Ord. 509-343 10-25-99ORDINANCE NO. 509-343
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 LOT 5, BLOCK 6, HICKORY CREEK PLACE
SUBDIVISION, PART OF SECTION 7, H.T. & B.R.R. CO. SURVEY,
ACCORDING TO THE MAP RECORDED IN VOLUME 11, PAGES 1 & 2, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 756) (14001
GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF
ARMANDO AND EMILIA JIMINEZ, 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, Armando & Emilia Jiminez, Owners, filed on February 18, 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 13th of September, 1999, 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 23`d day of September, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Armando & Emilia Jiminez, Owners, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
1
"A" from its existing classification of Suburban Development District (SD) to Commercial
District (C); 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 October 11, 1999, 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 Armando & Emilia Jiminez, Owners, facts were 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:
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 Commercial District (C); such property being
more particularly described as:
Being Lot 5, Block 6, Hickory Creek Place Subdivision, part of Section 7, H.T. & B.R.R.
Co. Survey, according to the map recorded in volume 11, pages 1 & 2, plat records of
Brazoria County, Texas(14001 Garden 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.
2
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.
3
ORDINANCE NO. 509-343
L t
441
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 1999.
i (
c._ Th....74-1_, e, Q
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this f� day
of 0 CAI) YJ ex , 1999.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
TOM REID
MAYOR
ORDINANCE NO
509-343
September 23, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE NO. 756
Request of Armando and Emilia Jiminez, owners, for an amendment to the Land Use and
Urban Development Ordinance of said City from Classification Suburban Development
District (SD) to Commercial District (C) on the following described property, to wit:
Being Lot 5, Block 6, Hickory Creek Place subdivision, part of Section 7, H. T. & B. R. R.
Co. survey, according to the map recorded in Vol. 11, pgs 1 & 2, plat records of Brazoria
Co., TX (14001 Garden Road)
Honorable Mayor and Council Members:
At a regular meeting held on September 20, 1999, after the Joint Public Hearing, the Planning
and Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Donald
Glenn to recommend approval of Zone Change Application No. 756.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
AAA'
Mary Sthrr, Chairman
Planning & Zoning Commission
CITY OF PEARLAND
t ZONE CHANGE APPLICATION
revised 3/5/96
Change in Zoning
�:
Classification from: J) to: L/
Change in Regulations
in Section #:
Specific Use
for: *
Property address: I1�U D I
Lot: 5 Block: b
Subdivision:. p.�ae.
Metes & Bounds Description:
(unplatted property only; attach -survey)
-Tax t.D. number.
Proposed use of land within requested designation: (1�
AA -Lett-
Record owner's name: l-j--yry) 2 4_ Q cci,..„....„.
Owner's mailing address: t 5 9 p a- k 4.-,„s?_ -
Owner's telephone number: 4 L 1 4 g S_ 5 .3 4 5
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 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 urrent and future uses on properties in my vicinity.
Owner's signature- ' je�
Agent's signature:
Fees paid: $
Date paid: D 2r 4 q4
Received b
Application number: 751p
C COMMERCIAL DISTRICT
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
City of Pea/land, Texas
ARMANDO a EMLIA JIIEZ
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
dandy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
culation in Brazoria and Harris Counties, for
( issues, as follows:
No. 1 Date 4eac
19 /-'7
No Date 19
No. Date 19
No. Date 19
No. Date 19
Dscribe and sworn to before me this Z-I
Public, State of Texas
L
Joi
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
OMMISSION OF THE CITY
PEARLANO,.TEXAS
is hereby given that on
e 13th day of September,
999, at 6:30 p.m., the City
uncil and the Planning and
oning Commission of the
ity of Peadand, Brenda and
arris Counties, Texas, will
nduct a Joint Public
earing in the Council
hambers, City Hall, 3519
ibertyDrive, Pearland,
exas, on the request of
rmando & Emilia C.
imenez, owner, for an
to the Land Use
nd . Urban Development
rdinance of said City from
lassificaton Suburban
evelopment (SD) _ to
rcial District (C) on the
ollowing described property,
wit
dot 54811a,,0;e
Place sub ion, pert
sect. 7, HT& E RR Co. sur-
ey, according to the map
rded in Vol11 pgs,--1 &
prat records of Brazoria
T)9(14001 Garden Road)
said hearing all interested
rties shall have the right
opportunity to appear and
heard on the subject.
oung Lorfing
i
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
of Texas
)ria and Harris Counties
idy Emmons, hereby certify that the notice hereby appended was published
tzoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
ation in Brazoria and Harris Counties, for /
issues, as follows:
No.
Vo_
Vo.
'lo.
'Jo.
Date
19 `% 1
Date .19
Date 19
Date 19
Date 19
The and sworn to before me this
7
President
day of
PpV ` / �.rl _ C
�f t� r y T. Y.
! 77. commission
[xp.res 9-_v2
i a . :.:Ca... ,
lisher
exas
1
A oINT
— OF THE
IUNCIL AND THE
AND°'ZONING
OF Tin ,CITY
PEARLAND, TEXAS
Is hereby given that on
e 13th day of September,
9, at 6:30:,p,m,,,-the City
nod and the Plarg and
ning Commission of the
of Peatklnd, Brakoria and
's Counties, Texas, wilt'
nduct a Joint Public
aring in the Council
mbers, City Hall, 3519
berty Drive, Peartand,
xas.,on the request of
rsando & Emilia C.
menei, owner, for an
to the Land Use
nd Urban Development
rdinance of said City from
lassification Suburban
evelopment (SD) to
District C) on the
Bowing described propedyi
wit
ing lot 5 Bik. 6,`Hickory
Place subdivision, pan
sect. 7, HT& B RR Co. sur-
y, according to the map
recorded in Vol. 11, pgs. 1 &
plat records of Brazoria
Co., TX (14001 Garden Road)
At said hearing all ksterested
parties shall have the right
and opportunity to appear and
be heard mi. **subject.
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
December 3, 1999
Armando & Emilia Jiminez
5902 Marsha Lane
Pearland, Texas 77584
Dear Mr. & Mrs. Jiminez:
On October 25, 1999, the City Council voted to approve Application No. 756 requesting
the change of classification of certain real property from the classification of Suburban
Development District (SD) to Commercial District (C).
Enclosed is a copy of Ordinance 509-343 for your records.
Sincerely,
x0/14-047''
Young Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us