Ord. 2000M-0010 2006-07-10
ORDINANCE NO. 2000M-10
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, AT VARIOUS
LOCATIONS THROUGHOUT THE CITY, INITIATED BY THE CITY OF
PEARLAND, 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, the City of Pearland initiated an application for amendment to
Ordinance No. 2000M, the Zoning Map of the City, for approval of a change in the
zoning districts, said property being described in the location maps attached hereto and
made a part hereof for all purposes as Exhibit "A"; and
WHEREAS, on the 5th day of June, 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 19th day of June, 2006, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment by the City of Pearland, whereby the Commission recommended
approval of the various zone changes; 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 26, 2006; and
WHEREAS, the City Council having fully heard the testimony and argument of all
ORDINANCE NO. 2000M-10
interested parties, and having been fully advised in the premises, finds that in the case
of the application by the City of Pearland, 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 described below and
on attached Exhibit "A", such property being as follows:
1. Map 1 - Property Generally Located at the Northwest Corner of FM 518
(Broadway Street) and Cullen Boulevard, and Property Generally Located at the
Northeast Corner of FM 518 (Broadway Street) and Cullen Boulevard, presently
classified as Cullen Mixed Use District (C-MU) is hereby zoned to General
Business Retail District (GB); and Property Generally Located at the Northeast
Corner of Zapalac Road and FM 518 (Broadway Street), presently classified as
General Business Retail District (GB) is hereby zoned to General Commercial
District (GC).
2. Map 2 - Property Generally Located at the Northwest Corner of FM 518
(Broadway Street) and Garden Road, presently classified as Garden O'Day
Mixed Use District (GO-MU) is hereby zoned to General Business Retail District
(GB); and Property Generally Located at the Northeast Corner of FM 518
(Broadway Street) and Garden Road, presently classified as Garden O'Day
Mixed Use District (GO-MU) is hereby zoned to General Commercial District
(GC); and Property Generally Located at the Northeast Corner and the
Northwest Corner of FM 518 (Broadway Street) and O'Day Road, presently
classified as Garden O'Day Mixed Use District (GO-MU) is hereby zoned to
General Commercial District (GC).
3. Map 3 - Property Generally Located at the Northwest Corner of FM 518
(Broadway Street) and Miller Ranch Road (County Road 93), presently classified
as Neighborhood Service District (NS), is hereby zoned to General Business
Retail District (GB).
4. Map 4 - Property Generally Located on the East Side of Max Road and North of
FM 518 (Broadway Street), presently classified as Suburban Residential-12
District (SR-12), is hereby zoned to Single Family Residential-1 District (R-1)
5. Map 5 - Property Generally Located on the South Side of Walnut Street, and on
Page 2 of 4
Ord No 2000M-10
ORDINANCE NO. 2000M-10
the East and West Sides of McLean Road, presently classified as General
Business Retail District (GB), is hereby zoned to Neighborhood Service District
(NS) and Single Family Residential-2 District (R-2).
6. Map 6 - Property Generally Located on the North Side of Walnut Street, on the
South Side of Orange Street, on the West Side of Galveston Avenue, and on the
East Side of Mykawa Road, and presently classified under various zoning
districts, is hereby zoned to Old Townsite General Business District (OT-GB),
Old Townsite Single Family Dwelling District (OT-R), and Old Townsite Mixed
Use District (OT-MU).
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
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Ord No 2000M-10
ORDINANCE NO. 2000M-10
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 26th day of June,
2006.
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T EID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
10th day of July, 2006.
~01J:f0
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-10
MAP 1
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Map Prepared 05/17/06
Subject Property
Shown in Crosshatching
EXISTING ZONING
Approved 2/27/06
PROPOSED
ZONING
(and zoning prior to the
adoption of the map on
February 27, 2006)
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MAP 3
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Map Prepared 05/17/06
Subject Property
Shown in Crosshatching
EXISTING ZONING
Approved 2/27/06
PROPOSED
ZONING
(and zoning prior to the
adoption of the map on
February 27, 2006)
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MAP 4
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Map Prepared 05/17/06
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Subject Property
Shown in Crosshatching
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Approved 2/27/06
PROPOSED
ZONING
(and zoning prior to the
adoption of the map on
February 27,2006)
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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 I issues, as follows: .
No.
I
Date
-$/7
2011L
No.
Date
20
No.
Date
20
No.
Date
20
No.
Date
20
day of ~
Subscribe and sworn to before me this
200~
/1
Laura Ann Emmons, Publisher
- Notary Public, State of Texas
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/ I J) l'ullf n /) ? ~-.r"ll ^)(n ()"\ ("\ If"
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Published May 17, and
May 24, 2006
NOTICE OF A JOINT PUB.
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
UPDATED ZONING MAP
Notice is hereby given that
on June 5, 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 the City of
Pearland. for an amend-
ment to Ordinance No.
2000M. the Zoning Map of
the City of Pearland, for
approval on an Updated
Zoning Map, affecting vari-
ous properties throughout
the City of Pearland.
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
Isl Theresa Grahmann
Senior Planner
. .
A'FF'IDAVIT' OF PUBLICATION
..r
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
.".
State of Texas
E3'razoria and Harris Counties
'.
~.
1
I,' .Lloyd Morrow, hereby certify that the notice hereby appended was published
in TH~ REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris,.' '..
and Galveston Counties, for I issues, as follows: " '
I" '.T,.
Ij ..
s;. ..2 y i
j .> 20 --'2L-
No; Date
..
No. Date 20
No. Date 20
No. . Date 20
No. Date ~,",' 20
: "t
Subscribe and 'Sworn to before me this
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2~
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Notary Public, State of.Texas
uPlJttTE...D 70Y1/r1G MAC
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Planning & Zoning Commission
Recommendation Letter
June 19, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on the Updated Zoning Map
Honorable Mayor and City Council Members:
At their regular meeting of June 5, 2006, the Planning and Zoning Commission
considered the request by the City of Pearland, for approval of the Updated Zoning
Map.
Commission Member West made a motion to recommend approval of the Updated
Zoning Map, which was seconded by Commission Member Diggs. The motion to
approve passed 6 - O. The Updated Zoning Map was recommended for approval by
the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
New Zoning Map
Page 5 of 5