Ord. 509-417 03-27-00ORDINANCE NO. 509-417
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 LOCATION BEING 4.9991 ACRE TRACT, BEING THE NORTH ½
OF LOT 19, ALLISON RICHEY GULF COAST HOME CO. SUBURBAN
GARDENS SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243,
BRAZORIA COUNTY, TEXAS AS PER MAP OR PLAT THEREOF RECORDED
IN VOLUME 2, PAGE 23 & 24, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 865) (ADAMO LANE) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-l) AT THE REQUEST OF CHARLES & DELORES GARClA, 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, Charles & Delores Garcia, Owners, filed on November 11, 1999, 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
applications for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 14~ of February, 2000, 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 o,f 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 28~ day of February, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Charles & Delores Garcia, 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 March 13, 2000, 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 Charles & Delores Garcia, Owner, 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) to is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-l); such
property being more particularly described as:
4.9991 acre tract, being the North % of Lot 19, Allison Richey Gulf Coast Home Co.
Suburban Gardens Subdivision, Section 19, H.T. & B.R.R. Co. Survey, A-243, Brazoria
County, Texas as per map or plat thereof recorded in Volume 2, page 23 & 24, Brazoria
County, Texas (Adamo Lane)
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.
ORDINANCE NO. 509-417
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
March , 2000.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ZT_thday of
March ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
February 28, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 865
Request of Charles & Delores Garcia, owner, for an amendment to the Land Use and
Urban Development Ordinance of said City from Suburban Development District (SD) to
Single Family Dwelling District (R-l) on the following described property, to wit:
4.9991 acre tract, being the North ½ of Lot 19, Allisgn Richey Guff Coast Home Co. Suburban
Gardens Subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX as per
map or plat thereof recorded in Vol. 2, pg 23 & 24, Brazoria Co., TX (Adamo Lane)
Honorable Mayor and Counc'fl Members:
At a regular meefmg held on February 21, 2000 aider a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice-Chairman Tommy L. Scott and seconded by Commissioner Emil
Beltz to recommend approval of Zone Change Application No. 865.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
S~eerely,
Mary Start, t~halrman / U - c/
Planning & Zoning Commission
__ Change in Zoning Classification from %T~ to: '~ )
__ Change in Regulation in Section #:
__ Specific Use for: *
PropeCtyaddress: ~ ~C~ ~ ~0
Lot: [ ~ Block: I
Subdihsion:
Metes & Bo~ds Description:
(~pla~ed prope~ only; a~ch su~ey)
Tax I.D. nmber:
Proposed use of l~d wi~ requested desi~ation: F( ~ ~ ~ ]
Record owner's n~e: ~ ~ ~ ~(~
Owner's mailing address: ¢ ~ ~'~~ ~~ tW
Owner's telephone number: ~l qq-
Agent's nme:
Agent's mailing address:
Agent's telephone nmber:
PETITION: As owneffagent, I hereby petition ~e Ci~ for approval of ~e above described
request as prohded by ~e laws of the State of Texas ~d Ore,ce of the Ci~ of Pearled. *On
a Specific Use Pe~t request to allow a residential use in a business zone (OP, NS, GB), I
ac~owledge ~at such use may be incompatible with c~ent ~d h~e used on propeffies in my
vic~.
Owner's s~a~e.~ Agent' s si~a~re:
Feepaid:$ ~~~ ~ Datep~d:
47
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20
49
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 / ~ssues, as follows:
No. Date -~-c~,_ ZG'-f/~ 20 ~ c~
No. Date 20 __
No. Date 20 __
No. Date 20 __
No. Date 20 __
~fZr~ident
Subscribe and sworn to before
20 ~o
me this~
~~nl Publisher
Notary~e of Texas
0510112000 PAGE 01/01
~87 2814856397 REPORTER NEWS
rr UAVlT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
{ts of Texas
~zoria and Harris COunties
:andy Emmor~s, hereby certify that the notice hereby appended was pul~lished
Iraz°rJa, and Herds Counties in THE REPORTER NEWS, a .newspaper Of general
ulation in Brazoria'and Harris Counties, for /
· issues, ae follows:
No, · Date _. 20_
-No... -- Date 2O. _
No. Date '. .
No, _ Date · · 20.
;ribe and swr)rn
President
to before me this__"' ,,,2.
. ' hor
Notary PubliG, State of Te~(as