Ord. 509-520 05-14-01 ORDINANCE NO. 509-520
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OFTHE CITY OF PEARLAND, TEXAS, FOR
THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN
REAL PROPERTY LOCATION BEING .285 ACRES OF LAND IN LOT 26,
FIGLAND ORCHARD SUBDIVISION, SECTION 13, H. T. & B. R.R. CO.
SURVEY, A-240, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE
PLAT RECORDED IN VOLUME 3, PAGE 77, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 970)(FITE ROAD)
FROM CLASSIFICATION SUBURBAN DISTRICT (SD) TO SINGLE FAMILY
DISTRICT (R-3) AT THE REQUEST OF YOLANDA BEJARANO, AGENT
FOR JULIAN BEJARANO, 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, Yolanda Bejarano, agent for Julian Bejarano, Owner, filed on January
17, 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 2"~ of April, 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 3rd day of April, 2001, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-520
proposed amendment application by, Yolanda Bejarano, agent for Julian Bejarano, Owner,
whereby the Commission recommended and approved a change of classification for the
property described in Exhibit "A" from its existing classification of Suburban District (SD)
to Single Family Dwelling District (R-3); 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 May 14, 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 Yolanda Bejarano, agent for Julian Bejarano, 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 District (SD) to is hereby for all
purposes changed and reclassified as Single Family Dwelling District (R-3); such property
being more particularly described as:
.285 acres of land in Lot 26, Figland Orchard Subdivision, Section 13, H. T. & B.
R.R. Co. Survey, A-240, Brazoria County, Texas, according to the plat recorded in
Volume 3, page 77, plat records of Brazoria County, Texas (Fire Road)
2
ORDINANCE NO. 509-520
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.
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ORDINANCE NO. 509-520
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 ~4 day of
May ,2001.
TOM REID
MAYOR
ATTEST:
UN(~ ~ ~ '
4
ORDINANCE NO. 509-520
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ],4 day
of May ,2001,
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
~ Change in Zoning Classification from: 40]) tO:
__ Change in Regulations in Section ti:
Specific Use for: *
Property address: ~ I "~ ~- '-~004
Lot: aC Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
!
C=n, useofland:
Proposed use ofland within requested designation: ~ln-q }6xd 4~l'Yll } Ia~)
Record owner's name:-~LI IIg ~
Owner's mailins address: ~{Oa~ FI~L,~, "~, ~r'l~l'l.d -r~ '~}s8I
O,vner's telephone number: ~gl qg6 - Iq3ht
Agent's name: X/0 Ifllxd~
Agent's mailing address: ~oa~ ~l"~ N. P~OIFI~IM2[ -re
Agent's telephone number: ~'1 -14'~- 14'"'/q'-I
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
~atible with current and future uses on
80 17 18
_-~ ZONE R-2
VE
19
2O
77 ZONE SD
22
76 21
ZONE SD
zONE SD
34 51 30 COLMESNEIL SD
FITE RD.
I ~'~-'~ ZONE R-4
68 Gq 33 32 29 28 24
35 36
61
zONE SO 0.285 ACRE~
ZONE SD
58 37
60
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, 7 Date //- ..~ 20 D/
No. Date 20
No. Date 20
No. Date 20 __
No. Date 20
~;President
Subscribe and sworn to before me this -¢/ day of ~r~]
Not~-ry
ur~ity to
~Young Eon~ng ;:
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. Y Date 2- '7 20 O,-t~
No. Date 20,
No. Date 20
No. Date 20
No. Date 20 __
~ubscribe and sworn to before me this ~' day of ~
' ~'~ her
Notary Public, State o~as
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 __
~' ~:)res~dent
Subscribe and sworn to before me this //-~-' day of ~
~~~~5~1~1 her
Nota~ Public, State of Texas
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. 7 Date ~?- ~-/ 20 ~/
No. Date .20. __
No. Date 20 __
No. Date 20 __
No. Date 20 .--
~President
Subscribe and sworn to before me this 2_. 7.. day of ~
~ner
Nota~ Public, State ~xas
14 &
April 3, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 970
Request of Yolanda Bejarano, agent for Julian Bejarano, 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-3) on the following described property,
to wit:
.285 acres of land in Lot 26, Figland Orchard Subdivision, Section 13, H. T. & B. R.IL Co.
Survey, A-240, Brazoria Co., TX, according to the plat recorded in VoL 3, pg 77, plat records
of Brazoria Co., TX (Fire Road)
Honorable Mayor and Council Members:
At a regular meeting held on April 2, 2001, after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Randy Patro and seconded by Commissioner Todd Iocco
to recommend approval of Zoning Application No. 970.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
H. Charles Viktorin, Chairman
Planning & Zoning Commission