Ord. 2000M-0012 2006-07-10 FAILED
FAILED
7/10/06
ORDINANCE NO. 2000M-12
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
0.630 ACRES OF LAND, BEING A PART OF THE COMMERCIAL
RESERVE, BLOCK 2, WEST LEA SECTION 1, A SUBDIVISION
ACCORDING TO THE PLAT RECORDED IN VOLUME 10, PAGE 19, OF
THE MAP RECORDS OF BRAZORIA COUNTY, TEXAS, ABSTRACT 546,
H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF
MANVEL ROAD (FM 1128), AND ON THE NORTH SIDE OF WEST LEA
LANE), (ZONE CHANGE APPLICATION NO. 2006-20Z), FROM
CLASSIFICATION SUBURBAN RESIDENTIAL - 15 DISTRICT (SR-15) TO
NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF IRENE
FLORES, APPLICANT FOR DANIEL FLORES, 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, Irene Flores, applicant for Daniel Flores, owner, filed on May 22,
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 19th 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 "8", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 30th 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-12
proposed amendment application by Irene Flores, applicant for Daniel Flores, owner,
whereby the Commission recommended denial of the change of classification for the
described property from its existing classification of Suburban Residential - 15 District
(SR-15) 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 July 10, 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 Irene Flores, applicant for Daniel Flores, 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 Suburban Residential -
15 District (SR-15) is hereby zoned to Neighborhood Service District (NS), such
property being more particularly described as:
0.630 acres of land, being a part of the Commercial Reserve, Block 2, West Lea
Section 1, a subdivision according to the plat recorded in Volume 10, Page 19, of
the Map Records of Brazoria County, Texas, Abstract 546, H.T. & B.R.R.
Company Survey, City of Pearland, Brazoria County, Texas (Generally Located
on the East Side of Manvel Road (FM 1128), and on the North Side of West Lea
Lane)
Section II. The City Council of the City of Pearland finds and determines that
Page 2 of 4
Ord No 2000M-12
ORDINANCE NO. 2000M-12
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
,2006.
Page 3 of 4
Ord No 2000M-12
ORDINANCE NO. 2000M-12
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-12
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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
PEARl-AND
!l...li.:-" . ' 'loo...-1.
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Please check one: 5f<--/5
"J Chang. In Zoning Classification from: ~ _ to:---1:) c:;
~ 1iat culTtlnt zoning." . (lI.t propoMd zoning)
.
~ Specific Use Permit Request fO~':. ~al"r~ ~.~ "
~ - .. 1Aof' i (r'at propoaed u..) ·
Property Information: "
Address: ~~O I M~rW'el (2.a~d Tax Account No.
UCu,.-J and, If:. -?1 t5<=b4- I
Subdivision: \Nl4-t L.<~. lot: B Block: ~ ^
** Attach a copy of the metes and bounds description. survey. or legal description**
Current use of property . 0 - ' \
(type of structures on property): Sf ~lv ~ ~tY\IIY r!<i1de.Ylce-.
Future/proposed use of property and reason for zone change:_"bo\. Y Care. lwt-r
PROPERTY OWNER INFORMATION: APPL.ICANT INFORMATION:
NAME Oit" ie I Flo(eS NAME ::C(l--t'\~ F loyes
ADDRESS 4 00, S~ f1ly(~t 1>r. ADDRESS 4001 SpYI~ fbr1!S+ ]y.
CITY.PfarlanO . s-rl.TE~~ZIP,7'5'i4- CITY~STATE T)G ZIP,1'5V4-
PHONE( 1f6/ ) t.f<l q - I LJ-g~ _ PHONE( 1,fi( I ) 4~q - I ~D ~
FAX( ~ I ) .q-ljq-I '1-08 ~.:i,~ 1I , f1~it FAXCML) 4gQ-I1-0C{; (uti -ft.:s+ )-
E-MAIL ADDRESS rJ/ A .,... :... E-MAIL ADDRE;S_ :L~lowe.r~ 03~ YfJ.hl:oCDM
PETITION: As owner/agent, I hereby petitidn the City of P~rlandll 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.
Owner's Signature:
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Date:
s-~r/o,
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Agent's Signature:
Date:
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W MOCKINGBIRD LN
LOCATION MAP
Zone Change
No. 2006-20Z
W+E
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MEADOW LN
o 200 400 Feet
I I I I I I
Map Prepared on May 30, 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 circulation in Brazoria, Harris
and Galveston Counties, for I issues, as follows:
.
No. / Date .s: 31 20a
No. Date 20
No. Date 20
No. Date 20
No. Date 20
~r.~~.
CFO
Subscribe and sworn to before me this ,$1
2000
Notary Public, State of Texas
;{D(J{P. 0;;'6 Z
Published May 31, and
June 7, 2006
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2006.020Z
Notice is hereby given that
on June 19, 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 Irene Flores,
applicant for Daniel Flores,
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 Suburban
Residential - 15 District
(SR-15) to Neighborhood
Service District (NS), on the
following described proper-
ty, to wi!:
0.630 acres of land, being a
part of the Commercial
Reserve, Block 2, West Lea
Section 1, a subdivision
according to the plat record-
ed in Volume 10, Page 19,
of the Map Records of
Brazoria County, Texas,
Abstract 546, H.T. & B.R.R.
Company Survey, City of
Pearland, Brazoria County,
Texas (Generally Located
on the East Side of Manvel
Road (FM 1128), and on the
North Side of West Lea
Lane)
At said hearing all interest-
ed parties shall have the
rig'ht 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
oi"'.~-~'..
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 I issues, as follows:
No. I Date ~ -7 20 to to
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and 'Sworn to before me this
~
day of
20 0 fr;
ura Ann Emmons, Publisher
Notary Public, State of Texas
07001:;- 0.;;10 z.
Published May 31, and
June 7, 2006
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
.cOMMISSION OF THE
CITY OF PEAR LAND,
:TEXAS
:ZONE CHANGE NO.
'2006-020Z
;Notice is hereby given that
'on June 19, 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
~ublic hearing in the Council
,chambers of City Hall,
Jocated at 3519 Liberty
Orlve, Pearland, Texas, on
)he request of Irene Flores,
"
'-II
applicant for Daniel Flores,
owner, for an amendment to
Ordinance No. 200OM, the
Zoning Map of the City of
Pearland, for approval of a
change in zoning district
from classification Suburban
Residential - 15 District
(SR-15) to Neighborhood
Service District (NS), on the
following described proper-
ty, to wit:
0.630 acres of land, being a
part of the Commercial
Reserve, Block 2, West Lea
Section 1, a subdivision
according to the plat record-
ed in Volume 10, Page 19,
of the Map Records of
Brazoria County, Texas,
Abstract 546, H.T. & B.R.R.
Company Survey, City of
Pearland, Brazoria County,
Texas (Generally Located
on the East Side of Manvel
Road (FM 1128), and on the
North Side of West Lea
Lane)
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
Planning & Zoning Commission
Recommendation Letter
June 30,2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2006-20Z, a request by Irene Flores,
applicant for Daniel Flores, 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 Suburban Residential - 15 District (SR-15) to
Neighborhood Service District (NS), Generally Located on the East Side of
Manvel Road (FM 1128), and on the North Side of West Lea Lane
Honorable Mayor and City Council Members:
At their regular meeting of June 19, 2006, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Suburban
Residential - 15 District (SR-15) to Neighborhood Service District (NS), on the following
property:
Legal Description: 0.630 acres of land, being a part of the Commercial Reserve,
Block 2, West Lea Section 1, a subdivision according to the plat
recorded in Volume 10, Page 19, of the Map Records of Brazoria
County, Texas, Abstract 546, H.T. & B.R.R. Company Survey, City
of Pearland, Brazoria County, Texas
General Location: Generally Located on the East Side of Manvel Road (FM 1128),
and on the North Side of West Lea Lane
Agenda Request20Z
Page 3 of 4
Commission Member Diggs made a motion to recommend approval of the zone change
request, which was seconded by Commission Member West. The motion to approve
failed 0 - 7. The zone change was recommended for denial by the Planning and
Zoning Commission. The Commission stated the following as reasons for the denial of
the zone change:
1. The proposed zone change would be non-conforming to the area.
2. The Commission wanted to maintain the residential characteristics of the area.
3. The proposed zone change would be spot zoning.
Sincerely,
Planning and Zoning Commission
Agenda Request20Z
Page 4 of 4