Ord. 509-517 04-09-01 ORDINANCE NO. 509-517
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 5 ACRES, BEING THE SOUTH ~
OF LOT 50, ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, SECTION 19, H. T. & B. R. R. COMPANY SURVEY, A-243,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF APPEARING IN VOLUME 2, PAGE 23-24, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 973)(1738 STONE
ROAD OLD ADDRESS: 13418 STONE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DISTRICT (R-l) AT THE REQUEST OF MARLO VICTORtNO AND ANA
LIZA JUGUILON, 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, Marlo Victorino and Aha Liza Juguilon, Owners, filed on February 6,
2001, 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 5th of March, 2001, 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 ct March, 2001, the Planning and Zoning Commission
1
ORDINANCE NO. 509-517
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Marlo Victorino and Ana Liza Juguilion, 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 26, 2001, 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 Marlo Victorino and Aha Liza Juguilion, 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:
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:
5 acres, being the South 1/2 of Lot 50, Allison Richey Gulf Coast Home Company
Subdivision, Section 19, H. T. & B. R. R. Company Survey, A-243, Brazoria County,
Texas, according to the map or plat'thereof appearing in Volume 2, page 23-24, plat
records of Brazoria County, Texas (1738 Stone Road old address: 13418 Stone
Road)
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ORDINANCE NO. 509-517
I1.
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.
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.
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ORDINANCE NO. 509-517
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.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 26 day of
March ,2001.
TOM REID
MAYOR
ATTEST:
TY S~I;~ RETAR'P'
4
ORDINANCE NO. 509-517
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9 day
of Apr-il ,2001.
TOM REID
MAYOR
ATTEST:
S~_:r~RETAR~_./ ~//
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
__ Change in Zoning Classification from: ~ to:
__ Change in Regulations in Section it:
address: ~ S To,
Lot: Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Current use of land: ~
Proposed use of land within requested designation: ¢C$( 6~ ~'O~
Record owner's name: /v~tly V(o+ogJoo ~ ~- ~'~ ~ ~L~ A. ~
Owner's mailing address: /~'~ ~C ~, 19~ ~.~. ~
Owner's telephone number: ~ g[-~ ~ ~ ~ ~ l- kg ~ ' kt0¢
&gem'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 Ci~ of Pearland. *On a Specific Use Pe~it
request to allow a residential use in a business zone (OP, NS, GB), I ac~owledge that such use may be
with c~ent and future uses on
17 ZONE SD
18
ZONE SO
zONE 50
51
19 ZONE SO
R-1(417)
ZONE $0
52
.... - 20 3,6
3,7
Ci~ el Pemla~l, l'exa~
ZONE CI'IANEIE
FROM
8D TO R-1
2001
BELTWAY 8
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South
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FROM
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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 / issues/as follows:
No. -~/ Date ~-/~ 20. ~/
No. Date 20.__
No. Date 20
No. Date 20
No. Date 20 --
~¥resident
Subscribe and sworn to before me this//~'- day of ~
20 ot ....
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 ,~--~ / 20 ~31
No. Date 20..__
No. Date 20 __
No. Date 20
No. Date 20
~t~President
Subscribe and sworn to before me this ~ day of
~~~~p~ner
Nota~----~u~lic, ~t ~as
.~.
March 7, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 973
Request of Mario Victorino & Aha Liza Juguilon, owners 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:
5 acres, being the South ½ of Lot 50, Allison Riehey Gulf Coast Home Co. Subdivision, Section
19, H. T. & B. IL IL Co. survey, A-243, Brazoria Co., TX, according to the map or plat thereof
appearing in Vol. 2, pg 23-24, plat records of Brazoria Co., TX (1738 Stone Road (old addr~,s:
13418 Stone Road))
Honorable Mayor and Council Members:
At a regular meeting held on March 5, 2001, after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Richard Tetens and seconded by Commissioner Randy
Patro to recommend approval of Zoning Application No. 973.
Motion to approve passed 7 to 0.
This is submitted for your consideration~
H. Charles Viktorin, Chairman
Planning & Zoning Commission