Ord. 2000M-0005 2006-05-22
ORDINANCE NO. 2000M-5
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
46.01 ACRES BEING OUT OF KANAWHA-TEXAS COMPANY SUBDIVISION
OF SECTIONS 18 AND 22 ACCORDING TO THE PLAT THEREOF FILED IN
VOLUME 2, PAGE 51, BRAZORIA COUNTY PLAT RECORDS, IN THE H. T.
& B.R.R. COMPANY SURVEY OR GEORGE C. SMITH SURVEY,
ABSTRACT 547, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE WEST SIDE OF FM 1128 (MANVEL
ROAD), AND APPROXIMATELY 3,000 FEET SOUTH OF FITE ROAD)
(ZONE CHANGE APPLICATION NO. 2006-14Z) FROM CLASSIFICATION
SINGLE FAMILY RESIDENTIAL - 1 DISTRICT (R-1) TO GENERAL
BUSINESS RETAIL DISTRICT (GB) AND TOWNHOUSE RESIDENTIAL
DISTRICT (TH), AT THE REQUEST OF MIKE POLLAK, 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, Mike Pollak, 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 17th 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 "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 2ih day of April, 2006, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 2000M-5
proposed amendment application by Mike Pollak, owner, whereby the Commission
recommended approval of the change of classification for the described property from
its existing classification of Single Family Residential - 1 District (R-1) to General
Business Retail District (GB) and Townhouse Residential District (TH); 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 May 8, 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 Mike Pollak, 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 - 1 District (R-1) is hereby zoned to General Business Retail District (GB)
and Townhouse Residential District (TH)), such property being more particularly
described as:
46.01 acres being out of Kanawha-Texas Company Subdivision of Sections 18 and
22 according to the plat thereof filed in Volume 2, Page 51, Brazoria County Plat
Records, in the H. T. & B.R.R. Company Surveyor George C. Smith Survey,
Abstract 547, City of Pearland, Brazoria County, Texas (Generally Located on the
West Side of FM 1128 (Manvel Road), and Approximately 3,000 Feet South of Fite
Road)
Section II. The City Council of the City of Pearland finds and determines that
Page 2 of 4
Ord No 2000M-5
ORDINANCE NO. 2000M-5
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
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 May,
2006.
Page 3 of 4
Ord No 2000M-5
ORDINANCE NO. 2000M-5
~.wJ~
TOM REID
MAYOR
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this
22nd day of May, 2006.
c ~QWJ
TOM REID
MAYOR
APPROVED AS TO FORM:
o~ It ,dJ-
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-5
pK'~
;f-:1 to.
(list current zoning)
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
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,...., - '....'l'c.J0!:.- CL-U::' .E;:t..
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APPLICA liON FOR
A CHANGE IN ZONING
Please check one:
~hange in Zoning Classification from:
D Specific Use Permit Request for:
(list proposed zoning)
; iiI- /~
(list proposed use)
Property Information:
. 'I t:'> J;-.r7v"-' 1.1;:)t,/.JD~JP
Address: II L-O Cli r:' '-:.
Subdivision:
OSi/7-60/tr - tJOZ
,-
Tax Account No~ 0 S-.!.../7 -(J(j /~-()(JO
Lot:
Block:
** Attach a copy of the metes and bounds description, survey, or legal description**
//'
/(;J.l.P L.
Current use of property
(type of structures on property):
Future/proposed use of property and reason for zone change: ('u/VS7 Luci III ~ O}$ lj.b;V~L-)/'>
Tf-JLt/ Tf-JC P,u>PEL-/ Y
PROPERTY OWNER INFORMATION:
NAME
ADDRESS
CITY STATE ZIP
PHONE(
FAX(
E-MAIL ADDRESS
APPLICANT INFORMATION:
NAME ~;( /:; I~bu...,a /<.
ADDRESS 77-::'7 .5.c>o.~ /~E:L-IPJ:::.
CITY /-101/.5 7i.1~ STATE jJ-
PHONE(7/3 ) 781-ci'-/DL/
FAX( 7/3 ) Cf6-Z-3&ZCj
E-MAIL ADDRESS r-tPOI..,LP-({2 SoC 6LO .IjCL/r-JI..=-;
j. Zo Y
ZIP 770(>3
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
a?ove checked action. I understa d th t I am fWIlY re onsible for the correctness of the legal description
given.
owner'SSignature:';/ Pi:> Or s-J Date: 2-ZI-()~.
Agent's Signature:
Date: 2---1- j-O/...f
OFFICE USE ONLY:
~~~;: # 360 co ~:~~ 3/}. 'f Ie {j ~~~EIVED t [: "~>/ ~~~~~~;ION /)() () ~ - /Lfl
***APPLlCATION IS CONSIDERED INCOMPLE WITHOUT A METES AND BOUNDS
DESCRIPTION OR SURVEY AND THE APPLICATION FEE***
January 2006
Page 1070(110
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LOCATION MAP
Zone Change
No. 2006-14Z
W+E
S
o 500 1,000 Feet
I I I I I I
Map Prepared on March 27,2006
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404 South Park
Pearl.and, Texas 77581
State of Texas
S'razoria and Harris Counties
I,' Lloyd Morrow, hereby certify thaf the notice hereby appended was published
in THE ~EPORTER NEWS, a newspaper of general circulation in Brazoria, Harris .
and Galveston Counties, for ,/ 'issues,as follows: '
. .
No~ J Date $-;21 20 t2t
No. Date 20
No. Date 20
No. Date 20
No. Date ~20
Subscfib~ and sworn to before me this citJ
20Q& '
. . day of ckA-/.1 ./
nn Emmons, PUblisher" '
Notary Public, State of.Texas
c::/b~ ./'-12-
Published March 29,2006
and April 5, 2006
NOTICE OF A JOINT PUB.
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND.
~
ZONE CHANGE NO.
2006-014Z
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
Peatland, 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 Mike Pollak,
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 - 1
District (R-1) to General
Business Retail District
(GB) and Townhouse
Residential District (TH), on
the following described
property, to wit:
11 ~
LEGALS
and 22 according to the plat
thereof filed in Volume 2
Page 51, Brazoria County
Plat Records, in the H. T. &
B.R.R. Company Surveyor
George C. Smith Survey,
Abstract 547, City of
Pearland, Brazoria County,
Texas (Generally Located
on the West Side of FM
1128 (Manvel Road), and
Approximately 3,000 Feet
South of Fite Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
Is! Theresa Grahmann
Senior Planner
46.01 acres being out of
Kanawha-Texas Company
Su~division of Sections 18
}J ."'b~' . </ z
-ZOn t.- C\V\i"\y-e
AFFIDAVIT OF.PUBLICATIQN dc__{"iL'.U\L\'z.
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 J issues, as follows:
Subscribe and sworn to b
dayO~/
20@~
Laura Ann Emmons, Publisher
Notary Public, State of Texas
,,-il..)l./l "
~
LEGALS
Published March 29, 2006
and April 5, 2006
NOTICE OF A JOI~
~
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF TH~
CITY OF PEARlAlW.
~
ZONE CHANGE NO.
2006-014Z
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
Peatland, 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 Mike Pollak,
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 - 1
District (R-l) to General
Business Retail District
(GB) and Townhouse
Residential District (TH), on
the following described
property, to wit:
46.01 acres being out of
Kanawha- Texas Company
Subdivision of Sections 18
and 22 according to the plat
thereof filed in Volume 2,
Page 51, Brazoria County
Plat Records, in the H. T. &
BRR. Company Surveyor
George C. Smith Survey,
Abstract 547, City of
Pearland, Brazoria County,
Texas (Generally located
on the West Side of FM
1128 (Manvel Road), and
Approximately 3,000 Feet
South of Fite Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
Is! Theresa Grahmann
Senior Planner
Planning & Zoning Commission
Recommendation Letter
April 27,2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 14Z, a request by Mike
Pollak, 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 - 1 District (R-1) to General Business Retail District
(GB) and Townhouse Residential District (TH)
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 Single Family
Residential - 1 District (R-1) to General Business Retail District (GB) and Townhouse
Residential District (TH), on the following property:
Legal Description: 46.01 acres being out of Kanawha-Texas Company Subdivision of
Sections 18 and 22 according to the plat thereof filed in Volume 2,
Page 51, Brazoria County Plat Records, in the H. T. & B.R.R.
Company Surveyor George C. Smith Survey, Abstract 547, City of
Pearland, Brazoria County, Texas
General Location: Generally Located on the West Side of FM 1128 (Manvel Road),
and Approximately 3,000 Feet South of Fite Road
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
passed 6 - O. The zone change was recommended for approval by the Planning and
Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 14Z
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