Ord. 509-213 07-27-98ORDINANCE NO. 509-213
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 4, BLOCK 1, CAS-CON ACRES SUBDIVISION, OUT
OF TRACT B, VOLUME 5, PAGE 137 OF THE DEED RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 268) (6123 WILLOW) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF GUERO FAMILY
LTD. PARTNERSHIP, 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, Guero Family Ltd. Partnership, owner, filed on January 15, 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 22nd day of June, 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 29th day of June, 1998, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Guero Family Ltd. Partnership, owner, 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 July 13, 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 Guero Family Ltd. Partnership, owner, 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 4, Block 1, Cas-Con Acres Subdivision, out of Tract B, Volume 5, page 137
of the Deed Records of Brazoria County, TX (6123 Willow)
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.
2
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. 509-213
PASSED, APPROVED, and ADOPTED on First Reading this
July
,1998.
13th day of
TOM REID
MAYOR
ATTEST:
of
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
July
27th
, 1998.
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
day
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Metes & Bounds Description:
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Tax I.D. number:
Proposed use of land within requested designation:
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Record owner's name: CYr_~ ~ ~fl'
PETITION: As owner/a~ent, I hZby ~tition the City for approval of ~e above' descried 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. 5""~
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AFFIDAVIT OF PUBLICATION
EXHIBIT
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, 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. Date 19 __
No. Date 19 __
No. Date 19 __
No. Date 19 __
Subscribe and sworn to before me this / day of ~,
19~
~.,.~ ~mmons, Publisher
is,~reb~:given.thBt OFi
'~p~r~;?~fe bity Coun~l
.Pl~'~nihg and zoning.
.
:adand~Bmzq~aand:H~ffis
the ~uest ~f John
~an~ez,~.age~tfor Gusto:
AFFIDAVIT OF PUBLICATION
EXHIBIT
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, 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. Date
No. Date
No. Date
No. Date
19
19
19
19
19
Subscribe and sworn to before rne this
day of(~
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July 1, 1998
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 268
Request of Guero Family Ltd. Partnerhsip,, owners, 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 4, Bock 1, Cas-Con Acres subdivision, out of Tract B, Vol. 5, pg. 137
of the deed records of Brazoria Co., TX (6123 Willow)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on June 29, 1998, after the Joint
Public Heating, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Scott and seconded by Commissioner Beltz to approve
Application No. 268..
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairperson
Planning & Zoning Commission