Ord. 509-172 12-08-97ORDINANCE NO. 509-172
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 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 A TRACT OF 10.00 ACRES, AND BEING KNOWN AS LOT
24 OF THE ALLISON-RICHEY GULF COAST CO. SUBDIVISION, SECTION 7,
OF THE H.T.& B.R.R. SURVEY, A-219, OF THE DEED RECORDS, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 229) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-l) AT THE REQUEST OF TRINH DANG BUI, 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, Trinh Dang Bui, owner, filed on August 27, 1997, 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 lOth day of November, 1997, 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 11 th day of November, 1997, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Trinh Dang Bui, owner, 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 Single Family
Dwelling District (R-l); 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 November 24, 1997, 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 Trinh Dang Bui, owner, 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 Single Family Dwelling District (R-l); such
property being more particularly described as:
Tract of 10.00 acres, and being known as Lot 24 of the Allison-Richey Gulf
Coast Co. Subdivision, Section 7, of the H.T.& B.R.R. Survey, A-219 of the
Deed Records, Brazoria County, Texas.
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.
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.
ORDINANCE NO, 509-172
PASSED, APPROVED, and ADOPTED on First Reading this
November
,1997.
24th
day of
TOM REID
MAYOR
ATTEST:
of December
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,1997. '~,-/,~0
TOM REID
MAYOR
ATTEST:
8th day
APPROVED AS TO FORM:
CITY ATTORNEY
Change in Zoning Classification from: S i> to: /'/- 1
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
t3'tt"- 0~ t'~,,.--1
EXHIBIT
[ 4
Lot: /,or ?,,~t Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation: ~--~/e- ~.-.,,.~-% ~ ~/,s~,.,.o
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address:
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 PearlaM. *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 t~A~ieS in my vicinity.
Fees paid: $ ~ s""O
Agent's signature:
Date paid: 9/z~/q '7-
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TRINH DANG
ZONE CHANGE
FROM
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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
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date
No. Date
No. Date
No. Date
No. Date
19__
19
19
19
Subscribe and sworn to before rne this
19 ~
i or
day of
a~4a 4i&' ZmimG"~xal-
~ a~ ~ ~ ~ , ~i~s ~11 have ~ r~ht
Z~iq ~mmissi~ of the '
C~ ~ P~, ~ ~
Ha~ Counties, Teus; will
conduct a Joint Public
Hearing in the Council
~e~. City Hall, 3519
Libe~ Drive, PeaHand,
Te~, ~ ~ r~ of ~
Da~d Miller, agent. for Mr.
and Urban Development
Ordinance of said C~y from
Classification Multi Fa~,ily
~n9 Un~ (MF) to Light
i(~t)m~-
f EXHIBIT
AFFIDAVIT OF PUBLICATION 4-/7
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
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. Date 19 _
No. Date 19 _
No. Date 19 _
No. Date 19 _
Editor
Subscribe and sworn to before me this ,.,'?(} day of (:~:)r~
Notary Public, State of Texas
Laura Ann Emmons, Publisher
IN0 AND ZONING CON-
,EN'.Nm. TEXAS"
Devtd laler, sgent, ior Mr,
and Ut'oan Developmenl
Ordinance o( sakt. City from
Clas~fr, ation Multi Family
~emng Un~ (k4F) ~ Ug~t
Being 2.3'1671acms, oulota
594, being'adjacent to and
east ~ sate ~.~,ay 3s, c~
the Deed Fle~ords. Brazoria
Atsekiheed~gidiimreste~
parties shall have the fight
anclop~ortun~lo~e~rancl
/s/YoungLcNf~ng
404'44.
U FIVE r*FlEi re,
PEARLAND
T E X A S
Sr. a9
November 11, 1997
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581 ,
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 235.
Request of owners for an amendment to the Land Use and Urban Development Ordinance of
said City from Classification Suburban Development (SD) to Multi-Family-Planned Unit
Development (MF-PUD) on the following described property, to-wit:
22.16 acres out of a subdivision of the West % of the northeast % of Section 15, H.T. & B.
R.R. survey, A-241, recorded in Volume 297, Pg. 98 Brazoria County, TX.
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on November 10, 1997, after the
joint public hearing, considered the above-mentioned recommendation to the City Council.
\ A motion was made by Commissioner Tommy Scott, and seconded by Commissioner Emil Beltz to
approve Application No. 235.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely,
Fa.e
Pat Lopez, Ofiairman
Planning & Zoning Commission
l
3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416-19 • (281)485-2411 • www.ci.pearland.tx.us