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Ord. 509-179 12-08-98ORDINANCE NO. 509-179 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 SEVERAL TRACTS OUT OF H.T.& B.R.R. CO. SURVEY, A- 241, BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 119, 120 & 121) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF ARTHUR A. PARTAIN, 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, Arthur A. Partain, owner, filed applications for amendments 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 28th day of April, 1997, 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 25th day of November, 1997, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment applications by Arthur A. Partain, owner, whereby the 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 Commercial (C); 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 December 8, 1997, 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 Arthur A. Partain, owner, 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 Suburban Development District (SD) is hereby for all purposes changed and reclassified as Commercial (C); such property being more particularly described as: Application No. 119 - A 1.3068 acre tract, more or less, out of Lot 5 of the partition of the East 1/2 of the Northwest 1/4 of Section 15, HTBRR Co. Survey, A-241, Brazoria County, Texas, recorded in Volume 441, Page 265 and re- recorded in Vol. 593, P. 56 of the Deed Records, (6826 Broadway). Application No. 120 - A portion of the East 1/2 of the NW 1/4 of Sec. 15, HTBRR Co. Survey, A-241, Brazoria County, Texas; also being a portion of Lot 4 of the Plat recorded in V. 441., P. 265, of the Deed Records; also being referenced by a judgement of partition in V. 591, P. 56, (6816 Broadway). Application No. 121 - A portion of the East 1/2 of the NW 1/4 of Sec. 15, HTBRR Co. Survey, A-241, Brazoria County, Texas; also being a portion of Lot 4 recorded in V. 441, P. 265 of the Deed Records; also referenced by judgement of partition in V. 591, P. 56, (6806 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. 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. 509-179 PASSED, APPROVED, and ADOPTED on First Reading this 8th day of December , 1997. TOM REID MAYOR ATTEST: Y~~SE'L~T~,Ry PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8th day of December , 1997. ATTEST: ~ RE~~? APPROVED AS TO FORM: TOM REID MAYOR ccui:,ousH CITY OF i'E.AIH..ANI} *.~. Z()NF- CIIANGE A!'!q ,I(~ATION .., revised 355/96 __ (.'h~;l|gc Ill/O~l:ll,.~ ('la~lfiCalhHI froIll... Io: __ Change in Regulations in Section #: __ Specific Use for: * Property address: 6826 Broadway Street Lot: Block: Metes & Bounds Description: (unplatted property only; attach survey) Subdivision: Tax I.D. number: Proposed use of land within requested designation: Commercial Business Record owner's name: Arthur A. Partain Owner's mailing address: 6806 Broadway Street Pearland, TX 77581 Owner's telephone number: 485-7111 Agent's name: Agent' s mailing address: gent's telephone number: t~ETITION: As owner/agent, I hereby petition the City for approval of the above described request as ~i"*"'~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 current and future uses on properties in my vicinity. Agent's signature: Date paid: L)//z] .,,..,.., ,..... ,........,;L..: I19' <C ZONE SD BROADWAY ZONE C GB SD C ZONE C STREET ZONE SD 7 GENERAL BUSINESS DISTRICT SUBURBAN DISTRICT COMMERCIAL DISTRICT 6826 BROADWAY ' STREET 200' 6 /5/ .... ~ ~ 2oo' ,vo · (~,p.) SD 2 ZONE SD % · t~ ZONE SD i ZONE C 10 REVISED: 4/7/97 C;Ity of Pearlencl, Texas ARTHUR A, PARTAJN ZONE CHANGE FROM 8D TO C Dde: NOV., 1996 VERT: 1 "-- cttl~l I~.C.R. LONG96-1228 OF SHED 1 -_'3_ Change iu Zo.fin~-' CTlassificatio,~ I','om: Si,2 ...... Io: C Change in Regulations in Section #: __ Specific Use for: * Property address: 6816 Broadway Street Lot: 4 Block: Section 15 Metes & Bounds Description: (unplatted property only; attach survey) Subdivision: HT~B RR Co. Survey Abstract 241 Tax I.D. number: Proposed use of land within requested designation: Commercial Business Record owner's name: Arthur A. Partain Owner's mailing address: 68.06 Br6adway Street Pearland, Texas 77581 Owner's telephone number: 485-7111 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 current and future uses on properties in my vicinity. Fees paid: $ Agent's signature: Date paid: /VZ....~.... ........................................ ..... 1 AM'}licali°n numl?f-e[!..-,/-~3} D .......-._ -----=-=:--.=--- GB SD C >- ZONE SD © 6816 BROADWAY STREET N ZONE C BROADWAY ZONE C ZONE SD 8 7 ZONE SD STREET 200' ('rYe.) 6 5 200' ('P(P.) 4 3 9 ZONE. SD ZONE SD GENERAL BUSINESS DISTRICT SUBURBAN DISTRICT COMMERCIAL DISTRICT ZONE SD 2 ZONE C 10 REVISED: 4-/7/97 CIty of Peafiend, Texae ARTHUR A. PAlTrAIN ZONE CHANGE FROM 8D TO C Jdo i~.: leele: HOP, Z:1"- 200' ~ NOV., 1996 veto': ~ '- Own 8y;.J.E.B. C,M) FILF~ C~kd !f:C.R. LONG 96--1227 SHED 1 OF I (.'l'.:!ll:2e IH/,'!Hll~2 (.:la.,Ifl,.:a|l,,ll fl,'.lli. Change in Regulations in Section #: __ Specific Use for: * Property address: 6806 Broadway Street Lot: 4 Block: Section 15 Metes & Bounds Description: (unplatted pro,Deny only; attach survey) Subdivision: ltT&B RR Co. Survey Abstract 241 Tax I.D. number: Proposed use of land within requested designation: Commercial Business Record owner's name: Arthur A. Parrain Owner's mailing address: 6806 Broadway Street - Pearland, Texas 77581 Owner's telephone number: 485-7111 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 current and future uses on properties in my vicinity. Agent's signature: Date paid: < 0 ZONE SD ZONE C BROADWAY ZONE C ZONE SD 8 7 6806 BROADWAY STREET "' ZONE SD STREET ZONE SD 9 200' /4/ 3 2 200' · (TYP.) ' / / / ZONE SD ZONE SD /-,, ZONE C 10 REVISED: 4/7/97 City of Peer~u~l, Texas GB SD C GENERAL BUSINESS DISTRICT SUBURBAN DISTRICT COMMERCIAL DISTRICT ARTHUR k PARTNN ZONE CHANGE FROM 8D TO C · ,b No.: ~1~ HORZ;1'1 ~ D[C., 1996 Vi}m' :1"- ~ B~.J.E,B. CAD FILE.: Ct~d ~.C.R. LONG 96-1240 SHEET 1 OF 1 3519 Liberty Drive · Pearland, Texas 77581-5416 (281) 485-2411 · Fax (281) 485-8764 April 29, 1997 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 119 Request of Arthur A. Partain, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial District (C) on the following described property, to-wit: A 1.3068 acre tract, more or less, out of Lot 5 of the partition of the East % of the Northwest ~ of Section 15, HTBRR Co. Survey, A-241, Brazoria County, Texas, recorded in Volume 441, Page 265 and re-recorded in Vol. 593, P. 56 of the Deed Records, (6826 Broadway). RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 120 Request of Authur Partain, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial District (C) on the following described property, to- wit: A portion of the East ~ of the NW ~ of Sec. 15, HTBRR Co. Survey, A-241, Brazoria County, Texas; also being a portion of Lot 4 of the Plat recorded in V. 441. P. 265, of the Deed Records; also being referenced by a judgement of partition in V. 591, P. 56, (6816 Broadway). RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 121 Request of Arthur Partain, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial District (C) on the following described property, to- wit: ~g~Printed on Recydecl Paper PAGE TWO APRIL 29, 1997 RECOMMENDATION LETTER A portion of the East % of the NW ~ of Sec. 15, HTBRR Co. Survey, A-241, Brazoria County, Texas; also being a portion of Lot 4 recorded in V. 441, P. 265 of the Deed Records; also referenced by judgement of partition in V. 591, P. 56, (6806 Broadway). Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on April 28, 1997, after the Joint Public Hearing, considered the above-mentioned recommendation to the City Council. A motion was made by Commissioner Emil Beltz, and seconded by Commissioner Mary Starr to join Application Nos. 119, 120, and 121. Motion passed to join 4 to O. A motion was made by Commissioner Mary Starr and seconded by Commissioner Emil Beltz to table Application Nos. 119, 120 and 121. Motion passed to table 4 to O. This is submitted for your consideration. Pat Lopez, V'~e Ch/~a'a'mnan Planning & Zoning Commission November 25, 1997 PEARLAND Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 119 Request of Arthur A. Partain, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial District (C) on the following described property, to-wit: A 1.3068 acre tract, more or less, out of Lot 5 of the partition of the East ~ of the Northwest ~ of Section 15, HTBRR Co. Survey, A-241, Brazoria County, Texas, recorded in Volume 441, Page 265 and re-recorded in Vol. 593, P. 56 of the Deed Records, (6826 Broadway). RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 120 Request of Authur Partain, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial District (C) on the following described property, to- wit: A portion of the East ~ of the NW ~ of Sec. 15, HTBRR Co. Survey, A-24 l, Brazoria County, Texas; also being a portion of Lot 4 of the Plat recorded in V. 441., P. 265, of the Deed Records; also being referenced by a judgement of partition in V. 591, P. 56, (6816 Broadway). RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 121 Request of Arthur Partain, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Commercial District (C) on the following described property, to- wit: 3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 ° www. ci.pearland.tx.us PAGE TWO NOVEMBER 25, 1997 RECOMMENDATION LETTER A portion of the East ~ of the NW ~ of Sec. 15, HTBRR Co. Survey, A-241, Brazoria County, Texas; also being a portion of Lot 4 recorded in V. 441, P. 265 of the Deed Records; also referenced by judgement of partition in V. 591, P. 56, (6806 Broadway). Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on November 25, 1997, after the Joint Public Hearing, considered the above-mentioned recommendation to the City Council. A motion was made by Commissioner Mary Start, and seconded by Commissioner Jack D. Mathis to join Application Nos. 119, 120, and 121. Motion passed to joh~ 6 to 0. A motion was made by Commissioner Starr and seconded by Commissioner Mathis to approve Application Nos. 119, 120 and 121. Motion passed to approve 6 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission