Ord. 2000M-0004 2006- 04-24
ORDINANCE NO. 2000M-4
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
64.8110 ACRES OF LAND, BEING THE FINAL PLAT OF TWIN LAKES
SECTION ONE, AS RECORDED IN VOLUME 24, PAGES 232 AND 233, OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE EAST SIDE OF VETERANS DRIVE, AND APPROXIMATELY 1,000
FEET SOUTH OF WALNUT STREET) (ZONE CHANGE APPLICATION NO.
2006-15Z) FROM CLASSIFICATION PLANNED DEVELOPMENT DISTRICT
(PD) TO PLANNED DEVELOPMENT DISTRICT (PD), AN AMENDMENT TO
THE EXISTING PLANNED DEVELOPMENT DISTRICT (PD) FOR TWIN
LAKES, AT THE REQUEST OF JERRY MCGINTY, APPLICANT FOR STAR
TWO TWIN LAKES, L.P., OWNER, 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; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE ZONING AND LAND
USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE,
BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE
CITIZENRY.
WHEREAS, Jerry McGinty, applicant for Star Two Twin Lakes, L.P., owner, filed
on March 24, 2006, an application for amendment to Ordinance No. 2000M, the Zoning
Map of the City, for approval of a change in the zoning district, 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 1 ih day of April, 2006, 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 "8", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
ORDINANCE NO. 2000M-4
WHEREAS, on the 18th day of April, 2006, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Jerry McGinty, applicant for Star Two Twin Lakes,
L.P., owner, whereby the Commission recommended approval of the change of
classification for the described property from its existing classification of Planned
Development District (PD) to Planned Development District (PD), an amendment to the
existing Planned Development District (PD) for Twin Lakes; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on April 24, 2006; 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 Jerry McGinty, applicant for Star Two Twin Lakes, L.P., 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 Planned Development
District (PD) is hereby zoned to Planned Development District (PD), an amendment to
the existing Planned Development District (PD) for Twin Lakes, such property being
more particularly described as:
64.8110 acres of land, being the Final Plat of Twin Lakes Section One, as
recorded in Volume 24, Pages 232 and 233, of the Plat Records of Brazoria
County, Texas, City of Pearland, Brazoria County, Texas (Generally Located on
Page 2 of 4
Ord No 2000M-4
ORDINANCE NO. 2000M-4
the East Side of Veterans Drive, and Approximately 1,000 Feet South of Walnut
Street)
The subject property is subject to the following conditions:
1. The subject property develop in accordance with all conditions and
requirements listed in the Planned Development (PO) Document, also
known as Exhibit "c" attached hereto and incorporated for all
purposes.
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.
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
Page 3 of 4
Ord No 2000M-4
ORDINANCE NO. 2000M-4
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. Declaration of Emergency. The Council finds and determines
that the need to regulate zoning and land use inures to the benefit of the public and,
therefore, bears directly upon the health, safety and welfare of the citizenry; and that
this Ordinance shall be adopted as an emergency measure, and that the rule requiring
this Ordinance to be read on two (2) separate occasions is hereby waived.
Section VIII. This Ordinance shall become effective after its passage and
approval on first and only reading.
PASSED, APPROVED, and ADOPTED on First and Only Reading this
24th
day of
April
,2006.
,/-;)~ -t~
T01V1REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
o~. !t~
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-4
APPLICA liON FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Please check one:
M
t~
Change in Zoning Classification from: to:
(list current zoning) (list proposed zoning)
Sp~cifjc lJ3~ rer:mltR"'"IlI~""tfor.. Amend the PUD for the north fence and east rail picket
fence line to a solid fence and remove the wall at east property line.
Property Information:
Address: Veterans Drive
Tax Account No. 8063-1000-004
Subdivision: Twin Lakes Section 1
** Attach a copy of the metes and bounds description, survey, or legal description**
Current use of property
(type of structures on property) SINGLE FAMILY R-2
Future/proposed use of property and reason for zone change NO CHANGE
PROPERTY OWNER INFORMATION:
NAME Star Two Twin Lakes, L .P..
ADDRESS 715 OAK RD.
CITY CLEAR LAKE SHORES STATE TX ZIP 77565
PHONE 281.334.5676
FAX 281.334.3522
APPLICANT INFORMATION:
NAME JERRY MCGINTY
ADDRESS 715 OAK RD
CITY CLEAR LAKE SHORES STATE TX ZIP 77586
PHONE 281.334.5676
FAX 281.334.3522
E-MAIL ADDRESS ierrvmcqintv@houston.rr.com E-MAIL ADDRESSjerrymcginty@housston.rr.com
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 undersl nd that I am fully responsible for the correctness of the legal description
given. ." /'-' /
/ . .'"
y~/,. ~~~
,'/-.,
Owner's Signature:
Date: 2' - <-.8. C'C
Agent's Signature: //
Date:
~
C?~_
OFFICE USE ONLY:
FEES 't
PAID: Ii
RECEIVED APPLICATION ( / ! I / /, ::z
PAID: BY: NUMBER: j I~.__
***APPLlCATION IS CONSIDERED INCOMPLETE WITHOUT A METES AND BOUNDS
DESCRIPTION OR SURVEY AND THE APPLICATION FEE***
January 2006
Page 107 of 110
'~~M ~~IIB~~' ~~a .
\-'1,- -r\ ~ \ I,
',I II I! GC
~l==Lg~~~~\ .'.. .
-BALli
\\\
~...
~ GC
I
I
d!
OP
\
\
M-1
!
----I
I
\
--I
SUBJECT
PROPERTY
ZONING MAP
Zone Change
No. 2006-15Z
W+E
S
o 500
I I I I I
1,000 Feet
I
Map Prepared on March 27, 2006
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I,. U.oyd Morrow, hereby certify that the notice hereby appended was published
in TH!= F!EPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
,
No; / Date ;21 20~
No. Date 20
No. Date 20
No. .Date 20
No. Date _20
Subscribe and 'sworn to before me this
eta
day of
~)~
20(2& .
. Laura Ann Emmons, Publisher.. .
Notary Public, State of Texas
C'/~ Z.
Published March 29. 2[,
and April 5. 2006
NOTICE OF A JOINT pua.
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO,
2006.015Z
Notice is hereby given that
on April 17, 2006, at 630
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 Hail.
located at 3519 Liberty
Drive. Pearland, Texas on
the request of JerrI
McGinty, applicant for Star
Two Twin Lakes, L.P
owner. for an amendment to
Ordinance No. 2000M. the
Zoning Map of the City of
Peariand, for approval of a
change in zoning district
from classification Planned
Development District (PO)
to Planned Development
District (PO), an amend.
ment to the eXisting
Plal1ned Development
District (PO) for Twin Lakes,
on the following desCflbed
property, to wit:
64.8110 acres of land,
being the Final Plat of TWin
Lakes Section One. as
recorded ill Volume 24
Pages 232 and 233. of the
Plat Records of Brazoria
County, Texas, City rf
Pearland, Brazoria County.
Texas (Generally Located
on the East Side of
Veterans Drive. and
ApprOXimately 1,000 Fee:
South of Walnut Street)
At said hearing all interest.
ed parties shall have the
right and opportunity to
appear and be heard on the
subject
is! Theresa Grarm,onii
Senior Planner
AFFIDAVIT OF PUBLICATION
/' ,~, , '(c \\C clCOGtd
0'1 s-l-
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
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 J issues, as follows:
20 t> L.
20
20
20
20
~o
Subscribe and sworn to before me this
,
daYO~J
20@&
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published March 29 2006
and April 5. 2006
NOTICE OF A JOINT PUB.
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND.
IEXM
ZONE CHANGE NO.
2006.015Z
Notice is hereby given that
on April 17, 2006, 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, on
the request of Jerry
McGinty, applicant for Star
Two Twin Lakes, L.P,
owner, for an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Pearland, for approval of a
change in zoning district
from classification Planned
Development District (PD)
to Planned Development
District (PD), an amend-
ment to the existing
Planned Development
District (PD) for Twin Lakes,
on the following described
property, to wit
64.8110 acres of land,
being the Final Plat of Twin
Lakes Section One, as
recorded in Volume 24,
Pages 232 and 233, of the
Plat Records of Brazoria
County, Texas, City of
Pearland, Brazoria County,
Texas (Generally Located
on the East Side of
Veterans Drive, and
Approximately 1,000 Feet
South of Walnut Street)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
Isl Theresa Grahm~nn
Senior Planner
----------
Planning & Zoning Commission
Recommendation Letter
April 18, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 15Z, a request by Jerry McGinty,
applicant for Star Two Twin Lakes, L.P., owner, for an amendment to Ordinance No.
2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning
district from classification Planned Development District (PD) to Planned Development
District (PD), an amendment to the existing Planned Development District (PD) for Twin
Lakes
Honorable Mayor and City Council Members:
At their regular meeting of April 17, 2006, the Planning and Zoning Commission considered the
request for a change in zoning district from classification Planned Development District (PD) to
Planned Development District (PD), an amendment to the existing Planned Development
District (PD) for Twin Lakes, on the following property:
Legal Description:
64.8110 acres of land, being the Final Plat of Twin Lakes Section
One, as recorded in Volume 24, Pages 232 and 233, of the Plat
Records of Brazoria County, Texas, City of Pearland, Brazoria
County, Texas
General Location:
Generally Located on the East Side of Veterans Drive, and
Approximately 1,000 Feet South of Walnut Street
Commission Member West made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Fuertes. The motion to approve passed
6 - O. The zone change was recommended for approval by the Planning and Zoning
Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 15Z
Page 1 of 1