Ord. 509-623 01-27-03ORDINANCE NO. 509-623
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 THE NORTH 80 FEET OF LOT 1 AND LOT 12,
BLOCK G, PEARLAND TOWNSITE, ACCORDING TO THE MAP OR PLAT
RECORDED IN VOLUME 29, PAGE 41, OF THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS (SPECIFIC USE APPLICATION NO. 120)(
ORANGE STREET, BETWEEN GRAND AVENUE AND PARK AVENUE) FROM
CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO GENERAL
BUSINESS DISTRICT (GB)- SPECIFIC USE (GB(S)) FOR A TWO-FAMILY
DWELLING DUPLEX ON EACH LOT WITH THE STIPULATIONS THAT ALL
BUILDING REQUIREMENTS FOR THE CITY OF PEARLAND ARE MET AND
IF CONSTRUCTION IS NOT STARTED WITHIN TWO YEARS OF RECEIVING
THIS SPECIFIC USE PERMIT BY CITY COUNCIL THEN THE SPECIFIC USE
PERMIT WOULD EXPIRE AT THE REQUEST OF SAENZ DEVELOPMENT,
AGENT FOR TOMMY S. DAWSON, 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, Saenz Development, Agent for Tommy S. Dawson, Owner, filed on October
23, 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 18th of November, 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 19th day of November, 2002, the Planning and Zoning Commission
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ORDINANCE NO. 509-623
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Saenz Development, Agent for Tommy S. Dawson, Owner,
whereby the Commission recommended and denied a change of classification for the property
described in Exhibit "A" from its existing classification of General Business District (GB) to
General Business District (GB)- Specific Use (GB(S)) for a two-family dwelling (duplex) on
each lot with the stipulations that all building requirements for the City of Pearland are met and
if construction is not started within two years of receiving this Specific Use Permit by City
Council then the Specific Use Permit would expire and;
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and considered the recommendation of the Planning
and Zoning Commission, at a regular meeting on December 9, 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 Saenz Development, Agent for Tommy S. Dawson, 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:
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as General Business District (GB) is hereby for all
purposes changed and reclassified as General Business District - Specific Use (GB(S)) for a
two-family dwelling (duplex) on each lot with the stipulations that all building requirements for
the City of Pearland are met and if construction is not started within two years of receiving this
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ORDINANCE NO. 509-623
Specific Use Permit by City Council then the Specific Use Permit would expire; such property
being more particularly described as:
Being the north 80 feet of Lot 1 and Lot 12, Block G, Pearland Townsite, according to
the map or plat recorded in Volume 29, Page 41, of the deed records of Brazoria
County, Texas ( Orange Street, between Grand Avenue and Park Avenue)
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.
3
ORDINANCE NO. 509-623
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.
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of
December , 2002.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-623
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th day of
January , 2003.
ATTEST:
APPROVED AS TO FORM:
40.L',1(
DA IN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
Please check one:
C
APPLICATION FOR
A CHANGE IN ZONING
Change in Zoning Classification from:0)(\Q CC6 \ Aess to:
(list current zoning)
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
(list propos d zoning)
Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: CC,. e.`' �\e,eeka7%.\-� \A ,OsrGY'C\-V )
Subdivision: Lot: $ \a Block: 6
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): 1VM.. ,
Proposed use of property: YYv\
PROPERTY OWNER INFORMATION:
NAME \. C`CVY\Yll . be,t.SC7�
ADDRESS L\%(i,:11 `� . GX-CAY C.,
0.r-
CITY �C�\OSr`C\ STATE ZIP
PHONE( a�6\ ) t\%b V-)
FAX(
E-MAIL ADDRESS
`y1ST
S
APPLICANT/AGENT INFORMATION: A 6u.+c-eler_j
NAME ��C.��Y\7. he 401;)
ADDRESS ,)eta r
CITY eck\--\_AhC, STATE ZIP `1'TS'
PHONE( S -\ )
FAX( a('\ ) - �L L\\
E-MAIL ADDRESS GACVSC eN\,W Ok ,COrr .
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature: c�,�T�z v,
Date: \CD\ c)C(`da
Agent's Signature: s� C SC Date: n'M\Ca,
DATE PAID: /0/023)0a�
OFFICE USE ONLY: �7 va
FEES PAID: /5
RECEIVED BY: -Z
t_
APPLICATION NO.
Specific Use Application No. 120
Tommy S. Dawson/Saenz Development
Orange Street, between Park Ave. and Grand Blvd.
(GB - GB(S))
0 200
11111
400 Feet
Specific Use Application No. 120
Tommy S. Dawson/Saenz Development
Orange Street, between Park Ave. and Grand Blvd.
(GB - GB(S))
W E
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
.
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for / issues, as follows:
No / Date o G 3 20 A -z_
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this 3 1 day of
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Specific Use Application No. 120
Pub. 10/30 & 11/6/02
Published Oct. 30 & Nov. 6,
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 given that on
the 18th day of November,
2002, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will oonduct
a joint public hearing in the
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Saenz
Development, LLC, agent for
Tommy S. Dawson, owner,
for an amendment to the
Land Use . and Urban
Development Ordinance of
said City from Classification
General Business District
(GB) to General Business
District - Specific Use
(GB(S)), for a two-family
dwelling (duplex), on the fol-
lowing described property, to
wit:
Being the north 80 feet of Lot
1 and Lot 12, Block G,
Pearland Townsite, according
to the map or plat recorded in
Volume 29, Page 41, of the
deed records of Brazoria
County, Texas (Orange
Street, between Grand
Avenue and Park Avenue)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
SPECIFIC USE PERMIT
APPLICATION NO. 120
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, as follows:
No / Date /A 20 t -
No. Date '20
No. Date
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 02-
'20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
President
day o
Laura Ann Emmons, Publisher
Public Hearing - Specific Use Application No. 120
Pub. 10/30 & 11/6/02
Notary Public, State of Texas
Published Oct. 30 & Nov. 6
2002
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL NO THE
PLANNING AND ZONING
COMPASSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that or
the 18th day of November
2002, at 6:30 p.m., the ;City
Council and Planning anc
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct
a joint public hearing in the
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Saenz
Development, LLC, agent for
.. Tommy S. Dawson, owner,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City from Classification
Ce[feral Business District
(GB) tore nt s.
District - Specific ' Use
(GB(S)), for a two-family
dwelling (duplex), on the fol-
lowing described property, to
wit:
Being the north 80 feet of Lot
1 and Lot 12, Block G,
Pearland Townsite, according
to the map or plat recorded in
Volume 29, Page 41, of the
deed records of Brazoria
County, Texas (Orange
Street, between Grand
Avenue and Park Avenue)
At said hearing all interested
parties shall have the right
and opportunity to appear
and, be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
SPECIFIC USE PERMIT
APPL4ATION NO. 120.
November 19, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 120
Request of Saenz Development, agent for Tommy S. Dawson, owner for an amendment to the
Land Use and Urban Development Ordinance from classification General Business District (GB)
to General Business District — Specific Use (GB(S)) for a two-family dwelling (duplex) on each lot
for the following described property, to wit:
Being the north 80 feet of Lot 1 and Lot 12, Block G, Pearland Townsite, according to the map or
plat recorded in Volume 29, Page 41, of the deed records of Brazoria County, Texas (Orange Street,
between Grand Avenue and Park Avenue)
Honorable Mayor and Council Members:
At a regular meeting held on November 18, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Specific Use Application No. 120 to City
Council for approval. Commissioner Ray Bacon seconded the motion.
Chairman Todd Iocco made a motion to amend the original motion to add a stipulation that all the
building requirements for the City of Pearland are met; Vice -Chairman Russ Selemon seconded the
amendment.
The amendment passed 5 to 0.
Chairman Todd Iocco made a motion to add another amendment to add a stipulation that if the
construction is not started within two years of receiving their Specific Use Permit by City Council then
the Specific Use Permit would expire. Commissioner Ray Bacon seconded the motion.
The amendment passed 5 to 0.
Motion to approve Specific Use Permit Application 119 with two amendments passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Tommy S. Dawson, 4803 W. Orange Street, Pearland, TX 77581
Saenz Development, LLC, 5921 Sawyer Drive, Pearland, TX 77581
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