Ord. 509-643 03-24-03ORDINANCE NO. 509-643
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 TRACT 62A2, BEING .6642 ACRES,
SITUATED IN LOT 62, FIGLAND ORCHARD SUBDIVISION, SECTION 13,
H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 240, BRAZORIA COUNTY,
TEXAS (6025 FIGLAND)(APPLICATION NO. 1084) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF
LEONARD ELIZONDO, 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, Leonard Elizondo, Owner, filed on January 9, 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 17th of February, 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 18th day of February, 2003, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Leonard Elizondo, Owner, whereby the
1
ORDINANCE NO. 509-643
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 March 10, 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 Leonard Elizondo, 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:
Tract 62A2, Being .6642 acres, situated in Lot 62, Figland Orchard Subdivision,
Section 13, H.T. & B.R.R. Company Survey, Abstract 240, Brazoria County, Texas
(6025 Figland)
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
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ORDINANCE NO. 509-643
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. 509-643
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this loth day of
March ,2003.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day
of March , 2003.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
4
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
Change in Zoning Classification from:
s'it uRhAJY 7,evedp leg
to:
.27
(list current zoning)
City of Peariand
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci. peariand.tx. us
(list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Informatip�s /
Address: f LA Nil A,d4d, /7., '.f7S f
Subdivision: Fi3 LANd aeiMAk d Lot: ‘02. 14 Q Block: p , G 2 ,4 cues
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): PA (., I
// ) `a�
Proposed use of property: e.�'/t�f �cC /� Fse-e,
PROPERTY OWNER INFORMATION: // APPLICANT/AGENT INFORMATION:
NAME ,L-GQ NA/f ell C?/2 D,1d' NAME
ADDRESS 3 o S 2 ,4'Mde) E,v ADDRESS
CITY PAXLAXd STATE 732, ZIP 77-r8Y CITY STATE ZIP
PHONE( a. fig ) 99 2 - /439 PHONE( )
FAX(a 8 I ) L f / 02 Q ?'3 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: ,L) /' Date: o i (0 - /0 3
Agent's Signature: Date:
OFFICE USE ONIr.Y:
FEES PAID: c . ( DATE PAID: I 19
` 1 0
i G
RECEIVED BY: V �o APPLICATION NO. I 0 D CA
February 18, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1084
Request of Leonard Elizondo, 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:
Tract 62A2, being .6642 acres, situated in Lot 62, Figland Orchard Subdivision, Section 13,
H. T. & B. R.R. Co. survey, Abstract 240, Brazoria Co., TX (6025 Figland)
Honorable Mayor and Council Members:
At a regular meeting held on February 17, 2003 immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Zoning Application No. 1084 to City Council
for approval with a second made by Commissioner Robert Scherrer.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Leonard Elizondo
3057 Harkey Road
Pearland, TX 77584
Page 1 of 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 newspaperof.general
circulation in Brazoria, Harris & Galveston Counties, for / issues,. as follows:
No. / Date f -- Z q 20 0 3
No Date 20
No. Date '20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 3
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Notary Public. State of Texas
Public Hearing - Application No. 1084
Published 01/29/03 & 02/05/03
Published Jae.29 & Feb. 5,
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 17th day of February,
2003, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brenda,
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 Leonard. Elizondo,
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 (REY oi^theilowing
described property, to wit:
Lot 62A2, being .6642 acres,
Figland Orchard Subdivision,
Brazoria Co.. TX (6025
Figland)
At said hearing all Interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Is/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1084
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
Randy Emmons, hereby cdrtify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
culation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No.
Date —,
20 62
No. Date 20
No Date 20
No. Date 20
No. Date 20
scribe and sworn to before me this
1
gd /rem, -
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
President
day of (eTi
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1084
Published 01/29/03 & 02/05/03
Published Jan. 29 & Feb. 5,
2003
NOTICE OF A JOINT
PI✓LIC HEARINQ:OF.THE
CITY COUNCIL AND THE
PLANNING: AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice Is hereby given that on
the 17th day of February,
2003, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pear d r
Harris -;an Fp
Counties, Texas, will conduct
a joint public hearing in the
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Leonard Elizondo,
owner, for an amendment to
the Land Use, and urban
Development Ordinance of
said City from Classification
Suburban Development
District (SO) to Estate Lot
Single Family Dwelling
District (RE) on the following
described property, to wit:
Lot 62A2, being .6642 acres,
Figland Orchard Subdivision,
Brazoria Co., TX (6025
Figland)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
is/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. t064