Ord. 509-584 05-13-02ORDINANCE NO. 509-584
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 2.573 ACRES, BEING THE NORTH
1~ OF LOT 25, RECORDED IN VOLUME 306, PAGE 379, DEED RECORDS
OF BRAZORIA COUNTY, TEXAS, ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION, H.T.& B.R.R. COMPANY SURVEY, A-219,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1031) (O'DAY ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF
CAROLINA HERNANDEZ, 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, Carolina Hernandez, Owner, filed on February 19, 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 8th of April, 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 9th day of April, 2002, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Carolina Hernandez, Owner, whereby the
ORDINANCE NO. 509-584
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 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 April 22, 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 Carolina Hernandez, 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:
2.573 acres, being the North ~ of Lot 25, recorded in Volume 306, page 379, deed
records of Brazoria County, Texas, Allison Richey Gulf Coast Home Company
Subdivision, H.T.& B.R.R. Company Survey, A-219, Brazoria County, Texas (O'Day
Road)
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ORDINANCE NO. 509-584
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.
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. 509-584
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
Apri 1 ,2002.
22 day of
TOM REID
MAYOR
ATTEST:
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ORDINANCE NO. 509-584
PASSED, APPROVED, and ADOPTED on Second and Final Reading this ].3 day
of Hay ,2002.
TOM REID
MAYOR
ATTEST:
_,y sE~/:IETARY f./
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
,/
CITY.OF PEAR.LAND '
ZONE C~GE APPLICATION
Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for: *
Property address:
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number:
Current use of land:
Proposed use of land:
Record owner's name:
Own.er's mailing address:
Owner's telephone number:
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 curre,~t~r I future uses o~ properties in my vicinity.
Received
by:
Zone Change Application No. 1031 N
Carolina Hemadez w.~ ~
O'Day Road~' E
(SD-RE) s
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Randy Emmons, hereby certify that the notice hereby appended was published
'n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
3irculation in Brazoria, Harris & Galveston Counties, for. // issues, as follows:
NO. -// Date ~- .~ -~- '20,¢7
No. Date - 20 .
No. Date ':: 20., '
No. Date 20 __
No. Date 20 ~
President
.~ubscribe and sworn to before me this
:0
Application No. 1030
Published March 20 &
March 27,~ :
NOTICE OF A JOINT
,U,UC,F. Am, OF
THEC~ COUNCIL AND
THE PLANinG l~ND
OFTHE ClTYOF
PEARLAND,,.TEXAS
Notice is hereby given, that
on the 8thdaY oi April
.~at 6:80 Pim;, ~the City
COunCil and the Piannirtg
and z n ,g com;iss on of
the C~Y. ot ~earland
BBrazoria, Harrlaiand ;Fort
LibertYD~iVP~ P:~r!and,
TexaS, =n {[~a:~e~uest of
prav~n 'Peri;: 'ig~nt fOr
PraVin :an~' Ja{]d, libbhel
Patel, owner, tor an amend-
merit to the Land Use and
Urban Deve!o~t
Ow$illng DiStriCt (R 1)to
Neighborhood s~rvi~es
District (N,S):on the follow,
lng described propertY;
wit: .
LOtS .12;.i5; BlOCk
Colo, nlal Estates Subdivi-
sioh; iBraZOHa,
rigl~t'and opportBnlty to
~pear and be~he~rd~ the
Subject.
-:~nator
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!, 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, as follows:
No. / Date , ¢' '¢-? 20 CZ..-
No. Date ~ 20 __
No. Date '"": 20 , '
No. Date 20 __
No. Date 20 ~
¢'President
~ubscribe and sworn to before me this
~.0
day of ~
~,~:~::~s~,~~/Cnn Emmons, Publisher - -------. %:-.-_-Public, State 0f Texas
Application No. 1030
Published March20 & March
27, 2002
No'neE OF A:JOIm'
PUBLIC.I'IEARINGOF!'HE
C~*COUNCIL AND THE
PLANNING AND
ZONING COMMISSION
OF THE CITY OF
PEARLAND, TEXAS
Notice is hereby given that on
the 8th day of April, 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 J0'!~[
Public Hearing in the Council
Chambers, City Ha11,13~.19
L berry. Drive', Peal!~!d,
Texas, on the r~q~:~'t of
Pravin patel~:~e~l~r Pravin
and Jagdishbhai Patel,
owner, 10~ eni:amendment to
the La~';d t~a~n~!~u rban
Development Ordinance ot
said City from ClaSsification
Single Family D~elling
District (R-l) to Neighborhood
Services D!strict (NS)~on the.
follOWing described' property,
to wit:
Lots 12-15, .Block 2, Colonial
Estates Subdivi-sion, Brazona
Co,, TX (3610 McLean)
At sa d hearing al interested
parties shall'haVe/~
April 9, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Ret
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1031
Request of Carolina Hernandez, owner for an amendment to the Land Use and Urban
Development Ordinance from classification Suburban Development District (SD) to Single
Family Dwelling District (RE) on the following described property, to wit:
2.5738 acres, being the North ½ of Lot 25, recorded in Volume 306, page 379, deed records of
Brazoria Co., TX, Allison Richey Gulf Coast Home Co. Subdivision, H. T. & B. R.R. Co. survey, A-
219, Brazoria Co., TX (O'Day Road)
Honorable Mayor and Council Members:
At a regular meeting held on April 8, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above-mentioned request.
Commissioner Robert Scherrer made a motion to forward Zoning Application No. 1031 to City
Council for approval. Commissioner Kevin McDonald seconded the motion.
Motion to approve passed 5 to O.
This is submitted for your consideration.
Sincerely,
H. Charles Viktorin, Chairman ' - It
Planning & Zoning Commission
HCV/jmg
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