Ord. 2000M-0018 2006-08-28
ORDINANCE NO. 2000M-18
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
1.995 ACRES OF LAND SITUATED IN THE H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 304, BEING A PORTION OF LOT 39 OF THE
ALLISON RICHEY GULF COAST HOME COMPANY SUBURBAN
GARDENS SUBDIVISION, SECTION 85, AS SHOWN ON MAP OR PLAT
AS RECORDED UNDER VOLUME 2, PAGE 107, OF THE PLAT RECORDS
OF BRAZORIA COUNTY, ALSO BEING ALL OF THAT CERTAIN CALLED
2.00 ACRE TRACT OF LAND AS DESCRIBED IN DEED AND RECORDED
UNDER FILE NO. 921017114 OF THE OFFICIAL PUBLIC RECORDS OF
REAL PROPERTY OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE WEST SIDE OF MILLER RANCH ROAD (COUNTY ROAD 93), AND
APPROXIMATELY 800 FEET NORTH OF FM 518 (BROADWAY STREET)),
(ZONE CHANGE APPLICATION NO. 2006-29Z), FROM SINGLE FAMILY
RESIDENTIAL - 1 DISTRICT (R-1) TO OFFICE AND PROFESSIONAL
DISTRICT (OP), AT THE REQUEST OF MONTY HUDSON, APPLICANT
FOR JASVANT C. PATEL, 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, Monty Hudson, applicant for Jasvant C. Patel, owner, filed on June
23, 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 yth 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
ORDINANCE NO. 2000M-18
WHEREAS, on the 3rd day of August, 2006, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Monty Hudson, applicant for Jasvant
C. Patel, owner, whereby the Commission recommended approval of the change of
classification for the described property from its existing classification of Single Family
Residential - 1 District (R-1) 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 Monty Hudson, applicant for Jasvant C. Patel, 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 - 1 District (R-1) is hereby zoned to Office and Professional District (OP),
such property being more particularly described as:
1.995 acres of land situated in the H.T. & B.R.R. Company Survey, Abstract 304,
being a portion of Lot 39 of the Allison Richey Gulf Coast Home Company
Suburban Gardens Subdivision, Section 85, as shown on map or plat as
recorded under Volume 2, Page 107, of the Plat Records of Brazoria County,
also being all of that certain called 2.00 acre tract of land as described in deed
and recorded under File No. 921017114 of the Official Public Records of Real
Property of Brazoria County, Texas, City of Pearland, Brazoria County, Texas
Page 2 of 4
Ord No 2000M-18
ORDINANCE NO. 2000M-18
(Generally Located on the West Side of Miller Ranch Road (County Road 93),
and Approximately 800 Feet North of FM 518 (Broadway 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
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-18
ORDINANCE NO. 2000M-18
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of
August, 2006.
~~
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
28th day of August, 2006.
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TOM REI D
MAYOR
ATTEST:
APPROVED AS TO FORM:
~f(.~
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-18
Ma~ 19 06 11:16a
Super8motel
325 6735314
p. 1
APPLICATION FOR
A CHANGErNZONING
City of Pearlano
Community Development
3523 Libel1y Drive
(Community Cent~r)
Peanand. Te~~~ 77581
281..(j57.17B8
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Current Z('In;nw District:.
Proposed zoning District
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Property Information:
A(J(tre5S or Genel"al \..oGl;Ilu.m of property: (,~ R4oc- r ~ )2. 7"'"W ~ 'Ftit\. 1;1 ~
t;)f<J V. I""" ~r' g- ANrM ycA:O'
> Tax ACOOl)nt No.
SuMt\ligion:~Ll~ ii!~#J-Jr ..~::....CMPb.ti.S- Lot:
8Ieek: "?'VArr II
A Compfete
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must include
All ol.tbia
iururmativn:
u;d'
ri
ri
legal D~criplion cllldlof Survey of the Property
FAA (~II! '-'oning Change Fee Sche<h.de)
Letter ExplaIning the Zoning Change Re~Ul!!:t in detail (specify the
existinq z.oninq and why the ;:one change is being requested. current use
of the property. and the proposed" use of the property; if a PD is
re~sted..aee. PO Format and Gu;d~lines)
> PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
!IJ}l.UF---e:rp,s"", A"'n ~ . ?/~ El........ NAMEM&.tT.!:l_-,.hd:~Al
ADDR!;SS 1 S ,)? ~ E::.~\~.,. :1> ~ ADDRESS ~; w. ~AlAl <;'T 5.~ In';:-
CITY Ae1 L ~ t2 STATE.26.....ZIP :J)_~:>i CITV.~--.I?U~ ~TATE 'T'X ZIP ~M...
PHONE( ~.~ ( )j:>) .1... (" -<,s::\ - <. ~ l' - ~ J... 'f :jf<I' PHONE! ~ }. 7~J - ~10
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Ns owner i:tfld <:JppliCMI. I hereby reqtle$t approval of the itb~ ~c.ribed request liS provided for
by the Unified Development Code-of th~ City of Pear1and.
OF'F1C~ U~E ONLY:
FEfi;S )I' 11 - 00
PAID: ex-. -
Date: G 1i \ J 'O~
Date:........,5 /,s-IO(""
,
> OWner's Signature:
Agenrs Signature:
R~r;IVE[). RECEIP'r
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LOCATION MAP
Zone Change
No. 2006-29Z
W+E
S
o 200 400 Feet
I I I I I I
Map Prepared on June 26, 2006
AFFIDAVIT' OF PUBLICATION
j
.1
I
i
The Pearland 'Reporter .News
. .2404 South Park
Pearl.and, Texas 77581
~t~te 'of exas '. .
. o. oBorazoria nd Harris'. Counties'
1,0Lroyd j 0 ()rrow,o hereby certifY thaf the notice he~eby~pperided was published
in THE . EPORTER NEWS, a newspaper of general circlJlation in Bnii:oria, Hams
~d Gal . stan Counties, for. lissues, as follows:
/ .~
~'No
01. Date b":<f
., Date'
Date
. o bate
Date
20 --'lk-
No
No
20,
20
No
20
No
--,- 20
) .~. .
Sub$cfi~' andswom to befor~ me this ~q
20
. \
nn Emmons, PUbliSher _ 0 . .
. . .
Notary. Public, State of.Texas . 0
.:?1) t ' ~..
.. hi. I Ie . 110. ;).COln - OQi'1 7-
Published June 28 and July
5,2006
NOTICE OF A JOINT PUB.
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO. 2006-
029Z
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, Hams
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 Monty
Hudson, applicant for
Jasvant C. Patel, 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 - 1
District (R-1) to Office and
Professional District (OP),
on the following described
property, to wit:
1.995 acres of land situated
in the H.T. & B.R.R.
Company Survey, Abstract
304, being a portion of Lot
39 of the Allison Richey Gulf
Coast Home Company
Suburban Gardens
Subdivision, Section 85, as
shown on map or plat as
recorded under Volume 2,
Page 107, of the Plat
Records of Brazoria County,
also being all of that certain
called 2.00 acre tract of land
as described in deed and
recorded under File No.
921017114 of the Official
Public Records of Real
Property of Brazoria County,
Texas, City of Pearland,
Brazoria County, Texas
(Generally Located on the
West Side of Miller Ranch
Road (County Road 93),
and Approximately 800 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.
/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
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:
~o
Subscribe and sworn to before me this
~
day of N(h
20 Del
Laura Ann Emmons, Publisher
Notary Public, State of Texas
'L 0040 .. 2. Cj L
Published June 28 and July
5,2006
NOTICE OF A JOINT PUB.
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO. 2006-
029Z
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 Liberty
Drive, Pearland, Texas, on
the request of Monty
Hudson, applicant for
Jasvant C. Patel, 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 - 1
District (R-1) to Office and
Professional District (OP),
on the following described
property, to wit:
1.995 acres of land situated
in the H.T. & B.R.R.
Company Survey, Abstract
304, being a portion of Lot
39 of the Allison Richey Gulf
Coast Home Company
Suburban Gardens
Subdivision, Section 85, as
shown on map or plat as
recorded under Volume 2,
Page 107, of the Plat
Records of Brazoria County,
also being all of that certain
called 2.00 acre tract of land
as described in deed and
recorded under File No.
921017114 of the Official
Public Records of Real
Property of Brazoria County,
Texas, City of Pearland,
Brazoria County, Texas
(Generally Located on the
West Side of Miller Ranch
Road (County Road 93),
and Approximately 800 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
August 3,2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2006-29Z, a request by Monty Hudson,
applicant for Jasvant C. Patel, 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 - 1 District (R-1) 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 - 1 District
(R-1) to Office and Professional District (OP), on the following property:
Legal Description:
1.995 acres of land situated in the H.T. & B.R.R. Company Survey,
Abstract 304, being a portion of Lot 39 of the Allison Richey Gulf Coast
Home Company Suburban Gardens Subdivision, Section 85, as shown
on map or plat as recorded under Volume 2, Page 107, of the Plat
Records of Brazoria County, also being all of that certain called 2.00
acre tract of land as described in deed and recorded under File No.
921017114 of the Official Public Records of Real Property of Brazoria
County, Texas, City of Pearland, Brazoria County, Texas
General Location:
Generally Located on the West Side of Miller Ranch Road (County Road
93), and Approximately 800 Feet North of FM 518 (Broadway Street)
Commission Member Koza made a motion to recommend approval of the zone change request,
which was seconded by Commission Member West. The motion to approve passed 6 - O.
The zone change was recommended for approval by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 29Z
Page 3 of 3