Ord. 509-716 05-24-04ORDINANCE NO. 509-716
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 LOTS 40 AND 41, BLOCK 37, PEARLAND
TOWNSITE, BRAZORIA COUNTY, TEXAS (LOCATED AT 2218 N. PEARLAND
AVENUE) (APPLICATION NO. 1166) FROM CLASSIFICATION MULTI -FAMILY
DEVELOPMENT DISTRICT (MF) TO SINGLE FAMILY DWELLING DISTRICT
(R-4) AT THE REQUEST OF CHARLES AGUIRRE, 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, Charles Aguirre, Owner, filed on March 17, 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
proposed amendment application by Charles Aguirre, Owner, whereby the Commission
1
ORDINANCE NO. 509-716
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-4); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and 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 the Charles Aguirre, 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 Single Family Dwelling
District (R-4), such property being more particularly described as:
Lots 40 and 41, Block 37, Pearland Townsite, Brazoria County, Texas (Located
at 2218 N. Pearland Avenue)
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
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ORDINANCE NO. 509-716
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.
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.
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ORDINANCE NO. 509-716
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.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of May , 2004.
TOM REID
MAYOR
4
ORDINANCE NO. 509-716
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
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.peariand.tx.us
Please check one:{4
ll LL
to:
Change in Zoning Classification from: �t zoning)oposed zoning)
(list curr
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: J AI (--7- 61-4-1- 6
Subdivision: V L) To l) Lot: VP'`/7 Block: 3 1
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): 1/ e 4/ / (
Future/proposed use of property and reason for zone change:
D,,vLLLxA7G'
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME 6 l'/,e-m_ C .s A Gu - /1-A. 6— NAME
ADDRESS 2 2'5 Ai ,iZ 5 T l,V ADDRESS
CITY I)C/-f;Gif--A/DSTATE TA1' ZIP 7/ eY/ CITY STATE ZIP
PHONE(2 (t/ ) ? 5 -- c2 az V.S PHONE( )
FAX( - ) 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. 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 Signature: e, -"L t� Date: 3 —/'7—U `x
Date:
Agent's Signature:
OFFICE USE ONLY: FEES PAID: Ve5 DATE PAID:a,-/
RECEIVED BY:SC APPLICATION NO. //(fz[o
LOCATION MAP
Zone Change Application No. 1166
Owner: Charles Aguirre
2218 N. Pearland Avenue 0 200
(M F- R4) l i l t
N
W+E
S
400 Feet
I
A-Pp.l I to(n
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 d 7`
No. Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20_6E_
LAURA ANN EM
MON$
Notary public
' State of Texas
Commission
Expires 09-09-2006
day of 4)/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 COUNCILAND THE
PLANNING AND ZONING
COMMISSION .Of THE
CITY OF PEARLAND,
TEXAS
APPLICATION' NO.1116
Notice Is hereby given that
on Aprll 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 Charles
Aguirre, owner, for an
amendment to the Land
Use and Urban
Development Ordinance of
said City from classification
Multi -Family District (MF) to
Single Family Dwelling
District (R-4), on the follow-
ing described property, to
wit:
Lots 40 and 41, Block 37,
Pearland Townsite, Brazoria
County, Texas
(Located at 2218 N.
Pearland Avenue)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Planners
NOTIQE. OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
APPLICATION NO. 1166
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 Charles
Aguirre, owner, for an
amendment to the Land
Use and Urban
Development Ordinance of
said City from classification
Multi•Family District (MF) to
Single Family Dwelling
District (R-4), on the follow-
ing described property, to
wit: .
Lots 40 and 41, Block 37,
Pearland Townsite, Brazoria
County, Texas
(Located at 2218 N.
Pearland Avenue)
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. 1166
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Multi -Family District (MF) to Single Family Dwelling District (R-4) on the following
described property, to wit:
Legal Description: Lots 40 and 41, Block 37, Pearland Townsite, Brazoria County, Texas
(Located at 2218 N. Pearland Avenue)
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
Neil West Change Application No. 1166 to City
Council for approval with a second made by Commissioner
Motion to approve passed 5-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Cc: Owner: Charles Aguirre
2245 N. Austin
Pearland, Texas 77581
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