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Ord. 509-759 02-28-05ORDINANCE NO. 509-759 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY TUSOEF PEARLAND, URBAN TEXAS, AMENDING ORDINANCE NO. 509, THE DEVELOPMENT ORDINANCE OF THE CITY F PEARLAND, TEXAS, FOR OF CERTAIN REAL THE PURPOSE OF CHANGING THE CLASSIFICATION PROPERTY LOCATION BEING 7.5424 AC RYSOOFF PEARLANDHE BRAOORIA MAS GREENE SURVEY, ABSTRACT 198, COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF PEARLAND PARKWAY, AND SOUTH OF BARRY ROSE ROAD) (APPLICATION NO. 1208) FROM BUSINESSION SINGLE D STRICT (GB) AT TIHE LY DWELLING DISTRICT (R-2) TO GENERAL REQUEST OF JOE MCELYOE BANDEEMAN USESTRONG, OWNER, DISTRICT MAP; PROVIDING FOR AN AMENDMENT OF T SEVEBILITY CLAUSE, CONTAINING A SAVINGS CLAUSE,RELATED TO THE SUBJECT. EFFECTIVE DATE AND OTHER PROVISIONS WHEREAS, Joe McElya, applicant for Beeman Strong, owner, filed on December 13, 2004, 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 17th day of January, 2005, 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 2nd day of February, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Joe McElya, applicant for Beeman Strong, owner, whereby the Commission recommended approval of the change of 1 ORDINANCE NO. 509-759 classification for the described property 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 14, 2005; 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 Joe McElya, applicant for Beeman Strong, 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 zoned to General Business District (GB), such property being more particularly described as: 7.5424 acres of land in the Thomas Gre(Generally Located onne Survey, stract 198, City of the West Side of Pearland, Brazoria County, Texas (G y Pearland Parkway, and South of Barry Rose Road) 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 2 ORDINANCE NO. 509-759 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. 3 ORDINANCE NO.509-759 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 14th day of February , 2005. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 2Rthday of February , 2005. ATTEST: •, UNG r. r fTY S 'RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY •<=:),orAt) TOM REID MAYOR 4 APPLICATION FOR A CHANGE IN ZONING Please check one: ® Change in Zoning Classification from: RR-2 & GB ❑ Specific Use Permit Request for: small north corner (list current zoning) (list proposed use) to: GB City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us (list proposed zoning) Property Information: Address: Pearland Parkwa — Pro•ert is not •Tatted et 7.54 acre tract Lot: Block: Subdivision: Tax 1.0. Number: ** For unplatted property, attach a copy of the metes and bounds description** Current use of property Current) (type of structures on property): Future/proposed use of property and reason Allowed in zonin "GB" PROPERTY OWNER INFORMATION: NAME Owners Representative Beeman Strort ADDRESS, 1300 Post Oak Blvd. STE 1650 CITY Houston STATE TX ZIP 77056 PHONE (713) 552-1110 FAX f 713_026-9110 E-MAIL ADDRESS bstrona(a�beemanstrona.com 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 anddon the inances o of he e Cityupoof Pe rland. 1 certify to the best of my knowledge that this is a truedescription e uested the above checked action. I understand that I am fully responsible for the correctness of the rq 1• legal description given. Owner's Signature: re•resentativt Agent's Signature: used For Grazin Cattle for zone change: Primrose School / Da care OFFICE USE ONLY: FEES RECEIVED BY: APPLICANT INFORMATION: NAME Joea ADDRESS, 3100 Wesiayan Suite 200 STATE TX ZIP 77027 CITY Houston PHONE (713) 629-6100 FAX (713) 629-6123 E-MAIL ADDRESS imcel a(a�pdaarchitects.com Date: 2 Q Date:,_ DATE PAID: is 13 0 L APPLICATION NO: . , LOCATION MAP Zone Change Application No. 1208 Owner/Applicant: Beeman Strong/Joe McElya Change: R-2 - GB N W+E s 0 200 400 Feet Ppp. Sao$ 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 /02- e24 20 0,5 No. Date 20 No. Date 20 No. Date 20 No. Date 20 Spbscribe and sworn to before me this 20 • • • • • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 President day ofte Laura Ann Emmons, Publisher Notary Public, State of Texas Published Dec. 29, 2004 and Jan. 5, 2005 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO. 1208 Notice is hereby given tt)at on January 17,. 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the CI' of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint publit hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Joe McElya, applicant for Beeman Strong, owner, 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 w4 7.5424 acres of land in the Thomas Greene Survey, Abstract 198, City of Pearland, Brazoria County, Texas (Located on the West Side of Pearland Parkway, and_ South of Barry Rose Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard or>#the subject. is/Theresa Grahmann Senior Planner . , f yy 1�U`6 AFFIDAVIT OF PUBLICATION The Pearland Reporter. News 2404 South Park Pear.land, 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 yi Brazoria, Harris &.Galveston Counties, for / issues, as follows: No. / Date /--. 20 'OS No. Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this '20 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 • day of Laura Ann Emmons, Publisher' Notary Public, State of Texas Published Dec. 29, 2004 and Jan. 5, 2005 NOTICE OF A JOINT PUBUC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO,1208 Notice is hereby given that on January 17, 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Hams 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 Joe McElya, applicant for Beeman Strong, owner, 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 7.5424 acres of land in the Thomas Greene Survey, Abstract 198, City of Peadand, Brazoria County, Texas (Located on the West Side of Pearland Parkway, and South of Barry Rose Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/Theresa Grahmann Senior Planner Planning & horning Cotnmissioli Recommendation Letter February 2, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1208, a request by Joe McElya, applicant for Beeman Strong, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification She le Family property Dwelling District (R-2) to General ie of Pearland Business lstrict Parkway,andSouth of Barry Generally Located on the Wes Rose Road Honorable Mayor and City Council Members: At their regular meeting of January 17, 2005, the Planning and Zoning Commission considered the request for a zone change from Single Family Dwelling District (R-2) to General Business District (GB), on the following property: Legal Description: 7.5424 acres of land in the Thomas Greene Survey, Abstract 198, City of Pearland, Brazoria County, Texas Commission Member Ransom made a motion to approve the zone change, and Commission Member West seconded the motion. The motion to approve was passed by a vote of 6-0. Sincerely, Planning and Zoning Commission Recommendation Letter, 02/14/05 City Council Meeting, Zone Change Application No. 1208 Page 1 of 1 1 , ROBBINS CLIFTON VV III , 1�VA FERNANDEZ FRANCISCO T II & CLAUDIA' ARIRMINIF 200• NOTIFICATION LIMITS` 'BRENTWOOD PARTNERS7L HAGERMAN HERCULES N &PAMELA EXLEY DAVID WA ANNE C - , ='KROEN DAV1D-J NIMAN1011.111Mg.A11, irA 41, LANDIS DONALD.J &04tilit .DE D �� =OBERG`GERALD ALAN & MARY ANN ��,\� /040,0 ♦ ..............,,,,,, ♦�CA$EY MARSELLA B •,\� KEN VUTH PUTHY & BUNLA.P ♦ DYER.JAMES.EDWARD, 4 A A P\ DM W/ 12 R1Y/ ARMSTRONG DAVID M &'CHERI - , AI NGUYEN;LE HOANG &-. V+. TH..' TRAN HONG YEN ••�`SCHULTZ.GREGORY J & AIMEE„ OWNERSHIP MAP Zone Change Application No. 1208 Owner/Applicant: Beeman Strong/Joe McElya Change: R-2 - GB 0 200 400 Feet 11111 TAX ACCOUNT 01980001240 01980011000 01980001240 01980011000 15294011015 15294008088 01980014000 15294008087 15294008086 15293008072 15294008085 15293008071 15293008073 15293008070 15293008069 15293008068 15293008067 15293008066 15293008065 15293008064 01980014000 15293008063 15293008062 01980014000 OWNER BRAZORIA COUNTY CITY OF PEARLAND BRAZORIA COUNTY CITY OF PEARLAND MARTINEZ SELSO JR & ESTER THEROUX NORMAN &THERESA BEASLEY BRENTWOOD PTN%WILLIAM A LANGDON JR BEEMAN STRONG JOE MCELYA HATZ XAN HARRISON BRANDON & TAMMIE KROEN DAVID J EXLEY DAVID W & ANNE C LANDIS DONALD J & DEBRA D OBERG GERALD ALAN & MARY ANN CASEY MARSELLA B KEN VUTH PUTHY & BUNLA P DYER JAMES EDWARD ARMSTRONG DAVID M & CHERI ROBBINS CLIFTON W III & SHANNON G FERNANDEZ FRANCISCO T II & CLAUDIA HAGERMAN HERCULES N & PAMELA BRENTWOOD PTN%WILLIAM A LANGDON JR SCHULTZ GREGORY J & AIMEE THAI NGUYEN LE HOANG & TRAN HONG YEN BRENTWOOD PTN%WILLIAM A LANGDON JR ZONE CHANGE APPLICATION NO. 1208 Property Owner Notification List ADDRESS 111 E LOCUST ST 3519 LIBERTY DR 111 E LOCUST ST 3519 LIBERTY DR 2002 TOWER BRIDGE RD 2001 WESTMINISTER ST PO BOX 460451 1300 POST OAK BLVD STE 1650 3100 WESLAYAN STE 200 2003 WESTMINITER 2005 WESTMINISTER ST 2102 ETON DR 2007 WESTMINISTER ST 2921 DOWNING ST 2104 ETON DR 2919 DOWNING ST 2917 DOWNING ST 2915 DOWNING ST 2913 DOWNING ST 2911 DOWNING ST 2909 DOWNING ST 2907 DOWNING ST PO BOX 460451 2905 DOWNING ST 2903 DOWNING ST PO BOX 460451 CITY ST ZIP CODE ANGLETON TX 77515 PEARLAND TX 77581-5416 ANGLETON TX 77515 PEARLAND TX 77581-5416 PEARLAND TX 77581-4627 PEARLAND TX 77581-4630 HOUSTON TX 77056-8451 HOUSTON TX 77056 HOUSTON TX 77027 PEARLAND TX 77581 PEARLAND TX 77581-4630 PEARLAND TX 77581-4622 PEARLAND TX 77581-4630 PEARLAND TX 77581-4620 PEARLAND TX 77581-4622 PEARLAND TX 77581 PEARLAND TX 77581-4620 PEARLAND TX 77581-4620 PEARLAND TX 77581-4620 PEARLAND TX 77581-4620 PEARLAND TX 77581-4620 PEARLAND TX 77581-4620 HOUSTON TX 77056-8451 PEARLAND TX 77581-4620 PEARLAND TX 77581-4620 HOUSTON TX . 77056-8451 LEGAL DESCRIPTION A0198 T J GREEN, TRACT 1D-1G 30'ROAD, ACRES 1.690 A0198 T J GREEN, TRACT 1E1, ACRES 2.656 A0198 T J GREEN, TRACT 1 D-1 G 30'ROAD, ACRES 1.690 A0198 T J GREEN, TRACT 1 E1, ACRES 2.656 BANBURY CROSS IV (A0198), BLOCK 11, LOT 15 BANBURY CROSS IV (A198), BLOCK 8, LOT 88 A0198 T J GREEN, TR 1-6, ACRES 7.417 BANBURY CROSS IV (A0198), BLOCK 8, LOT 87 BANBURY CROSS IV (A0198), BLOCK 8, LOT 86 BANBURY CROSS III (A0198), BLOCK 8, LOT 72 BANBURY CROSS IV (A0198), BLOCK 8, LOT 85 BANBURY CROSS III (A0198), BLOCK 8, LOT 71 BANBURY CROSS III (A0198), BLOCK 8, LOT 73 BANBURY CROSS III (A0198) BLOCK 8, LOT 70 BANBURY CROSS III (A0198, BLOCK 8, LOT 69 BANBURY CROSS III (A0198), BLOCK 8, LOT 68 BANBURY CROSS III (A0198), BLOCK 8, LOT 67 BANBURY CROSS III (A0198), BLOCK 8, LOT 66 BANBURY CROSS III (A0198), BLOCK 8, LOT 65 BANBURY CROSS III (A0198), BLOCK 8, LOT 64 A0198 T J GREEN, TR 1-6, ACRES 7.417 BANBURY CROSS III (A0198), BLOCK 8, LOT 63 BANBURY CROSS III (A0198), BLOCK 8, LOT 62 A0198, TRACT 1E-2-2B-3-3A-4-4A-5-6A1, ACRES 7.417 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JANUARY 17, 2005 Zone Change Application No. 1208 TO: City Council Planning and Zoning Commission SUBJECT: LEGAL DESCRIPTION: GENERAL LOCATION: A request by Joe McElya, applicant for Beeman Strong, owner, 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) 7.5424 acres of land in the Thomas Greene Survey, Abstract 198, City of Pearland, Brazoria County, Texas Located on the West Side of Pearland Parkway, and South of Barry Rose Road APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: January 17, 2005 City Council for First Reading: February 14, 2005 City Council for Second Reading: February 28, 2005 SUMMARY: The applicant is requesting a change in zoning on the subject property for general business district uses. The subject property is currently undeveloped. The applicant has indicated that they plan to construct a day care facility on the subject property if the zone change is approved. A day care is a permitted use in the GB district. During the November 15, 2004, Joint Public Hearing, a portion of the subject property was submitted by the applicant for a Specific Use Permit for a day care facility in the current R-2 district. Discussion occurred during the Joint Public Hearing and subsequent Planning and Zoning Commission Meeting regarding zoning the small tract of land between the residential subdivision to the west and Pearland Parkway as General Business District, rather than leaving the property as residential and issuing a Specific Use Permit. The Planning and Zoning Commission recommended denial of the Specific Use Permit request ZCA No. 1208 Page 1 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JANUARY 17, 2005 and recommended that the subject property be zoned a General Business District. The applicant withdrew the Specific Use Permit prior to consideration to the City Council. Due to the location of the subject property being on Pearland Parkway, a major thoroughfare, and the fact that the subject property does not connect to any other residential subdivision, and the tract is shallow in depth and bounded by a drainage canal, the Commission felt that the subject property, and the remainder of the property also similar in congifuration, should be zoned as General Business District. Therefore, the applicant has resubmitted this zone change application for the 7.5 acre tract, which includes the smaller tract from the November meeting. SURROUNDING ZONING AND LAND USES: North Zoning General Business District (GB) South Single Family Dwelling District (R-2) East West Single Family Dwelling District (R-2) Single Family Dwelling District (R-2) Land Use Undeveloped land Undeveloped land Undeveloped tract Single family residences within the Banbury Cross residential subdivision CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting a GB zoning district. The minimum lot size for the GB district is 22,500 square feet and the minimum lot width is 150 feet. The subject property meets these requirements, as the subject property is approximately 7.5 acres in size and has a lot width greater than 900 feet. The applicant will be responsible for complying with all other ordinance requirements, such as yard setback requirements and lot coverage. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "Medium Density Residential" uses for the subject property and for the surrounding properties to the west that are developed with single family residential lots. The Comprehensive Plan further indicates that the ZCA No. 1208 Page 2 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JANUARY 17, 2005 appropriate zoning districts for Medium Density Residential uses the Single Family Residential Districts R-2, R-3, and R-4. Therefore, the proposed zone change does not conform to the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Pearland Parkway, a major thoroughfare with 120 feet of right-of-way, and of sufficient width. No other roadways affect the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The impact of the GB zoning district on surrounding properties should be minimal. The subject property is located between Pearland Parkway and a drainage canal/creek, and does not seem suitable for the development of a single family residential subdivision. When Pearland Parkway was constructed, the subject property was left undeveloped between Pearland Parkway and the creek. Due to surrounding zoning districts in the subject area and the amount of traffic that Pearland Parkway is designed to accommodate, the subject property is appropriate for non-residential uses. Also, the creek serves as a natural buffer between the subject property and the single family residential lots to the west of the subject property. The subject property is located within the Pearland Parkway Overlay District, which contains more restrictive guidelines and development standards for the development of the subject property. A traffic impact analysis may be required to be submitted by the applicant when the subject property is platted for development, in order to determine the traffic impact as well as the locations of drive approaches along Pearland Parkway. PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published in the local newspaper, and a Zoning Sign was placed on the subject property. STAFF RECOMMENDATION: Staff recommends approval of the zone change for GB, as proposed by the applicant, for the following reasons: 1. Although contrary to the Comprehensive Plan, the subject property is located between a drainage canal/creek and Pearland Parkway, and would not be suitable for residential and therefore would be appropriate for non-residential uses due to the size of the subject property. ZCA No. 1208 Page3 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JANUARY 17, 2005 2. The proposed zone change would be consistent with other non-residential zoning districts and uses along Pearland Parkway, a major thoroughfare designed to accommodate heavy traffic. 3. The creek would serve as a natural buffer between the subject property and the adjacent residential properties to the west. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan ZCA No. 1208 Page 4 ZONING MAP Zone Change Application No. 1208 Owner/Applicant: Beeman Strong/Joe McElya Change: R-2 - GB N W+E s 0 200 400 Feet 11111 I FUTURE LAND USE PLAN ,N Zone Change Application No. 1208 Owner/Applicant: Beeman Strong/Joe McElya Change: R-2 - GB s 0 200 400 Feet Bill I AFFIDAVII`JOF PUBLICAT ION The Pearland Reporter. News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties h.. I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaperof circulation in Brazoria, Harris &..Galveston Counties, for / goneral issues, �as follows: No. / Date _ %/- 20 No. Date 20 No. Date 20 No. Date 20 No. Date Subscribe and sworn to before me this 1�20 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 20 m on -a -- President day of Laura Ann Emmons, Publisher Notary Public, State of Texas sU 400.13-1 1- -- -- " Published Oct. 27 & Nov. 3; 1 2004 NOTICEOF A JOINT I PUBLICHEARING OF THE CITY COUNCIL AND 1 THE PLANNING AND I ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS I SPECIFIC USE PERMIT . APPLICATION NO. 137 Notice is hereby given that on November 15, 2004, at r 6:30 p.m., the City Council and Planning and Zoning Commission of the City of 1 Peariand,.in Brazoria, Hams and Fort Bend Counties, Texas; will conduct a joint public hearing'in the Council Chambers of City Hall, 3519 .I Liberty Drive, Pearland, Texas, on the request of Joe McElya, applicant for I BeemanStrong, owner, for ' an amendment to 'the Land ; r Use and Urban ' Development Ordinance of said City, for a'Specific Use Permit for a Day Nursery or Kindergarten in the Single Family Dwelling District (R- . 2(S)), on the following j described property, to wit: f 2.0290 acres of land in the Thomas Greene Survey, Abstract 198, City of Pearland, Brazoria County, ' j Texas (Generally Located on the • West Side• of Pearland Parkway, and,; South of Barry Rose Road At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the ; • subject. �`. /s/'heresa Grahmann Senior Planner 1 rtik fAPP 110. AFFIDAVIT OF PUBLICATION The Pearla.nd 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 er circulation in Brazoria, Harris & Galveston Counties, for p p issues, as followliow general s: No. ) Date / 0 `off 7 20 _AZ No. Date 20 No. Date 20 No. Date • 20 • No. Date 20 President Subscribe and sworn to before me this g day of 20 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 L'''ura Ann Emmons, Publisher Notary Public, State of Texas DPP•M blished Oct. 27 & Nov. 3, 2004 NOTICE OF.A JOINT PUBLIC HEARING OF THE BCITY COUNCIL AND THE PLANNING AND .THE COMMISSION OF THE .CITY OF- :PEARLAND,TEXAS • 'SPECIFIC USE PERMIT i APPLICATION NO.137 . s i. Notice is hereby given that 1. on November 15, 2004, at k 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 hearirig'in the Council' Chambers of City!Hall, 3519 ._ ;Liberty Drive, Pearland, Texas, on the request of , Joe McElya, applicant for Beeman Strong, owner, for an amendment -to the Land ; Use , and Urban 'Development Ordinance' of ', said City, for a Specific Use Permit for a Day Nursery or Kindergarten in the Single ' Family Dwelling District (R- 2(S);, ,on the following described property; to wit: • 2.0290 acres of land in the Thomas Greene Survey, Abstract. 198, ' City of Pearland, Brazoria County, Texas (Generally Located Ion the West Side of Pearland Parkway, and South of Barry Rose Road LEGALS At said hearing all interest- I ed parties shall have the right and opportunity to � appear and be heard on the 1 subject. _Senior Planner Is/Theresa Grahmann