Ord. 509-346 1999-10-25ORDINANCE NO. 509-346
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 2, BLOCK 8, HICKORY CREEK PLACE
SUBDIVISION, H.T. & B.R.R. CO. SURVEY, SECTION 7, A-219, ACCORDING
TO THE MAP OR PLAT RECORDED IN VOLUME 11, PAGE 1, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 755) (5902
MARSHA LANE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF ARMANDO AND EMILIO JIMENEZ, 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 and Emilio Jimenez, 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 and Emilio Jimenez, 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 Single Family
Dwelling District (R-1); 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 and Emilio Jimenez, 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 Single Family Dwelling District (R-1); such
property being more particularly described as:
Lot 2, Block 8, Hickory Creek Place Subdivision, H.T. & B.R.R. Co. Survey, Section 7,
A-219, according to the map or plat recorded in volume 11, pagel , plat records of
Brazoria County, Texas (5902 Marsha Lane)
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. 509-346
411
PASSED, APPROVED, and ADOPTED on First Reading this . day of
OG-I-o be,v
ATTEST:
, 1999.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ,f)5 friday
of (c+o beX , 1999.
ATTEST:
APPROVED AS TO FORM:
arL-
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
4
ORDINANCE NO
509-346
September 23, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE NO. 755
Request of Armando and Emilio Jimenez, owner, for an amendment to the Land Use and
Urban Development Ordinance of said City from Classification Suburban Development
District (SD) to Single Family Dwelling District (R-1) on the following described property,
to wit:
Lot 2, Block 8, Hickory Creek Place subdivision, H. T. & B. R.R. Co. survey, Section 7, A-
219, according to the map or plat recorded in Vol. 11, pgs 1, plat records of Brazoria Co.,
TX (5902 Marsha Lane)
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 Vice -Chairperson Tommy Scott and seconded by Commissioner Todd
Iocco to recommend approval of Zone Change Application No. 755.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
Change in Zoning Classification from: F to: - 1
Change in Regulations in Section #:
Specific Use for: *
Property address: 1- \fY\ Gi✓ st- (I1.QX1L do -or)
Lot: Block:
Subdivision: H 1 c hl.e k C , K pkil e_Q__
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name: �� �� ��
Owner's mailing address: c- p a- vie a_-i,L � p
Qa ,(/ � 9 7 6 e t
Owner's telephone number: c g % — )1 g 5 - ce ,_ '7
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 ent and future uses on properties in my vicinity.
Owner's si natur
9,,.� �,
Agent's signature: MO
Fees paid: $
Date paid: 0 2r
Received b
Application number: �c5
C�
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
City of Peariand, Texas
ARMANDO a EMUA JIMENEZ
ZONE CHANGE
FROM
SD TO R-1
HORZ:1 %.200'
CAD Hii:
99-8113
SHEET
OF1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
candy 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 j Date 02C 19
No Date
No. Date 19
No Date 19
No. Date 19
bscribe and sworn to before me this 2-1 day of
19
z
Notary Public, State of Texas
><st�7lili�#
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS • •
Notice is hereby given that on
%the 13th day of September,
11999, at6:30 p.m., the City
Council and the Planning and
Zoning Commission of the
City of Peartand, Brazoria and
Harris,Counties, Texas, will
' conduct a • Joint Public
Hearing in th'e Council '
Chambers, City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request -of '
Emilia & Armando Jimenez,
owner,- for an amendment to
the Land Use and Urban
Development Ordinanceof
said City from Classification
Suburban Development (SD).
to Single Family Dwelling
.District (R-1) on the following
described property, to -wit:
Lot-2, Blk. 8, Hickory Creek
Place subdivision, HT& B RR
Co.survey, sect 7, A-219,
Imap or plat recorded in Vol. 1
1,' pg•1, plat records. of
3razoria Co., TX
t said hearing all interested
arties shall have the right
and opportunity to appear and
I be heard on the subject. •
ilYoung _Lofting
\Clty Secretary
i pPPLICATIONNNNO.j55..
AFFIDAVIT OF -PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
Texas
and Harris Counties -
Emmons, hereby certify that the notice hereby appended was published
ria and Harris Counties in THE REPORTER NEWS, a newspaper of general
)n in-Brazoria and Harris Counties, for
>e and sworn to before me this
issues, as follows:
President
�r«w :r`'F ' c 1 G�KBS
Cornvszion Expires $-S-32 at
-.3
/
NOTICE OF A JOINT
`
' ..
cnvpmumCIc*moTHa
.^.~~.~~~.~
'
_MMISS16N OF THE CITY -
OF PE I
_ARLAND TEXAS
Notice ishereby
the f3th day of September
1999 -at V:��m:.,thm,dit
Council and the Planning and -
Zoning Commiaoionof, the
Pity of Peadund, Brazoria and
Honis'CmunU*.Texo ^xNi, '
'
conduct a Joint Public,.
Hearing in the Council'
Chambers, City Hall, .3519'
!
Liberty ""=. ,="=".
Texas -on the request o|,Emilia,,& Armando Jimenez,
�
owner,amendment-toan _'-.
,bevelo pment Ordinance of.
.-the' Land Use and Urban,
sum City from Classification
-Development, (SD)
.
,to Single Family Dwelling -
ps'=p`/=the
following
described property, to Wit
Lot �Blk. 8, Hickory Creek
Place subdivision, ".&"""
co sect 7(A-219; �
Brazotia,Co., TX
At said hearing all interested
parties -shall have the righi
and opportunity to appear and �
/boheard nplhnuubje�'` '
, `
QtyGocretary
APPLICATION NO.755
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
December 3, 1999
Armando & Emilia Jimenez
5902 Marsha Lane
Pearland, Texas 77581
Dear Mr. & Mrs. Jimenez:
On October 25, 1999, the City Council voted to approve Application No. 755 requesting
the change .of classification of certain real property from the classification of Suburban
Development District (SD) to Single Family Dwelling District (R-1).
Enclosed is a copy of Ordinance 509-346 for your records.
Sincerely,
/12,544
Young Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us