Ord. 509-349 1999-10-25ORDINANCE NO. 509-349
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 0.720 ACRES, MORE OR LESS OUT OF LOTS
1 & 2, BLOCK 2, GARDEN ACRES SUBDIVISION, SECTION 2, H.T. & B.R.R.
CO. SURVEY, SECTION 7, A-219, ACCORDING TO THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 771) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF MARCUS A. &
SOPHIA B. HERNANDEZ, 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, Marcus A. & Sophia B. Hernandez, Owners, filed on August 29, 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 8th day of October, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Marcus A. & Sophia B. Hernandez, Owners, whereby the
Commission recommended and approved a change of classification for the property described
1
in Exhibit "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 Marcus A. & Sophia B. Hernandez, 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:
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-1); such
property being more particularly described as:
Being 0.720 acres, more or less out of Lots 1 & 2, Block 2, Garden Acres Subdivision,
Section 2, H.T. & B.R.R. Co. Survey, Section 7, A-219, according to the plat records of
Brazoria County, Texas
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.
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ORDINANCE NO. 509-349
PASSED, APPROVED, and ADOPTED on First Reading this +k day of
Orko beX , 1999.
TOM REID
MAYOR
ATTEST:
NG L!J N
Y SE" ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of Ocyk-0 bi2Ar-
ATTEST:
APPROVED AS TO FORM:
DARRIN COKEROa&
CITY ATTORNEY
, 1999.
T F ID
MAYOR
4
October 8, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 771
Request of Marcus A. and Sophia B. Hernandez, 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:
Being 0.720 acres, more or less out of Lots 1 & 2, Block 2, Garden Acres subdivision,
Section 2, H. T. & B. R.R. Co. survey, Section 7, A-219, according to the plat records of
Brazoria Co., TX
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. 771.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary St
Planning & Zoning Chairperson
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for: *
to:
e
Property address:
Lot:
IA_
Block:
2
Subdivision: C, aR._ t1
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation: 0:2 i tc. Le_-. y
Record owner's name: M C us /1. .
Owner's mailing address: 7 ZS F M. lot Sci 60 ( ; xx Z -0 34
Owner's telephone number: (Z st) C) LZ --71 3 5
Agent's name:
Hc.
Agent's mailing address: 0 CA
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 current and future uses on properties in my vicinity.
Owner's signa
Agent's signature:
Date paid: S --a9 C1 c
Application number:
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
C COMMERCIAL DISTRICT
Ur
r.
City of Pearand, Texas
MARCUS & SOPHIA HERNANDEZ
ZONE CHANGE
FROM
SD TO R-1
Hone:1 •-200.
VERT •1'
SHEET
GO Fib,.
ae-8123
OF1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
Randy 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, asfollows:
No. % Date 02C
19 /5
No. Date
No. Date 19
No. Date 19
No. Date 19
19
oscribe and sworn tobefore me this al
411
ICE OFF
�P
UBLIC.HEARING OF THE
CITY COUNCIL AND THE
IPLANNING.AND,ZONING
➢COMMISSION OF THE CITY
'OF PEARLAND, TEXAS .'
Noticele hereby given that on
the.l3th day of September,
1999, at 6:30 p.m., the City
d.Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria and
(Harris Counties, Texas, will
conduct a Joint 'Publici
Hearing in the: Council i
Chambers, City Hall, 3519 _
Liberty Drive, .Pearland,-
I Texas, on the request of.
I Marcus A. & Sophia B..
Hernandez, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City, from .j
Classification Suburban
Development (SD) to Single
Family Dwelling District (R-1)
on the following described
property, to wit: •
•liBeing 0.720 ac., more or less,
gout of lots 1. & 2, Blk: 2, •
Garden Acres subdivision,
sect. 2, HT& B s9R Co.
vey' sur-
, sect.7, A-21 9, plat
ecords of Brazoria Co.,.TX
At said hearing allinterested
parties shall have the right
and opportunity to appear and,
be heard on the subject.
Young Lorfing
City Secretary
PPL-ICA,TION N0.771 _ s
on in Brazoria and Harris Counties, for
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
% issues, as follows:
Date 19
Date: .:� :.19..
Date 1g
Date 19
Date
)e and sworn to before me this
far,:Arr�_;r;.o'�'•lisher.
ex•8s
Cornrr,�ss;on Expires 9-9 A
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,
1999, at 6i30 p.M., the City
Council and the Planning and
oning Commission of the.
ity of Pearland, Brazoria and
arris Counties, Texas, will
nduct a Joint Public
aring in the Council
LEGALS •
Chambers, City Hall, 3519
iberty Drive, Pearland,
'Texas, on the request of
'Marcus A. & Sophia B.
Hernandez, owner, for an
amendment to the Land Use
N and Urban D,eVelopment
Ordinance of said City from
Classification Suburban
Development (SD) to Single
. , Family Dwelling District (R-1)
'VI on the following described
44):' property, to wit
Being 0.720 ac.,,more or less,
out of lots 1 & 2, Blk. 2,
Garden Acres subdivision,
sect. 2, HT& B s9R Co. sur-
vey, sect.7, A-219, plat
records of Brazoria Co., TX
At said hearing all interested
parties shall hmie the right
and opportunity to appear and
be heard on the subject.
Young Lorfing
,t City Secretary
;'
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
December 3, 1999
Marcus A. & Sophia B. Hernandez
725 F.M. 1959 #601
Houston, Texas 77034
Dear Mr. & Mrs. Hernandez:
On October 25, 1999, the City Council voted to approve. Application No. 771 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 509-349 for your records.
Sincerely,
qati9_
Young Lorfing
City Secretary
Enclosure
Mst
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.d.pearland.bc.us