Loading...
Ord. 509-169 10-27-97ORDINANCE NO. 509-169 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 LOCATED ON LOTS 10-15, 25-26, 27-34, 35-38, AND 39-44, BLOCK 26 OF THE PEARLAND TOWNSITE OUT OF PLAT RECORDED VOLUME 29, PAGES 41-42, BRAZORIA COUNTY, TEXAS (GRAND AVENUE) (APPLICATION NOS. 222 & 223) FROM CLASSIFICATION GENERAL BUSINESS (GB) TO SINGLE FAMILY DWELLING DISTRICT (R-4) AT THE REQUEST OF THE NITA BOOTH, AGENT FOR JOHN ALEXANDER, AND THOMAS P. ~ALEXANDER ,OWNERS OF SUCH REAL PROPERTY, 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, the Owners has filed 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 22nd day of September, 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 23rd day of September, 1997, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by the owners, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A" from its existing classification of General Business (GB) to Single Family Dwelling District (R-4); 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 October 13, 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 the 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 on Lots 10-15, 25-26, 27-34, 35-38, and 39- 44, Block 26 of the Pearland Townsite out of Plat recorded in Volume 29, Pages 41-42, Brazoria County, Texas (Grand Avenue), within the corporate City limits of the City of Pearland, Texas, and presently classified as General Business (GB) is hereby for all purposes changed and reclassi~ed as Single Family Dwelling (R-4). Zoning Application No. 222 Legal Description:Lots 10-15, 25-26 and 35-38, Block 26 Address: Grand Avenue Owner: John Alexander Zoning Application No. 223 Legal Description:Lots 2%34, 39-44, Block 26 Address: Grand Avenue Owner: Thomas P. Alexander 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 2 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 f 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. 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. 509-169 ;~VED,, and ADOPTED on First R ' ' TOM REID MAYOR of ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this of ~(9/~ ).,LJZ~ , 1997. ATTEST: TOM REID MAYOR 4 ---____ Spcci~c Use for: Pror~rly addrest: Pack St. reel; L, ot;e :10-15, 3,t[-26 and 35~38 I,,o(: C,~,z~ Block: 26 Mcl~ & Bous~s Description: (tlnpJatled properly only; lltacb surveJ,} and Grand Ave tN /~HIBIT ~Lae Subdivision: Pearland Tovnei~e Tmx I.D. rmmber: Proposed usc of land widdn requeslcd designslion: SIngle and/or Duplex Family tlomee Record owncr's name: John Alexander Ow:er's mailini address: Owner's lclcl~onc number: AEent's frame: Nt ~a Aicnt'smailingsddress: 5101 t,,t'. Broadway, Pearland, TX 77581 _ Agclll's Iclephor~ numbcr: 281-485-3295 PETITION: As owner/agent, [ hcrcby pciilion the City for approval or I1~ abov~ described request provided by lJac JaWS Or !l~c Stale of' 'rcxss and Ordinanc~ oi' Ihc Cily oJ' Pearland. *On a Specific U.~c Pernmil rcqucs[ to alluw a residential use in a business zonc (OP, NS, Oil). I acb~owled~¢ |hal such u.~c J.ay_. !~ ir~:omp;nible wi(h currcnf and fulurc .sos on Pro~s(ies in my vici.ity. ........ · "=; ', t~c~ ........~a~,~.._ ... "'EAS'T WALNU! Z --0': - -.-'J ZONe C . ~.OT, 4l .... f ' I' LOTS 10 THRU 15, BLOCK 26 i 4 Z'3NC GI"i ZOf, v/.. ~r ZON~ GB R - 4 (;F.,. C 'MAXIMUM DI:N':,rI'Y SIN(:;!.[ ~At,t!L'r I)W['.~;!NC Clt'fofP~rl.nCTer4$ ALNU'r ZDN~ c -- .. _. _ ~~ . . Zf~NE C LOTS 35 T RU 38 BLOCK 26 ' ' o,, % zo~4r .': M"%XjMIJM D~N.'.-;IF 'r' t:;IN(;L~ i-AM DES '..' r': IC1 ML~[ I1 - i':'AM!i.y F)WI'; LIN,':, ~',/;Nt'RAI ~U31NI.:S~ DZ'... IRICI' r.::OMME NCIAL D~STI,hCT v/ Change in Zoning Classification from' G ~ to' fl- q-' __ Change in Regulations in Section//: EXHIBIT __. Specific Use for: * [ /~ Property address: Park Street Lot: 27-34,39-44 Block: 26 Metes & Bounds Description: (nnplatted property only; attach survey) Subdivision: Pearland Townsite Tax I.D. number: Proposed use of land within requested designation: Single Family Homes and/or Duplex Record owner's name: Thomas Alexander Owner's mailing address: Owner's telephone number: Agent's name: Nita Booth Agent's mailing address: 5101 W. Broadway, Pearland, TX 77581 Agent's telephone number: 281-485-3295 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. .I.cc...; paid: Al~plicalion numl~t: ~ ~ 3 ZONE C Z (J') ZONE GB E. PEAR LOT 1 LOT ZONE GB ZOnE GB LOT 24 LOT 25 EAST WALNUT ZONE C / / --- j Lj ZOl', E GB ~ ZONE GB LOT 1 LOT 48 LOT 1 LOT 48 LOT 24 ZONE C .b 200' (TYP.) ZONE GB /~/////~ 200' ,~///,/,/ m (TYP.) m LOT 24 / LOT 25. /_ LOT8 27 THFIU 84, BLOCK 26 Z 0 ZONE GB ZONE MF ZONE GB ZOnE S MAXIMUM Fj, ErI'L, IT F SINGLE FAMILY [.ilSTRIC1 MIJLTI - FA~/I~i.,r' DW[L_Litj(; DISTF;!ICT !,[NERAL EJ!jSII'IEZSS DISTRICT ~()MMFFfCI/'~! !.~I'SIF~ICI DWELLIiIG City of Pearland, Texas THOMAS ALEXANDER ZONE CHANGE FROM GB TO R-4 uY~2:LB_._ _ C,.D r..c: 1 or I ZONE C C/] ZOKE GB E. PEAR LOT ~ LOT 48 ZONE GB ZOnE GB LOT 2~. LOT 25 EAST WALNUT ZONE C Z <C CD ~/ LOT ~ / ZOI,,E GB <[ ~ 200' ' cu /"<~-> o /--, / LOT 4.8 LOT 48 / /// LOT 24 ZONE GB ZONE GB /// , .> · ~,~ n°+_ ~_ / ZONE OB '~0 ZONE GB T8 89 THRU 44, _' BLOCK 26 ZONE C ZO4E S F! -- 4 MAXIMIJM, LEr. I,%t7 r' S NGLE FAMIL'K DI?~TRICT MF MIJ[TI - ~-/,MIL,' bWFZLI_ING DISi'PI(',[ '311 UENEF,'AL [~jSII"J[:.'],'S I)tSf'RICT (3 <jUMMEPCIA:,, [JI',IPICI' DWELLING City of Pearland. Texas THOMAS ALEXANDER ZONE CHANGE FROM GB TO R-4 A C ~ "~)" ~ ' SAN ANTONIO AVE WASHINGTJ~ V ~ C_~) ShelQ ~784.565 10.0 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 j issues, as follows: No. / Date ,~E:;, / 0 19_ ~ No. Date 19 No. Date No. Date 19 19 No. Date 19 Subscribe and sworn to before me this 19 day of AURA A. ~-MM0~S 8 her . -,.