Ord. 509-563 01-28-02ORDINANCE NO. 509-563
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 25-31, BLOCK 1, PEARLAND
TOWNSITE, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1016)
(2246 N. WASHINGTON) FROM CLASSIFICATION MULTI -FAMILY
DWELLING DISTRICT (MF) TO NEIGHBORHOOD SERVICES DISTRICT
(NS) AT THE REQUEST OF DALE PILLOW, AGENT, FOR ADULT
READING CENTER, INC., 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, Dale Pillow, Agent, for Adult Reading Center, Inc., Owners, filed on
November 1,2001, 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 14th of January, 2002, 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 15th day of January, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Dale Pillow, Agent, for Adult Reading Center, Inc.,
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ORDINANCE NO. 509-563
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 Neighborhood Services District (NS); 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 January 28, 2002, 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 Dale Pillow, Agent, for Adult Reading Center, Inc., 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:
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) is hereby
for all purposes changed and reclassified as Neighborhood Services District (NS); such
property being more particularly described as:
Lots 25-31, Block 1, Pearland Townsite, Brazoria County, Texas (2246 N.
Washington Ave)
2
ORDINANCE NO. 509-563
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.
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ORDINANCE NO. 509-563
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 28 day of
January , 2002.
ATTEST:
UNG
Y S', RETAR
TOM REID
MAYOR
4
ORDINANCE NO. 509-563
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11 day
of February , 2002.
TOM REID
MAYOR
ATTEST:
UNG
Y S RETARY
APPROVED AS TO FORM:
Ode--
DARRIN COKER
CITY ATTORNEY
CITY OF PEARLAND .
ZONE CHANGE APPLICATION
revised 5/9/00
X Change in Zoning Classification from: MF to: NS
Change in Regulations in Section #:
Specific Use for: *
Propertyaddress: 2246 N. Washington Avenue
25 thru 31,
inclusive
Lot: Block: 1
Subdivision: Pearland Townsite
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: R236814
Adult Reading Center, Inc., a non-profit: community -based
Current use of land: literacy provider
Proposed use of land within requested designation: same
Record owner's name: Adult Reading Center, Inc.
Owner's mailing address: 2246 North Washington Avenue, Pearland, TX 77581-4040
Owner's telephone number: 281.485.1000
Agent's name: (Mrs.) Dale E. Pillow, Executive Director
Agent's mailing address: 2246 North Washington Avenue, Pearland, TX 77581-4040
Agent's telephone number: 281.485.1000
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.
Thomas F. Woods, President
Owner's signature: GtO.in
Agent's signature: faa 4D
Fees paid: $ ,. s.
oj\06
Date paid: I . - 0
Received by:
Application number:
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Zone Change Application No. 1016
Adult Reading Center
2246 N. Washington
(MF-NS)
W E
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, Harris & Galveston Counties, for / issues, as follows:
No. I Date -/.2 ..-21, 20 d/
No Date 20
No. Date 20
No Date 20
No. Date 20
bscribe and sworn to before me this
O
President
day o
Of �r i li IR
Al••li•her
1 z .: ' Commission Expires 9-9-0'2 f`
Application No. 1016
Published Dec. 26, 2001 &
Jan. 2,200E
NOTICE OF A JOINS
PUBLIC HEARING OF THE
CITY COUNCILAND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 14th day of January,
2002, at 6:30 p.m., the City
Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct
a Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty Drive, Pearland,
Texas, on the request of Dale
Pillow, agent for Adult
Reading Center, Inc., owner,
D
NO City rn ron
MultiFamily: DwellingOistriet
(MF) to Neighborhood
Services District (NS) on the
following described property,
to wit:
Lots 25•31, Block 1, Pearland
Townsite (2246 N.
Washington Ave)`
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
-Is/ Mona Ann Phipps
Development Coordinator
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
3razoria and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;irculation in Brazoria, Harris & Galveston Counties, for / issues, asp'follow:
No. 1 Date /- Z 20 6 2--
No. Date - 20
No Date 20
No. Date 20
No. Date 20
President
ibscribe and sworn to before me this 3 day o
/�:,} NctLry Pub �t t
C0+ t!�liu" !G71 F 4 ES -02
,
Laura Ann Emmons, Publisher
Notary Public, State of Texas
APPLICATION No. 1016
Published Dec. 26, 2001 &
Jan. 2, 2002
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notices hereby given that on
the 14th day of January,
2002, at 6:30 p.m., the City
Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct
a Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty Drive, Pearland,
Texas, on the request of Dale
Pillow, agent for Adult
Reading Center, Inc., owner,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City from Classification
Multi -Family Dwelling District
(MF) to Neighborhood
Services District (NS) on the
following described' property,
to wit:
Lots 25-31, Block 1, Pearland
Townsite (2246 N.
Washington Ave)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator,
APPLICATION; N0.1OW
January 15, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1016
Request by Dale E. Pillow, agent for Adult Reading Center, Inc., owners for an amendment to
the Land Use and Urban Development Ordinance of said City from Multi -Family Dwelling
District (MF) to Neighborhood Service District (NS) on the following described property, to wit:
Lots 25-31, Block 1, Pearland Townsite, Brazoria Co., TX
(2246 N. Washington Ave)
Honorable Mayor and Council Members:
At a regular meeting held on January 14, 2002, which was immediately after a Joint Public
Hearing, the Planning and Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Don Sederdahl to forward Zoning Application No. 1016 to
City Council for approval with a second made by Commissioner Todd Iocco.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
H. Charles Viktorin, Chairman
Planning & Zoning Commission
HCV/jmg
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