Ord. 2000M-0011 2006-07-24
ORDINANCE NO. 2000M-11
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
0.472 ACRES OF LAND, TRACT M2J AND M2K, ABSTRACT 543, H.T. &
B.R.R. COMPANY SURVEY, JOHNSTON SUBDIVISION, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE NORTH SIDE OF WALNUT STREET, AND APPROXIMATELY 150
FEET WEST OF JOHNSTON STREET), (ZONE CHANGE APPLICATION
NO. 2006-21Z), FROM CLASSIFICATION GENERAL BUSINESS RETAIL
DISTRICT (GB) TO SINGLE FAMILY RESIDENTIAL - 2 DISTRICT (R-2),
AT THE REQUEST OF JAMES B. PURCELL, 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, James B. Purcell, owner, filed on May 17, 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 "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 30th 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 application by James B. Purcell, owner, whereby the
Commission recommended approval of the change of classification for the described
ORDINANCE NO. 2000M-11
property from its existing classification of General Business Retail District (GB) to Single
Family Residential - 2 District (R-2); 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 James B. Purcell, 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 General Business
Retail District (GB) is hereby zoned to Single Family Residential - 2 District (R-2), such
property being more particularly described as:
0.472 acres of land, Tract M2J and M2K, Abstract 543, H.T. & B.R.R. Company
Survey, Johnston Subdivision, City of Pearland, Brazoria County, Texas
(Generally Located on the North Side of Walnut Street, and Approximately 150
Feet West of Johnston 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
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
Page 2 of 4
Ord No 2000M-11
ORDINANCE NO. 2000M-11
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 10th day of
July, 2006.
~)~
TOM REID
MAYOR
Page 3 of 4
Ord No 2000M-11
ORDINANCE NO. 2000M-11
ATTEST:
C
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of July 2006.
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TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-11
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APPLICATION FOR
A CHANGE IN ZONING
City of Pearl and
Community Development
3523 Uberty Drive
(Community Center)
Peadand, Texas 77581
281-652-1766
281-652-1702 fax
www.cityofpearland.com
'PEARLAND
t.u.,.._-. ,,_._'.' '~""'..,"'\I:.a:o..i...;
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Proposed Zoning District:
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G~NEIZA L IS ;..:~. ,t.i€5 ~
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.
Current Zoning District:
ProP9rty tnfonnation:
Address ~al Locati~f Property: /,j;) ;'.:;'" i - 2 e'L) I~~ I vJ e ~.I- c:' ?
~ h.~>(-v\ st,-ef' I OJ"'; t-jv,-il, s. de- cJ~ "")A Lv-.-!;- - Ap~.,~ L..'(A~,.;,j
Tax Account No. 0.5"'-/3 - 00'-12 -00 {
Subdivision: A 0 ~- '-I 3 II r B f<.. t<.
Lot: If Zr-M c..'-.
Block:
A Complete
Application
must include
all of this
informallOfl:
13
Ef
cr
FEte (see Zoning Change Fee Schedule)
Legal Description and/or Survey of the Property
Letter Explaining the Zoning Change Request in detail (specify the
existing zoning and why the zone change is being requested, current use
of the property, and the proposed use of the property; if a PO is
requested. see PD Format and Guidelines)
PROPERTY OWNER INFORMATION: APPUCANT INFORMATIOtt..,
NAME :JA~.c~2>, V'-"K.C'...(':l...L NAME '.JA;\{iC~ j'3 .~'-!Cf-' l /
ADDRESS qt..-,L ?t',~~ Blcssl';'1. DR ADDRESS C;~.)'- ?t:'ACh Bids",..... br<...
CITY '?eA.,j04;vt) STATE~IP 77':;)-S-i.f CITY ?lc'-A..'/i....V~ STATET'f- ZIP 77's-Y,::/
PHONE( '7 j 3 ) L-/ J (. - <t't ~--(p PHONE( '1 i ~ ) 43(. - q IS -C....
FAX( ) FAX( ->
E-MAIL ADDRESS E-MAIL ADDRESS
As owner and applicant, I hereby request approval of the above described request as proVided for
by the Unified Development Code aU e City of Pearland,
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Owner's Signature:
C--LJ
Date:
/
Agent's Signature: \...
-:>--i'7 -Dip
Date:
'J.?5QL
fA t1 rn l)W.,
Application
No. 800& - ~ J l
Change of Zoning from GB to R-2
Request to have the approximately west 50 feet of the subject tract
zoning changed to R-2. The subject tract is vacant land.
Balance of owners property east and north of the subject property is
currently zoned R-2. The zoning of the subject tract does not follow
the property lines and as zoned is split between R-2 and GB.
Subject tract has been owned by current owner since 1974 and
owner was unaware until recently that part of his property was zoned
GB 20 years ago.
Owner requests an R-2 zoning change to conform to property lines.
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LOCATION MAP
Zone Change
No. 2006-21 Z
W+E
S
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 / issues, as follows:
.
No. / Date .s: 31 20a
No. Date 20
No. Date 20
No. Date 20
No. Date 20
~.~2
CFO
Subscribe and sworn to before me this ,$1
2000
Notary Public, State of Texas
20:': ~" - O";2..! ""L
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.
2006-021Z
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 James B.
Purcell, owner, for an
amendment to Ordinance
No. 2000M, the Zoning Map
of the City of Pearland, for
approval of a change in
LEGALS
zoning district from classifi-
cation General Business
Retail District (GB) to Single
family Residential - 2
District (R-2), on the follow-
ing described property, to
wit:
0.472 acres of land, Tract
M2J and M2K, Abstract
543, H.T. & B.R.R.
Company Survey, Johnston
Subdivision, City of
Pearland. Brazoria County,
Texas (Generally Located
on the North Side of Walnut
Street, and Approximately
150 Feet West of Johnston
Street)
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
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404 South Park
Pear/and, 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:
Subscribe and 'Sworn to before me this
$>
20 O~
day of
ura Ann Emmons, Publisher
Notary Public, State of Texas
dOOr::, - oa / z
LEGALS
TEXAS
ZONE CHANGE NO.
2006-021Z
I
LEGALS
I
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 James B.
Purcell, owner, for an
amendment to Ordinance
No. 2000M, the Zoning Map
of the City of Pearland, for
approval of a change in zon-
ing district from classifica-
tion General Business Retail
District (GB) to Single family
Residential - 2 District (R-
2), on the following
described property, to wit:
Senior Planner
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,
0.472 acres of land , Tract
M2J and M2K, Abstract 543,
H.T. & B.R.R. Company
Survey, Johnston
Subdivision, City of
Pearland, Brazoria County,
Texas (Generally Located
on the North Side of Walnut
Street, and Approximately
150 Feet West of Johnston
Street)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Isl Theresa Grahmann
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. 2006-21Z, a request by James B.
Purcell, 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
General Business Retail District (GB) to Single Family Residential - 2 District
(R-2), Generally Located on the North Side of Walnut Street, and Approximately
150 Feet West of Johnston Street
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 General
Business Retail District (GB) to Single Family Residential - 2 District (R-2), on the
following property:
Legal Description: 0.472 acres of land, Tract M2J and M2K, Abstract 543, H.T. &
B.R.R. Company Survey, Johnston Subdivision, City of Pearland,
Brazoria County, Texas
General Location: Generally Located on the North Side of Walnut Street, and
Approximately 150 Feet West of Johnston Street
Commission Member Greiner made a motion to recommend approval of the zone
change request, which was seconded by Commission Member Sherrouse. The motion
to approve passed 7 - O. The zone change was recommended for approval by the
Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 21Z
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