Ord. 509-543 11-12-01 ORDINANCE NO. 509-543
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 LOT 70, FIGLAND ORCHARD
SUBDIVISION NO. 1, RECORDED IN VOLUME 3, PAGE 77, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 995)
(5902 FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE
REQUEST OF LUIS R. RAMOS, 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, Luis R. Ramos, Owner, filed on September 4, 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 8th of October, 2001, a Joint Public Hearing was held before the
Planning and Zoning Commission and the City Council of the City of Peadand, 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 9th day of October, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Luis R. Ramos, Owner, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
1
ORDINANCE NO. 509-543
"A" from its existing classification of Suburban Development District (SD) to Estate Lot
Single Family Dwelling District (RE); 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 22, 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 Luis R. Ramos, 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 Development District (SD) is
hereby for all purposes changed and reclassified as Estate Lot single Family Dwelling
District (RE); such property being more particularly described as:
Lot 70, Figland Orchard Subdivision No. 1, recorded in Volume 3, Page 77, plat
records of Brazoria County, Texas (5902 Fite Road)
I1.
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
2
ORDINANCE NO. 509-543
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 3owers.
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.
3
ORDINANCE NO. 509-543
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 22 day of
October ,2001.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12 day
of November .2001.
TOM REID
ATTEST: MAYOR
/~ S E{~E-t~RY'
4
ORDINANCE NO. 509-543
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
Change in Zoning Classification from: to:
. Change in Regulations in Section #:
~ Specific Use for: * :Sin e~wt f
Lot: VD Block: ~"~O0 I Subdivision:~]e~[
vletes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: ~"-2~ '7 o~' z~ ~' ~ 7
Current use of land: ~/~ ~-- C e~ ~ d~
Proposed use of land within requested designation: ~ ~ ~
Owner's telephone number: 72 3 ~ ~'~ e~ ~ ~/~,
Agent's name: _~__~-~,
Agent's mailing address:___~,
Agent's telephone number: ~fk
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.
ReceivedbyFeespaid: $: ~ ~ Applicati~nnumber: (~ -
SD
GB
ZONING APPLICATION NO. 995
area zoning map ,~,
Luis Ramos
5902 Fire Road ,'
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
tate of Texas
ialveston and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
rculation in Galveston, Harris and Brazoria Counties, for / issues, as follows:
No, I Date ~- J~ 20 ~)!
No, Date 20
'No. Date 20
No, Date 20__
No, Date .20
rubscribe and sworn to before me this ~o day of ~
.issio~ ' 2
~7~BlJsher
Nota~ Public, State of Texas
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter NewS
P.O. Box 954
Friendswood, Texas 77546
itate of Texas
~alveston and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
irculation in Galveston, Harris and Brazoria Counties, for / _jssues; as follows:
No. 1 Date ~- g.6, 20 ~/ ~
No. Date :2:0
No. Date 2.0.
No. Date 20.__
No. Date 20 --
iubscribe and sworn to before me this gq day of ~
C ission ' )2~
' , ~"~bhsher.
Notary Public, State of Texas
October 9, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO TItE CITY COUNCIL ON ZONING APPLICATION
NO. 995
Request of Lnis R. Ramos, owner for an amendment to the Land Use and Urban Development
Ordinance of said City from Subnrban Development District (SD) to Single Family Dwelling
District (RE) on the following described property, to wit:
Lot 70, Figland Orchard Subdivision No. 1, recorded in Vol. 3, pg 77, plat records of Brazoria
Co., TX (5902 Fire Road
Honorable Mayor and Council Members:
At a regular meeting held on October 8, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Robert Scherrer and seconded by Vice-Chairman Donald
Glenn to forward Zoning Application No. 995 to City Council for approval.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
H. Charles Viktorin, Chairman
Planning & Zoning Commission