Ord. 509-600 08-12-02ORDINANCE NO. 509-600
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 8.11 ACRES OF LAND, BEING
PART OF LOT 46, ALLISON RICHEY GULF COAST HOME COMPANY'S
SUBDIVISION, SECTION 80, H. T. & B. R.R. COMPANY SURVEY, A-564,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED
IN VOLUME 2, PAGE 98, PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS(APPLICATION NO. 1048)(2657 CR 59) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE
FAMILY DISTRICT (RE) AT THE REQUEST OF JOSE M. AND SANDRA R.
MARTINEZ, OWNERS, 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, Jose M. and Sandra R. Martinez, Owners, 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
1
ORDINANCE NO. 509-600
the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Jose M. and Sandra R. Martinez, Owners, whereby
the Commission 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 Jose M. and Sandra R. Martinez, Owners, 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:
8.11 acres of land, being part of Lot 46, Allison Richey Gulf Coast Home Company's
Subdivision, Section 80, H. T. & B. R.R. Company Survey, A-564, Brazoria County,
Texas, according to the plat recorded in Volume 2, page 98, plat records of Brazoria
County, Texas (2657 CR 59)
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ORDINANCE NO. 509-600
IL
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. 509-600
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 22 day of
July , 2002.
ATTEST:
4
ORDINANCE NO. 509-600
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12 day
of August , 2002.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 10/20/01 •
X Change in Zoning Classification from: Si) to: /e- *
Change in Regulations in Section #:
Specific Use for: *
Property address: a (-, S -
Lot: 1) (7 Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Subdivision:
e ci c `e.j
Current use of land: A.
Proposed use of land:
fminr fy '4 '-'-e
Record owner's name: ;j , M . 1'-( y f 2_ a, S6/1-a ro`
Owner's mailing address:
Owner's telephone number: 4 3 - (o `i .S
Agent's name:
/v/4
Agent's mailing address: �/4
Agent's telephone number: /LV4
r g3a-4193-T75g
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 use on properties in my vicinity.
Owner's signature:
Fees paid: $
Agent's signature:
Date paid: 1Q^ (0-C
Received by:
Application number:'" \ Ogg
City limits
Zone Change Application No. 1048
Jose & Sandra Martinez
2657 CR 59
(SD -RE)
N
E
s
July 9, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1048
Request of Jose M. and Sandra R. Martinez, owners 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:
8.11 acres of land, being part of Lot 46, Allison Richey Gulf Coast Home Co.'s Subdivision,
Section 80, H. T. & B. R.R. Co. survey, A-564, Brazoria Co., TX, according to the plat recorded
in Volume 2, page 98, plat records of Brazoria Co., TX (2657 CR 59)
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. 1048 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 Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
3razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
irculation in Brazoria, Harris & Galveston Counties, for / issues,- as follows:
No. / Date 6 /i 20
No. Date 20
No. Date 20
No. Date 20
No. Date 20
abscribe and sworn to before me this
) 2-
-s LAJRA A . EMMOf S
Notary Public,State
of $
Commission Exp ren 03
u,
dim mom-.
President
day of
aura Ann Emmons, Publisher
Notary Public, State of Texas
Published June 19 & Jun.
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 thai
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 Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Jose M. and
Sandra R. Martinez, owner,
for an amendment to the
Land Use and " Urban
Development Ordinance of
said City from Classification
Suburban Development
District (SR) t0;.Estate Lot
Single Family Dwelling
District (RE) on the following
described property, to wit: ? "
8.11 acres of tend, being
part of Lot 46, Allison Richey"
Gulf Coast Home Co.'s
Subdivision, Section 80, H.
T. & B. R.R. Co. survey,
; Brazoria Co., TX,
Of, the plat record•
of 2, . pg; 98, plat
records`Brazoria. Co., TX
(SCR
Wrested
the right
and applily,-to appear
and be heard on the subject.
/s/ Mona Ann Ph •
Development Coordinator
APPLICATION NO. 1048
AF IDAb iT OF PU °LICATPON
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 6---`
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this )7
20O)--
== LAURA A . E' MOMS
'Notary Pcbiic, State of- t c-za,
Ccmrniss:on Exp co 643-9i2n
-3
President
day of
aura Ann Emmons, Publisher
•
Notary Public, State of Texas
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 Peariand, Brazoria,
Harrid Fod rend
duct ajoint.p dngin
the Council Chambers of
City Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Jose M. and
Sandra R. Martinez, 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 property, to wit:
8.11 acres of ` land, being
part of Lot 46, Allison Richey
Gulf Coast Home Co.'s
Subdivision, Section 80, H.
T. & B. R.R. Co. survey, A-
564, Brazoria Go,,;,TX,
according to.the plat'r rd
ed in Vol. 2, pg 98, -plat
records ,of Brazoria Co., TX
(2657 CR 59)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1048