Ord. 509-717 05-24-04ORDINANCE NO. 509-717
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 A TRACT OF LAND CONTAINING 6,250
SQUARE FEET OF LAND KNOWN AS LOT 15, BLOCK F, OF PEARLAND
TOWNSITE, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN VOLUME 29, PAGE 41, OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 2120 GRAND
BOULEVARD) (APPLICATION NO. 1167) FROM CLASSIFICATION GENERAL
BUSINESS DISTRICT (GB) TO SINGLE FAMILY DWELLING DISTRICT (R-4)
AT THE REQUEST OF RICHARD 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, Richard Gonzalez, Owner, filed on March 18, 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 landuse 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. 509-717
proposed amendment application by Richard Gonzalez, whereby the Commission
recommended to approve a change of classification for the property described in Exhibit
"A" from its existing classification of General Business District (GB) 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 Richard Gonzalez, 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 General Business District (GB) is
hereby for all purposes changed and reclassified as Single Family Dwelling District (R-
4), such property being more particularly described as:
A tract of land containing 6,250 square feet of land known as Lot 15, Block F, of
Pearland Townsite, Brazoria County, Texas, according to the map or plat thereof
recorded in Volume 29, Page 41, of the Deed Records of Brazoria County, Texas
(Located at 2120 Grand Boulevard).
2
ORDINANCE NO. 509-717
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. 509-717
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. 509-717
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of May , 2004.
ATTEST:
APPROVED AS TO FORM:
e1A..-1 /I . 64.—
DARRIN M. COKER
CITY ATTORNEY
MAYOR
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
to:
® Change in Zoning Classification from: GB(listcurrentzoning)
❑ Specific Use Permit Request for :
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
W3' i_lI
(list proposed zoning)
(list proposed use)
Property Information:
Address: 2120 Grand Blvd. Pearland, TX. 77581
Subdivision: Pearland Townsi rp Lot: 15 Block: F
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:
Possible Residential Site
Vacant Lot
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME Richard M. Gonzalez NAME Same As Property owner Information
ADDRESS 2407 Kay Ave. ADDRESS
CITY Pearland STATE TX. ZIP 77581 CITY STATE ZIP
PHONE( 713 ) 641-8686 WK (281L992- S11 uM PHONE( )
FAX( 713 ) 861-4067 FAX(-) -
E-MAIL ADDRESS richard. gn7a1 p7awal ks+rrnm com 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 I description
fully responsible for the correct y upon which
esslof the
have
requested the above check action. understand that
legal description given.
Owner's Signature:
Agent's Signature:
--v
Date: 3/t8-/ If
Date:
OFFICE USE ONLY: FEES PAID: iA9 L
RECEIVED BY: ' Q‘
DATE PAID: '3 -19 ` C'+
APPLICATION NO. / I log
LOCATION MAP
Zone Change Application No. 1167
Owner: Richard M. Gonzalez
2120 Grand Boulevard
(GB - R4)
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
FAAMbog
President
Subscribe and sworn to before me this day of91-17&16X
•
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•
•
•
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e.
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
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
Richard M. Gonzalez,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City from classification
General Business District
(GB) to Single Family
Dwelling District (R-4), on
the following described
property, to wit:
A tract of land containing
6,250 square feet o) land
known at Lot 15, Block F, of
Pearland Townsite, Brazoria
County, Texas, according to
the map or plat thereof
recorded in Volume 29,
Page 41, of the Deed
Records of Brazoria County,
Texas, and being more par-
ticularly described as fol-
lows:
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
APPLICATION NO.1167
BEGINNING at a one-half
-.inch iron.rod-found-in the
west right-of-way line of
North Grand Boulevard
(120' ROW), which bears
North a distance of 100.00
feet from the intersection of
the north right-of-way line of
Plum Street and the west
right-of-way line of North
Grand Boulevard;
square feet of land.
(Located at 2120 Grand
Boulevard)
THENCE WEST, a distance
of 125.00 feet to a one-half
inch iron rod found for cor-
ner in the east line of a 20
foot alley;
THENCE NORTH, along
the east line of said 20 foot
alley, a distance of 50.00
feet to a one-half inch iron
rod set for corner;
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
THENCE EAST, a distance
of 125.00 feet to a one-half
inch iron rod found for cor-
ner n the west right-of-way
line of North Grand
Boulevard;
THENCE SOUTH, along the
west right-of-way line of
North Grand Boulevard, "a
distance of 50.00 feet to the
PLACE OF BEGINNING
and containing 6,25E Q
AFFIDAVIT OF PUBLICATION
The Pearla.nd 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" % 2 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 09-09-2008
............
day of
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.1167
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
Richard M. Gonzalez,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City from classification
General Business District
(GB) to Single Family
Dwelling District (R-4), on
the following described
property, to wit:
A tract of land containing
6,250 square feet of land
known at Lot 15, Block F, of
Pearland Townsite, Brazoria
County, Texas, accordingto
the map or plat .thereof
recorded in Volume 29,
Page 41, of the Deed
Records of Brazoria County,
Texas, and being more par-
ticularly described as fol.
lows:
BEGINNING at a one-half
inch iron rod found in the
west right-of-way line of
North Grand Boulevard
(120' ROW), which &ears
North a distance of 100.00
feet from the intersection of
the north right-of-way line of
Plum Street and the west
right-of-way line of North
Grand Boulevard;
THENCE WEST, a distance
of 125,00 feet to a one-half
inch iron rod found for cor-
ner in the east line of a 20
foot alley;
THENCE NORTH, along'
the east tine of said 20. foot
alley, a distance of 50.00
feet to a one-half inch iron
rod set for corner;
THENCE EAST, a distance
of 125.00 feet to a one-half
inch iron rod found for cor-
ner in the west right-of-way
line of North Grand
Boulevard;
THENCE SOUTH, along the
west right-of-way line of
North Grand Boulevard, a
distance of 50.00 feet to the
PLACE OF BEGINNING
and containing 6,250.00
square feet of land.
(Located at 2120 Grand
Boulevard)
At said hearingfall 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. 1167
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification General Business District (GB) to Single Family Dwelling District (R-4) on the following
described property, to wit:
Legal Description: A tract of land containing 6,250 square feet of land known at Lot 15, Block F, of
Pearland Townsite, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29,
Page 41, of the Deed Records of Brazoria County, Texas (Located at 2120 Grand Boulevard)
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. 1167 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: Richard Gonzalez
2407 Kay Avenue
Pearland, Texas 77581
Page 1 of 1
Young Lorfing, TRMC
City Secretary
(281) 652-1655
Telecopier (281) 652-1719
June 14, 2004
Richard M. Gonzalez, Owner
2407 Kay Avenue
Pearland, Texas 77581
Ref: 2120 Grand Boulevard
Dear Mr. Gonzalez:
On May 24, 2004, the City Council. voted to approve Ordinance No. 509-717
(Application No. 1167) requesting a change of classification of certain real
property from General Business District (GB) to Single Family Dwelling District
(R-4).
Enclosed is a copy of Ordinance No. 509-717 for your records.
Sincerely,
440,7
ouLorfin•, TRMC
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us
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