Ord. 509-422 03-27-00ORDINANCE NO. 509-422
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 1.0 ACRE OF LAND SITUATED IN LOTS 57 &
58, OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA CO., TEXAS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGES 23-24, OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
870) (14019 GARDENS ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF GILBERT & FRANCES RAMIREZ, 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, Gilbert & Frances Ramirez, Owners, filed on November 19, 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 14th 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 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 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, Gilbert & Frances Ramirez, Owners, whereby the Commission
1
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-1); 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 Gilbert& Frances Ramirez, Owners, 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:
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-1); such
property being more particularly described as:
1.0 acre of land situated in Lots 57 & 58, of the Allison Richey Gulf Coast Home Co.
Subdivision, Section 19, H.T. & B.R.R. Co. Survey, A-243, Brazoria County, Texas,
according to the plat recorded in Volume 2, pages 23-24, of the plat records of Brazoria
County, Texas (14019 Gardens Road(CR556))
Il.
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
2
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.
3
ORDINANCE NO.509-422
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
March , 2000. r�
TOM REID
MAYOR
ATTEST:
ALP
PASSED, APPROVED, and ADOPTED on Second and Final Reading this27th day of
March ,2000.
APPROVED AS TO FORM:
an ' %l . Cak,
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
February 28, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 870
Request of Gilbert & Frances Ramirez, 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-1) on the following described property, to wit:
1.0 acres of land situated in Lots 57 & 58, of the Allison -Richey Gulf Coast Home Co.
subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243, Brazoria Co., TX, according to the
plat recorded in Vol. 2, pgs 23-24, of the plat records of Brazoria Co., TX (14019 Gardens
Road (CR 556))
Honorable Mayor and Council Members:
At a regular meeting held on February 21, 2000 after a Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Emil Boltz and seconded by Commissioner Todd Iocco to
recommend approval of Zone Change Application No. 870.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
S}gce�ely,
Mary Starr, Chan
Planning Zoning Commission
Change in Zoning Classification from ud
Change in Regulation in Section #:
Specific Use for: *
Property address: 40 f of Cis 5 51,
Lot: L
Noek:TR4.T 5'7C-53C
Subdivision:-AIllKc Mfib34S I,kl gE
Metes & Bounds Description: QO243 T i3�
(unplatted property only; attach survey)
QRD?a D—j it
Tax I.D. number: R.. ) (P(' 4 1
2r. to Ez43—COI 3 —124)
Proposed use of land within requested designation:
12CS Dint
Record owner's name: 6 I 1.43E-RT F AKA C ES L; l2pcmj12_6't
Owner's mailing address:
f
C,iZ,55L
Owner's telephone number:
Agent's name:
9`r?�0573
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 Ordinance 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 used on properties in my
tvicinity.
Owner's signature:
Fee paid: $ ()
Received by: 1 oy,rx-a
Agent's signature: to (CZ
Date paid: c V- 11 -- 9 9
City of Pearlard Texas
ZONECHAANGE
8D TO R-1
HOHZ:I'-$99
VEAT'l'-
GY! HLL`
99-8203
HEET
OF
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 / issues, as follows:
No. Date J cx Z.5 -t k 20 a o
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 co
A- day of J avn.
Publisher
Notary : <.'..S�.e of Texas
70
NOTICE OF A .,IQINT
PUBLIC HEAT'hING' OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE:QUCY
OFF TEXia!
Noticeis;ifereby given that on
the 14th day of February,
2000, at 6:30 p.m., the City
Council and the Planning and'
Zoning Commission of the
City. of Paarland ,Btazoria,
Harris and Fort Bend
•Counirettexas;lilt odduot
a Joint fublid Hearing%in`the:
Council Chambers, City Hall,
3519 Liberty Drive, Peadand,,
Texas, oil the request of
Gilbert F.' & Frances L.
Ramirez, owner, for an
amendment to the Land Use -
and:. Urban Development
Ordinance of said City from
Classification = Suburban
iu .,1g:
rlies siiall"'have Ib,
and opp*itQnity to appe
be heard on the subject;
Young Lorfing
City Secretary
RPM*
YJ5/bl/LF7b141
A ih r j1uA1I i T Kth'UK I El? NEWS
of PUBLICATION
The Pearland Reporter News
- 2404 South Park
Peariand, Texas 77581
de of Texas
izoria and Harris Counties
•
•
•
•
•
•
PAGE 01/01
Andy Emmons, hereby certify that the notice hereby appended
was published
srazoria and Harris Counties in THE REPORTER NEWS a new
ulation in Brazoria'and Harris Counties, for 1 ' � newspaper �f general
--� issues, as follows:
No. • : / Date.- 20 .
No.
Date 20
No. Date
No.
Date ` 20
No, Date
tribe and sworn to before me this
Do
20_
oat -
President
[� `, q � �
LAU 5i i A. EMMONy
Notary Public, State of Tecas
-10