Loading...
Ord. 2000M-0046 2008-03-10 FAILEDFAILED 3110108 ORDINANCE N0.2000M-46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 9.7036 ACRES OF LAND, LOT 22, H.T. & B.R.R. COMPANY SURVEY, SECTION 8, ABSTRACT 504, AS RECORDED IN BOOK 2, PAGES 23 AND 24 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF ROY ROAD, AND APPROXIMATELY 500 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO. 2008- 03Z), FROM OFFICE AND PROFESSIONAL DISTRICT (OP) TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE REQUEST OF THU TRINH, APPLICANT FOR DUNG HUNG TA, OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Thu Trinh, applicant for Dung Hung Ta, owner, filed an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a change in the zoning district, 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 more graphically depicted in the location map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 21St day of January, 2008, 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 hereto and made a part hereof for all purposes as Exhibit "C", said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 28th day of February, 2008, the Planning and Zoning ORDINANCE NO.2000M-46 Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Thu Trinh, applicant for Dung Hung Ta, owner, whereby the Commission recommended denial of the change of classification for the described property from its existing classification of Office and Professional District (OP) to General Business Retail District (GB), said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D"; 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 March 10, 2008; 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 Thu Trinh, applicant for Dung Hung Ta, 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: Section I. The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Office and Professional District (OP) is hereby zoned to General Business Retail District (GB), such property being more particularly described as: 9.7036 acres of land, Lot 22, H.T. & B.R.R. Company Survey, Section 8, Abstract 504, as recorded in Book 2, Pages 23 and 24 of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Roy Road, and Approximately 500 Feet North of FM 518 (Broadway Street)) Page 2 of 4 Ord No 2000M-46 ORDINANCE NO. 2000M-46 Section 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. Section 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. Section 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. Section 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. Section VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Zoning District Map of the City, pursuant to the provisions of Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein granted for the reclassification of the herein above described property. Section VII. This Ordinance shall become effective after its passage and approval on second and final reading. Page 3 of 4 Ord No 2000M-46 ORDINANCE NO. 2000M-46 PASSED, APPROVED, and ADOPTED on First Reading this day of 2008. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of 2008. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000M-46 .'< ;Lid` 1•'~' r, ~.~ .. ~Jnl ..1 APPLi~AT1aD~i i°C~i~ ~4- C~ANCaE itV Zt~INli~l+~ f MY. ~7~~~Hi~ Exhibit "A" Application Ordinance No. 2000M-46 Gity of oearlanc! Cnrtununiry Deweiopment 3523 Liberty Drive (Community Center) Peerlr~nd, Texan 77581 281-652-f768 281-852 1702 fax wvvw.cityefpeirla nd. com Current Zoning District: (~ T Propoasd Zoning Dsstrict:. IXI 1 Proporty InformatJan: Addressor General Location of Property: ~y ~d . _~, ~____ Tax At:count ho. v ~"~ 4 _ c~_~?Q r- c~c~ o Subdivision:_ ~1-1 •T 4i .~R~ ~1 t RV ~`! 8 Lot: .`~2 BIoCk• A Complete Applicatlan must inctuda all of this informal9cn: 11~yrr!.ata ^ Fen (sue Zoning Change i~ee Schedule) ^ Legal Dascr~ption and/or Survey of the Pr~prrrty ^ Lett2r pxpla€ning the Zoning Change Requ!st in detail {specifj~ the existing zon€ng and why the zone c1-~ange is being requested. current use o! the property, and the proposed usa of the propQrty; ii a PD is requested, see PD Format ant! Guidelines) APfyLJCANT INi:tfRMA71oN: PiAME T H u T~ t tit ~, ADCIRES5 10 1 2 2 .Qs-2{ Car NTON LN CITY {-~ l3 U SToN 3TATE~,ZtP FAxt2531 ~_ S`~S - 3 y 6 2 ____r__ EMAIL ADDRESS p.s owner and applicant, i hereby reGuPst approval of the above described request as proaided for by the Unifleti Develapment od of the City of Pearland. tJ~~rner's Signature: „ ©ate:,~~ ~~~~ Q Z- Agcnt's Signature: ~ y~ ~ Date• 1 2 ~~ _i_9_~Q~~ ` I_!'AlU:_~~ ~~ 00 I PA O Imo/ ~OIO~ I ~,VCEIVED ~u~ o. ~-- i Application :~o. ao o B - o~~ ___~ r,91CC C-MAIL ADGRES8 0 a ~' a~ r ~ o ~ ~ m d rt O O~ N ~ O y O -a O 01 LOCATION MAP Zone Change No. 2008-03Z 0 200 400 Feet " ~~~i J W~E S Map Prepared on January 2, 2008 Exhibit "C" Publications Ordinance No. 2000M-46 AFFIDAVIT OF PU BLII,A ~ ~uN ~r~~f;,~ The Pearland Reporter News . 244 South (park 2~~8 ~~' ~ ~ ~~ 2~ 19 Pearland, Texas 77581 State of Texas ~. Brazoria and Harris Counties I,' .Lloyd Morrow, hereby certify that the notice hereby appended was published ' in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for _ issues, as follows:- No: Date _ ~'Z ~ 20 ~ No. Date 20 No. Date 20 ~ _ No. .Date 20 No. Date - ~, 20 D FO ~; . Subscribe and sworn to before me this day of ~~ .., 20~ ~ ~ n ~ ~,~parPU~ I_A~.'Rr~ ANN EitllNi0~15 !~!~ . ~ ~ ,~ctasy ~'ui)~IG, State ct Texas • Hey Gommirsion'Expires 09-C9-20~ ra Ann Emmons, Publisher Notary Public, State of Texas y.,.. PubNaMd Jan. 2 and Jan. 9, 2908 NO7ICE t>F A JdNT PUBLIC HEARINtii Of TIE CITY COUNCN. ANp THE. PLANNING AND ZOINMr3'' COMMI811ON OF THE CITY OF PEARIa1ND, TEXl4f ZOME CHANGE N0. 2 0 0 8- 0~ Z. NoYos is hereby given thek on Jenuary'21; 2008, at 6:30 p.m., tlv3 Cfgr Courrd and Planranp and ZaaMq GlNleriaMran d Iha t Psarl~d, in Brazorta, Harris.. and Fort Bend Counties, Texas, wiq. con- dud a joint public hearbg b the. Carnal Chambers o1ti City Hall, located a! 3518 ~ Liberty Drive, Pearland, Texas, on the request of Thu Trinh, appii- cant for Dung Hung Ta, owner, for an amendment b Ordinrtnce No. 2000M, the Zoning Map of the C1ty d P!earland, for. approval d a chan9e?in zoning dis- trict from classification Office and Prdessional Distrid (OP) to Light industrial District (M-1), an the follpwinp descried SPr'RP~~X ; to iait: c. ~ 3..~n si.7036 saes of land, Ld 22, H.T.. b B.R.R. Company Survey, Section 8, Abstrad 504, aS record- ed in Book 2, Pages 23 and 24 pitta Plat Recxxds d Brazafe County, Texas I City of Peatiand, Brazoria County,. Texas (GeneraNy Located on the East Side d -Roy Road, and Approximately 500 Feet North of FM 518 (Broadway Street)) At said hearing all interest- ed parties shall haw the right and opportunity b appear and be heard on the sut~ed. Is/ Theresa Gralrrnarwr $rarrior Planner AFFIDAVIT OF PUBLICATION ~- j n R C'' r` T l i~ti~,~~` The Pearland eporter News ~~ ~~ c~ 24x4 South Park [~~~,~t ,,~":' ! ; Phi ~ ~ 59 Pearland, Texas 77581: State of Texas Brazoria and Harris Counties , I,-.Ll~oyd Morrow, hereby certify that-the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No: - No. No. No. No. Date ~ 20 Date 20 Date 20 Date 20 Date - 20 ~~ Subscribe and •sworn to before me this ~ ~ day of 20 w a -. n r,n ~~ LAURA ANN EIv~M~NS . ~ Notary Public, Stata of Texas ~+.,,~.~*' My Commission Expires 09-09-2010 Notary Public, State of Texas ZDn~Ch~~t~~ ~~u~-~~''f~. ttilM~had Jan. 2 and ,Ian. !, 21108 NOTICE OF A .IONIT PII~LIC HEARING, OF TI! CIT1f COUNCR. MN! THE PUNNING AND ZONING COMMIStNOII Of THE CITY OF PEARUND, TEXAS ZONE CHANGE N0. 2 t'I 0 8- O s t NoYa >a hereby given that on January 21, 2011Qq at 8:90 p.m., the CKy and Planning and ZaOhp CanxMaion of the CNy of ~~ P'earfand, In Braz9rla, Rams and:. Fort Band Cantles, Texas, wiN con- duct ajoint publ~ hearYq h Oe Courxs Chan~a d Ciiy HeN, boated ~ fit! tibaty: Oriw, Paailond, - 7, an 1M ragwst of Thu Tdnh, appN- cant .for Dung Hung Ta, owrNr, for an amendatent b Oidinanoe No. 2000M, tha Zoning Map of tha CNy d Pa~lend, for approval d a ollange in zoning dls• triot from classiAoatlon OAlaa and ` Profeaior-al DNtict '. bP) to light Mn totlowing descrbed wnoarty. to wit: i 708i aa~ of ~ t.ot 22, H.T. 8 B.R.R. Company Survey, SecYon 8, AbMnct 504, as noar~ ad b Book 2, Papas 23 and 24 of the. Plat liaoorda of Bnmoria County, Tio~a ~ of ~~ Br~aia Counq~,~-Texas (GerMXNy LooaMd on the -East ode of Roy Road, and Appraldrtiately 500 FMt North of FM. 518 ~Y ~~) Jtt said haarMg all.IntNnat- ed partiaa shall have 1M ripfk and opportunity to appear and be heard on the subjac:t. W Tharaaa GratrrwnM SaniorPlMnar Exhibit "D" P 8~ Z Recommendation Letter Ordinance No. 2000M-46 1 1 1 1 a~ o~n o~sslon Recommendation Letter February 28, 2008 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change No. 2008-03Z Honorable Mayor and City Council Members: At their regular meeting of February 18, 2008, the Planning and Zoning Commission considered the following: A request by Thu Trinh, applicant for Dung Hung Ta, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Office and Professional District (OP) to General Business Retail District (GB), on the following described property, to wit: Legal Description: 9.7036 acres of land, Lot 22, H.T. & B.R.R. Company Survey, Section 8, Abstract 504, as recorded in Book 2, Pages 23 and 24 of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Roy Road, and Approximately 500 Feet North of FM 518 (Broadway Street) Commission Member Capehart made a motion to recommend approval of the zone change request, which was seconded by Commission Member Diggs. The motion to approve failed 0 - 7. The zone change was recommended for denial by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Page 1 of 1