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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 j' .".::...: :'.::~b'Y-:~'.!'-.:~i'i:,,.f.?':.%:.,..:;.:.'...~':....~ ....,,~.~~:...,..-.,~.:..>.l' ';' ':': :.":i.:;~!i!:._.:ii~!.'!'~.::~!!~ii ~ii:i~;:..-..::~:}~.:!!.~a, ~.i:..i~:z..:'~' """'~~,'.-!"~.~ '~'~"!,,? i~' ::,~.... ~ii.::i'i.~i"..:" ~. 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. ~ -' 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 _~-~__.J~AL~I__,~ 111~~ :~" 1 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 :.• e• i (trice_OF.A.JOINT.;puta " I'01.011114.00,04.citY. !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 • ••• I• )