Ord. 509-569 02-25-02ORDINANCE NO. 509-569
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 .76 ACRES OF LAND SITUATED IN
A 10 ACRE TRACT OF LAND IN THE SOUTH 1/2 OF THE NORTHEAST 1/a
OF THE SOUTHEAST 1/ OF THE G.C. SMITH SURVEY, SECTION 16, A-
546, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1021)(6033
SHARONDALE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST
OF HECTOR L. & ELVIA M. GUERRERO, 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, Hector L. & Elvia M. Guerrero, Owners, filed on January 11, 2002, 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 11th of February, 2002, 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 12th day of February, 2002, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
1
ORDINANCE NO. 509-569
regarding the proposed amendment application by, Hector L. & Elvia M. Guerrero, Owners,
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 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 February 25, 2002, 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 Hector L. & Elvia M. Guerrero, Owners, 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:
.76 acres of land situated in a 10 acre tract of land in the south'h of the northeast
'/a of the southeast IA of the G.C. Smith Survey, Section 16, a-546, Brazoria County,
Texas (6033 Sharondale)
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ORDINANCE NO. 509-569
IL
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.
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.
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ORDINANCE NO. 509-569
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.
PASSED, APPROVED, and ADOPTED on First Reading this 25 day of
February , 2002.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-569
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11 day
of March , 2002.
ATTEST:
UNG
Y S'' RETAR
APPROVED AS TO FORM:
h�
D RRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
CITY OF PEARLAND
ZONE CHANGE APPLICATION ,
revised 5/9/00
/
Change in Zoning Classification from: -S b to: R 1
Change in Regulations in Section #:
Specific Use for: *
Property address: to o 3 5 ttA 2ON pA 1e , ?e-A &Amp T 1t 7 7 5 F i
Lot: 7 Block: pA - `I b
Subdivision: SN Aizo Al DALE -
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: • I ay. ,cG : -1 S 5 3 - O oa 2 - o o o
Current use of land:
Proposed use of land within requested designation: o ,-.1 q
Record ownees name: .\--\eCt-pf L• ile✓rero ctrxc) E(\1:0. (li, Cue( rer0
Owner's mailing address: 3 Li 1 3 C-,1, q S4•-c
rti 60 ^ I
Dr, i ?ear 14nc) Tl 71 5 ? i
Owner's telephone number: a 2 i- `I' 5- 6). q 9
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 current and future uses on properties in my vicinity. .
Owner's signature: 0� i 0 /
` gent's signature:
via
Fees paid: $ b50 0 is l Q.
Date paid:
Received by: ����� '���
number:
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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, Harris & Galveston Counties, for / issues,=asollows:
No. / Date 1-- 20 O?
No Date - 20
No. Date 20
No. Date 20
No. Date 20
President
Subscribe and sworn to before me this day of
?0 D2-
'`� LA : a Laura Ann Emmons, Publisher
ryF1bEc:,`}
oK�+� i•� 0r 1L�. t
'+ Commission EXp 09 9_3 02� '
-r. Notary Public, State of Texas
Application No.1021
Published Jan. 23 & Jan. 30,
2002
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 .
the 11th"day of •
2002, at 6:30 p.
Council and the P
Zoning Commissi
City of Pearland,
Harris and; Fort S
Counties, Texas, will
a Joint Public Hearin., c
Council Chambers, C
3519 Liberty Drive, Pe
Texas, on, the reque
Hector and Elvia Guer
owner, for an amendme
the Land Use and Ur
Development Ordinance
said City from Classificati
Suburban ` Development
District (SD) to Single Family
Dwelling District (R•1) on the
following described property,
to wh:
.76 acres of land situated in a
10 acre troce#
South 1/2 oft*
of the Southeast 1
Q. Smith Survey, s
A-546, Brawl
(6033 Sharers
At said hearingall interested
parties shall have the right
and -opportunity:: to appear and
be heard on the subject.
Is/ Mona Ann Phipps
Development Coordinator
APPUCATION NO. 1021
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
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
irculation in Brazoria, Harris & Galveston Counties, for / issues, es.follows:
No. / Date / 20 OL
No Date - 20
No. Date 20
No. Date 20
No. Date
subscribe and sworn to before me this
0 b )—
"L
3' 'oaf = `A ComLaura Ann Emmons,Publisher
:El . !`ect-(y Fu i.c, E:'ze e` a E'
lni3Exp
res—c2 { xas
Notary Public, State of Texas
20
4 g„/„,...__
President
day o
Application No. 1021
Published Jan. 23 & Jan. 30,
2002
NOTICE OF A JOINT
PUBUC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby, given that on
the llth day of February,
2002, at 6:30 p.m., the City
Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria,'
Harris and Fort Bend
Counties, Texas, will conduct
a Joint Public Hearing, in the
Council Chambers, City Hall,
3519 LibertyDrive, Pearland,
Texas, on the request of
Hector and Elvia Guerrero,
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::
.76 acres of land situated in a
10 acre tract of land in the
South 1/2 of the Northeast 1/4
of the Southeast 1/4 of the G.
C. Smith Survey, Section 16,
A=546, Brazoria Co., TX
(6033'Sharondale)
At saidhearing all interested
parties shall have the right
opportunity to appear and
hard on the subject;;
Development Coordinator'
APPLICATION NO. 1021
February 12, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1021
Request of Hector L. & Elvia M. Guerrero, owner for an amendment to the Land Use and
Urban Development Ordinance from classification Suburban Development District (SD) to
Single Family Dwelling District (R-1) on the following described property, to wit:
.76 acres ofland situated in a 10 acre tract ofland in the South l of the Northeast 1/4 of the Southeast
1/4 of the G.C. Smith Survey, Section 16, A-546, Brazoria Co., TX (6033 Sharondale)
Honorable Mayor and Council Members:
At a regular meeting held on February 11, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Robert Scherrer to forward Zoning Application No. 1021
to City Council for approval with a second made by Commissioner Kevin McDonald.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
H. Charles Viktorin, Chairman
Planning & Zoning Commission
HCV/jmg
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