Ord. 509-204 05-11-98ORDINANCE NO, 509-204
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 BEING DESIGNATED AS TRACT 20, SANDOVAL SUBDIVISION
CONTAINING .370 AC. IN THE WEST 1/2 OF THE NORTHEAST ~A, SECTION
15, H.T.&B.R.R. CO. SURVEY, A-241, BRAZORIA CO. TX (6606 W.
BROADWAY). (APPLICATION NO. 258) FROM CLASSIFICATION SINGLE
FAMILY DWELLING DISTRICT (R-l) TO GENERAL BUSINESS (GB) AT THE
REQUEST OF PAUL AND ALICE GUTIERREZ, 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, Paul and Alice Gutierrez, owners, filed on January 12, 1998, 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 application for
amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 23rd day of March, 1998, 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 15th day of April, 1998, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
'amendment application by Paul and Alice Gutierrez, owners, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Single Family Dwelling District (R-1) to General Business
(GB); 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 27, 1998, 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 Paul and Alice Gutierrez, owners, facts were 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 Single Family Dwelling District (R-1)is hereby
for all purposes changed and reclassified as General Business (GB); such property being
more particularly described as:
Being designated as Tract 20, Sandoval Subdivision containing .370 ac. In the
west 1/2 of the northeast 1/4, Section 15, H.T.&B.R.R. Co. survey, A-241, Brazoria
Co. TX (6606 W. Broadway).
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.
2
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.
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-204
PASSED, APPROVED, and-ADOPTED on First Reading this 27th day of
Apri I , 1998.
TOM REID
MAYOR
A'I'FEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of Hay ,1998.
A'I'FEST:
TOM REID
MAYOR
11th day
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY A'I'I'ORNEY
April 15, 1998
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 258
Request of Paul and Alice Gutierrez, owners, for an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Single
Family Dwelling District (R-l) to General Business (GB) on the following described
property, to wit:
Being designated as Tract 20, Sandoval Subdivision containing .370 ac. In the west ½
of the northeast 1/4, Section 15, HT & BRR Co. Survey, A-241, Brazoria Co., TX
(6606 W. Broadway)
Honorable Mayor and Council Members:
The Planning and Zoning. Commission, at a regular meeting held on April 13, 1998, after the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Vice Chairman Tommy Scott and seconded by Commissioner Emil
Beltz to approve Application No. 258.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 . www. ci.pearland.tx.us
March 24, 1998
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 258
Request of Paul and Alice Gutierrez, owners, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification Single Family Dwelling District (R-l)
to Commercial District (C) on the following described property, to wit:
Being designated as Tract 20, Sandoval Subdivision containing .370 ac. In the west ~ of the
northeast ~, Section 15, HT & B RR Co. survey, A-241, Brazoria Co. TX (6606 W.
Broadway).
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on March 23, 1998, after the joint
public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Vice Chairman Emil Beltz, and seconded by Commissioner Nghiem Doan to
table Application No. 258.
Motion to table passed 5 to 0.
This is submitted for your consideration.
;IY'~9 ?
Pat Lopez, C~i~a~
Planning & Zoning Commission
'~,5 ] 9 I.l BIiI4TY I )RI V 1~ · I'F.A RI .A N I ), '1 I !XA.c, 77581-54 I (>- 19 · (281) 485-2411 ' www.ci.pearland .tx.us
CITY OF PE~RLAND ID:713-485-8764 FEB 03'98 9:43 No.003~.~5
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Change in Regulations in Section/It:.
__ Specific Use for: *
Property address: ~ ,4 ~ [ /~-). Z/~e'~~
Lot: BIock: Subdivision.'~~-f.~
Metes &Bounds Description: . ~ ,,
Tax I.D. number: I"N {C-k t
Proposed use of land within requested designation:
Record owner's name:.
,nailing acklress:
Owncr's role, plane nmnber:
Agenl's natne: f'X I ~
Agent's mailing address:
Agcnt'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 n residential use in a business zone tOP, NS, GB), ! acknowledge that such use
may bc i,mompatible with current and future uses on properties in my vicinity.
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r<ccci,,cd by. yr'v"'X~C ....-.':' '.":<...: /:.:.' ,' :..c,
BROADWAY
3
ZONE SD
10
ZONE SD
ZONE GB (S)
STREET
2A
ZONE C
2
IOA
ZONE R-1
ZONE R-1
200'
CITP.)
6
ZONE SD
Z
Ld
rY
ZONE R-1
.370 ACRES
6606 BROADWAY
STREET
ZONE SD
ZONE R-1
ZONE SD
ZONE R-1
11
11A
rn
~' ZONE R-1
ZONE R-1
S
GB
C
R--1
SD
SPECIFIC USE PERMIT
GENERAl_ BUSINESS DISTRICT
COMMERCIAL DIS rRICT
LOW DENSIFY SINGLE FAMII, Y
SUBURBAN L)ISTRICT
DWELl_ IN
I)IStI~ICT
City of Peedend, Tea i
ZONE CHANGE
FROM
R-1 TO C
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ir.O SI41~t gl~ -1254A OF I ~
• 1 AFFIDAVIT OF PUBLICATION '
The Pearland Reporter News ,
2404 South Park
Pearland, Texas 77581 •
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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 and Harris Counties, for / issues, as follows:
No. / Date 3 iI 19 ?n.'
No. Date 19 _
No. Date 19
No. Date 19
No. Date • 19
- Editor
Subscribe and sworn to before me this r day of 24..i-
19 ' a ,
r......., ' .—::,-..-- '...,-,f;rs"..4v .,, ----1--:-,- ---'=1
Notary Pubic ': Y ofTe ' '''' ' __ ,
Laura Ann Emmons, Publisher
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!OUNCiaANDTHETLAW.
NGAND ZONING COM-:
CITYOF1
1 41,1.441);:i,;sMTEK4S:
_Nieeis'herebi'ghien-pai'on
3rd day of MoFC!1_
•00.p.in:,the City-CouncIll
dthePIanning and:Zoning:
gOprnritiselon of thcc)ty of
1.0artand,Iirazoria and Hartle
•,,Counties,Tend, ,Ooncluct.i
i‘foint Public Hearing in the I
Chambers,
ffontherequestof,19,4PAY,
Na,
• `'.'t geni2:16r::=1341 & Alice
•'•fe, trtrefr.e,;•-•,,owneri for an
enifinent-tri-the'.i4ncl:Vie
nd Urban ijaveleprnent,
rri rdinance Of said City from
jassift4tIOO Singlei Futility;
---.folo!ttisffief tile•r:
11.11Owingthiscrilieci property,
, .
diChielijnOeT.ti tio'ct io;
•
4divs100,c.O.rttEtit.
14;610
ttoi-000tioakt
•HTTEllift-co:riiiiii,ey,A
241:arazofid4cd.,'TX,0§00'•
Atsaia,hearing aIlinterested
Oartiedehall:hoytiteriglifapd opportunity to apear and
;1
be heard on the subject
Young Lorfing
City Secretary
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