Ord. 509-703 03-22-04ORDINANCE NO. 509-703
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 0.7849 ACRES, SITUATED IN THE J. W.
MAXEY SURVEY, ABSTRACT 721, BRAZORIA COUNTY, TEXAS (LOCATED
AT 3618 WEST STERLING DRIVE) (APPLICATION NO. 1149) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF TAN-VINH THAI
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, Tan-Vinh Thai, Owner, filed on January 5, 2004, 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 February, 2004, 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 23rd day of February, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Tan-Vinh Thai, Owner, whereby the
1
ORDINANCE NO. 509-703
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 Single Family Dwelling District (R-1); 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
March 8, 2004; 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 Tan-Vinh Thai, 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:
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 Single Family Dwelling
District (R-1), such property being more particularly described as:
0.7849 acres, situated in the J. W. Maxey Survey, Abstract 721, Brazoria County,
Texas (Located at 3618 West Sterling Drive).
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ORDINANCE NO. 509-703
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.
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.
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ORDINANCE NO. 509-703
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
March , 2004.
ATTEST:
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TOM REID
MAYOR
4
ORDINANCE NO. 509-703
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
22nd day of Marrh , 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
Please check one:
Ni
Change in Zoning Classification from: S D to:
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: 36/c9 A.Y/e2i
J
Subdivision: 64-elll I Y15 E 5-1-a.Lot: Block:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): VticaI +
Future/proposed use of property and reason for zone change: S 1 no re -am
(Sldetitct.
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME ��4,1/- AV jhli/- NAME
ADDRESS o200Z t4mi 6n /At 62-7 ADDRESS
CITY QGI "I ' ,i STATE 7,b ZIP 7 7S -7 CITY STATE ZIP
PHONE(. / ) 3 2 — U 1ST 1 PHONE( )
FAX(
E-MAIL ADDRESSqrt/;IX7) /iv1 69.-7
FAX(
E-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: ^ 1(Date: 0/ /®r / 0
Agent's Signature: Date:
OFFICE USE ONLY: FEES PAID: I'd %$ °O DATE PAID: 1-5 -OS4
RECEIVED BY: d — APPLICATION NO. jl q-9
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LOCATION MAP
Zone Change Application No. 1149
Owner: Tan-Vinh Thai
3618 W. Sterling Drive
(SD - R1)
W+E
0 200 400 Feet
hill
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 /' ,2/3 20 O fL
No Date 20
No Date 20
No Date 20
No. Date 20
V4147zipt
President
Subscribe and sworn to before me this day of
▪ LAURA
• Notary P
"Qt ,t Commis i
NN EMMONS
c, State
xpires ,• r"t06
aura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 28 & Feb. 4,
2004
NOTICE OF _A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL. AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
APPLICATION NO. 1149
Notice is hereby given that on
February 16, 2004, 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 request of Tan-
Vinh Thai, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
classification Suburban
Development District (SD) to
Single Family Dwelling
District (R-1), on the follow-
ing described property, to
wit:
A parcel of land, containing
an area of 0.7849 acre more
or less situated in the J.W.
Maxey Survey, Abstract
721, Brazoria County,
Texas and being more par-
ticularly described by metes
and bounds as follows:
Bearings based on the
Southerly right-of-way line
of WEST Sterling Drive,
being South 89 degrees 40
minutes 00 seconds East;
BEGINNING at a point on
the centerline of WEST
Sterling Road (60 foot right-
of-way) being the Northwest
corner of a tract of land
recorded in Brazoria County
Clerk's File No.
2003019835, same being
the Northeasterly corner of
the herein described tract of
land;
THENCE, South 00 degrees
01 minutes 27 seconds
East, along the Easterly line
of herein described tract of
land, being the Westerly line
of a said tract recorded in
Brazoria County Clerk File
No. 2003019835, passing at
a distanoe of 30.00fe'et a
1/2 inch iron rod found on
the Sutt15erty r�jt t 4r
line of West" Silent/dye,
passing at a distance of
217.93 feet a 5/8 inihirgn
rod found for reference,
continuing for a. total dis-
tance of 262.93 feet to a
point for the Southeasterly
corner of, herein described
tract of land;
THENCE, North 89 degrees
43 minutes 58 seconds
West, along the Southerly
line of herein described tract
of land, being parallel to the
centerline of a ditch, a dis-
tance of-130.00 feet to a
point for the Southwesterly
corner of herein described
tract of land;
THENCE, North 00 degrees
01 minutes 27 seconds
West, along the Westerly
line of herein described tract
of land, being the Easterly
line of a tract recorded in
Brazoria County Clerk File
No. 9701.2606, Ong at a
distance of 48 feet a point`
from which a found 1 inch
angle iron bears South 00
degrees 01 minutes East, a
distance of 0.82 feet, pass-
ing at 233.08 feet a 5/8 inch
iron rod, found; on the
Southerly right-of-way line
of West Sterling Drive, con-
tinuing for a total distance of
263.08 feet to a point for the
Northwesterlycorner of
herein described.tract of
land;
THENCE, South 89 degrees
40 minutes 00 seconds
East, along the Northerly
line of hers► described tract
of land, along the centerline
of West Sterling Drive, a
distance of 130.00 feet to
the POINT OF BEGINNING
containingan areag of
0.7849 acres, more or less.
(Located at 3618 West
Sterling Drive)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
ject
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
,
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of generalN
in issues, as folio
circulation in Brazoria, Harris & Galveston Counties, for
No. Date
No. Date
No. Date
No. Date
No. Date
Ja
Subscribe and sworn to before me this
20
.w ...........-............,...
•
• LAURA ANN EMMONS
•• Notary Public, State of Texas
• `a• , ,�+� Commission Expires 09-09-2006
e
20
20
20 --
20
20
-teday of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
BEGINNING at a point on the
centerline of WEST Sterling
Road (60 foot right-of-way)
being the Northwest corner of
a tract of land recorded in
Brazoria County Clerk's File
Published Jan. 28 & Feb. 4,
2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
APPLICATION NO. 1149
Notice is hereby given that on
February 16, 2004, 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 request of Tan-
Vinh Thai, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
classification Suburban
Development District (SD) to
Single Family. Dwelling District
(R-1), on the following
described property, to wit:
A parcel of land, containing
an area of 0.7849 acre more
or less situated in the J.W.
Maxey Survey, Abstract 721,
Brazoria County, Texas and
being more particularly
described by metes and
bounds as follows:
Bearings based on the
Southerly right-of-way line of
WEST Sterling Drive, being
South 89 degrees 40 minute
00 seconds East;
No. 2003019835, same being
the Northeasterly corner of
the herein described tract of
land;
THENCE, South 00 degrees
01 minutes 27 seconds East,
along the Easterly line of
herein described tract of land,
being the Westerly line of a
said tract recorded in Brazoria
County Clerk File No.
2003019835, passing at a dis-
tance of 30.00 feet a 1/2 inch
iron rod found on the
Southerly right-of-way line of
West Sterling Drive, passing
at a distance of 217.93 feet a
5/8 inch iron rod found for ref-
erence, continuing for a total
distance of 262.93 feet to a
point for the Southeasterly
corner of herein described
tract of land;
THENCE, North 89 degrees
43 minutes 56 seconds West,
along the Southerly line of
herein described tract of land,
being parallel to the centerline
of a ditch, a distance of
130.00 feet to a point for the
Southwesterly corner of here-
in described tract of land;
THENCE, North 00 degrees
01 minutes 27 seconds West,
along the Westerly line of
herein described tract of land,
being the Easterly line of a
tract recorded in Brazoria
County Clerk File No.
97012606, passing at a dis-
tance of 45 feet a point from
which a found 1 inch angle
iron bears South 00 degrees
01 minutes East, a distance of
0.82 feet, passing at 233.08
feet a 5/8 inch iron rod, found
on the Southerly right-of-way
line of West Sterling Drive,
continuing for a total distance
of 263.08 feet to a point for
the Northwesterly corner of
herein described tract of land;
s
THENCE, South 89 degrees
40 minutes 00 seconds East,
along the Northerly line of
herein described tract of land
along the centerline of Wes
Sterling Drive, a distance o
130.00 feet to the POINT OF
BEGINNING containing ar
area of 0.7849 acres, more of
less.
(Located, at 3618 4Vest
Sterling Drive)
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
February 23, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1149
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Suburban Dwelling District (SD) to Single Family Dwelling District (R-1) on the following
described property, to wit:
Legal Description: 0.7849 acres, situated in the J.W. Maxey Survey, Abstract 721, Brazoria County,
Texas (Located at 3618 West Sterling Drive)
At a regular meeting held on February 16, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Zone Change Application No. 1149 to City
Council for approval with a second made by Commissioner Linda Cowles.
Motion to approve passed 6-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Owner:
Tan-Vinh Thai
82132 Crimson Lake Lane
League City, Texas 77573
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