Ord. 509-024 12-17-90ORDINANCE NO. 509-24
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS;
PROVIDING AN AMENDMENT OF THE LAND USE DISTRICT MAP;
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVI-
SIONS RELATING TO THE SUBJECT.
WHEREAS, Charles Emmerich, Agent for Owners Named in the
Application filed October 24, 1990, 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 19th day of November, 1990, 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 hereto and made a part
hereof for all purposes, as Exhibit "B", said call and notice
being in strict conformity with the provisions of Section 28.3
and 28.4 of Ordinance No. 509; and
WHEREAS, on the 20th day of November, 1990, the Planning and
Zoning Commission of the City submitted their report and
recommendation to the City Council regarding the proposed amend-
ment application of Charles Emmerich, Agent for Owners Named in
the Application whereby they recommended and approved a change of
classification for the property described in Exhibit "A" from its
existing classification of General Business (GB) to Commercial
(C); and
WHEREAS, upon receipt of the report from the Planning and
Zoning Commission, the City Council considered this application
at their regular meeting on November 26, 1990; and
WHEREAS, the City Council having fully heard the testimony
and argument of all interested parties, having been fully advised
in the premises, finds that in the case of the application of the
Owners Named in the Application, 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:
The following described property located within the corpo-
rate City limits of the City of Pearland, Texas, and presently
classified as General Business (GB) is hereby for all purposes
changed and reclassified Commercial (C):
Lots 1 through 48, Block 21, Pearland Townsite
II.
The City Secretary is hereby directed to cause to be pre-
pared 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.
III.
This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED and APPROVED on first reading this
~~~ , A. D., 19F~ .
J
day of
Mayor
ATTEST:
CityS~eetFary~~
PASSED and APPROVED on second and final reading this
day of ~ , A. D., 19 ~ .
/Z
ATTEST:
C i ty~Seret~~
City Attorney
ZONING CHANGE REQUESTED
( ) Change in Regulations in
Section
Change in Zone Class
General Business
x)
From:
To:
EXHIBIT."~...~.~;-:.. ~-~..~, ~..:.
CITY OF PEARLAND
LAND USE CHANGE APPLICATION
BOARD OF ADJUSTMENT & APPEAL
Variance Appeal
Appeal from Interpretation
Special Exception Use
( )
( )
( )
For:
Commercial
Zoning Extension for Commercial,
Lots 1 through 48, Block 21, Pearland Townsite
PROPERTY IDENTIFICATION
Street or Road Address:
Lots 1 through 4~ Block
SUBMITTAL INFORMATION
2i Addition
Old Pearland Townsite
1. Must be professionally drawn
2. Minimum scale of lO0' toinch.
3. North Arrow
4. Site Map attached
LEGAL DESCRIPTION
Tract Dimension
Location, size, relationship
of all existing structures to
Boundary lines
Describe from Deed Records, attach copy of Deed, and use metes and bounds description:
Platted Lane:
Unplatted Land: (Must have metes & bounds description)
PROPOSED USE OF LAND WITHIN'REQOESTEDDESIGNATION:
ExistinK uses to remain as permitted by zoning ordinance and proposed hi-tech
auto paint company alonK with other extended uses allowed under commercial zoning.
RECORD OWNER: .See Attached Letter
OWNER'S MAILING ADDRESS & PHONE NO.:
NAME & ADDRESS OF MORTGAGEE, if any:
AGENT'S NAME: Charles Emmerich
PHONE NO.:
AGENT'S MAILING ADDRESS.:
PETITION
SIGNATURE
~FEE: $ ~'~,~0 ~7~ ~ AT ~
DATE FILED:_ /(f2 - ~ z/x- fO
14212A Highway 3, Webster. Texas 77598
As 0wne~/Agent, I hereby petition the City for approval of the above
described request as provided by the laws o the State of as an
See Attached Letter NATUR
APPLICATION NO.
City of Pearland
Members of City Council
Planning and Zoning Committee
Pearland, Texas
TO WHOM IT MAY CONCERN:
The following is a complete list of property owners of Block
21 of Pearland Townsite. These owners request that the City
of Pearland rezone said Block 21 from general business to
commercial. The principal purpose of this request is to
enable Maaco Auto Painting-Company to operate their business
at 2403 South Main Street in Pearland, being Lots 11 through
18 and Lots 40 through 48. The owners also recognize that
rezoning this block to commercial will allow more business
uses for their property.
Listed below are the owners and legal descriptions of subject
properties in said Block 21, Pearland Townsite, along with
their signature requesting the above mentioned zone change:
Lots 8, 9, 10, Block 21
Tax #7025-0271-000
Jimmy M. Brown
Donnie Brown
3906 East Broadway
Pearland, Texas 77581
Lots 19, 20, and 21, Block 21
Tax #7025-0274-000
Gentlemen's Barber Shop
Kathy Glines
2424 South Houston Avenue
Pearland, Texas 77581
City of Pearland
Page 2
Lots 11 through 18, 40 through 48, Block 21
Tax #7025-0273-000
National Asset Bank
Christopher D. Winters, Senior Vice President
2401 Fountainview, Suite 628
Lots 22, 23, 24, Block 21
Tax #7025-0275-000
Mona Raye Kliesing
2428 Houston Avenue
Pearland, Texas 77581
Lots 25 through 29, Block 21
Tax #7025-0276-000
Freddy R. Cessac, ~.
P. O. Box 936
Pearland, Texas 77581
Lots 35 through 39, Block 21
Tax #7025-0280-000
Tony Vale
8115 Concord
City of Pearland
Page 3
Lots 30 through 34, Block 21
Tax #7025-0279-000
Luella Smith
2001 North Galveston
Pearland, Texas 77581
Lots 1, 2, 3, 4 with 17' of Lot 5, Block 21
Tax #7025-0269-000
Estate of Berry Miller, Sr.
Mrs. Berry Miller
2506 South Washington
Pearland, Texas 77581 /.-~ ,
Lots 6, 7 and East 10' of Lot 5, Block 21
Tax #7025-0270-000
Estate of Barry Miller, Sr.
Mrs. Berry Miller
2506 South Washington
Pearland, Texas 77581 ~8 °
Vet truly ,
EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
Before me, ~he undersigned authority, on this day personall'y'
appeared PAT ADAMS, designated legal clerk for THE JOURNAL,
a newspaper having general circulation in Brazoria County,
Texas, who being by me duly sworn, deposes and says ~ha~
the foregoing attached no~ice was published in said newspaper
on the following date(s), to wit:
,
, 19
, 19
, 19
(SEAL) NO LIC
STATE OF TEXAS
tNOTICE OF A JOINT PUBLIC /
i HEARING OF THE CITY COUNCI ; LEGAL NOTICE ' · LEGAL NOTICE
'~' THE PLANNIANNG%NDZON N day of November, 1990 at7:30p. M. TownsRe r erty bounded b 2400
· COMMISSION OF THE CITY th~ City Counci ~ ~ Plannl ~ Block of ~. ~aein, 3900 Bloc~ of E,
~_ . PEARLAND, TE~.AS I IOGFL Zoning Commission of ,,. ~nilt of Broadway, 2400 Block of S.
Hear' in the Council Room, City Hal At such time and place as above stated
· . 3519~y Drive, Pearland, Texas, ~a~ me .City Council and the Planning and
the request of Charles Emmerlch, Zoning Commission will hear all
; Agent for Owners Named in the evidence'concerning advisability of
Application, for an amendent to Ihe' amendi_ng said Ordinance and als0 will
Land Use and Urban Development hear all evidence in protest to the
: Ordinance of said City from amendment of said Ordihanoe.
classification General Bualr~-,.~s' GB) to
Commercial (C) on the fo!$owmg .V_ery truly yours,
descrioed property, to-wit: Kay Krouse
City ~ecretary
Lots 1 through 48, Block 21:pearland///7 PLtCATION NO. 20
. ~ AP