Ord. 509-209 05-11-98ORDINANCE NO. 509-209
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 1, BLOCK 1, OF BUENA VIDA SUBDIVISION IN THE
H.T. & B. R.R. SURVEY, BRAZORIA COUNTY, TEXAS (APPLICATION NO.
252) (6315 CANTU RD.) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-3) AT THE REQUEST OF EUDOCIO & LILY HERNANDEZ, 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, Eudocio & Lily Hernandez, owners, filed on December 16, 1997, 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 27th of April, 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 28th day of April, 1998, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Eudocio & Lily Hernandez, 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-3); 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 May 11, 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 Eudocio & Lily Hernandez, 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-3); such
property being more particularly described as:
Lot 1, Block 1, of Buena Vida Subdivision in the H.T. & B. R.R. Survey, Brazoria
County, TX (6315 Cantu Rd.)
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. 509-209
PASSED, APPROVED, and ADOPTED on First Reading this
May , 1998.
llth
TOM REED
MAYOR
day of
ATTEST:
>EZ~LL'~TIARyki~~~//~'~'~
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11th day
of May ,1998.
ATTEST:
C>SG~ET ARY~>
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
· Change in Regulations in Section #:
__ Specific Use for: *
Metes ~ Bo~n~ Des~ri~fiom
(u~laRed pro~ny o~y; attach s~ey)
Tax I.D. number: ,23z/d9 t59LgD,5' 000
Proposed use of land within requested designation:
Record owner' s name: F/,;J~,~'~'-,
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address: l['X ~Ch,,
Agent 's telephone number: ~ I ~''
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 PearlaM. *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.
OWncr's signatur ::~:f ~°3 ff,,vv.¢ gent's signature: ' Y~ lC:L
,'¢~-,~ .~,~: $l c- ~.d~,~ m~: X~_ t L., _q_~_ ..............
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ZONE C
10
120 ZONE SD 123
JOSEPHINE DR.
135
ZONE SD
137
6315 CANI'U
- ROAD
20
200'
ZONE C
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CANTU
STREET
15
10
11
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80
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SUBURBAN DISTRICT
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
DISTRICT
MOBILE HOME PARK DISTRICT
COMMERCIAL DISTRICT
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Curnmir~gs, 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 lollows:
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19 "~Z
Editor
day o~P~Z///
Counej CityHall, .. !
Pearland,
Texas, ~n'
~mendment to
AFFIDAVIT OF PUBLICATION
Ttle Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cumrnir~gs, hereby certify that tile notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper oi: general
circulation in Brazoria and Harris Counties, for . ,Z ............. issues, as lollows:
No. ~.,/DateZ./, / 3'~9 e
No. Date .... 19
No. Date __ 19
No. Date 19
No.. .............. Date 19
C~,, Edi t/,"'u~o?
Subscribe and sworn to before me this
day o~--//)/~'/
N
~.~",'~ .-~. ~ ..... ' .....
· · , .. ·: ,~
Laura Ann Emmons, Publisher
PEAR~h ,, T~AS :
P"~nd, 8~zo~.an '~r~e
Counties, TexaS,' ~ill ' ndUcl '
a doint PUblic 'Hea~. in the' .'
EU~io'~ Lily: "and., ::::
owher, for an a
,
8ubu~an De~;op~nt (SD) :
descend pm~, to. wit: :......
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. ~ hear"~ all in~emst~'.':~: ';
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April 28, 1998
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 252
Request of Eudocio & Lily Hernandez, 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-3) on the following
described property, to wit:
Lot 1, Block 1, of Buena Vida Subdivision in the H.T. & B. RR Survey, Brazoria
County, TX (6315 Cantu Rd.)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on April 27, 1998, after the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Pat Lopez and seconded by Commissioner Jack Mathis
to approve Application No. 252.
Motion to approve passed 4 to O.
This is submitted for your consideration.
Sincerely,
~Vice-Chair2an
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 ° www. ci.pearland.tx.us