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"
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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" ~ .-