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Ord. 509-205 05-11-98ORDINANCE NO. 509-205 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 BEING AN 0.8672 AC. TRACT OUT OF A 1.555 AC. TRACT OF THE S.W. CORNER OF LOT 32, ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 9 OF THE H.T. & B. R.R. CO. SURVEY, A-234, ACCORDING TO THE PLAT AS RECORDED IN VOL. 2, PG. 34, BRAZORIA CO., TX (NOT ASSIGNED) (APPLICATION NO. 273) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF JIM YOUNGER, AGENT, FOR JUI-LIEN CHOU & MING TAO HO, 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, Jim Younger, Agent, for Jui-Lien Chou & Ming Tao Ho, owners, filed on January 23, 1998, 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 application for amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and WHEREAS, on the 27th day of April, 1998, 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 28th day of April, 1998, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Jim Younger, Agent, for Jui-Lien Chou & Ming Tao Ho, owners, whereby the Commission recommended and approved 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 concurred with the recommendation of the Planning and Zoning Commission, at a regular meeting on May 11, 1998, 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 Jim Younger, Agent, for Jui-Lien Chou & Ming Tao Ho, owners, facts were 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: 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: An 0.8672 ac. tract out of a 1.555 ac. tract of the S.W. corner of Lot 32, Allison- Richey Gulf Coast Home Co. subdivision, Section 9 of the H.T. & B. R.R. Co. survey, A-234, according to the plat as recorded in Vol. 2, pg. 34, Brazoria Co., TX (not assigned) 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 ~ccornplished 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 hereinabove described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. 3 ORDINANCE NO, 509-205 PASSED, APPROVED, and ADOPTED on First Reading this 11 th day of Nay 1998. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this of Nay ,1998. ATTEST: NG~CCSEL~RETI~~~y~' TOM REID MAYOR APPROVED AS TO FORM: DARRIN M. COKER INTERIM CITY ATTORNEY llth day __ Change in Zoning Classification from: ~;-~dae~,./~.t,do,.,,..fto: '~ .e · " Change in Regulations in Section #: Specific Use for: * Property address: ~L~//~/ Lot: 3.2, Block: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: t/5'o - [ 3- 3 ~/~ q Proposed use of land within requested designation: Record owner's name: Owner's mailing address: Owner's telephone number: 37aq Subdivision: J II / 5o~ tb c,~.e~ L,,,,,t g c,o~ i tlo~,¢ c~.~,~ l. q /soy ~'s' q ~o /~.,'/d 7q q/O 7 q;- if'7 gq Agent's name: Agent's mailing address: 3{,,ol 3 qtk Agent's telephone number: 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. Owner's signature: CITY LIMIT LINE 9 i X ZONE 50 SD I,I Z ZONE GB CITY LIMIT LINE 15 H ZONE R-1 ~ ZONE GB E rn b..J Z O N 25 GB rn L.d Z 0 N ZONE GB BROADWAY 29 > Z ZONE GB SD R-1 GB C SUBURBAN DISTRICT LOW DENSITY SINGLE FAMILY DWELLING DISTRICT GENERAL BUSINESS DISTRICT COMMERCIAL DISTRICT dt&.tJEN~'IOUHO&IIN~TAOHO ZONE April 28, 1998 PEARLAND Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 273 Request of Jim Younger, agent for hi-Lien Chou & Ming Tao Ho, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development (SD) to General Business District (GB) on the following described property, to wit: An 0.8672 ac. tract out of a 1.555 ac. tract of the S.W. corner of Lot 32, Allison- Richey Gulf Coast Home Co. subdivision, Section 9 of the H.T. & B. RR Co. survey, A-234, according to the plat as recorded in Vol. 2, pg. 34, Brazoria Co., TX (not assigned) Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on April 27, 1998, after the Joint Public Hearing, considered the above-mentioned recommendation to the City Council. A motion was made by Commissioner Emil Beltz and seconded by Commissioner Pat Lopez to approve Application No. 273. Motion to approve passed 4 to O. This is submitted for your consideration.' Sincerely, Tommy Scott, Vice-Chairman Planning & Zoning Commission 3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 · www. ci.pearland.tx.us AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulatior~ in Brazol'ia and Harris Counties, for ._. d ............ issues, as lollows: No. / Date No. Date No. Date No. Date No. Date 19 ~3 19 19 19 19 Editor Subscribe anct sworn to before me this day o~P~.,Z// / 'MI$$1ONOFTHECrryOF PEARLAND, TEXAS , Noti. is hereby given that. on Pea~,l~)rraand HaHs ~ :: 'ia~olt~J~b,lk:-~rfng In th, e~; /35tg~b~e, Pearfa~ .,Texas, on the request ~,¥dunger, agent for Jui-Llen:': C~ou& Mlng Tao' , owner, Ordinance Of sa ,City fro~'~ Classification~t~an following de~ed propa~/, to wit: 1. ac. l; of the S.W," Come 2;~iCt3~, AlllBO~I-. Rlchey ' Coast Home Co. ... i to the plat ~ Brazorie AFFIDAVIT OF PUBLICATION The Pearland Reporter News .... 2404 South Park Pearland, Texas 77,581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was publisr~ed in Brazoria and Harris Counties in tile REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for ._ . _/ ............ issues, as lollows: No.__/ .ate /¢'/d" No. Date ___ 19 No. ~ate r~o. ~ate _ No._ ................~ate Subscribe and sworn to before me this 19e day o1~,/~'/ NOTICE OF A JOINTPUB- LIC NEARING' OF THE'CITY COUNCIL AND,',THE PLAN- . N!NG AND, ZON!NG COM- MISSION OF THE CITY OF PEARLAND, TEXAS Notice s.hereby gven tb~t on the 27th day of A~I, '1998 at 6:30 p.m,, the~city.:.cot~ncil ' Pea. dand,. BraZoria and H ~'is Counties, Te~s, will con~ ~ct a Joint Public. He~ng in, he .Council Chambers, Cih rail, 3519 Liberty:t~,)e, Pea and, Te~s,;on;the~request, Jim;~ Younger, agent for JL ien. Chou & Ming Tae Ho wnef; for a.n amendment.tO' ~ La~l use and Urban :D~ Ordinance of said ~...y'from · following descr,ei~;prop~r~, An 0.8672';,~. H.T. &B. recorded i~ Bmzoria.Ci~;;" assigr~ed}" .Z ' parties:i and, Ybudgl .