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Ord. 509-070 04-22-96ORDXNANCE NO. 509-70 AN ORDINANCE 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 LOCATED ON LOT 1, TRACT 1 & 2, THE EAST HALF OF NORTHWEST QUARTER OF SECTION 15, H.T. & B.R.R. CO. SURVEY, ABSTRACT 241, BRA Z OR IA COUNTY, TEXAS ( 67 O 6 BROADWAY ) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT ( SD ) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF TRAN K. HOA, 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, Tran K. Hoa, owner, filed on February 9, 1996, 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 25th day of March, 1996, 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 26th day of March, 1996, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application of Tran K. Hoa, owner, whereby the Commission recommended and approved a change 1 of classification for the property described in Exhibit "A" from its existing classification of Suburban .Development District (SD) to Commercial District (C); 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 April 8, 1996; 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 Tran K. Hoa, 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: 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 Commercial District (C): Lot 1, Tract 1 & 2, of the East Half of Northwest Quarter of Section 15, H.T. & B.R.R. Co. Survey, Abstract 241, Brazoria County, Texas (6706 Broadway). 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 2 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 OBDXIUL!ICg !lO. 509-70 PASSED, APPROVED, and ADOPTED day of ~,'~ , 1996. on First Reading this TOM REID MAYOR ATTEST: C~~~SCRETARy PASSED, ~~day of APPROVED, and ADOPTED on Second and Final Reading this , 1996. TOM PAID MAYOR ATTEST: CT~~ECRETARy AS TO FORM ES~CULL UG~ CIT~Y TORNEY O ./ Change in Zoning Classification from: ,6r'~ to: K'~V~..~CiAL- ~t~Te~c-r' .. Change in Regulations in Section #: __ specific use for: ,4 A ~t>/~ ~ Property address: ~ 719 [, F~ ~ ~ '~. WLA Y Lot: | Sleek: I ~ Z- Subdivision: Metes & Bounds Description: (tinplatted property only; attach ~'vey) ~ t~ .~T~ACT 2 4 | I TaxI.D. numbcr: ~-OIIG4.- B~;45~q Proposed use of land within requested designation:/~J Lt ~,- 6 F ~ ~"///,d~a R bY_ r,4 Record owner's name: '7~ A ~J K. 'l''''t 0 A Owner's mailing address: Owner's telephone number: Agent's name: Agent's mailing address: Agcnt's telephone number: PETITION: As owner/agent, I hercby 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. / Received by: tq~ ~_ Agent's signature: Date paid: y EXHIBII "A" ZONE SD ZONE SD 00' R . BROADWAY Z N SD 0 E ~x''''''''''''''~1.4881 Z n,- <C AC. (6706 BROADWAY) ZONE SD DATE: 2\9\96 C.O.P. JOB NO. 96-1144 EXtlIBIT AFFIDAVIT OF PUBLICATION Before me, the undersigned authority, on this day personally appeared GLORIA BOIKE, Business Manager for THE jOURNAL, s newspaper having general circulation in Brezorta County. Texas, who being by me duly sworn, deposes and says that the loregoing attached nottce was published tn said newspaper on the following date(s), to wtt: , 19.__..__ , 19 Subscribed end sworn to this 19 (~Li · , 19 ~~l MANVIlle day of J~'~CL/~/~)~ (SEAL) NOTARY PUBLIC STATE OF TEXAS AFFIDAVIT OF PUBLICATION 'on this day personally; Before me, the undersigned aut:hortty, appeared GLORIA BOIKE, Business Manager for THE JOURNAL, s ~ newspaper having general circulation in Brszorta County, v Texas, who being by me duly sworn, deposes and says that the:. foregoing ae:tached notice was published in said newspaper -' on the foliowin& date(s), to wit:: ~ ass t ~ , 1 ~ ........ Subscribed and sworn to this , 19 . ~~eUSZ.N~glb IdANikeEn day of ~/~O~A~s J~ . (SEAL) i.NIKJ(I KLEIN NOTARY PUBLIC STATE OF TEXAS AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texss Brazoris and Harris Counties i, Joan Cummings, hereby certify that the nob hereby appended was published In Brazorla and Harris CounUee in the REPORTER NEWS, a newq~eper of general circuisUon in Brazorla and liarde Counties, for / Issues, as follows: No, Date 19 ~ No. Date 19 ~ No. Date 19 No, Date 19 . .. Subscribe and worn to before me this 19 day of ~ EXHIBIT "8" ~ .-