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Ord. 509-692 02-23-04ORDINANCE NO. 509-692 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 0.401 ACRES, SITUATED IN AN ORIGINAL 10 ACRE TRACT AS RECORDED IN VOLUME 410, PAGE 536 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, SECTION 4, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 543, BRAZORIA COUNTY, TEXAS (4706 AND 4709 W. BROADWAY STREET) (APPLICATION NO. 1146) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF NATHAN ZAINFELD, 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, Nathan Zainfeld, Owner, filed on December 22, 2003, 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 19th of January, 2004, 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 22nd day of January, 2004, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Nathan Zainfeld, Owner, whereby the Commission recommended to approve a change of classification for the property 1 ORDINANCE NO. 509-692 described in Exhibit "A" from its existing classification of Single Family Dwelling District (R-2) to General Business District (GB); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and the recommendation of the Planning and Zoning Commission, at a regular meeting on February 9, 2004; 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 Nathan Zainfeld, Owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT 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) is hereby for all purposes changed and reclassified as General Business District (GB), such property being more particularly described as: 0.401 acres, situated in an original 10 acre tract as recorded din Volume 410, Page 536 of the Deed Records of Brazoria County, Texas, Section 4, H.T. & B.R.R. Company Survey, Abstract 543, Brazoria County, Texas (4706 and 4709 W. Broadway Street). 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 ORDINANCE NO. 509-692 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. 3 ORDINANCE NO. 509-692 PASSED, APPROVED, and ADOPTED on First Reading this 9th day of February , 2004. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day of February , 2004. ATTEST: TOM REID MAYOR 4 ORDINANCE NO. 509-692 APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 5 APPLICATION FOR A CHANGE IN ZONING City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us Please check one: © Change in Zoning Classification from: 2 - .:2- to: (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: Address: 771 ' 72 9 % 9 I/r - y i 45,ek, by Subdivision: Lot: Block: Tax I.D. Number: ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): v,41/q-� Proposed use of property: PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME /V/9Tj//,l/. �?//1-7 -,/, NAME 5' / n. - /45 ( /�. ADDRESS % %�� 5L.//,�,/GC�= ADDRESS CITY,�� j 5/ j/,G STATE 7.t' ZIP 7 75-i'/ CITY STATE ZIP PHONE(,.-6/ ) 46.5 /,3 3 PHONE( ) FAX( ) FAX( ) E-MAIL ADDRESS E-MAIL ADDRESS PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: � Date: /2 1- 3 Agent's Signature: Date: OFFICE USE ONLY: FEES PAID: DATE PAID: i3 RECEIVED BY: APPLICATION NO. 1 I t Cherry Pear ST PrA MINI II ,0 6 ‚*„'t_ 41111 Silsbee D s0 N • • • • • LOCATION MAP Zone Change Application No. 1146 Owner: Nathan Zainfeld 4706 and 4709 W. Broadway Street 0 200 400 Feet (R2 - GB) 1 1 1 1 1 I AFFIDAVIT OF PUBLICATION The Friendswood Reporter News P.O.,Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and Brazoria Counties, for / issues, as follows: No. l Date l� 3( No. Date No. Date No Date No. Date LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 .a........••*•a• al•...;•.. Subscribe and sworn to before me this 2003 • • • • : LAURA ANN EMMONS Notary Public, State of Texas Commission. Expires 09.09-2006 • 20 03 20 20 20 20 day ofQC Laura Ann Emmons,Publisher Notary Public, State of Texas Published Dec. 31, 2003 & Jan. 7, 2004 NOTICE OF A JOINT PUB- LIC HEARING OF.SAIE, CITY COUNCIL AND THE . PLANNING AND ZONING;s4t,,r COMMISSION OF THE' CITY OF, PEARLAND, TEXAS APPLICATION NO.1146 Notice is hereby given that;,-; on January 19, 2004, of , y* 6:30 p.m., the City Council and Planning and Zoning Commission of the City of ¢ Pearland, in Brazoria, Harris ; and Fort Bend Counties, '4 Texas, will conduct a joint; public hearing in the Council Chambers of City Hall, 3519 .7^r Liberty Drive, Pearland, Texas, on the request of Nathan Zainfeld, owner, for an amendment to the Land Uae. and . Urban Development Ordinance of said City from classification Single Family Dwelling,*, District (R-2) to Generates; . Business District (GB), on L° the following described,,p propt 0 401 Or s, situated in an, original 10 acre tract aqq. recorded in Volume 410,'' Page 536 of the Deed. Records of Brazoria County, Texas, Sections4, H.T. 8r B.R.R., Company ,Survey, Abstract 543, Brazoria County, Texas (4706 and'- 4709 W. Broadway Street) At said hearing all interested^ parties shall have the right' and opportunity to appear and be heard on the sub: Oct. 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, Harris & Galveston Counties, for / issues, as follows: No / Date / 4 7 20 O g No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20� President Laura Ann Emmons, Publisher Notary Public, State of Texas Published Dec. 31, 2003 & Jan. 7, 2004 NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS APPLICATION NO.1146 Notice is hereby given that on January 19, 2004, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Nathan Zainfeld, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (ta-2) to General Business :District (GB), on the following described property`, to wit: 0.401 acres, ,situated an an original :4 acre ttadt as recorded in. -Volume 410, Page 6536 of the{Deed Records of,'..Brazp_rla County, Texas, Section 4 .T`. &r B.R.R. Company ,ryey, Abstract 543a :oria County, Taxa:L.04f and 4709 W. Broadway ;Mat) At said hearing all inested parties shall have the righl and opporluy to appear and be heard on the subieat., ... Isl Theresa Graham Planner I January 22, 2004 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1146 Honorable Mayor and Council Members: Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-2) to General Business District (GB) on the following described property, to wit: Legal Description: 0.401 acres, situated in an original 10 acre tract as recorded in Volume 410, Page 536 of the Deed Records of Brazoria County, Texas, Section 4, H.T. & B.R.R. Company Survey, Abstract 543, Brazoria County, Texas (4706 and 4709 W. Broadway Street) At a regular meeting held on January 19, 2004, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ruby Sandars made a motion to forward Zone Change Application No. 1146 to City Council for approval with a second made by Vice Chairman Sheryl Greiner. Motion to approve passed 7-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Owner: Nathan Zainfeld 12726 Sunbrook Brookside, Texas 77581 Page 1 of 1