Ord. 509-499 12-11-00 ORDINANCE NO. 509-499
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 PART OF BLOCK 17 OF
THE FIGLAND ORCHARD SUBDIVISION NO. 1, BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 3, PAGE 77 OF THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 952) (2853 WAGON TRAIL ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DISTRICT (R-l) AT THE REQUEST OF ASUNCION
ESPARZA, OWNER, 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, Asuncion Esparza, Owner, filed on September 18, 2000, 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 23r~ of October, 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 7th day of November, 2000, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
1
ORDINANCE NO. 509-499
regarding the proposed amendment application by, Asuncion Esparza, Owner, 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 November 27, 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 Asuncion Esparza, 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-1); such property being more particularly described as:
Being part of Block 17 of the Figland Orchard Subdivision No. 1, Brazoria County,
Texas, according to the map or plat thereof recorded in Volume 3, page 77 of the
plat records of Brazoria County, Texas (2853 Wagon Trail Road)
2
ORDINANCE NO, 509-499
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.
3
ORDINANCE NO. 509-499
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 __
November ,2000.
27 day of
TOM REID
MAYOR
ATTEST:
~C~T~Uy~c~G~R~ETARyy(/~
4
ORDINANCE NO. 509-499
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 1]. day
of December ,2000.
ATTEST:
APPROVED AS TO FORM:
TOM REID
MAYOR
DARRIN COKER
CITY ATTORNEY
5
('hal~!~c m/t)?1111,!~ ('~;.ISsIfiC:ILR}!I I'IOL' .
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address: 'Z ~, C)3 v,J~txl
Lot: Block: ~ '.'/
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number:
Current use ofland: ~.-51 ~?,AJ Tt~l,
Proposed use of land within requested designation:
~ecord owner's name: O~so~clok~. ~-~pn~'-z~
Owner's mailing address: '2~'~2~ ~-)(~-'G.~OM
Owner's telephone number:
Agent's name:
Agent's mailing address:
Agent's telephon, 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 signatuy~ pSv'L_."~./k, Agent';signature:
C 'Date paid: ' ] g ' ...,~..~:
Fees paid: $
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City of Pearland, Texas
ASUNCION ESPARZA
ZONE CHANCE
FROM
SO TO
1~'~52 lee=~ SH7
~ ~UN
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
~ 2404 South Park
Pearland, Texas 77581
~te of Texas
~zoria and Harris Counties
{andy Emmons, hereby certify that the notice hereby appended was published
~3razoria and Harris Counties in THE REPORTER NEWS
;ulation in Brazoria 'and Harris Counties, for' /
a newspaper of general
issues, as follows:
No. / Date
No. Date
20 _/TO
20
No.
No.
No.
Date "' 20 - .
Date :' ::~ "' '" 20 '
Date '" ' 20:
oscribe and sworn to before me this
::::Notary Public, State of Texas ·
: " ' ~ .;2: ' .' c' - '
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
lo-//
20 o~
No. Date 20
No.
Date
Date
Date
20
20
20
Subscribe and sworn to before me this
20 o~
day of
LAURA A. ,~iMMONS
Notary bh<i, State of Texas
blisher
Notary Public: State of Texas
November 7, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 952
Request of Asuncion Esparza, 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:
Being part of Block 17 of the Figland Orchard Subdivision No. 1, Brazoria Co., TX, according
to the map or plat thereof recorded in Vol. 3, pg 77 of the plat records of Brazoria Co., TX
(2853 Wagon Trail Road)
Honorable Mayor and Council Members:
At a regular meeting held on November 6, 2000, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Charles
Viktorin recommend approval of Zone Change Application No. 952.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Planning & Zoning Commission