Ord. 509-088 10-14-96ORDINANCE NO. 509-88
AN ORDINANCE 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 5 & 6, BLOCK I OF GARDEN ACRES SUBDIVISION, SECTION 2,
BEING A SUBDIVISION IN THE SOUTH 99 ACRES OF THE H.T. & B. R.R.
SURVEY, SECTION 7, A-219, AS IN DEED RECORDED IN VOL. 595, PAGE
63, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (6329
GARDENIA STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE
REQUEST OF REYNALDO AND JUANITA RAMOS, 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, Reynaldo and Juanita Ramos, owners, filed on July 26, 1996, 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 9th day of September, 1996, 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 l Oth day of September, 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application of Reynaldo and Juanira Ramos, 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 September 23, 1996; 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 Reynaldo and Juanira Rams, 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, more particularly described in Exhibit
attached hereto and incorporated herein for all purposes, 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-1):
Lots 5 & 6, Block I of Garden Acres Subdivision, Section 2, being a
subdivision in the South 99 acres of the H.T. & B. R.R. Survey, Section 7,
A-219, as in deed recorded in Vol. 595, page 63, of the Deed Records of
Brazoria County, Texas (6329 Gardenia Street).
II.
The City Council of the City of Pearland finds and determines that the recitations
2
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.
~,PAS ~ ~~D,1 and ADOPTED on First Reading this
, 996.
ATTEST:
CITY SECRETARY
day of
TOM REID
MAYOR
of
ROVED, and ADOPTED on Second and Final Reading this/~/(i~ day
, 1996.
ATTEST:
CITY SECRETARY
TOM REID
MAYOR
APb~FOVED AS TO FORM:
CITY A' 'I'ORNEY
__ Change in Regulations in Section #:
__ Specific Use for: *
Lo~/~) Block: /
Metes & Bounds Description:
(unplaued property only; atlach survey)
Subdivision:
Tax I.D. munber:
Proposed use of land within requested designation:
Record owner's name:~:~e~j N^L~o r~^ ~o.s/~"'Yu~;-r~ ~'~^mo~ C.,,J;m
Ow~r's mQjljnEaddress: ~;3~q ~'AKbEN~A ~T'~e, eT
O,~r's te~one ,,--,ber: 91S - 4S5'- 3. t/,, I
Agent's name:
Agent's mailing ~dress:
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 signamr_._~C~ j~rf.4~
Fees paid: $
Received by: ~ ~
Agent's signature:
Date paid: ~/- c:~ CO
CITY LIMITS UNE
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61 J.A. Premls 20 L.A. '~3 ~ ~,9. ~?~.. II
_ouls E. Lentz 730/227 Sawyer , ~iliige
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' M. R. Ro~s, Jr. ~
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Laura Massey
708/108 ,
772/74 1 54.0 '.
John R..Massey
708/109 160.0
1
~ $. Ilcck I d Garden Acres Seemlee. Sectlea I. telel a
'eddivtelae in the South ~l acre, ol the Irrtl Rli Sur~T. Se~tlon
T, A-~i9, IS hi deed fe.'d'dk~ In Vol. SeS. 13. el the Ded
dacetellec
· imdadn tedlm. edmemef tN~.OlmeeakB'lnmm
meddeldief~.fi~;~i .emefefileedii.lealdlil~
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PROPERTY EXHIBIT
Lot Six (6), i· BXock One (X), of Garden Acres Subdivision, Section 2,
eu unrecorded subdivision out of the South 99 ceres of Section 7, BT&B
II Co. Survey, Abetreef 219, Ireserie County, Tezee, deecribed eo
foXlove:
BEGDINING et · :5/8" iron rod set for the Northvest comer of t~)ls heroin
described LOt, Mid comer IMLng South 660.0 feet and South 89 &O' hit,
678.0 feet free the Northvest comer of mid H. C. Johnsoe's 99 ere tract:
and mid corner size boiAg the Northeast comer or heroinbefore described
Lot S; ·
THBICE conCirmtA8 South 89060, East:, · distance of 132.0 feet to · 5/8"
Lrcm rod markif~ the .~lortheast corner of heroin described lot;
T!IBICE South, · distance of 2:52.0 feet to · :5/8' iron rod mrkLf~ the
Southeast cornet of hereLL described Lot:;
I~HDICE North 89 O* Vest, parallel to the .~orth Line of hereLL described
LOt, · disgenes of 132.0 feet to · 5/8' iron rod Barking the SoulInset
sos·or of hereLL described lot;
THIICg North, papllllel to the East line of HeroiL described Lots · distance
of U2.O feet to the PLACE OF BEGZ~ING.
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
[, Joan Cummings, hereby certify that the noUce hereby appended was published
in Brazorla and Harris CounUes in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris CounUes, for / issues, as follows:
No. Date 19 ....
No. Date 19
No. Date 19
No. Date 19
j Editor
Subscribe and worn to before me this Z ~ day o~
19 ~ ..- ...................
, ' ~,, ~U~ ~ EMMONS
~,~A~
Laura Ann Emmons, Publisher
EXHZBXT "B."