Ord. 509-272 01-25-99 ORDINANCE NO. 509-272
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 LOCATED ON LOTS 11 & 12, BLOCK 3, HICKORY CREEK
PLACE SUBDIVISION AS RECORDED IN THE OFFICIAL RECORDS,
BRAZORIA COUNTY, TEXAS (APPLICATION 283) FROM CLASSIFICATION
OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT(R-1 ) AT THE REQUEST OF WILLIAM AND FELICITAS
R. GONZALES, 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, William and Felicitas R. Gonzales, owners, filed on February 18, 1998,
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
application for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 14th day of December, 1998, 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 15th day of December, 1998, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by William and Felicitas R. Gonzales,
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
1
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 January '11, 1999, 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 William and Felicitas R. Gonzales, owners, facts were 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:
I.
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-l); such
property being more particularly described as:
Lots 11 and 12, Block 3, Hickory Creek Place Subdivision as recorded in the
official records, Brazoria County, Texas.
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.
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.
3
ORDINANCE NO. 509-272
PASSED, APPROVED, and ADOPTED on First Reading this
TOM REID
MAYOR
"""' day of
ATTEST:
ECy
PASSED, APPROVED, and ADOPTED on Second and Final Reading this D,~day
ATTEST:
/C~NSC~L~T~ARy
TOM REID
MAYOR
APPROVED AS TO FORM:
DAR) INR~~M. COKER
CITY ATTORNEY
Change in Zoning Classification from:
Change in Regulations in Section #:
__ Specific Use for: *
CONSENT AGENDA
ITEM E
ORDINANCE NO. 509-272
EXHIBIT
Property address:
Lot://d- 1 Z__ Block: ;
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: V'X ? (SL
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
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
I ....
ZONE SD
BUTLER
1 20
5
15
200'
(~P.)
//
200' ,,,//
(TYP.) / /
%
5
ZONE SD
ZONE SD ~
6 7
OLIN LN.
1 12
>-
ZONE R-2
SD
R-1
R-2
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
/,ON*' CHANG/:
FROM
AM,. ka283 Seek. SHEET
.or, z:,~ '-200'
Dam MARCH. 1 ggS ,,eat: ".
n,m eyaJ.E.8. can FUa
Cad ~. D. SMfil-I 9B-B026 OF 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, 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 and Harris Counties, for / __ issues, as follows:
No.
Subscribe and sworn to before rne this
day of C~
NOTICEOF A JOINT PUB-
LIC HEARING .OF THE CITY
COUNCIL AND THE PLAN-
NING AND ZONING COM-
MISSION · OF THE CITY OF
PEARLAND.,. TEXAS ..
Notice is hereby given that on
the 29th day of June, 1998, at
:31dl p.m., the City councii
~,nd,!'B~t~ a~l H~is
,ntieS, T~as, ~il% conduct
.oint Publiq Headrig in the
auncil Chamber, City.
519 Libe~y D~ve, Pearland,
e~s, on the request
William & Feli~itas qr .
~onzales, owner, ioF.~n.
amendment to )he ~nd Use
and U~an Development
O~inance oi ~id Ci~ tram
Classification Subu~an
Deveic ~ment (SD)'to Sing)e
ion~ R ~ ~,
· . .~ ' ..~.
t
,..~
~..,~ .;
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby certify that the notice hereby appended was published
circulation in Brazoria i ~ issues, as follows:
Editor
Subscribe and sworn to before me this
19 4~
day of
Pearland Brazoria and Harris ~ LIC' ,....~ '..' . .
Counties: '[e~a~s', will. c~,duct 'C.'OLINClL'~'iT~I~'-. ;~)~ ,.' '
a joint Public .earin'g in the 'NIN.G~AN.
Council Chambers, City Hall, MISS ONOF,:~j~. ~....
3519 Llbe~ Drive, Pearland, p~.RL'JI~J~..?.~: .?.:: !,,..!.~..~.::::~
Texas, onthe requestof :'Not' 'i"'
William '& Felicitas R. :the 29~!~y. QI JUne i'~9.8~ at
eonza~es owner for an 6 39"P
~inan~e ~f ~id City from .J;-~ .:
· evelopment (SD)to Single '~ ~:~
n the following ~e~.::~,'- '
mpe~, to wit:
,~, :',. ,~:.' .
ots 11 and 12~ Block 3,
'icko~ Creek Place subdivj-
on as ~o~ed in the official
~co~s, Bmzo~ CounW, TX
~..., '...' ..~ ~": ..
....: ~..::. ~.:~.~;,',.~,. :',~ ,.
t said healing all interested .
a~ies sha~l haye the right.
nd ~o~uni~ to ~ ~nd
~ heard on the subj~t.-:~-'
15 December 1998
Mayor and City Councilmembers
City Hall
Pearland, Texas 77581
RE: Zone Change Application No. 283
The above referenced zone change application was reviewed by the Planning and
Zoning Commission at a regular meeting held on Monday, December 15, 1998. The
owner requested an amendment to the Land Use and Urban Development Ordinance
of said City from Classification Suburban Development (SD) to Single Family Dwelling
District (R-1) on the following described property, to wit:
Legal Description: Lots 11 and 12, Block 3, Hickory creek Place Subdivision as
recorded in the official records, Brazoria County, Texas.
Owners:
William and Felicitas R. Gonzales
6521 Springer Street
Houston, Texas 77087
The motion was made by Commissioner Emil Beltz and seconded by Commissioner Jack
Mathis to approve the zone change application request listed above from classification
Suburban Development (SD) to Single Family Dwelling District (R-l),
The motion to approve passed 5 to 0.
Please read this information into the official records of the City of Pearland and provide a
written copy to the City Secretary for the same purpose.
Sincerely,
rson
Planning & Zoning Commission
City of Pearland