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Ord. 509-535 10-08-01 Failed FAILED 10/08/01 ORDINANCE NO. 509-535 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 LOT 47 & 48, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 20, A-506, ACCORDING TO VOLUME 2, PAGE 23, BRAZORIA COUNTY, TEXAS(APPLICATION NO. 993)(CULLEN BOULEVARD @ HAWK ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF DOMINIC TUC VU, 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, Dominic Tuc Vu, Owner, filed on August 6, 2001, 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 10~h of September, 2001, 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 11th day of September, 2001, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Dominic Tuc Vu, Owner, whereby the ORDINANCE NO. 509-535 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 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 regular meeting on October 8, 2001, 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 Dominic Tuc Vu, Owner, 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: Lot 47 & 48, Allison Richey Gulf Coast Home Company Subdivision, Section 20, A- 506, according to Volume 2, page 23, Brazoria County, Texas (Cullen Boulevard @ Hawk Road). 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 2 ORDINANCE NO. 509-535 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. II1. 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 3 ORDINANCE NO. 509-535 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 __ day of ,2001. TOM REID MAYOR ATTEST: YOUNG LORFING CITY SECRETARY 4 ORDINANCE NO. 509-535 PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of ,2001. TOM REiD MAYOR ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CiTY ATTORNEY September 11, 2001 Honorable Mayor and Council Members City Hall Pearland, Texas 7758 t Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 993 R6quest of Dominic Tuc Vu, owner for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to General Business District (GB) on the following described property, to wit: Lot 47 & 48, Allison Richey Gulf Coast Home Co. Subdivision, Section 20, A-506, according to Vol. 2, pg 23, Brazoria Co., TX (Cullen Boulevard ~ Hawk Road) Honorable Mayor and Council Members: At a regular meeting held on September 10, 2001, after a Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Russ Selemon and seconded by Commissioner Todd Iocco to table Zoning Application No. 993 until the Steering Committee decision is followed through. Motion to table failed 2 to 2. A motion was then made by Vice-Chairman Glenn to forward Zoning Application No. 993 to City Council for denial, and Commissioner Iocco seconded the motion. Motion to deny passed 3 to 2 (Vice-Chairman Glenn, Commissioner Selemon and Commissioner Iocco voted for the motion to deny, and Chairman Viktorin voted against the motion to deny) This is submitted for your consideration. Planning & Zoning Commission CITY OF PEARLAND ZONE CHANGE APPLICATION revised 5/9/00 Change in Zoning Classification from: ~ to: ~/~ Change in Regulations in Section #: " Specific Use for: * Propertyaddress: (.~u_Jlt?'N 131o'd g, Lot: ¢7 ~ /~'Block: Subdivision: Co~.,4Ny' $~.B~WStoN VF *E-( ~ vletes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: dj ~) °~ - D/-) ¢2 - D ~90 $ Current use of land: ~/6b C tLl'l lt. Proposed use of land with~ requested Owner's mailing ad.ess: ~S~H, Owner's telephone nmber: 7/,~ ~ Agent's name: Agent's mailing address: Agent's telephone number: 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. *On a Specific Use Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be incompatible with current and future uses on properties in my vicinity. Owner's signature: fi.4~ j~'-~ c_ Agent's signature: Feespaid:$ "~('~0'~ Datepaid: (~- ~:~-OJ ~ Received by: ? -Y -- ~,/'"~ ~ Application number: HH'3 ^FF DAV T 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 ~ - Z ~. 20 ~/ No. Date 20_ No. Date 20 __ No. Date 20 No. Date 20 __ Subscribe and sworn to before me this 7_.~ day of G~/-,¢f-- .a"6¢~ ,:~~&,sM. -9~l~ner ~ AN N~atd~'?~xas ~ ~X ~t AFF[DA¥ i ©F PUBL CAT ©N 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 ~'Z'~ 20 O/ No. Date 20 __ No. Date 20 __ No. Date 20 __ No. Date 20 __ Subscribe and sworn to before me this. ~ day of 20 ~ ~h ~,~~~~2 N ~ o' S t a~'-°~-~'~'"~a s