Ord. 509-670 08-25-03ORDINANCE NO. 509-670
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 0.619 ACRES OF LAND, BEING TRACT NO. 3
IN THE SANDOVAL SUBDIVISION LOCATED IN THE WEST ONE-HALF OF
THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER
OF SECTION 15, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 241,
BRAZORIA COUNTY, TEXAS (MORENCI STREET) (APPLICATION NO. 1117)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOSE E.
QUINTONILLA, 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, Jose E. Quintonilla, Owner, filed on June 19, 2003, 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 21st of July, 2003, 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 22nd day of July, 2003, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
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ORDINANCE NO. 509-670
proposed amendment application by Jose E. Quintonilla, Owner, whereby the
Commission approved 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-1); 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
August 11, 2003; 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 E. Quintonilla, 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:
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-1); such property being more particularly described as:
0.619 acres of land, being Tract No. 3 in the Sandoval Subdivision located in the
west one-half of the northwest one quarter of the northeast one quarter of
Section 15, H.T. & B.R.R. Company Survey, Abstract 241, Brazoria County,
Texas (Morenci Street).
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ORDINANCE NO. 509-670
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.
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ORDINANCE NO. 509-670
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 25th day of
August , 2003.
ATTEST:
4
TOM REID
MAYOR
ORDINANCE NO. 509-670
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
8th day of September , 2003.
ATTEST:
C
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
„2„
TOM REID
MAYOR
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
Change in Zoning Classification from: S to:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.bc.us
1
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address:
Subdivision:, �,� ,t Lot:
Tax I.D. Number. 1446 tOC .. 0c7 )
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): urvie
Proposed use of property: 611`1C'� k Tan\ 1 h l; nik e
Block: Se‹./i '
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME '1-, ,,,5c:, ,C c--- ,, ,4, ,I,`/1, NAME
ADDRESS "-W/ c, Gam, / /\ ADDRESS
CITY /,‘-.j_,.,i STATEjC ZIP 2%, c',Zs- CITY STATE ZIP
PHONE('?/3 ) % 2 - 27 /y PHONE( )
FAX( ) FAX( )
E-MAIL ADDRESS E-MAIL ADDRESS
PETITION: As ownerlagent, 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: �� , ,� 'JO_ Date: 6 // 9/O ";
Agent's Signature: Date:
OFFICE USE ONLY: }
FEES PAID: lf o(3 0 c DATE PAID: 6 --/-1 -0
RECEIVED BY: APPLICATION NO. 1 / / '7
0 200 400 Feet
11 1 1 I I
Zone Change Application No. 1117
Jose E. Quintonilla
Morenci Street
(SD - R1)
N
W E
s
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No / Date J(�,i 9 20
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me th '! day o
200/3
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
aura Ann Emmons, Publisher
Notary Public, State of Texas
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / . issues, as follows:
No Date �. 20 t--
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
200
•
•
�►
• :.
•
•
iTF O{4�1'
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09.09.2006
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
oyv
'1 A7
(3')
Published July 2 & July 9,
2003
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 21st day of July, 2003, at
6:30 p.m., the City Council /
and Planning and Zoning .
Commission of the City of s
Pearland, 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 Jose
E. Quintonilla, 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-1) on the following
described property, to wit:
0.619 acres of land, being
Tract No. 3 in the Sandoval
Subdivision located in the
west one-half of the north-
west one quarter of the north-
east one quarter of Section
15, H.T. & B.R.R. Company
Survey, Abstract 241,
Brazoria County, Texas
(Morenci Street)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
/s/ Theresa Grahmann
Planner I
APPLICATION NO. 1117
August 12, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1117
Request of Jose E. Quintonilla, 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-1) on the following described property, to wit:
0.619 acres of land, being Tract No. 3 in the Sandoval Subdivision located in the west one-half of
the northwest one quarter of the northeast one quarter of Section 15, H.T. & B.R.R. Company
Survey, Abstract 241, Brazoria County, Texas (Morenci Street)
Honorable Mayor and Council Members:
At a regular meeting held on July 21, 2003, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Robert Scherrer made a motion to forward Zoning Application No. 1117 to City Council
for approval with a second made by Commissioner Don Sederdahl.
Motion to approve passed 3-2
Voting Record:
"Aye" — Commissioner's Greiner, Sederdahl, and Scherrer
"No" — Chairman Iocco, Commissioner Bacon
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Jose E. Quintonilla, 8110 Gulick Lane, Houston, TX 77075
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