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Ord. 2000M-0109 2013-10-28ORDINANCE NO. 2000M-109 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 0.3727 ACRES OF LAND, BEING A PART OF RESERVE "A", IN THE REPLAT OF CORRIGAN ADDITION, SECTION ONE, ACCORDING TO THE PLAT AS RECORDED IN VOLUME 11, PAGE 97-98, PLAT RECORDS, BRAZORIA COUNTY, TEXAS, SITUATED IN THE H. T. & B RAILROAD COMPANY SURVEY, ABSTRACT 240, BRAZORIA COUNTY, TEXAS; AND 0.2548 ACRES OF LAND, OUT OF RESERVE "B", IN THE REPLAT OF CORRIGAN ADDITION, SECTION ONE, ACCORDING TO THE PLAT AS RECORDED IN VOLUME 11, PAGE 97-98, PLAT RECORDS, BRAZORIA COUNTY, TEXAS, SITUATED IN THE H. T. & B RAILROAD COMPANY SURVEY, ABSTRACT 240, BRAZORIA COUNTY, TEXAS (LOCATED AT 5306 BROADWAY ST., PEARLAND, TX.) ZONE CHANGE 2013-14Z, A REQUEST OF JAWAD HUSSAIN, APPLICANT AND OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE NEIGHBORHOOD SERVICE (NS) ZONE TO THE GENERAL BUSINESS (GB) ZONE, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Jawad Hussain, applicant and owner, filed an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a change in the zoning district from Neighborhood Service (NS) to General Business (GB); 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 more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 16th day of September, 2013, 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 hereto and made a part hereof for all purposes as Exhibit "C", said call and notice being in strict conformity with provisions of ORDINANCE NO. 2000M-109 Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 16th day of September, 2013, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed zone change application of Jawad Hussain, applicant and owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Neighborhood Service (NS) to General Business (GB), said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D"; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meeting(s) on the 14th day of October, 2013 and; 28th day of October 2013; 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 Jawad Hussain, applicant and 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: Section I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently classified as Neighborhood Service (NS) to General Business (GB), in accordance with all conditions and requirements of the current Unified Development Code and incorporated for all purposes, such property being more particularly described as: Page 2 of 5 Ord. No 2000M-109 ORDINANCE NO. 2000M-109 LEGAL DESCRIPTION: 0.3727 ACRES OF LAND, BEING A PART OF RESERVE "A", IN THE REPLAT OF CORRIGAN ADDITION, SECTION ONE, ACCORDING TO THE PLAT AS RECORDED IN VOLUME 11, PAGE 97-98, PLAT RECORDS, BRAZORIA COUNTY, TEXAS, SITUATED IN THE H. T. & B RAILROAD COMPANY SURVEY, ABSTRACT 240, BRAZORIA COUNTY, TEXAS; AND 0.2548 ACRES OF LAND, OUT OF RESERVE "B", IN THE REPLAT OF CORRIGAN ADDITION, SECTION ONE, ACCORDING TO THE PLAT AS RECORDED IN VOLUME 11, PAGE 97-98, PLAT RECORDS, BRAZORIA COUNTY, TEXAS, SITUATED IN THE H. T. & B RAILROAD COMPANY SURVEY, ABSTRACT 240, BRAZORIA COUNTY, TEXAS GENERAL LOCATION: 5306 BROADWAY ST., PEARLAND, TX Section 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. Section 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. Section 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. Page 3 of 5 Ord. No 2000M-109 Section 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. Section VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Zoning District Map of the City, pursuant to the provisions of Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein granted for the reclassification of the herein above described property. Section 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 October, 2013. ATTEST: 0-10 TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of October, 2013. ATTEST: .4%,,titttt4Md.`S --===)%Yit./ TOM REID MAYOR ORDINANCE NO. 2000M-109 APPROVED AS TO FORM: "ARRIN M. COKER CITY ATTORNEY Page 5 of 5 Ord. No 2000M-109 Current Zoning District: Ordinance No. 2000M-109 Exhibit "A" ZONE CHANGE APPLICATION Page 1 of 4 Updated October 2012 City of Pearland APPLICATION FOR Community Development 3523 Liberty Drive A CHANGE IN ZONINGPearaond mmuniTex s Center)51 281-652-1768 281-652-1702 fax www.cityofpearland.com Proposed Zoning District: Property Information: Address or General Location of Property: .c..90‘ 2 r G' LL cl u..i ti y F /1'l S /3 Pen rIe r,c 7 77.5'd/ Tax Account No. 0.2. i © t7G2/ 3 t9eci Subdivision: R e s e rve S .6, ri-/‘,2 n Nt PT'Lot: 71 / Block: A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME kT�Lt(iGZd I-��.SS i 1 NAME —I&u-a..d iSSA in ADDRESS /03.33 Ma...r. ke.i St ADDRESS /O3'3 i M k Sr: Rds CITY R int n STATE TX ZIP 77029 CITY 1-149 c f0A STATE TA ZIP 7 7oxq PHONE( 7 /3 ) 7_2- - 7 y- 9 4 PHONE( 713 ) 6 7 2- 7 9 4 FAX( ) FAX( E-MAIL ADDRESS ,Ta tc' 0.d j 330 E-MAIL ADDRESS Xi._ wet- d 3 6 y'.. A eo , t vm `Property owner must be the current owner of the property at the time of submittal of the application, and not the party that has the property under contract, As owner and applicant, I hereby request approval of the above described request as provided for by the Unified Development Code of the City of Pearland. Owner's Signature: Date: kO kc • , Agent's/Applicant's Signature: Date: OFFICE USE ONLY: FEES PAID: 1160- c -V DATE PAID: )o 11 RECEIVED BY: J RECEIPT f / j NUMBER: 10 `�� Application No. ?0^,t'X 2013-14Z October 18, 2012 Jawad Hussain Property owner 5304 and 5306 Broadway FM 518 Pearland, Texas 77581 City of Pearland Community Development 3523 Liberty Drive Pearland, TX 77581 lam requesting a zoning change concerning the property at the above addresses. I am enclosing a copy of the 2011 Tax statement and the Application for a change in zoning. I am asking the zoning to be changed from NS to GB. Thank you for your attention to this matter, Jawad Hussain 1 can be reached at: 713-672-7494 10333 Market Street Houston, TX 77029 FARM TO MARKET ROAD 518 N 87°20'40" E 133.08' N 87°20' 40" E 111.00' K C e Va e0 JR4, s tia�s���o. E3 FAD 5/8- RON R00 Nwc CALLED 0.253 AC. TR. 0 -J 0 cv0 / C ASPHALT DRIVE & PARKRC C/ Q\\ DOC N0. 2008031887 \� ORRRPSCT SURVEYS 0.2548 ACRES • UST NATURAL CAS CORP EASEMENT 11, PC. 97 & 98 P8807 • CONCRETE N 0 Z\ 90.2 0 90.2 No 5/8" R0N ROD 11 SET 1/2" RON ROO " IAC nvs/AREA I S 67"20' 40" W 111.00' a1 e O DOC N0. 2008031888 • ORRP8CT /fh SET 1/2" RON R00 / /haa / LOT A-1 CORRIGAN PLAZA, SEC. 1 REPLAT NO. 1 DOC NO. 2008043428 ORRPBCT SURVEYS 0.3727 ACRES RESIDUE 0.440 AC. TR. FND 0/8" PON R00 07 1" _ 50' FIDELITY NATIONAL TITLE INSURANCE COMPANY GF NO. FTH-38F-fTH11007180AA SURVEY MAP SHOWING A 0.2548 ACRE TRACT. OUT OF RESERVE "8" IN THE REPLAT OF CORRIGAN ADDITION, SECTION ONE, ACCORDING TO THE PLAT AS RECORDED IN VOLUME 11, PAGE 97 - 98, PLAT RECORDS. BRAZORIA COUNTY, TEXAS, AND A 0.3727 ACRE TRACT. BEING A PART OF A 0.440 ACRE TRACT, AS DESCRIBED IN DOCUMENT NUMBER 2008031888, OFFICIAL RECORDS OF REAL PROPERTY, BRAZORIA COUNTY, TEXAS, SITUATED IN THE H. T, & 8. RAILROAD COMPANY SURVEY, ABSTRACT 240. BRAZORIA COUNTY, TEXAS. This survey was mode on the ground on August 22, 2011, under my supervision. and conforms to the Texos Professional Land Surveying Practices Act and the General Rules of Procedures and Practices of the Texas Boord of Professionol Land Surveying, cs revised June 2006. Freddy A. Gormly; Registered Professional Lond Surveyor No. 1918 P. 0. Box 862, Alvin, Texos 77512-0862 Phone (281) 331-0883 SOURCE OF BEARING BASED ON THE TEXAS COORDINATE SYSTEM OF 1983(SOUTH CENTRAL ZONE) AS COMPUTED FROM GPS OBSERVATIONS. Freddy A. Cormly hos not performed on Abstroct of Title on the above surveyed property. This tract subject to the following eosements: Houston Pipeline Company R -0-W in Volume 288, Page 337, Deed Records. Brazoria County, Texas. Houston pipeline Carrpony R -O -W in Volvre 856, Poge 567, Deed Records, Brazoria County, Texas. Texas Pipeline Curpony R -O -W in Volume 412, Poge 265, Deed Records. Brazoria County Texos. THIS DOCUMENT IS PART OF A PROFESSIONAL LAND SURVEYING REP9RT.CONSISTING OF THIS MAP AND A METES AND BOUNDS DESCRIPTION. GPS & DATA CCL ECTOR '1-1�t GORMLY SURVEYING REGISTERED PROFESSIONAL LAND SURVEYORS P. 0. BOX 862, ALVIN, TEXAS, 77512-0862 PHONE (281) 331-0883 METES AND BOUNDS 0.3727 acres of land, being a part of Reserve "A", in the Replat of Corrigan Addition, Section One, according to the plat as recorded in Volume 11, Page 97 — 98, Plat Records, Brazoria County, Texas, situated in the H. T. & B. Railroad Company Survey, Abstract 240, Brazoria County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point for the northeast corner of Reserve "B" of the Replat of Corrigan Addition, Section One, in the south line of Farm to Market Road 518(100' ROW); THENCE North 87 deg. 20 min. 40 sec. East along and with the south line of Farm to Market Road 518, a distance of 133.08 feet to a % inch iron rod found for corner and the beginning of a curve to the right; THENCE 35.39 feet along the arc of said curve, having a radius of 20.0 feet, delta = 101 deg. 23 min. 06 sec., a chord of 30.95 feet bearing South 41 deg. 57 min. 47 sec. East to a 5/8 inch iron rod found for corner of another curve to the right; THENCE 99.05 feet along the arc of said curve, having a radius of 121.25 feet, delta = 46 deg. 48 min. 13 sec., a chord of 96.32 feet bearing South 32 deg. 17 min. West to a 5/8 inch iron rod found for comer of another curve; THENCE 72.44 feet along the arc of said curve, having a radius of 206.50 feet, delta = 20 deg. 05 min. 53 sec., a chord of 72.06 feet bearing South 45 deg. 27 min. 09 sec. West to a `/z inch iron rod set for the South corner of the herein described tract, being the east corner of Corrigan Plaza, Section 1, as recorded in Document 2008043528, Official Records of Real Property, Brazoria County, Texas; THENCE North 43 deg. 21 min. 12 sec. West, along and with a lower east line of Lot A- 1 of Corrigan Plaza, Section 1, a distance of 67.3 feet to a %2 inch iron rod set for angle point, being the southeast corner of a called 0.253 acre tract, in the east line of Reserve "B", Replat of Corrigan Addition Section One; THENCE North 02 deg. 39 min. 20 sec. West, along and with the east line of said Reserve "B", a distance of 100.0 feet to the PLACE OF BEGINNING and containing 0.3727 acres of land. METES AND BOUNDS WRITTEN AUGUST 22, 2011 BY: • Freddy A. Gormly Registered Professional Land Surveyor No. 1918 GORMLY SURVEYING REGISTERED PROFESSIONAL LAND SURVEYORS P. O. BOX 862, ALVIN, TEXAS, 77512-0862 PHONE (281) 331-0883 METES AND BOUNDS 0.2548 acres of land, out of Reserve "B", in the Replat of Corrigan Addition, Section One, according to the plat as recorded in Volume 11, Page 97 — 98, Plat Records, Brazoria County, Texas, situated in the H. T. & B. Railroad Company Survey, Abstract 240, Brazoria County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the northwest corner of the herein described tract, in the south line of Farm to Market Road 518(100' ROW); THENCE North 87 deg. 20 min. 40 sec. East along and with the south line of Farm to Market Road 518, a distance of 111.0 feet to a point for the northeast corner of Reserve "B", Replat of Corrigan Addition, Section One; THENCE South 02 deg. 39 min. 20 sec. East, along and with the east line of said Reserve "B", a distance of 100.0 feet to a ''A inch iron rod set for the southeast corner of the herein described tract; THENCE South 87 deg. 20 min. 40 sec. West, along and with a lower north line of Lot A-1 of Corrigan Plaza, Section 1, a distance of 111.0 feet to a''/ inch iron rod set for the southwest corner of the herein described tract, and a interior corner of said Lot A -l; THENCE North 02 deg. 39 min. 20 sec. West, along and with a east line of said Lot A-1, a distance of 100.0 feet to the PLACE OF BEGINNING and containing 0.2548 acres of land. METES AND BOUNDS WRITTEN AUGUST 22, 2011 BY: Freddy A. Gormly Registered Professional Land Surveyor No. 1918 5306 BROADWAY ST, PEARLAND, TX 77581 - Google Maps Go 'gle Page 1 of 1 ITo see all the details that are visible on the screenuse the `Print" fink next to the map http://www.google.com/maps?q=5306+BROADWAY+ST,+PEARLAND,+TX+77581&ie=UTF... 10/18/2012 Map Page 1 of 1 Brazoria CAD Property Search Map Search Property Search Results > Property ID 166300 HUSSAIN JAWAD for Year 2011 Dtt Map Account • Location Property ID: 1663:0 Situs Address: 5235 BROA3WV Geo. ID: 0240001.ag Type: Real Neighborhood: COMM 4.CCTS legal Description: Ai37.40 T EL 6 RT(PEAR_ANCl, Mapsco: TRACT il,ESERVE 6 COR AS E V.:, ACRES C.253 Jurisdictions: 1:4:. FLE.'1,3 Siav { Parcels Group Akstracts _ Lints lakes Stith Cunt/ DISCLAIMER Owner Owner Marne 4iA3 Hailing Address: , 0333 MAPKE" 37Er sOJSTON: TX 7752E343 tia; Earzii Property Appraised Value: 5:9€570 ine289 •eip CD 2011 LPS True Automation https://propaccess.trueautomation.com/Map/View/Map/51/166300/2011 10/18/2012 CITY OF KEArILAS) REPRIIT IH Cll Tf E2 RECEIPT i.. Oper: A6012ALES Type: OC Drawer: 1 Date: 11/19/12 61 Receipt so: 21664 Description BOARD OF AD3LomatUST1lnITS R 1.66 $756.06 Tress somber: 3669992 ZONE CRUSE 2612-142 MAIN EROS. INC 16333 IAREET kr 713.672.7494 Tender detail CI MCI Total tendered Total payment Trams date: 11/19/12 4761 $756.06 $756.06 $756.06 Time: 14:28:33 DUPLICATE TAX RECEIPT RO'VLN GARRETT, RTA BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Certified Owner: HUSSAIN JAWAD 10333 MARKET STREET RI) HOUSTON , TX 77029-2343 Iieposlt No: 1 1 24 1 1 030919 S alidation No: 153 Account No: 0244-0013-0110 Operator Code: SAN:? car Tat Boit Name 2011 Hrar(5ria (' wn '011 Special Road & BridE: 2011 Pearland Iyd 2n11 Prvori:f Prairrogo Piss a Of PearL al Clie-IiNumnertst: 00004633 Exemptions on this property: Tax t'alnt ?AVER_ HUSSAIN JAWAD 10333 MARKET STREET RD HOUSTON , TX 77029-2343 i46,671i (1.4:3101 81245 96,670 0.060000 111.00 196.610 1.4194041 2,79(.53 Q6 67(1 (I 1 S(,1A5o 306.'' I 196.670 0.6.95100 1147.19 t 1i LeVI Deseription: A0240 H T& B R R (PEARLANDI, TRACT RESERVE B CORRIGAN NE PT (LT 7D1), ACRES (3:15(1 Prreet Address Legal Acres: 53(1[5 BROAD 0.2500 Remit Rey No: 2u034653 Receipt Date: 0124/2012 Deposit Date: 01/24/2012 Prinz Date: t0113/2012 Printed By: NINAF. Y FM 5i$ Mt! Coll rte: Paid Total 0O) 0_(x1 1(12.45 0 00 0.(X) t IS 00 0.00 ti. 00 2.79(.53 OE() 01x1 1(M.. Mt 0.00 0.00 1,147.19 S0.00 S/Ll16 $1,176.1:4 PAYMENT TYPE: PARTL4L PAYMENT Checks: Total Appried: Change Paid: BALANCE DUE AS OF 10/1X/2012 IS 56.1704.93 S5,376.18 $5,376.18 515.1 11.11, (9701 : --< 1320, (1811 7:56-1320 1of1 21.1.154 ZONE CHANGE APPLICATION Page 4 of 4 Updated October 2012) POSTING OF ZONING NOTIFICATION SIGNS ON PROPERTY UNDER CONSIDERATION FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT) Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP), or a variance shall be required to erect and maintain a sign(s), to be inspected by the City, upon the property for which a variance or zoning change has been requested. Such sign(s) shall be located as follows: (1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting street, or as determined by the City. (2) So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner. (3) So as not to create a hazard to traffic on the public rights-of-way abutting the property. (4) On the subject property at least ten (10) days prior to the hearing of such zoning change request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant. Removal of the sign by the applicant prior to a recommendation by the Planning and Zoning Commission and/or a final decision by the City Council shall constitute a withdrawal of the request. (5) The signs shall be as follows: • A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4 feet • At least 2 feet above the ground • Blue or black lettering that is a minimum of 3 inches by 1/2 inch, on a white background • Message content as follows: 2a rc C' hurt's PROPOSED ( ST) Contact City of Pearland 281-652-1768 *Signs must be professionally made; handwritten signs are not allowed. *Signs must be freestanding and cannot be attached to a tree, fence, or building. ZONE CHANGE APPLICATION Page 2 of 4 Updated October2012) APPLICATION CHECKLIST FOR THE FOLLOWING • Zone Changes • Planned Development Districts (PD) Application. filled out completely, and signed by the owner of the property to be considered for the conditional use permit. —__ If the applicant is the designated agent, the application shall include a written statement from the property owner authorizing the agent to file the application on his behalf. Section 1.2.1.1 (a) of the Unified Development Code. Metes and Bounds Description, (Survey, ora Plat of the property that provides or contains the metes and bounds description). Parcel map, printed from the City of Pearland website, indicating the location and boundaries of the subject property. Letter of Intent, explaining the zone change request in detail and why the zoning is being requested to be changed. and state the uses being proposed *Letter of Intent is not required for a PD. Application fee, as determined below by cash, check made payable to the City of Pearland, or credit card (Visa and MasterCard only) • Zero (0) to less than 25 acres: o $ 750.00 plus $25.00 per each type of zoning district requested, or o $ 800.00 if requesting a Planned Development (PD) 25 to Tess than 50 acres: • $ 800.00, plus $25.00 per each type of zoning district requested; or o $ 850.00 if requesting a Planned Development (PD) • 50 to less than 75 acres: a $ 850.00, plus $25.00 per each type of zoning district requested; or $ 900.00 if requesting a Planned Development (PD) • 75 to less than 100 acres: c $ 900.00, plus $25.00 per each type of zoning district requested; or o $ 950.00 if requesting a Planned Development (PD) • 100 acres and above: o $ 950.00, plus $25.00 per each type of zoning district requested; or c $ 1000.00 if requesting a Planned Development (PD) For PD's Only: the proposed PD document in electronic form by date of application (either emailed or on a CD) (see PD Format for guidelines on how to prepare the PD). ZONE CHANGE APPLICATION Page 3 of 4 Updated October 20 12) El f Acknowledgement of the sign to be posted on the property 10 days prior to the public hearing. • Provide evidence or proof that all taxes and obligations have been paid regarding the subject property. © Application packets that are not complete will not be accepted. When a completed applicatisn packet has been accepted d, r-eviee led, additional information may be required by staff --as_ a result -of -the review, it may be necessary to postpone the proposed CUP/Zone Change and remove it from the scheduled agenda and place it on a future agenda date according to Section 1.2.1.2. of the Unified Development Code. Additional Information: • Upon making an application for a zoning change or conditional use permit, the applicant shall place sign(s) as required. The City shall inspect such sign(s) to ensure compliance as required by the UDC. • After the zoning change or conditional use permit request is approved by the City Council, denied by the City Council, or withdrawn by the applicant, the applicant shall remove the sign from the area of the request within ten (10) days of such event. • It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a zoning change or conditional use permit has been requested. • In the event the applicant shall fail to erect and/or maintain signs in accordance with this section, then the public hearing before the Planning and Zoning Commission/City Council shall be postponed to a date in the future, which would allow time for compliance. • The erection of any sign required by this section shall not require a permit under Section 4.1.2.6 of this UDC. • The owner or applicant shall promptly notify the Planning Department of any sign required by this section, which becomes lost, stolen or vandalized. The Planning and Zoning Commission shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of lost, stolen or vandalized signs. //I 210 ANOH1Nd BROADWAY ST Ord. No. 2000M-109 Exhibit "B" Zoning and Vicinity Map Zone Change 2013-14Z 5306 Broadway St. This product is for information purposes and may not have been prepared for or be suitabl for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. N 0 37.5 75 150 Feet AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 Park Avenue Pearland, Texas 77581 State of Texas Brazoria and Harris Counties Ord. No. 2000M-109 Exhibit "0" 1, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brzoria, Harris and Galveston Counties, for / issues, as follows: No / Date �f 20/1 No. No. No No. Date 20 Date 20 Date 20 Date 20 Subscribe and sworn to before me this LAURA ANN EMMONS NOTARY PUBLIC STATE OF TEXAS My Canmissif Expires 09.09.2014 CFO 81 day of ed. ./„i/✓ 1 fil.ink Laura Ann Emmons, Publisher Notary Public, State of Texas LEG ALS located at 3519 Liberty Drive, Pearland, Texas, at the request of Jawad Hussain, applicant and owner, for approval of a zone change from the Neighborhood Service (NS) zone to the Gen- eral Business (GB) zone for 0.63 acres, more specifically described as: 0.3727 acres of land, being a part of Reserve "A", in the Replat of Corrigan Addition, Sec- tion One, according to the plat as recorded in Volume 11, Page 97-98, Plat Records, Brazoria County, Texas, situated in the H. T. & B Railroad Company Survey, Ab- stract 240, Brazoria County, Texas; and 0.2548 acres of land, out of Reserve `B", in the Replat of Corrigan Ad- dition, Section One, according to the plat as recorded in Volume 11, Page 97-98, Plat Re- cords, Brazoria County, Texas, situated in the H. T. & B Railroad Com- pany Survey, Abstract 240, Brazoria County, Texas; General Location: 5306 Broadway, Pearland, TX At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. For addi- tional information, please contact the Planning Department at 281.652.1768. Harold Ellis City Planner Published Oct. 31, 2012 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COM - F THE CITY OF SION PEARLAND, TEXAS ZONE CHANGE APPLICATION NO. 2012-15Z Notice is hereby given that on November 119, 2012, at 6:30 p. he City Council and Plan- ning and Zoning Com- mission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, public conduct a joint hearing in the Council Chambers of City Hall, To Be Published in the PEARLAND REPORTER -NEWS Wednesday, October 31, 2012 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO. 2012-15Z Notice is hereby given that on November 19, 2012, 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, located at 3519 Liberty Drive, Pearland, Texas, at the request of Jawad Hussain, applicant and owner, for approval of a zone change from the Neighborhood Service (NS) zone to the General Business (GB) zone for 0.63 acres, more specifically described as: 0.3727 acres of land, being a part of Reserve "A", in the Replat of Corrigan Addition, Section One, according to the plat as recorded in Volume 11, Page 97- 98, Plat Records, Brazoria County, Texas, situated in the H. T. & B Railroad Company Survey, Abstract 240, Brazoria County, Texas; and 0.2548 acres of land, out of Reserve "B", in the Replat of Corrigan Addition, Section One, according to the plat as recorded in Volume 11, Page 97-98, Plat Records, Brazoria County, Texas, situated in the H. T. & B Railroad Company Survey, Abstract 240, Brazoria County, Texas; General Location: 5306 Broadway, Pearland, TX At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information, please contact the Planning Department at 281-652-1768. Harold Ellis City Planner Ord. No. 2000M-109 Exhibit "D" Planning & Zoning Commission Recommendation Letter September 17, 2013 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change 2013-14Z Honorable Mayor and City Council Members: At their meeting on September 16, 2013, the Planning and Zoning Commission considered the following: A request of Jawad Hussain, applicant and owner, for approval of a zone change from the Neighborhood Service (NS) zone to the General Business (GB) zone on the following described property: LEGAL DESCRIPTION: 0.3727 acres of land, being a part of Reserve "A", in the Replat of Corrigan Addition, Section One, according to the plat as recorded in Volume 11, Page 97-98, Plat Records, Brazoria County, Texas, situated in the H. T. & B Railroad Company Survey, Abstract 240, Brazoria County, Texas; and 0.2548 acres of land, out of Reserve "B", in the Replat of Corrigan Addition, Section One, according to the plat as recorded in Volume 11, Page 97-98, Plat Records, Brazoria County, Texas, situated in the H. T. & B Railroad Company Survey, Abstract 240, Brazoria County, Texas GENERAL LOCATION: 5306 Broadway St., Pearland, TX Following staff presentation, Commissioner Linda Cowels made the motion to approve, and Commissioner Mary Starr seconded. The vote was 5-1 and the motion passed. Commissioner Tunstall voted against the motion. Sincerely, Harold Ellis, City Planner On behalf of the Planning and Zoning Commission -r AFFIDAVIT OF PUBLICATION ord. ma2000 x ibit C" • • The Pearland Reporter News ' • 1" 2404 Park Avenue Pearland, Texas 77581 �� State of Texas Brazoria and Harris Counties Cd c o Afia I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No. I Date 16 eV 20/1 • • No. Date 20 No. Date 20 • • No. Date 20 No. Date 20 • 144700)1-) • CFO Subscribe and sworn to before me this 81 day of Lo6 C:iii.)LAUNoTARYANN EMMONS • PUBLIC STATE OF TEXAS i.Ihhh1t1 — Laura Ann Emmons, Publisher Notary Public, State of Texas LEGALS I, located at 3519 Liberty;` Drive,•Pearland;Texas;," at the request of Jawad Hussain, applicant and• owner„for, approval of a: zone change from thee: • Neighborhood Service' . (NS):zone'to the Gen " eral.Business(GB)zone for 0 63-•„acres, more specifically `described•. Published"Oct.31,2012-,-; as i ' . '•NOTICE OF A°'JOINT' 03727 acres of land; 'PUBLIC HEARING OF • being apart of"Reserve, ,, ,THE;-CITY COUNCIL °A In'-the:';Replat of :•;.AND THE PLANNING' . Corrigan Addition,-Sec-- AND ZONING CON lion One;'according'to AND OF THE CITY the plat as-recorded in. t OF" PEARLAND, Volume 11,'Page"97-96,' T• EXAS . • Plat Records;=Brazoria County Texas situated ZONE CHANGE , in the H.T.°&B.Railroad . APPLICATION ,Company.,Survey,,Ab- 0.201216Z stract 240 Brazoria 'County;Texas;and '� s harsh ve , 0.2548 acres of land,out .i4 1.2 t 6:30 p m.,the of Reserve•"B'; in,the City Council and Plan Replat of Corrigan Ad ;ning and Zoning Com-: ditiori Section. One, ' mission'of the City'of according to the plat-as Pearland, in Brazoria, recorded In Volume'11, Harris and Fort Band Page 97 98 Plat Re,. e Counties ..Texas will cords,-Brazoria County,. conduct a iiomt public Texas situated in the H .hearing in the Council:., T. &-.B:Railroad Corn; Chambers of City'Hall;-- parry Survey;Abstract 240'.Brazoria-County ; Texas; t' en•rai Lace io -308 Broad itR • •' ,;. eartan•, At said hearing;all inter- ested;parties shall have the right•and`opportunity" to appear„and;be heard on the subject.,,For addi-' tonalwn information, , please '.contact,'the 'Planning';Department•.at 281=652.1768;"' HaroldEllis " City Planner ` .. '