Ord. 509-599 08-12-02ORDINANCE NO. 509-599
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 .6190 ACRES, BEING THE EAST
135.66' OF TRACT 66, HAHL'S FIGLAND ORCHARD SUBDIVISION, AS
RECORDED IN VOLUME 3, PAGE 77, BRAZORIA COUNTY PLAT
RECORDS, BRAZORIA COUNTY, TEXAS(APPLICATION NO. 1045)(5920
FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE
REQUEST OF JESUS M. VASQUEZ, 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, Jesus M. Vasquez, Owner, filed on June10, 2002, 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 8th of July, 2002, 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 9th day of July, 2002, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Jesus M. Vasquez, Owner, whereby the Commission
1
ORDINANCE NO. 509-599
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Suburban Development District (SD) to Estate Lot
Single Family Dwelling District (RE); and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this application, and considered the recommendation of the
Planning and Zoning Commission, at a regular meeting on July 22, 2002, 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 Jesus M. Vasquez, Owner, presented which, in the judgment of the City
Council, would justify the approval of said application, it is therefore,
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 Estate Lot single Family Dwelling
District (RE); such property being more particularly described as:
.6190 acres, being the East 135.66' of Tract 66, Hahl's Figland Orchard Subdivision,
as recorded in Volume 3, page 77, Brazoria County plat records, Brazoria County,
Texas (5920 Fite Road)
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
2
ORDINANCE NO. 509-599
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.
3
ORDINANCE NO. 509-599
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 22 day of
July , 2002.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12
day of August
ATTEST:
Y
, 2002.
4,4
Y SECRETARY
APPROVED AS TO FORM:
(ZezA---
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 10/20/01 •
Change in Zoning Classification from: to:
Change in Regulations in Section #:
i
Specific Use for: * 1" Yt VLXC t a
Property address: a 0 f.tq
Lot: Block:
Subdivision: ' , c ♦ QK�C�tu�d
Metes & Bounds Description:
(unplatted property only; attach survey
Tax I.D. number:
Current use of land:
Proposed use of land: PqatALQ( t\orm.
Record owner's name: Ae-`SEAS ' UCkf7.;Cug7_
Owner's mailing address: .� CAeld kk
Owner's telephone number: r-� �111
Agent's name:
Agent's mailing address:
Agent's telephone number:
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such us
may be incompatible with current and future uses on properties in my vicinity.
Owner's signature:
Fees paid: $
Received by: 15 ) Dv
Agent's signature:
Date paid: to - c
Application number: " 0 J
Zone Change Application No. 1045
Jesus M. Vasquez
5920 Fite Road
(SD -RE)
W E
July 9, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1045
Request of Jesus M. Vasquez, owner for an amendment to the Land Use and Urban
Development Ordinance from classification Suburban Development District (SD) to Estate Lot
Single Family Dwelling District (RE) on the following described property, to wit:
.6190 acres, being the East 135.66' of Tract 66, Hahl's Figland Orchard Subdivision, as recorded
in Volume 3, page 77, Brazoria Co. plat records, Brazoria Co., TX (5920 Fite Road)
Honorable Mayor and Council Members:
At a regular meeting held on July 8, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Robert Scherrer made a motion to forward Zoning Application No. 1045 to City
Council for approval with a second made by Commissioner Kevin McDonald.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Peariand Reporter News
2.404 South Park
Peariand, Texas 77581
State of Texas
3razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
i Brazoria and Harris Counties in THE REPORTER NEWS, a newspaperof, general
irculation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No / Date ii 20 O
No Date 20
No Date 20
No. Date 20
No. Date 20
abscribe and sworn to before me this
LAUF A A. EMMONS pj
'Not&Cy Pub Sta , 7
Commission Expire,
9-g-o2rJ
671171/W)-,
President
day of
aura Ann Emmons, Publisher
Notary Public, State of Texas 69,
c °�
Published June 19 & June
26, 2002
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that
on the 8th day of July, 2002,
at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will con-
duct a joint public hearing in
the Council Chambers of
City Hail, 3519 Liberty Drive,
Pearland, Texas, on the
request of Jesus M.
Vasquez, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
Classification Suburban
Development District (SD) to
Estate Lot Single Family
Dwelling District (RE) on the
following described proper,
ty, to wit:
.6190 acres,being the East
135 66', of Tract 66, Hahl's
Figland Orchard Subdi-
visi9n as recorded in Vol 3,
to sir(a County. plat
ioria "Co., TX
At said l eatintall interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
1st Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1045
AFFI : AV
T dF 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 4- 20 at —
No Date 20 `
No. Date 20 : <.
No. Date 20
No. Date 20
Subscribe and sworn to before me this �7
20 a-
LAURA A.
'� EMMONS
Notzry PL!b:c &7 .t
CommissIt.3n Exp e3 9-9_09 l 1S.
day of
aura Ann Emmons, Publisher
Notary Public, State of Texas
4,
66—
p<gR \o
Published June 19 & June
26, 2002
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that
on the 8th day of July, 2002,
at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
Cityof Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Jesus M.
Vasquez, owner, for . an
amendment to the Land Use
and Urban Development
Ordinance of said City from
Classification Suburban
Development District (SD) tg
Estate Lot. Single Family
Dwelling District (RE) on the
following described proper-
ty, to wit:
.6190 acres, being the East
135.66' of Tract 66, Hahl's
Figland Orchard Subdi-
vision as record d in Vol 3,
pg 77, Brazons County -plat
records, Brazoria Go., TX
(5920 Fite Road)
At said hearingall interested
parties shall JAW the right
and oppoiturt to appear
and be heard on the subject•
Is/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1045