Ord. 509-355 1999-11-08ORDINANCE NO. 509-355
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 10, CAS -CON ADDITION, SECTION 2,
ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 18, PAGE 200,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 759)
(5807 RAZA) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF ERNEST SANCHEZ JR, 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, Ernest Sanchez Jr., Owner, filed on February 19, 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 27th 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 5th 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 Ernest Sanchez Jr., Owner, 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
1
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 25, 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 Ernest Sanchez Jr., Owner, 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 10, Cas-Con Addition, Section 2, according to the map or plat recorded in volume
18, page 200, plat records of Brazoria County, Texas (5807 Raza)
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
Ill.
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. 509-355
PASSED, APPROVED, and ADOPTED on First Reading this 25th day of
October , 1999.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8th day
Of November
ATTEST:
UNG
TY RETARY
APPROVED AS TO FORM:
/t( Chie,1
DARRIN COKER
CITY ATTORNEY
, 1999.
TOM REID
MAYOR
4
October 5, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 759
Request of Ernest Sanchez, Jr., 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 10, Cas-Con Addition, Section 2, according to the map or plat recorded in Vol. 18, pg
200, plat records of Brazoria Co., TX (5807 Raza)
Honorable Mayor and Council Members:
At a regular meeting held on October 4, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Donald Glenn and seconded by Vice -Chairperson Tommy
Scott to recommend approval of Zone Change Application No. 759.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
)c4aAn. fi4k1D
Mary Starr
Planning & Zoning Chairperson
ID:
FEB 18'99 14:46 No.004 P.03
CITY OF PERkLAND
r'415c
Change In zoning OIAssffcation from _ a� 0
ID : 71.3-4b5^8764 Ftr P 16'' 9
CITY Ole lrkA[tt1.Ai►tU
ZONE CHANGE APPMAT11)N
ret'iaod 3/5/96
("bawl in Regulations in Section it ,
_ Specific Use for:
to:
11;53 o . t012 P.)2
Lot: I Q _ Gar, Subdivision;
Maas & BDescription. ounds Des —,... aA
.
(Iinr,IAtied property only; ottaoh eurvey)
Proposed use of lend within requested designation;
Record owner's name: r e 44
Owners matting addteas• r�r
Owner's telephone numbor: ea, \ (. j (3.
/gents name:
Agont's malting address:
Agent's telapttafe ntnnhrer;
Pb1I (IVN: As owner/agent, I hereby petition the City for approval of the above described requelit at
provided by the laws of Ma State of Texas end Ordinance') of the City or Pe,artand. 'On a Specific Use
Permit request to &Npw a residential u80 in a business zone (OP, NS, OB), I acknowledge that such use
may he Incompatible with currant end future usdb un properties in my vicinity,
Owner's signaturo,
Fees paid: $,
Received by.
Aponte signature:
r h to paid: ' . 7
Pllcatton nulnt r:
200'
COTTONWOOD DR
RAZA RD.
N II
Q
24
Y. 5807 RAZA
Q ROAD
ZONE SD
SD SUBURBAN DISTRICT
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
SD
Z
City of Roseland. Texas
ERNEST SANCHEZ. JR.
ZONE CHANGE
FROM
SD TO R-1
HORZ:1--200'
VDU :1
CAD FILE:
99-8100
SHEET
OF 1
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:
,ubscribe and sworn to before me this
as r triTImojs'`Pu'10I i
EXp r ,
re
N TICE OF -A. JOINT
PUBLIC `HEARING. OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
OF PEARLAND, TEXAS
COMMISSION OF' THE CITY
Notice is hereby given that On;
, the 27th day of September, 1
.- 1999, at 6:30 p.m., the City 1
Council and -the Planning and'.
Zoning Commission of the
City of Pearland, Brazoria and: .:
Harris Counties, Texas, will'
conduct —a Joint --Public.:
f ;'+ ..ILIe'aring in the Council
',Chambers, City Hall, 3519
4;.w
I Liberty Drive, Pearland,i
Texas,__on_ the, request cif°
; Ernest.Sanchez, Jr., owner;;
for an amendment to the Land:
Use and Urban' Development;
Ordinance of 'said City from'
Classification - Suburban;
"Development (SD) to Single
,. Family Dwelling District (R-1)
on the following described
property, to wit:
,:'Lot 10, section 2, Cas-Con
Acres addition, according "to;
the map or plat recorded in:
Vol. 18, pg. 200; plat records
of Brazoria,Co., TX (5807
*Riza Dr.)
At said hearing all interested
parties shall have the:right
'and opportunity to,appear and
be heard on the subject. -
Young, Lorfing
City Secretary— _-_
AP PITION NO. 759 r'
AFFIDAVIT.. OF PUBLICATION
e 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:
Subscribe and sworn to before me this
19
L r tJns;4P 15t er, •
Notary: Public, State of Texas :.:
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 27th day of .September,
1999, at 6:30 p.m., the City
' Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria and
Harris Counties, Texas, will
conduct a Joint Public
Hearing in the Council
•Chambers; City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
•- .Ernest -Sanchez, -Jr., -owner, ,,
.loran amendment to the Land ''
._-/Use and Urban Development
Ordinance of said City from
Classification Suburban
Development (SD) to Single
Family Dwelling District (R-1) ,
on the •following -described.
property, to wit:
Lot 10, section 2, Cas-Con' -
Acres addition, according to •
;the map or plat recorded in
Vol. 18„ pg. 200, plat records
of Brazoria Co., TX (5807
I, Raza Dr.)
jAt said hearing all interested
parties -shall have the right
and opportunity to appear and.
be heard on the subject.
YoungLorfing
City Secretary
•
I APPLICATION NO. 759 - -
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
November 19, 1999
erne 5- _nchc—z
Pock rl6ncl, -715s-4
Dear Property Owner:
On Ncvevy.ti->e .r 8, 9 , the City Council voted to approve Application No. 159
requesting the change of classification of certain real property from the classification of
5 b u cbctn 1`�.Q Ve-1cT rye nac- (SD) to S nnV-e rn L. `�v mil\ i tik0) CC.- 6Enclosed is a copy of Ordinance 509- 355J for your records.
Sincerely,
fotisciv 1115
Young Lorfing
City Secretary
Enclosure
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us