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Ord. 509-673 09-29-03ORDINANCE NO. 509-673 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 8.84 ACRES, TRACT NO. 17 OF THE H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 309, BRAZORIA COUNTY, TEXAS (SOUTH SIDE OF FM 518, AND WEST OF CULLEN BOULEVARD) (APPLICATION NO. 1120) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE REQUEST OF CHENG-HUEY SU, TRUSTEE, 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, Cheng-Huey Su, Trustee, filed on July 22, 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 18th of August, 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 WHEREAS, on the 21st day of August, 2003, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Cheng-Huey Su, Trustee, 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 1 ORDINANCE NO. 509-673 (SD) to General Business (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 September 8, 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 Cheng-Huey Su, Trustee, 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 (GB), such property being more particularly described as: 8.84 acres, Tract No. 17 of the H.T.& B.R.R. Company Survey, Abstract 309, Brazoria County, Texas (South Side of FM 518, and west of Cullen Boulevard). 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. 2 ORDINANCE NO. 509-673 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 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 8th day of September , 2003. 3 ORDINANCE NO. 509-673 TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 29th day of September , 2003. ATTEST: APPROVED AS TO FORM: Q„,_ n, GE — DARRIN M. COKER CITY ATTORNEY ‘)-. .----------4)ehd SA-7P TOM REID MAYOR. 4 JUL 21 2003 16:22 FR CITY OF PEARLAND 281 652 1702 TO 82812426672 P.02 Ms . APPLICATION FOR A CHANGE 1N ZONING Please check one: ZC Change in Zoning Classification from: 6D (list currant zoning) ❑ Specific Use Permit Request for : gist proposed use) oLP c-Hocot'ATt ..$.ayou kP Cc 9,92) HI ; 8, aq a) Property Information: Address: 5 ''°-` FM 5 t e Subdivision: Tax I.D. Number:P\ t 6 3 59 " For unplatted property. attach a copy of the metes and bounds description** City of Peartand Community Development 3519 Liberty Drive Peariand, Texas 77581 281-652-1639 281-652-1702 fax www.ci.peariand.tx.us to° cz MMEgt(AL (list proposed zoning) 0) 13L 3 Current use of property (type of structures on property): Proposed use of property: Lot: Block: CcB-rk414.-eJz ci. PROPERTY OWNER INFORMATION: NAME�i.¢for Fi u.ai Cic c Cr`ru -e-) ADDRESS /0 2, PE6 61. 6: 15lZo©k e-T. CITY su&A - L,► DSTATE T , ZIP ? 74-79- 3 935 PHONEC I ) 242-- 6 6. ( I FAx( 281 ) 2 4 z - 61 2. E-MAIL ADDRESS___ APPLICANT/AGENT INFORMATION; NAME 54c (,L L4 ) ADDRESS CITY Su A L4-N,ip STATE TX ZIP -17({7 -3/3t PHONE(2e/ ) Z4Z- 66-11 FAX( Z$I ) z4- z- 672 E-MAIL ADDRESS PETITION: As ownertagent, I hereby petition the City of Peartand for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Peariand. 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, Owners Signature: 4-- i - (T A6) Date: 7/a l /o 3 Agent's Signature: s o,J Date: OFFICE USE ONLY: FEES PAID: IPa15°° DATE PAID:, -vt o) -Q 3 RECEIVED BY: 71-' APPLICATION NO. / /ao N 133 Broadway ST 0 200 400 Feet LOCATION MAP Zone Change Application No. 1120 Cheng-Huey Su (Trustee), Owner South Side of FM 518, west of Cullen Boulevard (SD - C) W+E August 21, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1120 Honorable Mayor and Council Members: Request of Cheng-Huey Su, Trustee for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Commercial District (C), on the following described property, to wit: 8.84 acres, Tract No. 17 of the H.T.& B.R.R. Company Survey, Abstract 309, Brazoria County, Texas (South Side of FM 518, and west of Cullen Boulevard) At a regular meeting held on August 18, 2003, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Don Sederdahl made a motion to forward Zoning Application No. 1120 to City Council for denial with a second made by Commissioner David Ransom. Mr. Su stated he would like to change his zoning request from Commercial District to General Business District. Commissioner Don Sederdahl made a motion to forward Zoning Application No. 1120 as General Business District to City Council for approval with a second made Commissioner David Ransom. Motion to approve passed 6-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Cheng-Huey Su, Trustee 102 Pebblebrook Court Sugar Land, Texas 77478-3935 Page 1 of 1 AFFIDAVIT OF PUBLICATION 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 1 • .D 20 3 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 President day of Laura Ann Emmons, Publisher Notary Public, State of Texas Joint Public Hearing - Application No. 1120 Published 07/30 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 18th.day: of August, 2003, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland,'in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the requesH of Cheng•Huey Su, owner, for an amendment to the Land Use and Urban Development Ordinance of said City 'from Classification Suburban Development District (SD) to Commercial District (C) on the. following described prop- erty, to wit: 884 acres, Tract No. 17 of the H.T.& B.R.R. Company Survey, . Absttact 309, Brazoria County, Texas(South of Cullen 8 uleva f FM 518, west At said hearing all interested parties shall have the right andopportunity to appear and be heard on the subject. Is/ Theresa Grahmann Planner APPLICATION NO. 1120 AFFIDAVIT OF PUBLICATION 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 4 20 al No. Date '20 No. Date '20 No. Date 20 No. Date 20 Subscribe and sworn to before me this day o 2003 LAURA ANN EMMONS Notary Public, State of Texas . Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Joint Public Hearing - Application No.1120 Published 07/30/03 & 08/06/2003 Published July 30 & Aug. 6, 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 18th day of August, 2003, at 6:30 p.m, the City Council and Planning and Zoning Commission of the. City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, TelXas, on the request of Cheng-Huey Su, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburbar Development District (SD) to Commercial District (C) on the following: described prop- erty;'to wit: 8.84 acres, Tract No. 17 of the H.T.& B.R R, Company Survey, Abstract 309, Brazoria County, Texas (South Side of FM 518, west of Cullen Boulevard) At said hearing all interested parties shall have the right. and opportunity to appear and be heard on the subject. is/ Theresa Grahmann Planner I