Ord. 509-722 06-14-04ORDINANCE NO. 509-722
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
2.70 ACRES OF LAND, AND 2.194 ACRES OF LAND, BEING A PART
OF LOT 7 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION 21,
H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309, BRAZORIA
COUNTY, TEXAS, ACCORDING TO THE PLAT AS RECORDED IN
VOLUME 2, PAGES 23 AND 24, PLAT RECORDS, BRAZORIA
COUNTY, TEXAS, (GENERALLY LOCATED ON THE SOUTH SIDE OF
FM 518, AND EAST OF OWER LANE) (APPLICATION NO. 1173) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS (GB) AT THE REQUEST OF CHARLES
KENNEDY, JR., TRUSTEE FOR MAI NGUYEN 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 Kennedy, Jr., Trustee for Mai Nguyen Owner, filed on April
14, 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 May, 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
1
ORDINANCE NO. 509-722
WHEREAS, on the 27th day of May, 2004, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Charles Kennedy, Jr., Trustee for Mai Nguyen
Owner, whereby the Commission recommended to approve a change of classification
for the property described in Exhibit "A" from its existing classification of Suburban
Development District (SD) to General Business (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 June 14, 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 Charles Kennedy, Jr., Trustee for Mai Nguyen 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:
I .
The following described property located within the corporate City limits of the
City of Pearland, Texas, and presently classified as Suburban Development District
(SD) is hereby for all purposes changed and reclassified as General Business (GB),
such property being more particularly described as:
2.70 acres of land, and 2.194 acres of land, being a part of Lot 7 of the Allison
Richey Gulf Coast Home Company's Suburban Gardens Subdivision of Section
21, H.T. & B.R.R. Company Survey, Abstract 309, Brazoria County, Texas,
according to the plat as recorded in Volume 2, Pages 23 and 24, Plat Records,
Brazoria County, Texas, (Generally Located on the South Side of FM 518, and
East of Ower Lane)
2
ORDINANCE NO. 509-722
IL
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.
3
ORDINANCE NO. 509-722
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
June , 2004.
TOM REID
MAYOR
ATTEST:
NG
Y SRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
28th day of June , 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
.4442/
r
TOM REID
MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
Change in Zoning Classification from:
D to:
(I1st currint zoning)
❑ Specific Use Permit Request for : (list proposed use)
Property Information:
Address: 'Ft 1 511?
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
cm e Cr&cub
(1Ist proposed zoning)
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): vtt
Future/proposed use of property and reason for zone change:
cevtier
PROPERTY OWNER INFORMATION:
NAME C trie` KTrwStee_
ADDRESS o� C7 _
ff �� �nf
CITY riC 11�kr(1 STAT= TX ZIP 71O�`75-
PHONE(/ 3 ) 7 VI "Q1 . 3
FAX0 iJ } Gjl - 550
APPLICANT INFORMATION:
NAME Mat
ADDRESS 3ci 3 a u` h tA)occ -
CITY't" ,rOV1r{ STATE TX ZIP 3
PHONE(2 g I ) - c 1 41-
FAX( E-MAIL ADDRESS t'ee—,ertCi jOC -�'' �1 ° COin E-MAIL ADDRESS aCeraYY1 laEoo CG�'"�
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. 1 understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature: Date:
Date: )d1/, iOi .
Agent's Signature: 717,Ca
OFFICE USE ONLY: FEES PAID:. i - 2.-)5 " DAAP TEICAT ON NO. / I '7 3
RECEIVED BY:
s
•
ad
h�I
"I
1.� silivano imemni
IIJIiLIIIIII'i
iamai am
irs Min Io
1111111
.1111111
MINIM
NEM
41111111
r
MIN
aim
r�
pt
0
ausrvi
am AN
fD
Sundo
NS
111
limn ra
Infra j
SPONIO
EMIL
ILIIII
I
1111111111111111111
1111111111
Z
O
O
0
lD
i
_111
Broadway ST
`LO /
' . SUBJECT PROPERTY
gra
NMI
IImnHu1IIpi—
.a
owl 1111111111111111
NEM
IIII
LOCATION MAP
Zone Change Application No. 1173
Owner: Charles Kennedy Jr/Mai Nguyen
South Side of FM 518, and East of Ower Lane
(SD - GB)
W+E
0 200 400 Feet
I�I�I
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 `7^ 2. 20 041 •
No. Date 20
No Date 20
No. Date 20 .
• No. Date 20
Subscribe and sworn to before me this
20
•
LAURA ANN
Notary Public, State of ONS
Texas
Commission Expires 09-09-�006
/U
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published April 28 & May 5,
2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF. THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPUCATION NO. 1173
Notice is hereby given that
on May 17, 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
Mai Nguyen, applicant for
Charles Kennedy, Jr.,
Trustee, owner, for an
amendment to the Land
Use and Urban
Development Ordinance of
said City from classification
Suburban Development
District (SD) to General
Business District (GB), on
the following described
property, to wit:
2.70 acres of land, being a
part of Lot 7 of the Allison
Richey Gulf Coast Home
Company's Suburban
Gardens Subdivision of
Section 21, H.T. & B.R.R.
Company Survey, Abstract
309, Brazoria County,
Texas, according to the plat
as recorded in Volume 2,
Pages 23 and 24, Plat
Records, Brazoria County,
Texas, being all of a 2.70
acre tract as described in
Volume 1581, Page 451,
Deed Records, Brazoria
County, Texas, and being
more particularly described
by metes and bounds as fol-
lows:
BEGINNING at a 1 inch iron
pipe found for the northwest
corner of the herein
described tract and the
northeast comer of a 2.1937
acre tract as described
Volume 87 405; Page 695,
Official Public Records,
Brazoria County, Texas in
the south right-of-way line of
Farm to Market road 3344,
being located North 87
degrees 22 minutes 48 sec-
onds East a distance of
1671.36 feet and South 02
degrees 43 minutes 53 sec-
onds East a distance of
89.8 feet from the northwest
corner of Section 21,
Abstract 309, Brazoria
County, Texas;
THENCE North 87 degrees
22 minutes 48 seconds,
East along and with the
south right-of-way line of
said Farm to Market road
3344, a distance of 289.03
feet to a 1 inch iron pipe
found for the northeast cor-
ner of the herein described
tract, in the east line of Lot 7
and the west line of Lot 12;
THENCE South 02 degrees
42 minutes 50 seconds East
along and with the east line
of Lot 7 and the west line of
said Lot 12, a distance of
433.93 feet to a 3/4 inch
pinched iron pipe found for
the southeast comer of the
herein described tract,
being the common corner of
Lots 7, 8,12 & 13;
THENCE South 87 degrees
21 minutes 19 seconds
West along and with the
north line of said Lot 8 and
the south line of said Lot 7,
a distance of 252.76 feet to
a 1 inch iron pipe found for
the southwest comer of the
herein described tract and
the southeast corner of a
2.1937 acre tract as
described in Volume 87
405, Page 695, Official
Public Records, Brazoria
County, Texas;
THENCE North 07 degrees
29 minutes 23 seconds
West along and with the
east line of said 2.1937 acre
tract and the west line of.the
herein described tract,:aa
distance of 435.61 feet to
the PLACE OF BEGINNING
and containing 2.70 acres of
land.
And:
2.194 acres of land, being a
part of Lot 7 of the Allison
Richey Gulf Coast Horne
Company's Suburban
Gardens Subdivision of
Section 21, H.T. & B.R.R.
Company Survey, Abstract
309, Brazoria County,
Texas, according to the plat
as recorded in Volume 2,
Pages 23 and 24, Plat
Records, Brazoria County,
Texas being all of a 2.1937
acre tract as described in
Volume 87 405, Page 695,
Official Public Records,
Brazoria County, Texas,
and being more particularly
described by metes and
bounds as follows:
BEGINNING at a 1 inch iron
pipe found for the northwest
corner of the herein
described tract and the
northeast corner of a 3.40
acre tract as described in
Volume 1581, Page 61,
Deed Records, Brazoria
County, Texas, in the south
right-of-way line of Farm to
Market Road 3344, being
located North 87 degrees
22 minutes 48 seconds East
a distance of 1451.57 feet
and South 02 degrees 43
minutes 53 seconds East a
distance of 89.80 feet from
the northwest corner of
Section 21, Abstract 309,
Brazoria County, Texas;
THENCE North 87 degrees
22 minutes'48 seconds,
East along and with the
south right-of-way line of
said Farm to Market Road
3344, a distance of 219.79
feet to a 1 inch iron pipe
found for the northeast cor-
ner of the herein described
tract and the northwest cor-
ner of a 2.70 acre tract as
described in Volume 1581,
Page 451, Deed Records,
Brazoria County, Texas;
THENCE South 07 degrees
29 minutes 23 seconds East
along and with the east line
of the herein described tract
and the west line of said
2.70 acre tract, a distance
of 435.61 feet to a 1 inch
iron pipe found for the'
southeast corner of the
herein described tract and
the southwest comer of said
2.70 acre tract in the south
line of said Lot 7 and the
north line of Lot 8;
THENCE South 87 degrees
20 minutes 45 seconds
West along and with the
north line of said Lot 8 and
the south line of said Lot 7,
a distance of 220.43 feet to
a 1 inch iron pipe found for
the southwest comer of the
herein described tract and•
the southeast comer of the
aforesaid 3.40 acre tract;
THENCE North 07 degrees
24 minutes 16 seconds
West along and with the
east line of said 3.40 acre
tract and the west line of the
herein described tract, a
distance of 435.69 feet to
the PLACE OF BEGINNING
and containing 2.194 acres
of land.
(Generally Located on the
South Side of FM 518, and
East of Ower Lane)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Planner I
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. 1 Date ..S: 6- 20
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 01
LAURA ANN EMMONS
Notary Public, State
of Texas
Commission Expires 0 09-20006
•
................................
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published April 28 & May 5,
2004
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.1173
Notice is hereby given that
on May 17, 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
Mai Nguyen, applicant for
Charles Kennedy, Jr.,
Trustee, owner, for an
amendment to the Land
Use and Urban
Development Ordinance of
said City from classification
Suburban Development
District (SD) to General
Business District (GB), on
the following described
property, to wit:
2.70 acres of land, being a
part of Lot 7 of the Allison
Richey Gulf Coast Home
Company's Suburban
Gardens Subdivision of
Section 21, H.T. B.R.R.
Company Survey, Abstract
309, Brazoria County,
Texas, according to the plat
as recorded in Volume 2,
Pages 23 and 24, Plat
Records, Brazoria County,
Texas, being all of a 2.70
acre tract as described in
Volume 1581, Page 451,
Deed Records, Brazoria
County, Texas, and being
more particularly described
by metes and bounds as fol-
lows:
BEGINNING at a 1 inch iron
pipe found for the northwest
corner of the herein
described tract and the
northeast comer of a 2.1937
acre tract as described
Volume 87 405, Page 695,
Official Public Records,
Brazoria County, Texas in
the south right-of-way line of
Farm to Market road 3344,
being located North 87
degrees 22 minutes 48 sec-
onds East a distance of
1671.36 feet and South 02
degrees 43 minutes 53 sec-
onds East a distance of
89.8 feet from the northwest
corner of Section 21,
Abstract 309, Brazoria
County, Texas;
THENCE North 87 degrees
22 minutes 48 seconds,
East along and with the
south right-of-way line of
said Farm to Market road
3344, a distance of 289.03
feet to a 1 inch iron pipe
found for the northeast cor-
ner of the herein described
tract, in the east line of Lot 7
and the west line of Lot 12;
THENCE South 02 degrees
42 minutes 50 seconds East
along and with the east line
of Lot 7 and the west line of
said Lot 12, a distance of
433.93 feet to a 3/4 inch
pinched iron pipe found for
the southeast comer of the
herein described tract,
being the common comer of
Lots 7, 8,12 & 13;
THENCE South 87 degrees
21 minutes 19 seconds
West along and with the
north line of said Lot 8 and
the south line of said Lot 7,
a distance of 252.76 feet to
a 1 inch iron pipe found for
the southwest comer of the
herein described tract and
the southeast corner of a
2.1937 acre tract as
described in Volume 87
405, Page 695, Official
Public Records, Brazoria
County, Texas;
THENCE North 07 degrees
29 minutes 23 seconds
West along and with the
east line of said 2.1937 acre
tract and the west line of the
herein described tract, a
distance of 435.61 feet to
the PLACE OF BEGINNING
and containing 2.70 acres of
land.
And:
2.194 acres of land, being a
part of Lot 7 of the Allison
Richey Gulf Coast Home
Company's Suburban
Gardens Subdivision of
Section 21, H.T. & B.R.R.
Company Survey, Abstract
309, Brazoria County,
Texas, according to the plat
as recorded in Volume 2,
Pages 23 and 24, Plat
Records, Brazoria County,
Texas being all of a 2.1937
acre tract as described in
Volume 87 405, Page 695,
Official Public Records,
Brazoria County, Texas,
and being more particularly
described by metes and
bounds as follows:
BEGINNING at a 1 inch iron
pipe found for the northwest
corner of the herein
described tract and the
north.ast corner of a 3.40
acre tract as described in
Volume 1581, Page 61,
Deed Records, Brazoria
County, Texas, in the south
right-of-way line of Farm to
Market Road 3344, being
located North 87 degrees
22 minutes 48 seconds East
a distance of 1451.57 feet
and South 02 degrees 43
minutes 53 seconds East a
distance of 89.80 feet from
the northwest corner of
Section 21, Abstract 309,
Brazoria County, Texas;
THENCE North 87 degrees
22 minutes 48 seconds,
East along and with the
south right-of-way line of
said Farm to Market Road
3344, a distance of 219.79
feet to a 1 inch iron pipe
found for the northeast cor-
ner of the herein described
tract and the northwest cor-
ner of a 2.70 acre tract as
described in Volume 1581,
Page 451, Deed Records,
Brazoria County, Texas;
THENCE South 07 degrees
29 minutes 23 seconds East
along and with the east line
of the herein described tract
and the west line of said
2.70 acre tract, a distance
of 435.61 feet to a 1 inch
iron pipe found for the
southeast corner of the
herein described tract and
the southwest comer of said
2.70 acre tract in the south
line of said Lot 7 and the
north line of Lot 8;
THENCE South 87 degrees
20 minutes 45 seconds
West along and with the
north line of said Lot 8 and
the south line of said Lot 7,
a distance of 220.43 feet to
a 1 inch iron pipe found for
the southwest comer of the
herein described tract and
the southeast comer of the
aforesaid 3.40 acre tract;
THENCE North 07 degrees
24 minutes 16 seconds
West along and with the
east line of said 3.40 acre
tract and the west line of the
herein described tract, a
distance of 435.69 feet to •
the PLACE OF BEGINNING
and containing 2.194 acres
of land.
(Generally Located on the
South Side of FM 518, and
East of Ower Lane)
At said hearing all'interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Planner I
May 27, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMIVIENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1173
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Suburban Development District (SD) to General Business District (GB) on the following
described property, to wit:
Legal Description:
2.70 acres of land, and 2.194 acres of land, being a part of Lot 7 of the Allison
Richey Gulf Coast Home Company's Suburban Gardens Subdivision of Section
21, H.T. & B.R.R. Company Survey, Abstract 309, Brazoria County, Texas,
according to the plat as recorded in Volume 2, Pages 23 and 24, Plat Records,
Brazoria County, Texas, (Generally Located on the South Side of FM 518, and
East of Ower Lane)
At a regular meeting held on May 17, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner David Ransom made a motion to forward Zone Change Application No. 1173 to City
Council for approval with a second made by Commissioner Neil West.
Motion to approve passed 4-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Cc: Owner:
Charles Kennedy, Jr., Trustee
2764 Bingle
Houston, Texas 77005
Applicant: Mai Nguyen
3922 Abbeywood
Pearland, Texas 77584
Page 1 of 1