Ord. 2000M-0007 2006-06-12 WITHDRAWN
WITHDRAWN BY APPLICANT
6/1 2/06
ORDINANCE NO. 2000M-7
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 4.540 ACRES, BEING OUT OF TRACT 29, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 304, AS RECORDED IN VOLUME
976, PAGE 486, OF THE DEED RECORDS OF BRAZORIA COUNTY,
TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF WOOTEN ROAD,
AND APPROXIMATELY 1,100 FEET NORTH OF FM 518 (BROADWAY
STREET)), (ZONE CHANGE APPLICATION NO. 2006-17Z) FROM
CLASSIFICATION SINGLE FAMILY RESIDENTIAL - 3 DISTRICT (R-3)
TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF
GEORGE MUTHALAL Y, APPLICANT FOR MORITE V. CRAVEN,
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.
WHEREAS, George Muthalaly, applicant for Morite V. Craven, owner, filed on
April 21, 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 15th day of May, 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 "B", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 15t day of June, 2006, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 2000M-7
proposed amendment application by George Muthalaly, applicant for Morite V. Craven,
owner, whereby the Commission recommended denial of the change of classification
for the described property from its existing classification of Single Family Residential - 3
District (R-3) to Neighborhood Service District (NS); 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 June 12, 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 George Muthalaly, applicant for Morite V. Craven, 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 Single Family
Residential - 3 District (R-3) is hereby zoned to Neighborhood Service District (NS),
such property being more particularly described as:
4.540 acres, being out of Tract 29, H.T. & B.R.R. Company Survey, Abstract
304, as recorded in Volume 976, Page 486, of the Deed Records of Brazoria
County, Texas, City of Pearland, Brazoria County, Texas (Generally Located on
the East Side of Wooten Road, and Approximately 1,100 Feet North of FM 518
(Broadway Street))
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
Page 2 of 4
Ord No 2000M-7
ORDINANCE NO. 2000M-7
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
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
day of
,2006.
Page 3 of 4
Ord No 2000M-7
ORDINANCE NO. 2000M-7
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of
,2006.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-7
APPLICATION 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:
CSV Change in Zoning Classification from:
/2,3
(list current zoning)
to:
~ I\JS
(list proposed zoning)
o Spe(..;f;~ U;,t: Permit Fkqtle3t fer:
~ !-Ice 1-
ves
Property Information:
Address: 4 5 tj lies MtJ/lf// /3:>, Tax Account No. tJ5i9~/' NY tJ7 " tJt.'"1 [)
, , Itj)Jbi^,INi~
Subdivision: 1/1 f !3if...12. (4"t'!ii./vt Llf-tIt~ot: Block:
** Attach a copy of the metes and bounds description, survey, or legal description**
Current use of property
(type of structures on property):
1I.1c4Nr t.A-N })
Future/proposed use of property and reason for zone change:
D pp, trf / I!e- Tlh L_
f
PROPERTY OWNER INFORMATION: APPLICANT INFORMA liON:
NAME f!/l!?f 7Y_ c/ elf Ai'.f;J NAME (, qi r<,C\f:: {~l L\'t\- kLA,L 1
ADDRESS .:;'C(O/ c'f-!/h2!.. f; 77/1 ~q ADDRESS 62( ~ p)(LA-~.Svt ~J 0(.(_
CITY .*ct'570;^L STATE~ZIP 7'/ (i 2/ CITY Pf I\QLA.00 STATE ',/\ ZIP ')'1SKJt--
PHONE( 1/3 ) 7 <!'g,/?0 <;,?L PHONE(~ 2 ) 3:.:> 0 <;''7 4-b
FAX( 7 / J,) 70'-e9,f?0 09 FAX ( '2.- & \ ) b(l 2-- tt- ~ f-l
E-MAIL ADDRESS /U-u/C'('tU"-AOf7')/a 1 t"c. .(':..O~1 E-MAIL ADDRESS VYJ d. €J c,--c ec\.b.\.e,.-n d'-.cv t '
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.
M i Xli I') t1,t IF
Agent's Signature:
Owner's Signature:
Date:
Date: A-r \ 11-- (J-6() b
APPLlCA TION /J ...il
NUMBER: 0<-'00(0- / ? i- I
WITHOUT A METES AND BOUNDS
E APPLICATION FEE***
January 2006
Page 107 of 110
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LOCATION MAP
Zone Change
No. 2006-17Z
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Map Prepared on April 24, 2006
AFFIDAVIT OF PUBLICATION
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 drculation in Brazoria, Harris
and Galveston Counties, for! issues, as follows:
Subscribe and sworn to before me this 0'27
20 0(,
day o~1
Lura Ann Emmons, Publisher
Notary Public, State of Texas
"!Ol'L C ( 7 ?'-
Published April 26, 2006,
May 3, 2006
NOTICE OF A JOINT PUB.
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO. 2006-
017Z
Notice is hereby given that
on May 15, 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 George
Muthalaly, applicant for
Morite V. Craven, 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 Single
Family Residential - 3
District (R-3) to
Neighborhood Service
District (NS), on the follow-
ing described property, to
wit:
4.540 acres, being out of
Tract 29, H.T. & B.R.R.
Company Survey, Abstract
304, as recorded in Volume
976, Page 486, of the Deed
Records of Brazoria County,
Texas, City of Pearland,
Brazoria County, Texas
(Generally Located on the
East Side of Wooten Road,
and Approximately 1,100
Feet North of FM 518
(Broadway Street)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Is! Theresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICATION
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 / issues, as follows:
No.
/
Date
f-3
20 tJ ~
No.
Date
20
No.
Date
20
No.
Date
20
No.
Date
20
cAp.~
CFO
Subscribe and sworn to before me this
f
day of ~
20~
r
Notary Public, State of Texas
;(Cll€. C hc..>! 'j'" ,?oue. 0/" t:..
Published April 26, 2006,
May 3, 2006
from classification Single
Family Residential - 3
District (R-3) to
Neighborhood Service
District (NS), on the follow-
ing described property, to
wit:
NOTICE OF A JOINT PUB.
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEAR LAND,
TEXAS
ZONE CHANGE NO. 2006-
017Z
4.540 acres, being out of
Tract 29, H.T. & B.R.R.
Company Survey, Abstract
304, as recorded in Volume
976, Page 486, of the Deed
Records of Brazoria County,
Texas, City of Pearland,
Brazoria County, Texas
(Generally Located on the
East Side of Wooten Road,
and Approximately 1,100
Feet North of FM 518
(Broadway Street)
Notice is hereby given that
on May 15, 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 George
Muthalaly, applicant for
Morite V. Craven, owner, for
an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Pearland, for approval of a
change in zoning district
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Isf Theresa Grahmann
Senior Planner
Planning & Zoning Commission
Recommendation Letter
June 1, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 17Z, a request by George
Muthalaly, applicant for Morite V. Craven, 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 Single Family Residential - 3 District
(R-3) to Neighborhood Service District (NS)
Honorable Mayor and City Council Members:
At their regular meeting of May 15, 2006, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Single Family
Residential - 3 District (R-3) to Neighborhood Service District (NS), on the following
property:
Legal Description:
4.540 acres, being out of Tract 29, H.T. & B.R.R. Company
Survey, Abstract 304, as recorded in Volume 976, Page 486, of
the Deed Records of Brazoria County, Texas, City of Pearland,
Brazoria County, Texas
General Location:
Generally Located on the East Side of Wooten Road, and
Approximately 1,100 Feet North of FM 518 (Broadway Street)
Commission Member West made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Diggs. The motion to approve
failed 1 - 4. Commission Member Diggs voted for the motion to approve. The zone
change was recommended for denial by the Planning and Zoning Commission. The
Agenda Request 17Z
Page 3 of 4
Planning and Zoning Commission stated the following reasons for the denial of the
zone change:
1. The proposed zone change for NS does not conform to the "Suburban
Residential" land use designation as recommended by the Comprehensive Plan.
2. The proposed zone change for NS is inconsistent and incompatible with existing
R-3 and R-1 residential districts and single family residential land uses within the
subject area.
3. The proposed zone change for NS would be intrusive and cause negative effects
on the established residential neighborhood that currently exists along Wooten
Road by introducing an increase in traffic, service vehicles, noise, as well as
other impacts brought about by non-residential land uses.
Sincerely,
Planning and Zoning Commission
Agenda Request 17Z
Page 4 of 4