Ord. 509-714 05-24-04ORDINANCE NO. 509-714
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 0.99 ACRES, BEING THE EAST ONE-HALF
OF A CALLED 1.988 ACRE TRACT OF LAND RECORDED IN FILE NUMBER
94-024593, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY CLERK,
BRAZORIA COUNTY, TEXAS, BEING A PART OF A 5.949 ACRE TRACT
RECORDED IN VOLUME 1439, PAGE 851, DEED RECORDS, BRAZORIA
COUNTY, TEXAS, OUT OF A 80 ACRE TRACT BEING THE NORTH ONE-
HALF OF THE SOUTHEAST ONE-FOURTH OF SECTION 16, GEORGE C.
SMITH SURVEY, ABSTRACT 546, BRAZORIA COUNTY, TEXAS (LOCATED
AT 6201 TERRELL DRIVE) (APPLICATION NO. 1165) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ARTEMIO
GARCIA 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, Artemio Garcia, Owner, filed on March 16, 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
1
ORDINANCE NO. 509-714
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
proposed amendment application by Artemio Garcia, 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 Artemio Garcia, 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:
0.99 acres, being the east one-half of a called 1.988 acre tract of land recorded
in File Number 94-024593, Official Records in the Office of the County Clerk,
2
ORDINANCE NO. 509-714
Brazoria County, Texas, being a part of a 5.949 acre tract recorded in Volume
1439, Page 851, Deed Records, Brazoria County, Texas, out of a 80 acre tract
being the north one-half of the southeast one-fourth of Section 16, George C.
Smith Survey, Abstract 546, Brazoria County, Texas (Located at 6201 Terrell
Drive).
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.
3
ORDINANCE NO. 509-714
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.
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
May , 2004.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-714
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of May , 2004.
ATTEST:
APPROVED AS TO FORM:
t1L nca
DARRIN M. COKE-R
CITY ATTORNEY
TOM REID
MAYOR
5
PAID MAR 16 2004
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
Please check one:
NI Change in Zoning Classification from: D to:
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information: �t rn
Address: (P aO I --e_V e�( l iv e
Subdivision: Lot: Block:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): J I
I� .-cam i l j lavxvi
Future/proposed use of property and reason for zone change: WI +1 t/1L
PROPERTY MINER INFORMATION: APPLICANT INFORMATION:
NAME r- a )rj / o & e/r C t r� NAME
ADDRESS 0.2 d/ TC/ r L/ a-- ADDRESS
CITY p4d#&t 4 STATE C�/ ZIP 7 7$`Pf CITY STATE ZIP
PHONE((Z�!% ) g 7 Z /0 5 PHONE( )
FAX( r._. ) FAX( )
E-MAIL ADDRESS 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. 1
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 Signature:
Date: " /4
Agent's Signature: - Date:
OFFICE USE ONLY: FEES PAID: h .off DATE PAID: -31(fi'`Z)
RECEIVED BY: & 1 l . APPLICATION NO.
mit ME
LOCATION MAP
Zone Change Application No. 1165
Owner: Artemio Garcia
6201 Terrell Drive
(SD - R1)
N
W�E
S
0 200 400 Feet
1 1 1 1 1
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 day of 91-12411--X
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
r. • .... • a... ...*.. ... ............
•
Laura Ann Emmons, Publisher
Notary Public, State of Texas
NOTICE OF .A JOINT
PUBLIC HEARING OF THE BEGINNING at a one-half
CITY COUNCIL AND THE inc'h iron rod found for the Inch iron rod set for refer -
PLANNING AND ZONING northwest corner of said ence in the north right -of -
COMMISSION OF THE 1.988 acre tract and the way line of County Road
CITY OF PEARLAND, northwest comer of a 0.973 554 and continue for total
TEXAS acre tract recorded in distance of 327.33: feet tf# at
Volume 88 613, Page 489, 54 Inch iron rod set forte
APPLICATION NO.1165 Official Public Records in rlQ fiwAt;x en-trof m
the Office of the County ` herein de9cribetttract inthe
:
Notice is hereby given that Clerk, Brazoria County, north line of said 1.988 acre
on April 19, 2004, at 6:30 Texas, in the north line of tract and 5.949 acre tract;
p.m., the City Council and the aforesaid 5.949 acre
Planning and Zoning tract, being located South THENCE North 87 degrees
Commission of the City of 87 degrees 41 minutes 11 41 minutes 11 seconds East
Pearland, in Brazoria, Harris seconds West a distance of along and with the north line
and Fort Bend Counties, 526.8 feet (called 527.69 of said 1.988 acre tract and
feet) from a 1 inch iron pipe 5.949 afire tract, a distance
found for the northeast cor- of 133.0 feet to the PLACE
ner of said 5.949 acre tract; OF BEGINNING and con-
taining 0.99 acres of land.
Texas, will conduct a joint THENCE South 02 degrees
public hearing in the Council 18 minutes 49 seconds East (Located at 6201 Terrell
Chambers of City Hall, 3519 along and with the east line Drive)
Liberty Drive, Pearland, of said 1.988 acre tract and
,Texas, on the request of the west line of said 0.973 At said hearing all Interest-
Artemio Garcia, owner, for acre tract, at 298.13 feet ed parties shall have the
r an amendnien d pass' a one-half inch iron right and opportunity `to
Use anoifj: rod found for reference and appear and be heard on the
Development Ordinance of continue for a total distance subject.
said City from classification of 327.33 feet to the south -
Suburban Development eastcorner of said 1.988 /s/ Theresa Grahmann
District (SD) to Single acre tract in the center of Planner I
Family Dwelling District (R- County Road 554 (60 feet
1), on the following wide) recorded in Volume
described' property, to wit: 1428, Page 83, Deed
Records, Brazoria County,
0.99• acres of land, being Texas;
the east one-half of a called
1.988 acre tract of land THENCE South 87 degrees
recorded in File Number..94- 41 minutes 11 seconds
024593, Official Records in west alongeand with the
the Office of the County center of County Road 554
Clerk, Brazoria County, and the south line of said
Texas, being a part of a 1.988 acre tract, a distance
5.949 acre tract recorded in of 133.0 feet to the south -
Volume 1439, Page 851, west corner of the herein
Deed Records, Brazoria described tract;
County, Texas, out of a 80
acre tract being the north THENCE North 02 degrees
one-half of the southeast 18 minutes 49 seconds
one-fourth of Section 16, West at 30.0 feet pass a 5/8
George C. Smith Survey,
Abstract 546, Brazoria
County, Texas, and being
more particularly described
by metes and bounds as fol-
lows:
}}Pp .I I1e5
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 7" %
20 _IPY_ 44
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20
LAURA ANN
Notary Public,EMMONS
Fora Commission State of texas
• r * Expires 09-09-P006 :
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. 1165
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
Artemio Garcia, 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:
0.99 acres of land, being
the east one-half of a called
1.988 acre tract of land
recorded in File Number 94-
024593, Official Records in
the Office of the County
Clerk, Brazoria County,
Texas, being a part of a
5.949 acre tract recorded in
Volume 1439, Page 851,
Deed Records, Brazoria
County, Texas, out of a 80
acre tract being the north
one-half of the southeast
one-fourth of Section 16,
George C. Smith Survey,
Abstract 546, Brazoria
County, Texas, and being
more particularly described
by metes and bounds as fol-
lows:
BEGINNING at a one-half
inch iron rod found for the
northwest corner of said
1.988 acre tract and the
northwest comer of a 0,973
acre tract recorded in
Volume 88 613, Page 489,
Official Public Records in
the Office of the County
Clerk, Brazoria County,
Texas, In the north line of
the aforesaid 5.949 acre
tract, being located South
87 degrees 41 minutes 11
seconds West a distance of
526,8 feet (called 527,69
feet) from a.1 Inch Iron pipe
found for the northeast cor•
ner of said 5.949 acre tract;
THENCE South 02 degrees
18 minutes 49 seconds East
'along and with the east line
of said 1,988 acre tract and
the west line of said 0.973
acre tract, at 298.13 feet
pass a one-half inch Iron
rod found for reference and
continue for a total distance
of 327.33 feet to the south-
east corner of said 1.988
acre tract in the center of
County Road 554 (60 feet
wide) recorded in Volume
1428, Page 83, Deed
Records; Brazoria County,
Texas;
THENCE South 87 degrees
41 minutes 11 seconds
west along and with the
center of County Road 554
and the south line of said
1.988 acre tract, a distance
of 133.0 feet to the south-
west corner of the herein
described tract;
THENCE North 02 degrees
18 minutes 49 seconds
Westat 30.0 feet pass a-5/8
inch iron rod set for refer
enee in the north right -of-
way line of County Road
554 and continue for a total
distance of 327.33 feet to a
5/8 inch iron rod set for the
northwest corner of the
herein described tract in the
north line of said 1.988 acre
tract and 5.949 acre tract;
THENCE North 87 degrees
41 minutes 11 seconds East
along and with the north hne
of said 1.988 acre tract and
5.949 acre tract, a distance
of 133.0 feet to the PLACE
OF BEGINNING and con-
taining 0.99 acres of land.
(Located at 6201 Terrell
Drive)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Planner
fifiv .1166
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 T" 7 20 d,
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20__
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09.2006
.............................
day of J/ki�
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. 1165
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 Brazorla, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing In the Council
Chambers of City Hail, 3519
Liberty Drive, Pearland,
Texas, on the request of
Artemio Garcia, 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:
0.99 acres of land, being
the east one-half of a called
1.988 acre tract of land
recorded in File Number 94-
024593, Official Records in
the Office of the County
Clerk, Brazoria County,
Texas, being a part of a
5.949 acre tract recorded in
Volume 1439, Page 851,
Deed Records, Brazoria
County, Texas, out of a 80
acre tract being the north
one-half of the southeast
one-fourth of Section 16,
George C. Smith Survey,
Abstract 546, Brazoria
County, Texas, and being
more particularly described
by metes and bounds as fol-
lows:
BEGINNING at a one-half
inch iron rod found for the
northwest corner of said
1.988 acre tract and the
northwest comer of a 0.973
acre tract recorded in
Volume 88 613, Page 489,
Official Public Records in
the Office of the County
Clerk, Brazoria County,
Texas, in the north Tine of
the aforesaid 5.949 acre
tract, being located South
87 degrees 41 minutes 11
seconds West a distance of
526.8 feet (called 527,69
feet) from a 1 Inch Iron pipe
found for the northeast cor-
ner of said 5.949 acre tract;
THENCE South 02 degrees
18 minutes 49 seconds East
'along and with the east line
of said 1.988 acre tract and
the west line of said 0.973
acre tract, at 298.13 feet
pass a one-half Inch iron
rod found for reference and
continue for a total distance
of 327.33 feet to the south-
east corner of said 1.988
acre tract in the center of
County Road 554 (60 feet
wide) recorded in Volume
1428, Page 83, Deed
Records, Brazoria County,
Texas;
THENCE South 87 degrees
41 minutes 11 seconds
west along and with the
center of County Road 554
and the south line of said
1.988 acre tract, a distance
of 133.0 feet to the south-
west corner of the herein
described tract;
THENCE North 02 degrees
18 minutes 49 seconds
West -at 30.0 feet pass.a 5/8
inch iron rod set for refer
once In the north right-of-
way line of County Road
554 and continue for a total
distance of 327.33 feet to a
8/8 inch; iron rod set for the
northwest corner of the
herein described tract in the
north line of said 1.988 acre
tract and 5.949 acre tract;
THENCE North 87 degrees
41 minutes 11 seconds East
along and with the not line
of said 1.988 acre tract and
5.949 acre tract, a distance
of 133.0 feet to the PLACE
OF BEGINNING and con-
taining 0.99 acres of land.
(.Located at 6201 Terrell
Drive)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ 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. 1165
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: 0.99 acres, being the east one-half of a called 1.988 acre tract of land recorded in
File Number 94-024593, Official Records in the Office of the County Clerk, Brazoria County., Texas,
being a part of a 5.949 acre tract recorded in Volume 1439, Page 851, Deed Records, Brazoria County,
Texas, out of a 80 acre tract being the north one-half of the southeast one-fourth of Section 16, George C.
Smith Survey, Abstract 546, Brazoria County, Texas (Located at 6201 Terrell Drive)
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. 1165 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: Artemio Garcia
6201 Terrell Drive
Pearland, Texas 77584
Page 1 of 1
Young Lorfing, TRMC
City Secretary
(281) 652-1655
Telecopier (281) 652-1719
June 14, 2004
Artemio Garcia, Owner
6201 Terrell Drive
Pearland, Texas 77584
Ref: 6201 Terrell Drive
Dear Mr. Garcia:
PEARLAND
FT E` X AS]
�9 s
On May 24, 2004, the City Council voted to approve Ordinance No. 509-714
(Application No. 1165) 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. 509-714 for your records.
Sincerely,
oung orfing, TRMC
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us
=) Printed on Recycled Paper