Ord. 509-712 05-24-04ORDINANCE NO. 509-712
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 0.310, BEING TRACT NO. 10 IN THE
SANDOVAL SUBDIVISION, LOCATED IN THE WEST ONE-HALF OF THE
NORTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF
SECTION 15, H.T & B.R.R. COMPANY SURVEY, ABSTRACT 241, BRAZORIA
COUNTY, TEXAS (2823 MORENCI STREET) (APPLICATION NO. 1163) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF SANDRA F.
MARTINEZ 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, Sandra F. Martinez, Owner, filed on March 15, 2004, 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 19th of April, 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 27th day of April, 2004, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-712
proposed amendment application by Sandra F. Martinez, Owner, whereby the
Commission recommended to approve a change of classification for the property
described in Exhibit "A" from its existing classification of Suburban Development District
(SD) to Single Family Dwelling District (R-1); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and concurred with the
recommendation of the Planning and Zoning Commission at a regular meeting on May
10, 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 Sandra F. Martinez, 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:
I .
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 Single Family Dwelling
District (R-1), such property being more particularly described as:
0.310, being Tract No. 10 in the Sandoval Subdivision, located in the west one-
half of the northwest one -quarter of the northeast one -quarter of section 15, H.T
& B.R.R. Company Survey, Abstract 241, Brazoria County, Texas (2823 Morenci
Street).
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ORDINANCE NO. 509-712
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.
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.
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ORDINANCE NO. 509-712
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.
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
May , 2004.
ATTEST:
4
ORDINANCE NO. 509-712
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of May , 2004.
ATTEST:
UNG !a "' I G
YSRETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
5
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
174 Change in Zoning Classification from: GD to: a -
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
78 ,n
Address:
Subdivision: SCioncl O J Lot: Block:
Tax I.D. Number: 7 &/J --O0 08-D 0 -b
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property—t-�--
(type of structures on property): -i,V�0._Q,
Proposed use of property: CI O
PROPER3y OWNFR INFORMATION: i
NAME C04111„Y(K. _ VOt,Y'-1-6()P'7.
ADDRESS 7 t MOlre JACi
CITY (--P2Lt.v,t0vta STATETS
PHONE(ZAb I ) clg� - 4926Z
FAX(
E-MAIL ADDRESS
APPLICANT/AGENT INFORMATION: NAME SOvxcIv & -INA a+141/1 (_
ADDRESS 7SZMOr-eve car:
CITY{ Us.,-( STATE -Ty ZIP -7 7 S9,4-
PHONE(zs / )
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 I am fully responsible for the correctness of the
legal description given.
Owner's Signat
Agent's Sign
OFFICE USE ONLY: ��
FEES PAID: '1 5
RECEIVED BY: rflO
Date: 3� slo
Date: 3 % s-A
DATE PAID: 3 /1 6 /0
APPLICATION NO. //(o3
LOCATION MAP
Zone Change Application No. 1163
Owner: Sandra F. Martinez
2823 Morenci Street
(SD - R1)
W+E
0 200 400 Feet
11111
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 04(
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this 3l day of 9110(1
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LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
APPLICATION NO. 1163
Notice is hereby given that
on April 19, 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
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Sandra F. Martinez, owner,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City from classification.
Suburban Development
District (SD) to Single
Family Dwelling District (R-
1), on the following
described property, to wit:
0.310, being Tract No. 10 in
the Sandoval Subdivision,
located in theiwest one-half
of the northwest one -quarter
of the northeast one -quarter
of Section 15, H.T. & B.R.R.
Company Survey, Abstract
241, Brazoria County,
Texas;
BEGINNING at a point
located in the East line of a
sixty foot (60') road, same
point being south 89
apses 45 Minutes east,
2833.88 feet and south 0
degrees 19 minutes west,
1119.44 feet from the north-
west corner of the H.T. &
B.R.R. Company Survey,
Section 15, Abstract 241,
Brazoria County, Texas;
THENCE South 0 degrees
19 minutes west, along the
east line of said 60 foot
road, 100 feet to point for
comer,
THENCE South 89 drapes
45 minutes east, 135 feet to
an LP. for comer,
THENCE North 0 degrees
19 minutes east, 100 feet to
I.I?. fffoo ;cr
lQr,�p'89.
45 minutes west, 135 feet to
point in East line of said 60
foot road, same being the
PLACE OF BEGINNING.
(2823 Morenci Street)
At said hearing all interest-
ed parties shall have the
sight and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Planner
App.ilt#03
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:
Date
No.
/ 47 ,/
20 d 7`
No. Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20
•
LAURA ANN •
E
MMONS
Notary public,
Commission State of Texas
• ....
Expires 09-09-2006
•
day of J/94/1/
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published March 31 & April
7 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.1163
Notice is hereby given that
on April 19, 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
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Sandra F. Martinez, owner,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City from classification
Suburban ` Development
District (SD) to Single
Family Dwelling District (R-
1), on the following
described property, to wit:
0.310, being Tract No. 10 in
the Sandoval Subdivision,
located in the west one-half
of the northwest one -quarter
of the northeast one -quarter
of Section 15, H.T. & B.R.R.
Company Survey, Abstract
241, Brazoria County,
Texas;
BEGINNING at a point
located in the East line et a
sixty foot (80') road, same
point being south 89
degrees 45 minutes east,
2833.88 feet and south 0
degrees 19 minutes west,
1119.44 feet from the north-
west corner of the H.T. &
B.R.R. Company Survey,
Section 15, Abstract 241,
Brazoria County, Texas;
THENCE South 0 degrees
19 minutes west, along the
east line of said 60 foot
road, 100 feet to point for
corner;
THENCE South 89 degrees
45 minutes east, 135 feet to
an LP. for corner;
THENCE North 0 degrees
19 minutes east, 100 feet to
an t P. :for eornerfr—r--
THEN* _tNorth '89 degrees
45 minutia -west, 135 feet to
point In et -line of said 80
foot road, same being the
PLACE OF BEG*NNIING.
(2823 Morena
At salt; rest-
ed pa $ave the
right opportunity to
appear and be heard on the
subject.
is/ Theresa Grahmann
Planner I
April 27, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1163
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 Single Family Dwelling District (R-1) on the
following described property, to wit:
Legal Description: 0.310, being Tract No. 10 in the Sandoval Subdivision, located in the west one-half
of the northwest one -quarter of the northeast one -quarter of Section 1 `, H.T. & B.R.R. Company Survey,
Abstract 241, Brazoria County, Texas (2823 Morenci Street)
At a regular meeting held on April 19, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Vice Chairperson Sheryl Greiner made a motion to forward Zone Change Application No. 1163 to City
Council for approval with a second made by Commissioner Neil West.
Motion to approve passed 5-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Cc: Owner: Sandra F. Martinez
2823 Morenci Street
Pearland, Texas 77584
Page 1 of 1
jr'
Young Lorfing, TRMC
City Secretary
(281) 652-1655
Telecopier (281) 652-1719
June 14, 2004
Sandra F. Martinez, Owner
2823 Morenci
Pearland, Texas 77584
Ref: 2823 Morenci
Dear Ms. Martinez:
On May 24, 2004, the City Council voted to approve Ordinance No. 509-712
(Application No. 1163) requesting a change of classification of certain real
property from Suburban Development District (SD) to Single Family Dwelling
District (R-1).
Enclosed is a copy of Ordinance No. 509-712 for your records.
Sincerely,
Lorfing, TRMC
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us
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