Ord. 2000M-0017 2006-08-14 FAILED
FAILED
8/14106
ORDINANCE NO. 2000M-17
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 4.540 ACRES, BEING OUT OF TRACT 29, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 304, AS RECORDED IN VOLUME 976,
PAGE 486, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF WOOTEN ROAD, AND
APPROXIMATELY 1,100 FEET NORTH OF FM 518 (BROADWAY
STREET)), (ZONE CHANGE APPLICATION NO. 2006-27Z), FROM
SINGLE FAMILY RESIDENTIAL - 3 DISTRICT (R-3) TO OFFICE AND
PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF GEORGE
MUTHALAL Y, APPLICANT FOR MORITZ V. CRAVEN, 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, George Muthalaly, applicant for Moritz V. Craven, owner, filed on
June 19, 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 1 ih day of July, 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 3rd day of August, 2006, the Planning and Zoning
ORDINANCE NO. 2000M-17
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by George Muthalaly, applicant for
Moritz V. Craven, owner, whereby the Commission recommended denial of the change
of classification for the described property from its existing classification of Single
Family Residential - 3 District (R-3) to Office and Professional District (OP); 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 August 14, 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 George Muthalaly, applicant for Moritz V. Craven, 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 - 3 District (R-3) is hereby zoned to Office and Professional District (OP),
such property being more particularly described as:
4.540 acres, being out of Tract 29, H.T. & B.R.R. Company Survey, Abstract
304, as recorded in Volume 976, Page 486, of the Deed Records of Brazoria
County, Texas, City of Pearland, Brazoria County, Texas (Generally Located
on the East Side of Wooten Road, and Approximately 1,100 Feet North of
FM 518 (Broadway Street))
Section II. The City Council of the City of Pearland finds and determines that
Page 2 of 4
Ord No 2000M-17
ORDINANCE NO. 2000M-17
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
Page 3 of 4
Ord No 2000M-17
ORDINANCE NO. 2000M-17
,2006.
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-17
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APPLICATION FOR
A CHANGE IN ZONING
City of PeIutarlld
ConIInuniIJ o.alopitltWlt
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P88rfMd, T.,. 77581
281-852-1781
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ri Fee (see ZOning Change Fee Sdtedufe)
ri lIIgII~~Surveraf"'~
ri .l.I!IIIsr &pIa}ning the Zoning ChanIe ~1fl8t 1ft .... (spear, the
fl r 1f .1JCMing ... wI'f .. zane change is b8fng ,*,1IJ1IIId. coumn use
f1I .. ......,. and 1he prupaeecl use of fie prapetty; f a PO is
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,. CMftet ... ~ I ~ rwqullllt 1IpPrCMI' of the abcwe descriIi'ed NJqU88t _ piDvIded for
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LOCATION MAP
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Zone Change
No. 2006-27Z
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Map Prepared on June 26, 2006
AFFIDAVIT' OF PUBliCATION
The Pearl and 'Reporter .News
.2404 South Park
Pearl.and, Texas 77581
State'Qf exas
. .
Elrazoria nd Harris Counties
. I ,'L~oyd . o"~row,' hereby certifY thaf the notice hereby~pperided ~as published
in TH~ EPORTER NEWS,. a newspaper of generalcirculation in B(azori~, Harris
a~d Gal ston Counties, for t .issues, as follows:'
,I ..
No
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Date" 6-:<.K
,:,...::-
20.12k-
No. .
NOJ- .
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. -Nol
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No
Date:
20.
20
Date
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20
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Sub$cfi~' andswom to befor~ me this j2q
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. day. of.
20-,.
nn Emmons, PUblisher. . .
. . .
.\
Notary. Public, State of.Texas
Zone- Chu?4e- ~000-C6<7--z.-.
Published June 28 and
July 5, 2006
NOnCE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CtTY OF PEARLAND,
TEXAS
ZONE CHANGE NO. 2006-
027Z f
Notice is hereby given that
on July 17, 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 Uberty
Drive, Pearland, Texas, on
the request of George
Muthalaly, applicant for
Moritz V. Craven, 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 - 3
District (R-3) to OfIice and
Professional District (OP),
on the following described
property, to wit:
4.540 acres, being out of
Tract 29, H.T. & B.R.R.
Company SUNe~ ~
304, as recorded in Volurt.e
976, Page 486, of the Deed
Records of Brazoria County,
Texas, City of Pearlll(ld,
Brazoria County, Texas
(Generally Located oir the
East Side of Woolen Road,
and Approximately 1,100
Feet North of FM 518
(Broadway Street)
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
AFFIDAVIT OFPUBLICATIQN
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 ci'rculation in Brazoria, Harris
and Galveston Counties, for ! issues, as follows:
Subscribe and sworn to before me this
~
dayof T~~
A~~
Laura Ann Emmons, Publisher
Notary Public, State of Texas
20 Oet
200(.:, - 0;;; f- z-
Published June 28 and
July 5, 2006
NonCE OF A JOINT PlJ8.
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO. 2001-
02n
Notice, is. hereby. givfKl Ih4tt
on July 17, 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 George
Muthalaly, applicant for
Moritz V. Craven, owner, for
an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Peartand, for approval of a
change in zoning district
from classification Single
Family Residential - 3
District (R-3) to OlIice and
Professional District (OP),
on the following desaibed
property, to wit:
4.540 acres, being out of
Tract 29, H.T. & BRR.
Company Survey, Abstract
304, as recorded in Volume
976, Page 486, of the Deed
Records of Brazoria County,
Texas, City of Peartand,
Brazoria County, Texas
(Generally Located on the
East Side of Wooten Road,
and Approximately 1,100
Feet North of FM 518
(Broadway Street)
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
August3,2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2006-27Z, a request by George Muthalaly,
applicant for Moritz V. Craven, 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 - 3 District (R-3) to Office and
Professional District (OP)
Honorable Mayor and City Council Members:
At their regular meeting of July 17, 2006, the Planning and Zoning Commission considered
the request for a change in zoning district from classification Single Family Residential - 3
District (R-3) to Office and Professional District (OP), on the following property:
Legal Description:
4.540 acres, being out of Tract 29, H.T. & B.R.R. Company Survey,
Abstract 304, as recorded in Volume 976, Page 486, of the Deed
Records of Brazoria County, Texas, City of Pearland, Brazoria
County, Texas
General Location:
Generally Located on the East Side of Wooten Road, and
Approximately 1,100 Feet North of FM 518 (Broadway Street)
Commission Member Diggs made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Koza. The motion to approve failed
2 - 4. Commissioners Fuertes and Koza voted for the motion to approve, and
Commissioners West, Sherrouse, Greiner, and Diggs voted against the motion. Therefore,
the zone change was recommended for denial by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 27Z
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