Ord. 2000M-0016 2006-08-28
ORDINANCE NO. 2000M-16
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 0.34 ACRE TRACT OF LAND LOCATED IN THE W.D.C HALL
SURVEY, ABSTRACT 70, WITH SAID TRACT BEING PART OF THAT
13.838 ACRE TRACT DESCRIBED IN THE FINAL JUDGEMENT OF
CAUSE NO. 23,835G, CITY OF PEARLAND VS 313 ACRES PEARLAND
JOINT VENTURE, ET AL, AS RECORDED UNDER BRAZORIA COUNTY
CLERK'S FILE NO. 98040264, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED APPROXIMATELY 500 FEET
WEST OF LIBERTY DRIVE, AND APPROXIMATELY 300 FEET SOUTH
OF FM 518 (BROADWAY STREET)), (ZONE CHANGE APPLICATION NO.
2006-26Z), FROM SINGLE FAMILY RESIDENTIAL - 4 DISTRICT (R-4) TO
GENERAL COMMERCIAL DISTRICT (GC), AT THE REQUEST OF AL
OSBORN (OSBORN AND VANE ARCHITECTS), APPLICANT FOR
DONY A, LLC, 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, AI Osborn (Osborn and Vane Architects), applicant for Donya, LLC,
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 ylh 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-16
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by AI Osborn (Osborn and Vane
Architects), applicant for Donya, LLC, owner, whereby the Commission recommended
approval of the change of classification for the described property from its existing
classification of Single Family Residential - 4 District (R-4) to General Commercial
District (GC); 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 AI Osborn (Osborn and Vane Architects), applicant for Donya, LLC,
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- 4 District (R-4) is hereby zoned to General Commercial District (GC), such
property being more particularly described as:
0.34 acre tract of land located in the W.D.C Hall Survey, Abstract 70, with said
tract being part of that 13.838 acre tract described in the final judgement of
Cause No. 23,835G, City of Pearland vs 313 Acres Pearland Joint Venture, et ai,
as recorded under Brazoria County Clerk's File No. 98040264, City of Pearland,
Brazoria County, Texas (Generally Located Approximately 500 Feet West of
Liberty Drive, and Approximately 300 Feet South of FM 518 (Broadway Street))
Page 2 of 4
Ord No 2000M-16
ORDINANCE NO. 2000M-16
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-16
ORDINANCE NO. 2000M-16
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of
August, 2006.
~r~
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
28th day of August, 2006.
- ~r~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
~. r_1t hi--
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-16
; "'UI'I . =>! Lt'. r<:UHlJ r'KUr'I::K I ! 1::::0
rHX NU. 281 484 8800
Jun. 06 2006 08:49AM P4
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
1foIV>N/. cityofpearland. com
Current Zoning District: B - 4 Res i de.nf\ a....\
Proposed Zoning District: C. - L'O V"(\ mer" c... \ a..... \
Property Information:
Address or General Location of Property: O. ~Lf Ac.. (l4, ~a~ 9.t:')T,^a.c:.+ of \a.nd loc.a,:tcd \t\-the..>>
~ .0. c.. \\Q,,\ l SU.(lIt"i ~ n5'trcu.~ 10. C',t"{ of fe(if'\~, Bra. "'tD(" ~O- Co. ,T e)CQ. ~
Tax Account No.
Subd ivision:
Lot:
Block:
A Complete
Application
must include
all of this
information:
Li'
ri
,
Fee (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 PO Format and Guidelines)
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAMEJ)on ~ Q. }.,.. L..c. NAME A L OsboQ.(\ (Osborn t, Vo..n€ f\cc:.n\+e c.-t~)
ADDRESS I~(Q 30 ~o..rne.i i:t l01 ADDRESS aOOO ~("~n~ C>("\\l e , S-t<. ~ I 0
CITY "Ol.t.s'to.... STATE~ZIP1,D~'\ CITY t\cu~to~ STATE ,~ ZIP ,10lQ'
PHONE!a.~l )f..l&l.I.1U\ PHONE!"b) '~l-5alt:>~
FAX!:).~ l ) L4~4.S<600 FAX! 11~) 1~l-5.34'l
E-MAIL ADDRESS jA'i jf\\lA.\:)i (X. e. i\R H\ L......iK.NC r E-MAIL ADDRESS o.osbo<"n~ovo.."'e.c.om
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code of the City of Pearl and.
owner'SSignature;~ ;
Agent's Signature: _. ~~ "-
Date:
G..- 7-- (!) b
&(~tb~_
Date:
RECEIPT / ....1 3 LL
NUMBER: G1 C^ T
LOCATION MAP
Zone Change
No. 2006-26Z
W+E
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200 400 Feet
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Map Prepared on June 26, 2006
AFFIDAVIT OF PUBLICATION
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State of Texas
S'razoria nd Harris Counties
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
I,. Lroyd ,orrow, hereby certify that' the notice hereby appended was published
in TH~ EPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and GaTston Counties, for I issues, as follows:
NO.1 1 .' Date 6~~f 20 ~
No. ' Date .' 20,
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~ scn r an sworn to before me this ~""l
20 a., I
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\
i
nn Emmons, PUblisher" .
Notary Public, State of,Texas
20 f)e. cJ,(, I',. .
- C'21o z..
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-
026Z
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 AI Osborn
(Osborn and Vane
Architects), applicant for
Donya, LLC, 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 Single Family
Residential- 4 District (R-4)
to General Commercial
District (GC), on the follow-
ing described property, to
wit:
0.34 acre tract of land locat-
ed in the WD.C Hall Survey,
Abstract 70, with said tract
being part of that 13.838
acre tract described in the
final judgement of Cause
No. 23,835G, City of
Pearland vs 313 Acres
Pearland Joint Venture, et
ai, as recorded under
Brazoria County Clerk's File
No. 98040264, City of
Pearland, Brazoria County,
Texas (Generally Located
Approximately 500 Feet
West of Liberty Drive, and
Approximately 300 Feet
South 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.
.Jsl 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:
~o
Subscribe and sworn to before m~~~~is day of JI:J',(f-~
2ool; ~PIl~;",t&MEM~~~~s ~~
' "'~\ ....11 State 01 6
:€ ~ .\~...r1\2" .,) ~ Ires 09009-200..,
. ~ _' "0\ "i",;;$IOI\ E II
~~ v~' ~I
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.',.-.
Laura Ann Emmons, Publisher
Notary Public, State of Texas
z 00 fer P.J <L 7.-
Published June 28 and
July 5, 2006
NOTICE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO. 2006-
026Z
Notice is hereby given that
on July 17, 2006, at 6:30
p.m., the City Council and
LEGALS
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 AI Osborn
(Osborn and Vane
Architects), applicant for
Donya, LLC, owner, for an
amendment to Ordinance
No. 2000M, the Zoning Map
of the City of Peartand, for
approval of a change in zon-
ing district from classifica-
tion Single Family
Residential- 4 District (R-4)
to General Commercial
District (GC), on the follow-
ing described property, to
wit:
0.34 acre tract of land locat-
ed in the WD.C Hall Survey,
Abstract 70, with said tract
being part of that 13.838
acre tract described in the
final judgement of Cause
No. 23,835G, City of
Pearl and vs 313 Acres
Peartand Joint Venture, et
ai, as recorded under
Brazoria County Clerk's File
No. 98040264, City of
Peartand, Brazoria County,
Texas (Generally Located
Approximately 500 Feet
West of Liberty Drive, and
Approximately 300 Feet
South 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.
151 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. 2006-26Z, a request by AI Osborn (Osborn
and Vane Architects), applicant for Donya, LLC, 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 - 4 District (R-
4) to General Commercial District (GC), Generally Located Approximately 500 Feet
West of Liberty Drive, and Approximately 300 Feet South of FM 518 (Broadway
Street)
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 - 4 District
(R-4) to General Commercial District (GC), on the following property:
Legal Description:
0.34 acre tract of land located in the W.D.C Hall Survey, Abstract 70,
with said tract being part of that 13.838 acre tract described in the final
judgement of Cause No. 23,835G, City of Pearland vs 313 Acres
Pearland Joint Venture, et ai, as recorded under Brazoria County Clerk's
File No. 98040264, City of Pearland, Brazoria County, Texas
General Location:
Generally Located Approximately 500 Feet West of Liberty Drive, and
Approximately 300 Feet South of FM 518 (Broadway Street)
Commission Member West made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Koza. The motion to approve passed 5
- O. The zone change was recommended for approval by the Planning and Zoning
Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request26Z
Page 3 of 3