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Ord. 509-333 10-11-99 ORDINANCE NO. 509-333 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 0.459 ACRES IN THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, H.T. & B.R.R. CO. SURVEY, A-239 RECORDED IN VOLUME 1317, PAGE 411, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 802) (4702 W. WALNUT) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO OFFICE PROFESSIONAL (OP) AT THE REQUEST OF CHARLES P. WATSON, 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, Charles P. Watson, Owner, filed on May 25,1999, 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 applications for amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and WHEREAS, on the 23rd 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 8th 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 Charles P. Watson, Owner, whereby the Commission recommended and approved a change of classification for the property described in Exhibit "A"from its existing classification of Single Family Dwelling District(R-2)to Office Professional 1 (OP); 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 27, 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 Charles P. Watson, 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: The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Single Family Dwelling District(R-2)to is hereby for all purposes changed and reclassified as Office Professional (OP); such property being more particularly described as: Being 0.459 acres in the Northwest 1/4 of the Northwest 1/4 of Section 11, H.T. & B.R.R. Co. Survey, A-239, recorded in Volume 1317, page 411, Deed records of Brazoria County, Texas ( 4702 W. Walnut) 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. 2 Ill. 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. 3 ORDINANCE NO. 509-333 PASSED, APPROVED, and ADOPTED on First Reading this p2-1-th day of Sec)-trn b.€ , 1999. el) TOM REID MAYOR ATTEST: 44 //, AIM_ice- . i Y S TA'Y / / PASSED,APPROVED, and ADOPTED on Second and Final Reading this t day of 0C419 bed , 1999. c= =1/76/2"‘ TOM REID MAYOR ATTEST: IP UNG Al ..�G j ie • TY S-s►, -ETARY APPROVED AS TO FORM: C •lam DARRIN COKER CITY ATTORNEY 4 CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 Change in Zoning Classification from: /`s,„/,; / to: ( 0 a ) /17-k Change in Regulations in Section #: Specific Use for: * Property address: 'a 7(:))) c✓- :��r v�i i�,a./,„ z2/ Tx- 7,7J-5- Lot: Block: Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) J<'c Tax I.D. number: -r3-6 c. C L Proposed use of land within requested designation: Record owner's name: (" ;/%1� �5 %`.561..)/ '2 2,,9 7/7/ Owner's mailing address: ;f/z/n d T x 77 ,?,'” / Owner's telephone number: j ss Y>2 �✓s ,4/ __ _ 5 4' V5 Agent's name: -� �� I Li I ' t l Agent's mailing address: ':.)\L\ Agent's telephone number: ,.;,),,d) j._ 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. Owner's signature ,/ ` Agent's signature: Fees paid: $ 50 ��/00 Date paid: : Received by: Application numbr: L± LiJ /I Illlh i o1w MI 19 ■ 4 2 ZONE GB _ R, M1ZONE R-2 ZONE R-2 _- _ 6 6. 6 0,459 ACRES 470 2 WALNUT _ NI 200' STREET ZONE MF 4111111/ Ir Mom ''C OP ZONE GB F WALNUT UT STR 11111111 1200' z 11111111 CC 0 w z J ONE R-2 z w U al N zo ZONE R-2 N S . SBEE D=� . 2- ��24 n cr� 1 0 1111111111 0 a --ZINO - � w Z IIII- ___I EMI 0 20 � -- gi Dim w--C © 20 5 20 r� Q 1--- .;zi.74, R-2 MEDIUM DENSITY SINGLE FAMILY DWELLING DISTRICT City of Peariand, Texas R-4 MAXIMUM DENSITY SINGLE FAMILY DWELLING CHARLES R WATSON DISTRICT MF MULTI - FAMILY DWELLING DISTRICT ZONE FR CHANGE OM OP OFFICE AND PROFESSIONAL DISTRICT R-2 TO OP NS NEIGHBORHOOD SERVICE DISTRICT "N'Nalf102 ludo SHEET GB GENERAL BUSINESS DISTRICT JUNE, ,999 ;;-:200. 1 Ir-J.E.B. Go Child M D. SMITH 99-8144 OF 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general -culation in Brazoria and Harris Counties, for / issues, as follows: - No. / Date 1/ 19 No. Date 19 No. Date 19 No. Date 19 No. Date 19 President • ibscribe and sworn to before me this Z- day of %Li- gq _ .;T■ l,rA! L :..• StateotTexas l ye � rf. r , ARPPI . ice. :L,,�isher Notary Public, State of Texas - UBLIC HEARING OF THE ITY COUNCIL AND THE LANNING AND ZONING MISSION OF THE CITY OF PEARLAND,TEXAS tice is hereby given that on 23rd day of August, 1999, t 6:30 p.m.,the City Council d the Plannir5 and Zoning_ ommission of the City of earland,Brazoria and Harris unties,Texas,will conduct Joint Public Hearing in the ouncil Chambers,City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Teresa G. Watson,agent for Charles R.Watson,owner,for an amendment to the Land Use and Urban Development Ordinance of said City from iClassification Single Family Dwelling District (R-2) to :Office Professional District (OP) on the following described property,to wit Being 0.459 acres in the NW 1/4 of the NW 1/4 of Section 11, HT& B RR Co. survey, A239,recorded in Vol. 1317, A pg. 411, Deed Records of Brazoria Co., TX (4702 W. Walnut) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. .w Young tailing- .— City Sammy AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ;tate of Texas ,razoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general irculation in Brazoria and Harris Counties, for / issues, as follows: No. 1 Date l - �� 1 9 No. Date 19 No. Date 19 No. Date 19 No. Date 19 KZ4\611_ rn� President ibscribe and sworn to before me this day of 74 ) q6' j S eta+ ;�/_fir t.:�.e.:-:.l . : t n•► ; 19 FRTI At10715Te fisher Commission Expires 9-9-02 ,xas • BUC HEARING OF THE ITY COUNCIL AND THE 'LANNING AND ZONING OMMISSION OF THE CITY F PEARLAND,TEXAS otice is hereby given that on he 23rd day of August, 1999, -t 6:30 p.m.,the City Council. the Planning and Zonis oinmlasion o t e ity o f '-eariand,Brazoria and Harris aunties,Texas,will conduct Joint Public Hearing in the 'uncil Chambers;City Hall, :519 Liberty Drive, Pearland, exas, on the request of eresa G. Watson,agent for haries R.Watson,owner,for n amendment to the Land se and Urban Development 'rdinance of said City from lassification Single Family welling District (R-2) to ffice Professional District 3 9P) on the following a scribed property,to wit f ; ing 0.459 acres in the NW 1 of the NW 1/4 of Section 1:, HT& B RR Co. survey, '39, recorded in Vol. 1317, . 411, Deed Records of azoria Co., TX (4702 W. -alnut) t said hearing all interested arties shall have the right nd opportunity to appear and se heard on the subject. Young tering ' Secretary ORDINANCE NO 509-333 September 8, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 802 Request of Charles P. Watson, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Single Family Dwelling District (R-2) to Office Professional (OP) on the following described property, to wit: Being 0.459 acres in the Northwest 1/4 of the Northwest 1/4 of Section 11, H. T. & B. R.R. Co. survey,A-239, recorded in Vol. 1317, pg 411, Deed records of Brazoria Co.,TX(4702 W. Walnut) Honorable Mayor and Council Members: At a regular meeting held on September 7, 1999, after the Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Vice-Chairperson Tommy Scott and seconded by Commissioner Emil Beltz to recommend approval of Zone Change Application No. 802. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, Mary St. , hairman Planning &Zoning Commission