Ord. 509-434 03-13-00 ORDINANCE NO. 509-434
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 THE EAST 2/3 OF TRACT 71, HAHL'S
FIGLAND ORCHARD SUBDIVISION NO. 1, A SUBDIVISION OF SECTION 13,
H.T. & B.R.R. CO. SURVEY, A-240, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OF RECORD IN VOLUME 3, PAGE 77, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 887) (5917
FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF
YSIDORO C. MEZA, 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, Ysidoro C. Meza, Owner, filed on December 10, 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 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, Ysidoro C. Meza, 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 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 Ysidoro C. Meza, 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:
The East 2/3 of Tract 71, Hahl's Figland Orchard Subdivision No. 1, a subdivision of
Section 13, H.T. & B.R.R. Co. Survey, A-240, Brazoria County, Texas, according to the
map or record in Volume 3, page 77, plat records of Brazoria County, Texas (5917 Fite
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.
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. 509-434
PASSED, APPROVED, and ADOPTED on First Reading this 13t~ day of
March, 2000.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this27th day of
March ,2000.
TOM REID
MAYOR
ATTEST:
~ SE._..GRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3~5~96
__ Change in Zoning Classification from: to:
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address: ~-~'/7 /:-~-~¢, ,~
I
Lot: ~J~ Block: I Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
-) ,
Proposed use of land within requested designation: /'~) ~, ~, e ~ 'Jr,
Record owner's name:
Owner's mailing address:
~neKs telephone number:
Agent's name:
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 Ordinances of the City of Peadand. '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
signature:
Fees paid: $ ~,~j~--~. ~ ~ 5/ Date paid:
Received by: ~ .~,~~~,.~_ ' Application numl~er: /
76
75 ~r
R- 1 gB(188)
70 ~-'~g
FITE ROAD
63 64- 6! 66 67 68
62 5917 FITE 61
ROAD
FIGLAND
-- 60
~ 57
M- 1 (273)
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 ~-~w_ Z'5'-¢-/~ 20 z~ c~
No, Date 20 __
No. Date 20
No. Date 20
No. Date 20 __
[6.r.e~side nt
Subscribe and sworn to before me this
20 ~o
~~_~'~° .... ' ""~n~, Publisher
f Texas
Nota~
NOTICE .:OF ,A ',JOINT
PUBLIC HEARIN(~ OF THE
CITY COUNCIL AND THE
PLANNING ANDZONiNG
iOF PEARLANO, ]~CAS
Notice is hereby give~ 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 Psarland, Brazoria,
Harris and Fort Bend
Counlies, Texas, will
a Joint PuBic Hearing in the
Council Chambers, City Hall,
3519 L~ D~e, Pe~rland,
Taxas~ on the request
Ysidom C. Meza, owner, f~r
an amendment to the Land
use and Urban Devek3pment
Ordinance at said City Imm
ClaSsificat on Suburban
Oevek~m~t ~ (SO) to
Single Family Dwelling
District (R-t),on
The East 2/3 of Tract 7'1,
Habits Figland
SubdMaon No. t,
sion of Sect. lS; H~ T~
Bmoda Ca.,
pa~ties ~the right
and ~ appear and
Youag Long
0S/01/2000 22:07 281485639? REPORTER NE~,~S PAGE 0110i
rr uAVlT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Peadand, Texas 77581
Its of Texas
~zoria and Hards Counties
'.andy Emmons, hereby certify that the notice hereby appended was pUblished
~razorJa and Hard$ Counties in THE REPORTER NEWS, a newspaper Of general
ulation in Brazoria'and Harris Counties, for J issues, as follows:
No. Date 20 ..
No, Date 20.
No. Date
No, ... Date '20.
President
:ribe and sw(~rn to before me this_ 2' ~ _
Notary Public, State or Te~(as
· E J IN'
P.UBUC HEARING OF THE'
CITY COUNCIL .AND THE
PLANNING AND ZONING
CO~iSSlON OF ~E CITY
OF PEAILAND, TEY~AS
the 14th day of February,
2000, at 6:30 p.m., fha City
Co~n~ ~nd the Planning and
Zoning COmmissioe of the
City of Peadand, Brazor~a,
Harris and Fo,-t Bend
CouPes, T~x~, will ~
a Joint Public Hearing in the
council Chan~rs, Crff H~,
3519 Lberty Drive, Pearland,
Texa~ On the request o!
ysidoro C. Ueza, owner, for
an amendment to.the t.aod '
use a.d Urb~. ~
Ordinance of said City frmn
Classification Suburba~
Develofl ,m~nt Dist~ct (SD) to
Sing~ Family` Owe~ing
Tho East 2/3, of TraCt 71,
eahl's F~and OrCha~
,Subornation No, !~ A
sion o! Sec~ i3, H. T.*& B.
and o~o~tun~ to al~a r and
February 28, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 887
Request of Ysidoro C. Meza, owner, for an amendment to the Land Use and Urban
Devdopment Ordinance of said City from Subm'ban 1}evelopment District (SD) to Single
Family Dwelling District (R-l) on the following described property, to wit:
The East 2/3 of Tract 71, Hahl's Figland Orchard Subdivision No. 1, a subdivision of Section 13, H.
T. & B. ILK Co. survey, A-240, Brazoria Co., TX, according to the map of record in Vol. 3, pg 77,
plat records of Brazoria Co., TX (5917 Fire Road)
Honorable Mayor and Council Members:
At a regular meeting held on February 21, 2000 alter a Joint Public Heating, 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. 887.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely,
Mary tarr, C airman / [I
Planning & Zoning Commi~sYon