Ord. 509-467 07-24-00 ORDINANCE NO. 509467
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 AND GRANTING A SPECIFIC USE PERMIT FOR A HAIR
SALON IN GARAGE ON THE FOLLOWING PROPERTY, TO-WIT BEING
LOTS 33-36, BLOCK 35, PEARLAND TOWNSITE, BRAZORIA COUNTY,
TEXAS (SPECIFIC USE NO. 81) (2330 N. SAN ANTONIO) FROM
CLASSIFICATION MULTI-FAMILY DWELLING DISTRICT (MF) TO MULTI-
FAMILY DWELLING DISTRICT - SPECIFIC USE (MF-S)AT THE REQUEST OF
GAlL WINDHAM & TOMMY LUTTRELL, 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, Gail Windham & Tommy Luttrell, Owner, filed on April 20, 2000, 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 12~ of June, 2000, 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 20t~ day of June, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Gail Windham & Tommy Luttrell, Owners, whereby the
Commission recommended and approved a change of classification for the property described
in Exhibit "A" from its existing classification of Multi-Family Dwelling District (MF) to Multi-
Family Dwelling District- Specific Use (MF-S); 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 July 10, 2000, 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 Gall Windham & Tommy Luttrell, Owners, 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 Multi-Family Dwelling District (MF) to is hereby
for all purposes changed and reclassified as Multi-Family Dwelling District - Specific Use
Permit (MF-S); such property being more particularly described as:
Lots 33-36, Block 35, Pearland Townsite, Brazoria County, Texas ( 2330 N. San
Antonio)
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 herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509467
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
July ,2000.
ATTEST:
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day
of July
,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 3~5~96
~ Change in Zoning Classification from: to:
~ Change in Regulations in Section #:
/' specifi0 Use for:* ~-\~,'~
Properly address: ~ ~50
Lot:~3- 5~ Block:
Metes & Bounds Description:
(unpla~ed prope~y only; a~ach su~ey)
Tax I.D. number: d~ (n,O- ~
Proposed use of land within requested designation:
Record owners .ame: G-o-'~L
OwncOs mailing address:-- ~
Owners telephone number: ;~'~- ~95-'1~'o / <=t~,J-
Agent's name:
Agent's mailing .address:
Agent's telephone number:
PETITION: As ownedagent, 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.
Owners signat
Agent's signature:
Oa,e paid: q
SAN ANTON,A
WASHINGTON
TEXAS
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 7758'1
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 2'r-?/ 20iaZ~ ~
No: ' ·Date 20 ..: '
· - . . - ~ - . :-, ~ ~ . :,
' ':('~resident~
Subscribe and sworn to before me this7_5' : day of '72/2~'
er' ~rfi~ Fab h
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 f issues, as follows:
No. / Date ~'~Z/' 20 ~
No. Date
No. Date
No. Date
20
20
20
No. Date
20w
%presid~/~"~en~
Subscribe and sworn to before me this
20 ~
June 20, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE NO. 81
Request of Gail Windham & Tommy Luttrell, owner, for an amendment to the Land Use
and Urban Development Ordinance of said City from Multi-Family Dwelling District (1VIF)
to Multi-Family Dwelling District (MF-S) with a Specific Use on the following described
property, to wit:
Lots 33-36, Block 35, Pearland Townsite, Brazoria Co., TX (2330 N. San Antonio)
Honorable Mayor and Council Members:
At a regular meeting held on June 19, 2000, after a Joint Public Hearing, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Donald Glenn
to recommend approval of Specific Use No. 81.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission