Ord. 509-324 09-27-99ORDINANCE NO. 509-324
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 LOCATION BEING LOTS 41-44, BLOCK 6 OF OLD PEARLAND
TOWNSITE PLAT, ACCORDING TO THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 808) (2214 N. GRAND BLVD.) FROM
THE CLASSIFICATION OF GENERAL BUSINESS DISTRICT (GB) TO MULTI-
FAMILY DISTRICT (MF) AT THE REQUEST OF PAT BURKETT, 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, Pat Burkett, Owner, filed on June 24, 1999, 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 23r~ day of August, 1999, 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 8~ day of September, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Pat Burkett, Owner, whereby the Commission recommended and
approved a change of classification for the property described in Exhibit "A" from its existing
classification of General Business District (GB) to Multi-Family District (MF); 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 September 13, 1999, 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 Pat Burkett, 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 General Business District (GB) to is hereby for
all purposes changed and reclassified as Multi-Family District (MF); such property being more
particularly described as:
Being Lots 41-44, Block 6 of Old Pearland Townsite plat, according to the plat
records of Brazoria County, Texas (2214 N. Grand Blvd)
I1.
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.
II1.
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.
2
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 herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
PASSED, APPROVED, and ADOPTED on First Reading this
S~ ~3J,'~Jr~ ~;;~' ,~ ,1999.
I~+~ dayof
TOM REID
MAYOR
(~TyU N G/L~I~[F'~[~
S .ET^RY
3
of
ORDINANCE NO. 509-324
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
September 9, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE NO. 73
(PREVIOUSLY ZONE CHANGE APPLICATION NO. 808)
Request of Pat Burkett, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from Classification General Business District (GB) to
General Business - Specific Use (GB-S) to allow a two-family dwelling on the following
described property, to wit:
Being Lots 41-44, Block 6 of Old Pearland Townsite plat, according to the plat records of
Brazoria Co., TX (2214 N. Grand BIvd)
Honorable Mayor and Council Members:
At a regular meeting held on September 7, 1999, after the Joint Public Heating, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Vice-Chairperson Tommy
Scott to recommend approval of Specific Use No. 73 (previously Zone Change Application No.
808).
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3~5~96
CONSENT ITEM
F
ORD 509-324
Change in Zoning Classification from:
Chang~ in Regulations in Section #:
Specific Use for: *
Property address:
Lot~'
Block: ~ | '' ion:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use ofland within requested designation: ,~~ ,~,~ ~.~ ~'~,,
Record owner's name:
Owner's mailing address:
Owner's telephone number:
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 Peadand. *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.
Owner's signature:
Fees paid: $ ~3~.~.~. "~
Agent's signature: "
Application number: .---
O~,Dt N,~,NCE NO
509-324'
September 7, 1999
Planning & Zoning Commission
City of Pearland
RE: Zone Change Application No. 808
In reference to the above mentioned zone change request, I will not be building the garage
apartment that I had originally included on my application. Therefore, I do not need the Multi-
Family zoning. I am requesting that my Zone Change be altered to request the change fi.om
General Business to General Business with a Specific Use for a duplex.
Si/~rely,
~..
15
13
ZONE GB~
.UM
JASMtNE ST.
MF
GB
S
MULTI - FAMILY DWELLING DISTRICT
GENERAL BUSINESS DISTRICT
SPECIFIC USE PERMIT
PAT BUItKLrlT
FROM
EIB TO MF
~:;::2~'
September 7, 1999
•
Planning&Zoning Commission
City of Pearland
RE: Zone Change Application No. 808
In reference to the above mentioned zone change request, I will not be building the garage
apartment that I had originally included on my application. Therefore, I do not need the Multi-
Family zoning. I am requesting that my Zone Change be altered to request the change from
General Business to General Business with a Specific Use for a duplex.
Sin rely,
Pat Burkett