Ord. 509-715 05-24-04ORDINANCE NO. 509-715
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 6, BLOCK 2, OF BUENA VIDA, A
SUBDIVISION IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 240,
BRAZORIA COUNTY, TEXAS (LOCATED ON THE SOUTH SIDE OF CANTU
STREET, AND EAST OF WAGON TRAIL ROAD) (APPLICATION NO. 1162)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF MARIA R.
GONZALEZ 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, Maria R. Gonzalez, Owner, filed on February 26, 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. 509-715
proposed amendment application by Maria R. Gonzalez, 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-3); 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 Maria R. Gonzalez, 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-3), such property being more particularly described as:
Lot 6, Block 2, of Buena Vida, a subdivision in the H.T. & B.R.R. Company
Survey, Abstract 240, Brazoria County, Texas (Located on the South Side of
Cantu Street, and East of Wagon Trail Road).
2
ORDINANCE NO. 509-715
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.
3
ORDINANCE NO. 509-715
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. 509-715
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of May , 2004.
ATTEST:
APPROVED AS TO FORM:
�,(L
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
[11' Change in Zoning Classification from: sD to:" -Re
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
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
Address: e�'li-t'
Subdivision: 13,tell' I cia
R-3
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):
Future/proposed use of property and reason for zone change: CS i c[ �1-� a1 ci_11
u' ell; nG
PROPERTY OWNER INFORMATION:
NAME IA.ail' a IZ , l orytf Z
ADDRESS C (N. utt
CITY Peg r(a' ;( STATETY ZIP -nsa
PHONE()b1 )
FAX(
E-MAIL ADDRESS
APPLICANT INFORMATION:
NAME Iua►i a . 60020 lZ
ADDRESS d DI7 J-1x f
CITY 190 rbild STATE T ZIP -775 !
PHONE( ()P) ) `) '5 -11-ct`7
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.
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Owner's Signature: , ' L �c� �)y( �1) • Date: / 6'/J O �
Agent's Signature: Date:
OFFICE USE ONLY: FEES PAID: 4A'7 7 ov DATE PAID: (g -O`t
RECEIVED BY: „� APPLICATION NO. / I 6 a
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LOCATION MAP
Zone Change Application No. 1162
Owner: Maria R. Gonzalez
South Side of Cantu Street
(SD - R3)
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200 400 Feet
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 -�1 day of 9/416/4
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.1162
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, inkBrazora,
and Fort Bend Counties,
Texas,cdrtd'uct a•jbirA'
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Maria R. Gonzalez, 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-
3), on the following
described property, to wit:
Lot 6, Block 2, of Buena
Vida, a subdivision in the
H.T. & B.R.R. Company
Survey, ; Abstract 240,
Brazoria County, Texas
(Located on the South Side
of Cantu Street, and East of
Wagon Trail Road)
At said hearing all interest-
ed parties shall have the
right and opportunity' to
appear and be heard on the
subject.
.1*r Theresa Grahmann
Plow 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 7- 7 20 0
No. Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
LAURA ANN EMMONS Notary public, State of Texas
Commission Expires 09-09-2006
day of 49/a/
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. 1162
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
Maria R. Gonzalez, 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-
3), on the following
described property, to wit:
Lot 6, Block 2, of Buena
Vida, a subdivision in the
H.T. & B.R.R. Company
Survey, Abstract 240,
Brazoria County, Texas
(Located on the South Side
of Cantu Street, and Bast of
Wagon Trail Road)
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. 1162
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-3) on the
following described property, to wit:
Legal Description: Lot 6, Block 2, of Buena Vida, a subdivision in the H.T. & B.R.R. Company
Survey, Abstract 240, Brazoria County, Texas (Located on the South Side of Cantu Street, and East of
Wagon Trail Road)
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. 1162 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: Maria R. Gonzalez
2017 Max Road
Pearland, Texas 77581
Page 1 of 1
Young Lorfing, TRMC
City Secretary
(281) 652-1655
Telecopier (281) 652-1719
June 14, 2004
Maria R. Gonzalez, Owner
2017 Max Road
Pearland, Texas 77581
Ref: South Side of Cantu
Dear Ms. Gonzalez:
On May 24, 2004, the City Council voted to approve Ordinance No. 509-715
(Application No. 1162) requesting a change of classification' of certain real
property from Suburban Development District (SD) to Single Family Dwelling
District (R-3).
Enclosed is a copy of Ordinance No. 509-715 for your records.
Sincerely,
offing, TRMC
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us
Pdnted on Recycled Paper