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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