Ord. 509-229 09-14-98ORDINANCE NO. 509-229
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 BEING LOT 24 OF THE CAS-CON ACRES SUBDIVISION,
SECTION 2, HT& B R R CO. SURVEY, A-504, AS RECORDED IN THE PLAT
RECORDS OF BRAZORIA COUNTY, TX (6102 RAZA STREET) APPLICATION
NO. 320) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF
JOEL AND LINDA GUERRERO, 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, Joel and Linda Guerrero, owners, filed on June 25, 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 10th day of August, 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 10th day of August, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Joel and Linda Guerrero, 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 Single Family Dwelling District (R-l); 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 24, 1998, 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 Joel and Linda Guerrero, 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:
Lot 24 of the Cas-Con Acres Subdivision, section 2, HT& B R R Co. Survey, A-504,
as recorded in the plat records of Brazoria Co., TX (6102 Raza Street)
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO, 509-229
PASSED, APPROVED, and ADOPTED on First Reading this
~~ ,1998.
TOM REID
MAYOR
"' day of
ATTEST:
('~/~/~L TA(~~
SGEL TARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this [~r~'L'~ day
of
ATTEST:
,1998.
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Change in Zoning Classification from: ,5/3 to: /~- ]
__ Change in Regulations in SectiOn #:
__ Specific Use for: *
EXHIBIT
Property address: ~,/~
Lot: j_ 7'; ~ Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision: ~,~S C-c~ tO
Tax I.D. number:
Proposed use of land within requested designation:
Owner's mailing address:
Owner's telephone number:
/ - 400 5
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 use
may be incompatible with current and future uses on properties in my vicinity.
Owner's signature://~d~_.t_,c.e,-,
Fees paid: $ ._~__[ C ..... ,,------
rcccixcd t,v. ~" ~' ~.:-..-,.....c ~.-"~...,...+!.'~,.,9[
......
Agent's signature:
Date.paid:
AI'~pI icat ion numl}er: ~ ~..~
TERRELL DR.
SHARONDALE
ZONE SD
5 ZONE R-1
0
rY
COTTONWOOD STREET
6132 RAZA
ZONE SD
D :uvE
f(TYP.)
1 5 RAZA
/ 200'
' OYP.) ~ 20 ZONE SD
I
DR.
RAVENWOOD DR.
ZONE SD
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE
FAMILY
DWELLING
DISTRICT
ZONE CHANGE
FROM
8D TO R-1
AFFIDAVIT OF, PUBLICATION
~ EX/~BIT ~
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Curnrnings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper or general
circulation in Brazoria and Harris Counties, rot. ......... z]_ ............. issues, as follows:
No. Date
No. Date
No. Date
19
19
19
Subscribe and sworn to berore me this
19
Editor
day or :::T~c(
~!!G:SION..OF THECITY OF ,
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AFFIDAVIT OF PUBLICATION
TIle Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Curnnlings, 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 ,_...l ................... issues, as follows:
No._ ................D.to ......~9
No. Date 19
No. Date 19
No. Date 19
Laura Arm Ernrnons, Publisher
COU'NCI~='A~iD THE PLAN-
NING AND ZONING CQM-
MISSION OF THE CITY. OF
:eEARI.~ND/r~S ~! ~ '
...... the Planning and Zj~nir~g ".
~,~mmission 'of the City;~qf
i" eadand, Brazoda ana'~aiTiS,
~.~ount es, Texas, will
~.:lJoint Public Hearing i~il~e .:~:'
'Young Lorfing
August 14, 1998
Honorable Mayor and Council Members
City Hall
Pearland, TX 77581
Re: Recommendation to the City Council on Application No. 320
Request of Joel and Linda Guerrero, owner, for 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:
Lot 24 of the Cas-Con Acres subdivision, sec.2, HT & B RR Co. Survey, A-504, as
recorded in the plat records of Brazoria Co., TX (6102 Raza Street)
The Planning and Zoning Commission, at a regular meeting held on August 10, 1998, after the Joint
Public Hearing, considered the above-referenced application and recommend the following:
A motion was made by Commissioner Jack Mathis and seconded by Commissioner Emil Beltz to
approve Application No. 320.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
~l~~Sta, Chairperson
Planning & Zoning Commission