Ord. 2000M-0013 2006-07-24
ORDINANCE NO. 2000M-13
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 15.35 ACRES OF LAND, TRACT 3 AND 3F, ABSTRACT 242,
SECTION 17, H. T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH
SIDE OF FITE ROAD, AND APPROXIMATELY 1,100 FEET WEST OF FM
1128 (MANVEL ROAD)), (ZONE CHANGE APPLICATION NO. 2006-22Z),
FROM GENERAL BUSINESS RETAIL DISTRICT (GB) WITH AN
APPROVED SPECIFIC USE PERMIT, AND SINGLE FAMILY
RESIDENTIAL - 1 DISTRICT (R-1) TO TOWNHOUSE RESIDENTIAL
DISTRICT (TH), AT THE REQUEST OF MIKE POLLAK, APPLICANT FOR
SIGNATURE EUBANKS AND ASSOCIATES, LTD., 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, applicant for Signature Eubanks and Associates, Ltd.,
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 "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 Mike Pollak, applicant for Signature Eubanks and
ORDINANCE NO. 2000M-13
Associates, Ltd., owner, whereby the Commission recommended approval of the
change of classification for the described property from its existing classification of
General Business Retail District (GB) with an approved Specific Use Permit, and Single
Family Residential - 1 District (R-1) to 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 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 Mike Pollak, applicant for Signature Eubanks and Associates, Ltd.,
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) with an approved Specific Use Permit, and Single Family Residential
- 1 District (R-1) is hereby zoned to Townhouse Residential District (TH), such property
being more particularly described as:
15.35 acres of land, Tract 3 and 3F, Abstract 242, Section 17, H. T. & B.R.R.
Company Survey, City of Pearland, Brazoria County, Texas (Generally Located
on the North Side of Fite Road, and Approximately 1,100 Feet West of FM 1128
(Manvel Road))
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-13
ORDINANCE NO. 2000M-13
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.
Page 3 of 4
Ord No 2000M-13
ORDINANCE NO. 2000M-13
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
July, 2006.
~~f?w
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of July, 2006.
_~R~
c--
TOM REID
MAYOR
ATTEST:
MC
APPROVED AS TO FORM:
~ It. &L
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-13
APPLICATION FOR
A CHANGE IN ZONING
City of Pearlanc
Community Development
3523 Uber:y D;ive
(Community Center)
Pearland, Texas 77581
281-652.1539
281-652-1702 tax
wVvw.ci.pear1andtx. us
Please check one:
-dJ Change in Zoning Classification from:(G8lj)) {nuu .JAJ.1,r:hM to: Till 7O.tlflhoWJe bdmp.aJl ;)tA!-rc
(lis! current zoning) (U5\ propoud lonl~Q)
o Specific Use Permit Request for:
(list propoud use)
Property Information:
,. 'IS <vcrq): Alulr~cf~.t/~, t1~c. /7 J-/~. /j<e ('~ dU.7'/Uf (S-IIl} h7F&)
"'1.lu// (')t"U) A!J~ lro:J J c/</.,J Ja./ 1.!1T ~.ee {'oriflX9nL(ft/1 '(:.J-
Add ress:
Subdivision:
Lot:
Block:
T 1 D N b ~/t"ISJ.210~<l1-{)()c.<O.OOIi '- r::d--? ~ OO~O-//D
ax . . um er:..... 00; ",
I
** For unplatted property, attach a copy of the metes and bounds description"
Current use of property
(type of structures on prope~y): ,('A-v\I fCi/}c/ .
Future/proposed use of property and reason for zone change:
70 WI'} J7OP7C/.J ,/ chCu7Cj( rJ u.v
/ tJ
PROPERTY OWNER INFORMATION:
NAME .Yflladtu t;.l~6iUZJ.(,P .1I/},JoocJt/J !Jc!
ADDRESS 77S'7.:JM rcLtlx #Jot
CITY~foYl. STA~E T>t ZIP 7700
PHOr~~C?LL__) 7ft) o#;(,
fAX( '//3 ) 9's;.lJG-:2. 9
E.MAIL ADDRESS /Ylj)f);/aktU...J!x.'Cjlci'ar nd
I J
APPLICANT INFORMATION:
NAME JtJ(( !i!/t2.I:::-
ADDRESS 7717r:=JM ~/x $'0/0-/
CITY ~___STATE~_ZIP /'1{)t..j
PHO~' ) 7J9 IJ1&&
FAX( 71.3 ) 9scJ .3{r;29
E-MAIL ADDRESS !lij}o//tlKa}-..:;bcq /D6a~ I1d
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PETITION: As owner/agent, 1 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. 1
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 understa~d th am fully responsible for the correctness of the
. legal description 9iV8M/ ./J // tlIA
...Owner's Slgnature;~~/~- Data:
Agent's Signature:
Da te:
OFFICE USE ONLY: FEES PAID:
RECEIVED BY:
DATE PAID:
APPLICATION NO.
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LOCATION MAP
Zone Change
No. 2006-22Z
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:S-/ 20a
No. Date 20
No. Date 20
No. Date 20
No. Date 20
~r.~)
CFO
Subscribe and sworn to before me this 3/
2000
Notary Public, State of Texas
;:?UJ0 e>;.J;lC
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.
2006-022Z
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 Mike Pollak,
applicant for Signature
Eubanks and Associates,
Ltd., owner, for an amend-
ment to Ordinance No.
2000M, the Zoning Map of
the City of Pearland, for
approval of a change in
zoning district from classifi-
cation General Business
Retail District (GB) with an
approved Specific Use
Permit and Single Family
Residential - 1 District (R-1)
to Townhouse Residential
District (TH), on the follow-
ing described property, to
wit:
15.35 acres of land, Tract 3
and 3F, Abstract 242,
Section 17, H. T. & B.R.R.
Company Survey, City of
Pearlahd, Brazoria County,
Texas (Generally Located
on the North Side of Fite
Road, and Approximately
1,100 Feet West of FM
1128 (Manvel Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ 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
~~-J;;.--~
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
g
day of
20 O~
ura Ann Emmons, Publisher
Nota.ry Public, State of Texas
aOO&;; - c~~;;.. 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.
2006-022Z
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
Peartand, 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, Peartand, Texas, on
the request of Mike Pollak,
applicant for Signature
Eubanks and Associates,
LId., owner, for an amend.
ment to Ordinance No.
2000M, the Zoning Map of
the City of Peartand, for
approval of a change in zon-
ing district from classifica-
tion General Business Retail
District (GB) with an
approved Specific Use
Permit and Single Family
Residential - 1 District (R-1)
to Townhouse Residential
District (TH), on the follow-
ing described property, to
wit:
15.35 acres of land, Tract 3
and 3F, Abstract 242,
Section 17, H. T. & B.R.R.
Company Survey, City of
Peartand, Brazoria County,
Texas (Generally Located
on the North Side of Fite
Road, and Approximately
1,100 Feet West of FM 1128
(Manvel Road)
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. 2006-22Z, a request by Mike Pollak, applicant
for Signature Eubanks and Associates, Ltd., 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) with an approved
Specific Use Permit and Single Family Residential - 1 District (R-1) to Townhouse
Residential District (TH), Generally Located on the North Side of Fite Road, and
Approximately 1,100 Feet West of FM 1128 (Manvel Road)
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)
with an approved Specific Use Permit and Single Family Residential - 1 District (R-1) to
Townhouse Residential District (TH), on the following property:
Legal Description:
15.35 acres of land, Tract 3 and 3F, Abstract 242, Section 17, H. T. &
B.R.R. Company Survey, City of Pearland, Brazoria County, Texas
General Location:
Generally Located on the North Side of Fite Road, and Approximately
1,100 Feet West of FM 1128 (Manvel Road)
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 passed 6
- 1. Commission Member Greiner voted against the motion to approve. The zone change was
recommended for approval by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 22Z
Page 3 of 3