Ord. 509-570 03-11-02ORDINANCE NO. 509-570
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 2.2488 ACRES, OUT OF AND
BEING PART OF A 60.13 ACRE TRACT, ALLISON RICHEY, ALLISON
RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS, H. T.
& B. R.R. COMPANY SURVEY, SECTION 10, A-505, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 1019) (BROOKSIDE ROAD)FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT THE REQUEST OF
TONG & TRUC QUAN BACH VO, 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, Tong & Truc Quan Bach Vo, Owners, filed on December 17, 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 11th of February, 2002, 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 12th day of February, 2002, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
1
ORDINANCE NO. 509-570
regarding the proposed amendment application by, Tong & Truc Quan Bach Vo, 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 February 25, 2002, 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 Tong & Truc Quan Bach Vo, Owners, presented which, in the judgment
of the City Council, would justify the approval of said application, it is therefore,
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 Estate Lot single Family Dwelling
District (RE); such property being more particularly described as:
2.2488 acres, out of and being part of a 60.13 acre tract, Allison Richey, Allison
Richey Gulf Coast Home Company's Suburban Gardens, H. T. & B. R.R. Company
Survey, Section 10, A-505, Brazoria County, Texas (Brookside Road)
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ORDINANCE NO. 509-570
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. 509-570
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 25 day of
February , 2002.
ATTEST:
f79 /1,
TOM REID
MAYOR
4
ORDINANCE NO. 509-570
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11 day
of March , 2002.
ATTEST:
G LO
CIS SEC TARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
Cri
TOM REID
MAYOR
5
CITY OF PEARLAND
ZONE CHANGE APPLICATION
`� revised 10/20/41
,
�/ Change in Zoning Classification from:
f E
to: I
Change in Regulations in Section #:
Specific Use for: *
Property address: 6rook co-cle, Roao
Lot: Block:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Current use of land: i%ac,c,f
Proposed use of land: -},o h,, Li --Ae, -f ovsz,
Record owner's name: TOOG VO / -t-R,uC aJ e VO
Owner's mailing address: ' 314 N . 4-H\A/y 3 , Leo►.r- C +* , Tx, • 7 7 S73
Owner's telephone number: (1st) 451 - 4 0 c vs (gi) 412.. 6 00 o
•
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: a., ,
Agent's signature:
Fees paid: $ 250
Date paid: i ) - ) -7 -Q
I
Received by: ni `
Application number:
I 0
1
Citylimits
Zone Change Application No. 1019
Tong and Truc Quan Bach Vo
Brookside Road
(SD -RE)
W E
Citylimits
Zone Change Application No. 1019
Tong and Truc Quan Bach Vo
Brookside Road
(SD -RE)
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E
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, es -follows:
No % Date f 20 0?
No. Date - 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
D-.
"Z4 fi)•%/kwA,.._
President
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day of ja
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Application No. 1019
Published° Jan. 23 & Jan. 30,
2002
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 11th day of February,
2002, at 6:30 p.m., the City
Council and the 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, City Hall,
3519 Liberty Drive, Pearland,
Texas, on the request of Tong
Vo and TrueQuan Bach Vo,
Owner, for an amendment to
the Land Use -and ;Urban
Development Ordinance of;
said City from Classification
Suburban Development
District (SD) to _Estate Lot
Stoma Fa s,
:District (RE) bn
described property, to wit:
2.2488 acres, out of land and
being part of a 80.13`acre
tract, Allison Richey Gulf
Coast Home Co. Suburban
Gardens, H.T. & B.R.R. Co.
Survey, Section 10, A.505,
Brazorla Co., TX (Brookside
Road)
At said hearing all interested
parties shall have the `ri
and opportunity to, appr
be heard on the su
Development Coordinator
APPLICATION NO. 1019
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 /-_ 20 Oz _
No Date L 20
No. Date 20
No. Date 20
No. Date 20
4
President
subscribe and sworn to before me this 3 / day of ii-ekt->
roe
u.4 -
LA 4 I"� A r ti Laura Ann Emmons, Publisher
,in‘X�
Co
ru'' "'n Ecp eS 3 G2 Notary Public, State of Texas
Application No. 1019
Published Jan. 23 & Jan. 30,
2002
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 11th day of February,
2002, at 6:30 p.m., the City
Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct
i a Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty Drive, Pearland,
Texas, on the request of Tong
• Vo and Truc Quan Bach Vo,
owner, for an amendment to
. the Land Use and Urban
t 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:
I 2.2488 "acres, out of land and
being part of a 60.13 acre
tract, Allison Richey Gulf
Coast Home Co. Suburban
Gardens, H.T. & B.R,R. Co.
Survey, Section f0,
Br „
fos
At said hearing all; Interested
parties shall have the right
and oppoflunity to appear and
be heard on the subject.
le/ Mona Ann Phipps
Development Coordinator
APPUCATION NO. 1019
February 12, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1019
Request of Tong & True Quan Bach Vo, owner for an amendment to the Land Use and Urban
Development Ordinance from classification Suburban Development District (SD) to Estate Lot
Single Family Dwelling District (RE) on the following described property, to wit:
2.2488 acres, out of and being part of a 60.13 acre tract, Allison Richey Gulf Coast Home Co.'s
Suburban Gardens, H. T. & B. R.R. Co. survey, Section 10, A-505, Brazoria Co., TX (Brookside
Road)
Honorable Mayor and Council Members:
At a regular meeting held on February 11, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Kevin McDonald to forward Zoning Application No. 1019
to City Council for approval with a second made by Commissioner Robert Scherrer.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
. Charles Viktorin, Chairman
Planning & Zoning Commission
HCV/jmg
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