Ord. 509-619 11-11-02Failed 11111102
ORDINANCE NO. 509-619
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 LOTS 13, 14, 15, AND 16, BLOCK
25, OF PEARLAND TOWNSITE, AN ADDITION TO BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE PLAT OR MAP RECORDED IN VOLUME
29, PAGE 41, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(SPECIFIC USE APPLICATION NO. 116) (PARK AVENUE NORTH OF
WALNUT STREET) FROM CLASSIFICATION GENERAL BUSINESS
DISTRICT (GB) TO GENERAL BUSINESS DISTRICT (GB)- SPECIFIC USE
(GB(S)) FOR ATTACHED TOWNHOME UNITS AT THE REQUEST OF
JIMMY ELLIS, AGENT FOR DARLENE ABSHIRE, 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, Jimmy Ellis, Agent for Darlene Abshire, Owners, filed on September
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 21st of October, 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 22nd day of October, 2002, the Planning and Zoning Commission
1
ORDINANCE NO. 509-619
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Jimmy Ellis, Agent for Darlene Abshire, Owners,
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 attached townhome units
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 November 11, 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 Jimmy Ellis, Agent for Darlene Abshire, 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:
I.
The following described property located within the corporate City limits of the City
of Pearland, Texas, and presently classified as General Business District (GB)(R-2) is
hereby for all purposes changed and reclassified as General Business District (GB) -
Specific Use (GB(S)) for townhome units ; such property being more particularly described
as:
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ORDINANCE NO. 509-619
Lots 13,14,15 and 16, Block 25, of Pearland Townsite, an addition to Brazoria
County, Texas, according to the plat or map recorded in Volume 29, Page 41, of the
Deed Records of Brazoria County, Texas (Park Avenue north of Walnut Street)
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.
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ORDINANCE NO. 509-619
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 day of
, 2002.
ATTEST:
YOUNG LORFING
CITY SECRETARY
4
TOM REID
MAYOR
ORDINANCE NO. 509-619
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 2002.
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
TOM REID
MAYOR
AUG 05 2002 12:11 FR CITY OF PEARLAND 281 652 1702 TO 92816488229 P.01
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci. pearland.tx.us
Change in Zoning Classification from: GIB to: Cs
(list current zoning) (list proposed zoning)
Specific Use Permit Request for : b 0L . / vu� �,
(list proposed use)
Property Information:
Address:_ PCL.. Y l' CD' +
Subdivision: Lot: /3 - )1, Block: Gj l p
Tax 1.D. Number: %- Cr'
`* For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): 0 ? e r\ C A • l
Proposed use of property:7v jdo n o lm f
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME Ns1/ GnP%0i751,ieY NAME VY1 vv\ �.(IIS
ADDRESS a C ► ADDRESS t.)CJ �� I G \r' , l
CITY t \av STATE ' x zip? ? -5 .' CITY t�T �� t STATE ZIP '7 7 G%4�
PHONE(c-Z i ) - 3 s g02 PHONE(2
FAXL )_
E-MAIL ADDRESS
FAx(G2./ ) LG " 7,2 a 9
E-MAIL ADDRESS
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 give
Owner's Signature: m.Q WAY J--Q Date: 9 - - ' _:),..
Agent's Signature: �r�- Date; VH/o Z,
OFFICE USE ON
FEES PAID: 07
RECEIVED B
DATE PAID: 0 `7j 11 Ian
APPLICATION NO. 'cJ L. 1/ (U
0
200
I i 1 1 l
400 Feet
I
Specific Use Application No. 116
Darlene Abshire/Jimmy Ellis
Park Avenue at Walnut Street
(GB - GB(S))
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 /-1.-C '20 2 2--
No. Date '20
No. Date 20
No Date 20
No. Date 20
(fr &el
President
Subscribe and sworn to before me this day of
200)
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. 116
Pub. 9/25 & 10/2/02
Published Sept. 25 & Oct. 2,
2002
NOTICE OF A JOINT
PUBLIC HEARING OFTHE
CITYCOUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITI
OF PEARLAND, TEXAS
Notice is hereby given that on
the 21st day of October,
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 cat
a joint public hearing in the
Council Chambers of. City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Jimmy Ellis, agent
for Darlene Abshire, owner,
for a Specific Use Permit for
single family attached town -
home units in a General
Business District (GB), on the
following describedproperty,
to wit:
Lots 13,14,15, and 16,, Block
25, of Pearland Townsite, an
addition to Brazoria County,
Texas, according to the plat
or map recorded in Volume
29, Page 41, of the Deed
Records of Brazoria County,
Texas (Park Avenue north of
Walnut Street)
At said hearing all interested
parties shall have the right
and opportunity to apRear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
SPECIFIC USE PERMIT
APPLICATION NO. 116
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 Z 20
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 e)
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
(IT4t4lf
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Specific Use Application No. 116
Pub. 9/25 & 10/2/02
Published Sept. 25 & Oct. 2
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 21 st day of October,
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 conduct
a joint public hearing in the
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Jimmy Ellis, agent
for Darlene . Abshire, owner,
for a Specific Use Permit for
single family attached town-
home units in a General
Business District (GB), on the
following described ,property,
to wit:
Lots 13,14,15, and 18,Block
25, of Peadand Townsfte, an
addiitieon to Brazoria County,
Texas, according to the plat
or . map recorded in Volume
�729, Page 41, of the Deed
Records of Brazoria County,
Texas (Park Avenue north of
Walnut Street)
At said hearing all interested
parties .shalt have the night
and opportunity;: to appear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
SPECIFIC USE PERMIT
APPLICATION NO. 116
October 22, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 116
Request of Jimmy Ellis, agent for Darlene Abshire, owners 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 attached townhome units use on the
following described property, to wit:
Lots 13, 14, 15, and 16, Block 25, of Pearland Townsite, an addition to Brazoria County,
Texas, according to the plat or map recorded in Volume 29, Page 41, of the Deed Records of
Brazoria County, Texas (Park Avenue north of Walnut Street)
Honorable Mayor and Council Members:
At a regular meeting held on October 21, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ray Bacon made a motion to forward Specific Use Application No. 116 to City
Council for denial. Commissioner Sheryl Greiner seconded the motion.
Motion to deny passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Darlene Abshire, 2419 Evergreen Dr., Pearland, Texas 77581
Jimmy Ellis, 20202 Rio Villa, Houston, Texas 77048
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