Ord. 509-711 04-26-04ORDINANCE NO. 509-711
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING
LOT 36, WESTCHESTER ESTATES, ABSTRACT 242, H.T. & B.R.R.
COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED ON THE
WEST SIDE OF MANVEL ROAD, AND NORTH OF WESTCHESTER
CIRCLE) (APPLICATION NO. 1142) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD
SERVICE DISTRICT (NS) AT THE REQUEST OF VINCENT Z.
RAMIREZ, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Vincent Z. Ramirez, Owner, filed on December 11, 2003, an
application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use
and Urban Development Ordinance of the City, for approval of a change in the land use
as provided for in said Section 28, said property being legally described in the original
applications for amendment attached hereto and made a part hereof for all purposes as
Exhibit "A"; and
WHEREAS, on the 15th day of March, 2004, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication being attached thereto and made a part hereof for all
purposes as Exhibit "B", said call and notice being in strict conformity with provisions of
Section 28.3 and 28.4 of Ordinance No. 509; and
WHEREAS, on the 17th day of March, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Vincent Z. Ramirez, Owner, whereby
the Commission recommended to approve a change of classification for the property
1
ORDINANCE NO. 509-711
described in Exhibit "A" from its existing classification of Suburban Development District
(SD) to General Business District (GB); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application, and the recommendation of
the Planning and Zoning Commission, at a Regular Meeting on April 12, 2004; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case
of the application of Vincent Z. Ramirez, Owner, presented which, in the judgment of the
City Council, would justify the approval of said application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
The following described property located within the corporate City limits of the
City of Pearland, Texas, and presently classified as Suburban Development District
(SD) is hereby for all purposes changed and reclassified as Neighborhood Service
District (NS), such property being more particularly described as:
Lot 36, Westchester Estates, Abstract 242, H.T. & B.R.R. Company Survey,
Brazoria County, Texas (Located on the West Side of Manvel Road, and north
of Westchester Circle).
II.
The City Council of the City of Pearland finds and determines that the recitations
in the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The
City Council further finds and determines that there has been compliance with the
mandates of law in the posting and presentation of this matter to the Planning and
Zoning Commission and to the City Council for consideration and decision.
2
ORDINANCE NO. 509-711
III.
The City Council of the City of Pearland finds and determines that the
amendment adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
V.
All rights and remedies, which have accrued in the favor of the City under this
Ordinance and its amendments thereto, shall be and are preserved for the benefit of the
City.
VI
The City Secretary is hereby directed to cause to be prepared an amendment to
the official Land Use District Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509 and consistent with the approval herein granted for the
reclassification of the herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
3
ORDINANCE NO. 509-711
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of
April , 2004.
TOM REID
7 (J
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
26th day of April
ATTEST:
APPROVED AS TO FORM:
, 2004.
)( egrk.-----
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Li
4
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
Change in ZoningClassification from: S. P. to: E.t/, gvS.
(list current zoning) (list proposed zoning)
n Specific Use Permit Request for :
Property Information:
Address: FM i/,2 6
(list proposed use)
Subdivision: c yk.1'ti.-'a- ,��, ,tn �_P Lot: 2 6 Block:
Tax I.D. Number: 2 /6 0033 - d
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property ;�
(type of structures on property): VA (-do 't 1 a
Proposed use of property: G L-N , , 3 us
PROPER OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME 1 svcj=,J/ Z ,121,z NAME
ADDRESS > d ®y CA a •Y-0Q, /N. ADDRESS
CITY R-gn /, ,,4J STATE 7 ZIP 77s'ed-/ CITY STATE ZIP
PHONE( ) 9 q 7 72 79 PHONE( )
FAX( )
E-MAIL ADDRESS
FAX(
E-MAIL ADDRESS
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that 1 am fully responsible for the correctness of the
legal description given.
Owner's Signature:
Agent's Signature:
OFFICE USE ONLY:
„pc,
O FEES P
RECEIVED ByirNoor4
Date:
Date:
DATE PAID: 1
APPLICATION NO.
LOCATION MAP
Zone Change Application No. 1142
Owner: Vincent Z. Ramirez
West Side of Manvel Road,
and North of Westchester Circle
(SD - GB)
N
W+E
s
0 200 400 Feet
11 1 1 I I
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE RE
PORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for
issues, as follows:
No. Date • 4
20
No. Date
20
No. Date
20
No. Date
No. Date
Subscribe and sworn to before me this(
day of
20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
20
20
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Feb. 25 & March 3,
2004.
NOTICE OF A - JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
APPLICATION NO.1142
Notice is hereby given that on
March 15, 2004, at 6:30 p.m.,
the City Council and Planning
and Zoning Commission of
the City of Pearland, in
Brazoria, Harris and Fort
Bend Counties, Texas, will
conduct a joint publichearing
in the Council, Chambers of
City Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of -Vincent Z.
Ramirez, `'ow ''for -an
amendment to the Land Use
and Urban `.Development
Ordinance of said City from
classification Suburban
Development District (SD) to
General Business District
(GB), on the following
described property, to wit:
Lot 36, Westchester Estates,
Abstract 242, H.T. & B.R.R.
Company Survey, Brazoria
County, Texas
(Located on the West Side of
Manvel Road, and north of
Westchester Circle)'
At said hearing all interested
parties shalt haVeihe might
and opportunity to appear and
be heard on the subject.
/s/ Theresa Grahmann
Planner{.
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. / Date 3.3 20 -�.
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
2006/
...••.
•
•
• ��r
•
•
•
•
••
•
ftib
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
1/
day of A d/16X
Laura Ann Emmons, Publisher
Notary Public, State of Texas
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. / Date /" 4 7 20 O
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20t_
day o
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Dec. 31, 2003 &
Jan. 7, 2004
,NOTICE OF A JOINT PUB-
LIC HEARING OF THE CITY
'COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
APPLICATION NO.1142 '
•
Notice is hereby given that on
January 19, 2004, at 6:30 j
p.m., the City Council and,
Planning and Zoning
Cornmission of the City of
Pearland, in Brazoria, Harris
'and Fort Bend Counties,,
Texas, will conduct a joint
:public hearing in the Council
Chambers of City Hall, 3519!
Liberty • Drive, Pearland,
Texas, on the request of ,
Vincent Z. Ramirez, owner,'
for an amendment to the Land
, Use and Urban Development
I Ordinance of said City from
classification Suburban
!Development District (SD) to .
General Business District
' (GB), on the following;
described property, to wit: !
Lot 36, Westchester Estates,
H.T. & B.R.R. Company
Survey, Abstract 242, ,
Brazoria County, Texas (West ;
Side of Manvel Road, North of
Westchester Circle)
At said hearing all interested
parties shall have the right +,
,and opportunity to appear and j
be heard on the subject.
(sl Theresa Grahmann
Planner I
March 17, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION
PPL
Re: RECOMMENDATION CAS ON NO.1142
PL
Honorable Mayor and Council Members:
Use and Urban Development Ordinance of said on Cityfrom following
o ment District (SD) to General Business District ( )
Request for an aniendmve vel p he Land
classification Suburba wit:
described property, Company Survey,
Westchester Estates,
Abstract 242, H.T. & B.R.R. p y
Legal Description: Lot oc the West Side of Manvel Road, and north of Westchester Circle
)
Brazoria County, Texas (Located on
At a regular meeting
held on March 15, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Linda Cowles made a motion to forward Zone 1i� i�ir � � No, lig
Council for approval with a second made by ViCe,Chafrpep�00 S
Motion to approve passed 5.0
This is submitted for your conSidel,�
tl®n,
March 17, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1142
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Suburban Development District (SD) to General Business District (GB) on the following
described property, to wit:
Legal Description: Lot 36, Westchester Estates, Abstract 242, H.T. & B.R.R. Company Survey,
Brazoria County, Texas (Located on the West Side of Manvel Road, and north of Westchester Circle)
At a regular meeting held on March 15, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Linda Cowles made a motion to forward Zone Change Application No. 1142 to City
Council for approval with a second made by Vice.Chairperson Sheryl Greiner.
Motion to approve passed 5-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Owner:
Vincent Z. Ramirez
5001 Groveton Lane
Pearland, Texas 77584
Page 1 of 1