Ord. 509-664 06-23-03ORDINANCE NO. 509-664
AN ORDINANCE OF THE CITY COUNCIL 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 LOCATION BEING 2.389 ACRES OF LAND, OUT OF
LOT 59, OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF THE H.T. & B.R.R. COMPANY SURVEY NO. 20 (F.B.
DRAKE), ABSTRACT 506, BRAZORIA COUNTY, TEXAS (CULLEN
BOULEVARD NORTH OF FM 518) (APPLICATION NO. 1110) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF JUNG H.
KWAK, AGENT FOR CHARLES AND SHIRLEY SAVELL, OWNERS,
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, Jung H. Kwak, Agent for Charles and Shirley Savell, Owners, filed on
May 1, 2003, 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 applications for amendment attached hereto and made a part hereof for all
purposes as Exhibit "A"; and
WHEREAS, on the 16th of June, 2003, 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
1
ORDINANCE NO. 509-664
WHEREAS, on the 25th day of June, 2003, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Jung H. Kwak, Agent for Charles and Shirley Savell,
Owners, whereby the Commission recommended to approve a change of classification
for the property described in Exhibit "A" from its existing classification of Suburban
Development District (SD) 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 the recommendation of the Planning and
Zoning Commission at a regular meeting on July 14, 2003; 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 Jung H. Kwak, Agent for Charles and Shirley Savell, Owners, 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:
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 General Business District (GB), such
property being more particularly described as:
2
ORDINANCE NO. 509-664
2.389 acres of land, out of Lot 59, of the Allison Richey Gulf Coast Home Company
Subdivision of the H.T. & B.R.R. Company Survey No. 20 (F.B. Drake), Abstract
506, Brazoria County, Texas (Cullen Boulevard north of FM 518).
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.
3
ORDINANCE NO. 509-664
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 herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of
July , 2003.
ATTEST:
4
TOM REID
MAYOR
ORDINANCE NO. 509-664
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day
of July , 2003.
ATTEST:
APPROVED AS TO FORM:
Oa/v.-L.)1,
DARRIN M. COKER
CITY ATTORNEY
5
_m)a)41,9)
TOM REID
MAYOR
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
[9 Change in Zoning Classification from: SU Zu2 AA/ to:
(list current zoning)
e
❑ Specific Use Permit Request for : A67i9 e1 _s'f,/di�//V 72 7a)
(list proposed use)
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
eive-,?,.4 4 U_S,,,V
Property Information:
Address:
(list proposed zoning)
ze,st _02vc/ K)4.;'1/. c19, 5—)
,�iT-9 g 9 BeltOrcter_5--
TaxSubdivision: Lot: s'7 I.D. Number: 9 S 42 ' .1)6
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): 09e/gA(T BEVEL �/4S7- '2
Proposed use of property: F7?/L S //ice/ 5 'iZ 4—
PROPERTY OWNER INFORMATION:
NAME (2/If/WES g-C/4i021e) - gI/6L L
ADDRESS s-s S&2,460. -'4 ST
CITY ,leM ,C' STATE %X ZIP % Sil?4/
PHONE(&f/ ) 4'93-- 58702-
FAX(,2f/ ) L%/o�
APPLICANT/AGENT INFORMATION:
NAME Tv/v ,Y. kai, 4X.
ADDRESS 2b / 5L'Nf/S/,' p,ei-
CITY 14 STATE TIC ZIP 77sdy
PHONE(7/3 ) /900
FAX(oc53/ ) 99to a
E-MAIL ADDRESS`�C/(�/�JA�ca 0 SiL✓(t4SMRf64,.y,t,kE-MAIL ADDRESS
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature:
Agent's Signature:
Date: 14-07i'�?
Date: G/—a29.- '-=
OFFICE USE ONLY: FEES PAID: d'75po
DATE PAID: 5'1-03
RECEIVED BY: e APPLICATION NO. /'
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Broadway ST
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11111
Zone Change Application No. 1110
Charles and Shirley Savell/Jung H. Kwak
Cullen Boulevard north of FM 518
(SD - GB)
June 25, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1110
Request of Jung H. Kwak agent for Charles and Shirley Savell, owner for an amendment to the
Land Use and Urban Development Ordinance of said City from classification Suburban
Development District (SD) to General Business District (GB) on the following described
property, to wit:
2.389 acres of land, out of Lot 59, of the Allison Richey Gulf Coast Home Company Subdivision of
the H.T. & B.R.R. Company Survey No. 20 (F.B. Drake), Abstract 506, Brazoria County, Texas
(Cullen Boulevard north of FM 518)
Honorable Mayor and Council Members:
At a regular meeting held on June 16, 2003, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Don Sederdahl made a motion to forward Zoning Application No. 1110 to City
Council for approval with a second made by Commissioner Sheryl Greiner.
Motion to approve passed 6-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Charles and Shirley Savell, 8535 Broadway St, Pearland, TX 77584
Jung H. Kwak, 2621 Sunfish Dr, Pearland, TX 77584
Page 1 of 1
IIFFILF/-tV I I yr rUDLIkJAI IvJN
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy. Emmons, 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, Harris & Galveston Counties, for / issues; as follows:
No / Date C _1-/ 20 03
No. Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20 03
LAURA ANN EMMONS
Notary Pubtic, State of Texas
• Commission Expires 09-09-2006
President
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1110
Published 05/28&06/04/2003
Published May 28 & June 4,
2003
NOTICE '"OF•, A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND. THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 16th day of June, 2003, at
8:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
'earland, Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers bf City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of Jung
H. Kwak, agent for Charles
and Shirley Savell, owner, for
an amendment to the Land
Use and Urban Development
Ordinance of said City from
Classification Suburban
Development District (SD) to
General Business District
(GB) on the following
described property, to wit:
2.389 acres of land, out of Lot
59, of the Allison Richey Gulf
Coast Home Company
Subdivision of the H.T. &
B.R.R. Company Survey No.
20 (FB. Drake), Abstract 506,
8raioria ` County, texas
(Cullen Boulevard north of
FM 518)
At said hearing all interested
parties shall have the "right
and opportunity to appear •
and be heard on the subject
/s/ Theresa Grahmann
Planner I
APPLICATION: NO.1110