Ord. 509-049 05-23-94ORDINANCE NO. 509-49
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 IN JACKSON ADDITION FROM CLASSIFICATION SINGLE
FAMILY DWELLING DISTRICT, (R-2) TO GENERAL BUSINESS
DISTRICT (GB), AT THE REQUEST OF THOMAS THUHUYNH, OWNER;
PROVIDING FORANAMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, 'AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
WHEREAS, Thomas Thu Huynh, Owner, filed on March 16, 1994, 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 April, 1994, 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 April, 1994, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding the proposed amendment
application of Thomas Thu Huynh, Owner, whereby the Commission
recommended and approved a change of classification for the
property described in Exhibit "A" from its existing classification
of Single Family Dwelling District (R-2) to General Business
District (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 special meeting on April 25, 1994; and
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WHEREAS, the City Council having fully heard the testimony and
argument of all interested parties, having been fully advised in
the premises, finds that in the case of the application of Thomas
Thu Huynh, 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 Single Family Dwelling District, (R-2) is hereby for
all purposes changed and reclassified General Business District
(GB):
LOT 1, BLOCK 1, JACKSON ADDITION (1404 HATFIELD)
The City Council of the City of Pearland finds and determines
that the recitations in the preamble hereof are true and that all
necessary prerequisltes 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.
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.
If any
portion of
unconstitutional
portion shall be
IV.
section, subsection, sentence, clause, phrase, or
this Ordinance is for any reason held invalid or
by any court of competent jurisdiction, such
deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the
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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.
PASSED and APPROVED on first reading this
day of
, A.D. , 1994.
C. V..~p/i~NGER~
MAYOR GER~~
David Smith, Mayor Pro Tem
ATTEST:
ORDINANCE NO. 509-49
PASSED and APPROVED on second and final reading this
day of , A.D. , 1994.
MAYOR
ATTEST:
APPROVED AS TO FORM:
DICK GREi
CITY ATTORNEY
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'~EXHIBIT "A"
Z. ONING CHANGE APPLICATION
CHANGE REOUESTRD:
~Zoning Classification
From:
D Change in R_~gulations in
Section /~zf
D Specific Use
For:
PROPERTY IDENTIFICATION:
Street or Road.Address:
Lot/., Block / , Addition CF'~/ck?o/w' 4~z~. Tax I.D.#
LEGAL DESCRIPTION ::
Unplatted Land: (Must have survey & metes and bounds description)
PROPOSED USE OF LAND WITMIN REOUESTED DESIGNATION:
J~ECORD OWNER :. '
t0110 SOc~t ~ pOu~G,~ , T-~ 77og~
AGENT' S NAME:
AGENT' S MAILING ADDRESS:
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.
S I GNATURE:
S I GNATURE:
~F~E~:?' OWNER ~'~., ,~00 r~ C,~s. Z'~Y ~GENT
DATE FILED: 5 -/~ ~ lr APPLICATION' NO. ~
EXHIBIT "A"
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EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
Before me, the undersigned authority, on this day personally
appeared GLORIA BOIKE, Business Manager for THE JOURNAL, a
newspaper having general circulation in Brazoria County,
Texas, who being by me duly sworn, deposes and says that the
foregoing attached notice was published in said newspaper
on the following date(s), to wit:
, 19
, 19
, 19
BUSINESS MANAGER
Subscribed and sworn to this day o
\
19~ ,
(SEAL)
:',! .....' NOTICE OF A J~INT
'!"' ;HEARING OF THE CITY COUNCIL
': AND
!. !~":"T~:"'i::'i~HE PLANNING;
7:AND ZONING COMMISSION OF THE
· . ..':; ::CITy. OF IPEARLAND, TEXAS .'.
"day 6f Apdl~ :TI994, at 7:00. P:M.,' the
City~.Coundd'?and the PlanninR .and.:
'..Zoning Commissio~0f the .Cit~/of
~ Poa'rland,; Bra~'ori . and ' Harris
.. Counties, Texas, will ;onduct a Joint
Public He ring ir'tho COuncil'
~ Chambers, ity Ha i~:Liberty
'. Drive, I:~ada , Tea . request
: ' ..~ ~ :; Uffian Dent O of ~'
mation Singlo Family
~ City fm
p ' Dwolling District (R-2) to eneral.
Business District (GB),~on.the.
'follow~n descdbodprope~'to-wit:.:.':
': Lot 1, ~?~ck 1, Jack. on'AddiSOn (14~
'At ~id head~a ' in~e~ted pa~s'~
.... :' sh~l. have ~e ~ght .~d op~ niW t '
' appearand be hea~ on the su ~eGt.
STATE OF TEXAS