Ord. 509-679 10-13-03ORDINANCE NO. 509-679
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 1.7992 ACRE TRACT OF LAND KNOWN AS
LOT 12 OF BETHEL SUBDIVISION, SECTION 2, AN UNRECORDED
SUBDIVISION OF 25.9538 ACRES OF LAND, OUT OF LOTS 39, 40, 55, AND
56 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION,
SECTION 19, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, BRAZORIA
COUNTY, TEXAS (13910 STONE ROAD) (APPLICATION NO. 1123) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE
LOT SINGLE FAMILY DWELLING DISTRICT (R-E) AT THE REQUEST OF
FELIPE A. AND MELVA GONZALEZ, 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, Felipe A. and Melva Gonzalez, Owners, filed on August 1, 2003, 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 15th of September, 2003, 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
1
ORDINANCE NO. 509-679
WHEREAS, on the 18th day of September, 2003, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Felipe A. and Melva Gonzalez,
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 Estate Lot Single Family Dwelling District (R-E);
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 29, 2003; 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 Felipe A. and Melva Gonzalez, Owners, presented which, in the
judgment of the City Council, would justify the approval of said application; now,
therefore,
BE IT 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
2
ORDINANCE NO. 509-679
(SD) is hereby for all purposes changed and reclassified as Estate Lot Single Family
Dwelling District (R-E), such property being more particularly described as:
1.7992 acre tract of land known as Lot 12 of Bethel Subdivision, Section 2, an
unrecorded subdivision of 25.9538 acres of land, out of Lots 39, 40, 55, and 56 of
the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T. &
B.R.R Company Survey, Abstract 243, Brazoria County, Texas (13910 Stone
Road).
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.
3
ORDINANCE NO. 509-679
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.
PASSED, APPROVED, and ADOPTED on First Reading this 29th day of
September , 2003.
ATTEST:
UNG
Y S'7 RETAR
TOM REID
MAYOR
4
ORDINANCE NO. 509-679
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
13th day of October , 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
5
❑ Specific Use Permit Request for :
City of Pearland
Community Development
3519 Liberty Drive
APPLICATION FOR Pearland, Texas21639
21-652-1702 fax
A CHANGE IN ZONING www.ci pearland.tx.us
Please check one:
Change in Zoning Classification from: 5� to: R E
(list current zoning)
(list proposed use)
Property Information: ,
Address: l 3q 0 6 y7J)'te'k Gt.
(list proposed zoning)
Subdivision: Lot: / Block:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property):
Proposed use of property:
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME 1 O) e P 6o1n ZR��' z a►c�tickwo NAME
ADDRESS Sa1i J c.. c�c S, ADDRESS
CITY C U.) t C' STATET -I- ZIP 7"7S "I CITY STATE ZIP
PHONE(9 7 G ) S - (o $ o PHONE( )
FAX( )' ) rl- fQ S -- tQ g o FAX( )
E-MAIL ADDRESS E-MAIL ADDRESS
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature: I> o Date: / -
Agent's Signature: Date:
OFFICE USE ONLY: } ix /�7
FEES PAID: '1'T . DATE PAID: eg-/ —03
RECEIVED BY: APPLICATION NO. / /d 3
CR 560
fD
owls
rim
111.-0-111
1111
Hu
0 200
11 1 1 I
hes Ranch Road
400 Feet
LOCATION MAP
Zone Change Application No. 1123
Owner: Felipe A. and Melva Gonzalez
13910 Stone Road
(SD - RE)
10 poomtnioN
W+E
September 18, 2003,
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1123
Honorable Mayor and Council Members:
Request of Felipe and Melva Gonzales, owner for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Suburban Development District (SD) to Estate Lot Single Family
Dwelling District (R-E), on the following described property, to wit:
Legal Description:
1.7992 acre tract of land known as Lot 12 of Bethel Subdivision, Section 2, an
unrecorded subdivision of25.9538 acres ofland, out of Lots 39, 40, 55, and 56 of
the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T. &
B.R.R. Company Survey, Abstract 243, Brazoria County, Texas (13910 Stone
Road)
At a regular meeting held on September15, 2003, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Sheryl Greiner made a motion to forward Zoning Application No. 1123 to City Council for
approval with a second made by Commissioner David Ransom.
Motion to approve passed 5-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc:
Owner:
Felipe A. and Melva Gonzalez
812 Wade Street
Clute, Texas 77531
Applicant: None
Page 1 of 1
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
in Brazoria and Harris Counties in THE REPORTER NEWS, a n was published
circulation in Brazoria, Harris & Galveston Counties, for ewspaper:of general
issues, as follows:
No. / Date
No. Date
20
No. Date
20
:20 03
No. Date
No. Date
Jbscribe and sworn to before me this
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
20
20
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No.1123
Published 08/27/03 & 09/03/2003
Published Aug. 27 and Sept
3, 2003
NOTICE OF A JOINT
PUBLIC HEARING OF
'THE CITY COUNCIL AND
THE PLANNING AND
ZONING` COMMISSION OF
THE CITY
PEARLAND,TEXAS
Notice is hereby given that on
the 15th day of September,
2003, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, in Brazoria,
Harris `' and Fort ":Bend
Counties, Texas, will conduct
a joint public hearing in the
Council Chambers, of City
Hall, 3519 Liberty ()rive,
Pearland, Texas, on the
request of Felipe A. and
Melva Gonzalez, owner, for
an amendment to the.. Land
Use and Urban Development
Ordinance of said City from
Cla sification Suburban
Development District (SD) to
Estate Lot Single Family
Dwelling District (ROE) on the
following described property,
to wit:
1.7992 acre tract of land
known as Lot 12 of
Subdivision, $ectio , an
unrecorded < subdisesion of
25 9588fa&riofdoutof
Lots39, a" 6ofthe
Allison''Rlphey ' Gulf Coast
Home Company, Subdivision,
Section 19, H.T. & B.R.R.
Company Survey, Abstrapt
243, Brazoria County, TOltt)s
(13910 Stone Road).
At said hearing all interested
parties shall have the right
and opportunity - to appear
and be heard on the subject.
APPLICATION NQ. 1123
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, Harris & Galveston Counties, for / issues, 'as follows:
No. l Date /"3 '20
No. Date '20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20.2—
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1123
Published 08/27 & 09/03/2003
Published Aug. 27 and Sept.
3, 2003
NOTICEOF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION OF
THE CITY OF
PEARLAND, TEXAS
Notice is hereby given that on
the 15th day of September,
2003; afirli p.m,, ate City
Council and Planning and I
Zoning Commission of the
City of Pearland iin Brazo i ,
Harris and Fort Bend
Counties, Texas, will conduct
a joint public hearing in the
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Felipe A. and
Melva Gonzalez, owner, for
an, amendment to the Land
Use and Urban Development
Ordinance of said City from
Classification Suburban
Development District (SD) to
Estate lot. Single Family
Dwelling District (R-E) on the
following described property,
to wit:
1.7992- acre tract of land
known as..Lot 12 of Bethel
Subdivision, Section '2,r an
unrecrrded sabdlvision of
25 acres efJand, ostt;of
d 56 he
me
Sect!
Com
At-
and"Q(
and be
ie right
to appear
'on the subject.
7s/Theresa .Grahmann'
Planner'I
APPLICATION NO. 1123