Ord. 509-672 08-25-03ORDINANCE NO. 509-672
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 9.7980 ACRES OF LAND, BEING THE EAST %
OF LOTS 11 AND 12 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION, BEING PART OF THE SUBURBAN GARDENS,
SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304,
BRAZORIA COUNTY, TEXAS (COUNTY ROAD 403 (HUGHES RANCH ROAD),
EAST OF CR 94) (APPLICATION NO. 1116) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE
FAMILY DWELLING DISTRICT (RE) AT THE REQUEST OF PAKSIMA GROUP,
AGENT FOR DAVID AND LISA TRAN, 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, Paksima Group, Agent for David and Lisa Tran, Owners, filed on
June 4, 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 21st of July, 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. 509-672
WHEREAS, on the 22nd day of July, 2003, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Paksima Group, Agent for David and Lisa Tran,
Owners, whereby the Commission recommended and approved a change of
classification for the property described in Exhibit "A" from its existing classification of
Suburban Development District (SD) to Estate Lot Single Family Dwelling District (RE);
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
August 11, 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 Paksima Group, Agent for David and Lisa Tran, 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
2
ORDINANCE NO. 509-672
(SD) is hereby for all purposes changed and reclassified as Estate Lot Single Family
Dwelling District (RE); such property being more particularly described as:
9.7980 acres of land, being the east '/ of Lots 11 and 12 of the Allison Richey
Gulf Coast Home Company Subdivision, being part of the Suburban Gardens,
situated in the H.T. & B.R.R. Company Survey, Abstract 304, Brazoria County,
Texas (County Road 403 (Hughes Ranch Road), east of CR 94).
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. 509-672
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 llth day of
August , 2003.
c---------)o),-4/1-2"
TOM REID
MAYOR
4
ORDINANCE NO. 509-672
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
25th day of August , 2003.
ATTEST:
APPROVED AS TO FORM:
0,o/t-1..L. /( (137k
DARRIN COKER
CITY ATTORNEY
REID
MAYOR
P,
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JUN 04' 03 ? 6 : 00 No . 005 F' .01
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APPLICATION FOR
A CHANGE IN ZONING
City of Poe; ir'1. f C
Community Development
3519 Liberty C» ive
Peariand, Texas 77681
2Si-652-' (339
281-652-17W fax
www.ci.pearland.tx-.us
Please check one:
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Change in Zoning Classification from (list current zoning) (list proposedrpl;t+t4i
LI Specific Use Permit Request for (list propaaad Cab)
Property Information,
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Address:--�
Subdivision:
Tax 1.D. Number:
" For unplatted property, attach a copy of the metes and bounds description"*
Lot:.. - Block:_.
Current use of property
(type of structures on property):___^__. -.--------
Proposed use of property:____ ___._
NFORMATION: APPLICANT/AGENT INFORMATION:
PROPERTY OWNER INAME S r ' 4 4___L _. _,,,, - --
NAME I-�tc:t.t./�-'
ADDRESS 0 f r:
ADDRESS c� � "�' _ CITY STATF r ZIP-, 4- `21:
CITY PHONEL l_ ...). -..� --
PHONE( , FAx(lj...) ; �1 • 1 ,�. r //
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FAX( ) 1'f'R.•'p..1ci��: OWE -MAIL ADDRESS_________:---
E-MAIL ADDREss_ 1
PETITION: As owner/agent, I hereby petition the City of Peariand for approval of the above described
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as provided for by the laws of the State of Texas and ordinances
s property ehty ulty pon� whichf Il ��3`f��rE
request is a true
certify to the best of my knowledge
that I understand that Idsrr+cf�lly responsible for the correctness v; the
requested the above checked action.
Owner's Signature: - date:_ 64 D `� —
legal description given.
Agent's Signature:
OFFICE USE ONLY: '7_____
FEES PAID:
RECEIVED BY:_
Date: t() ' S.
DATE PAID: 6-£"03
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Zone Change Application No. 1116
0 200 400 Feet Lisa and David Tran/Paksima Group
County Road 403, east of County Road 94
(SD - RE)
11111
W+E
July 22, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1116
Request of Paksima Group, agent for Lisa and David Tran, owners for an amendment to the
Land Use and Urban Development Ordinance of said City from classification Suburban
Development District (SD) to Estate Lot Single Family Dwelling District (RE) on the following
described property, to wit:
9.7980 acres of land, being the east V2 of Lots 11 and 12 of the Allison Richey Gulf Coast Home
Company Subdivision, being part of the Suburban Gardens, situated in the H.T. & B.R.R.
Company Survey, Abstract 304, Brazoria County, Texas (County Road 403 (Hughes Ranch
Road), east of CR 94)
Honorable Mayor and Council Members:
At a regular meeting held on July 21, 2003, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Robert Scherrer made a motion to forward Zoning Application No. 1116 to City
Council for approval with a second made by Commissioner Ray Bacon.
Motion to approve passed 5 to 0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc:
Lisa and David Tran, 10522 Sagepark, Houston, TX 77089
Paksima Group, 203 Aurora St, Houston ,TX 77008
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 7-2 20. e3
No Date 20
No Date 20
No Date 20
No Date 20
Subscribe and sworn to before me this
200.3
President
day of
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.1116
Published 07/02 & 07/09/2003
Publish July 2 & July 9, 2003
0
Y
J.
)f
s,
at
er
NOTICE OF A JOINT
PUBUC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 21st day of July, 2003, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, 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 request of
Paksima. Group, agent for
David and Usa Tran, owners,
for an ,amendment to the
Land Use and Urban
Development Ordinance of
said City from Classification
Suburban Development
District (SD) to Estate Lot
Single Family Dwelling
District (R-E) on the following
described property, to wit:
9.7980 acres of land, being
the east 1/2 of Lots 11 and 12
of the Allison Richey Gulf
Coast Home Company
Subdivision, being part of the
Suburban Gardens, situated
in the H.T. & B.R.R. Company
Survey, Abstract 304,
Brazoria County, Texas
(County Road 403 (Hughes
Ranch Road), east of CR 94)
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'.1118`
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 I-- 1 20._.
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 Public, State of Texas
Commission Expires 09-09-2006
President
7io day of 7-4
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No.1116
Published 07/02 & 07/09/2003
Publish July 2 & July 9, 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 21st day of July, 2003, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, 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 request of
Paksima Group, agent for
David and Lisa Iran, owners,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City from Classification.
Suburban Development
District (SD) to Estate Lot
Single Family Dwelling
District (R-E) on the following
described property, to.
9.7980 acres of land, being
the east 1/2 of Lots 11 and 12
of the Allison Richey Gulf
Coast " Home'' Company
Subdivision;'being, part of the
Suburban Gardens, situated
in the H.T. & B.R.R. Company
Survey,; Abstract 304,
Brazoria County, Texas
(County Road 403 (Hughes
Ranch Road), east of CR 94)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Is/ Theresa Grahmann
Planners
APPLICATION NO. 1116