Ord. 2000M-0019 2006-08-28
ORDINANCE NO. 2000M-19
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 1.26 ACRES OF LAND, BEING LOTS 1A, 1E, 1D, AND 1E1,
ABSTRACT 239, H. T. & B.R.R. COMPANY SURVEY, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE SOUTH SIDE OF WALNUT STREET, AND APPROXIMATELY 400
FEET EAST OF MCLEAN ROAD), (ZONE CHANGE APPLICATION NO.
2006-28Z), FROM SINGLE FAMILY RESIDENTIAL - 2 DISTRICT (R-2)
TO TOWNHOUSE RESIDENTIAL DISTRICT (TH), AT THE REQUEST OF
RICHARD GONZALEZ, APPLICANT FOR RMMA INVESTMENTS,
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, Richard Gonzalez, applicant for RMMA Investments, 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 th 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
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Richard Gonzalez, applicant for
ORDINANCE NO. 2000M-19
RMMA Investments, owner, whereby the Commission recommended approval of the
change of classification for the described property from its existing classification of
Single Family Residential - 2 District (R-2) 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 tile 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 Richard Gonzalez, applicant for RMMA Investments, 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 - 2 District (R-2) is hereby zoned to Townhouse Residential District (TH),
such property being more particularly described as:
1.26 acres of land, being lots 1A, 1 E, 1 D, and 1 E1, Abstract 239, H. T. & B.R.R.
Company Survey, City of Pearland, Brazoria County, Texas (Generally Located
on the South Side of Walnut Street, and Approximately 400 Feet East of McLean
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
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
Page 2 of 4
Ord No 2000M-19
ORDINANCE NO. 2000M-19
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 14th day of
August, 2006.
~~
TOM REID
MAYOR
Page 3 of 4
Ord No 2000M-19
ORDINANCE NO. 2000M-19
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
28th day of August, 2006.
- "t,,,.} i1~
~iDtL
MAYOR
ATTEST:
C
APPROVED AS TO FORM:
~- . ~.~
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-19
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
www.cityofpearland.com
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Current Zoning District I<'5.:J1c,tt (~~ CUe "-
Proposed Zoning District/I--if! If
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Property Information:
Address or General Location of Property: (/I.l ('/ L/ /)
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Tax Account No.
Subdivision:
Lot:
Block:
A Complete
Application
must include
all of this
information:
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Legal Description and/or Survey of the Property
Fee (see Zoning Change Fee Schedule)
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)
PROPERT OWNER INFQB.MATION: APPLlCA,NT INFORMATlOf\!:
, .,.,//7 ,./',/],/1 '~.'.] ,/ "'./ ('''-1 / y. I I I~ .., . ;'.7
NAME L/ / -~. (, NAME /"'li, ;,i./ / (j(./.I.::~~(/(~-
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ADDRESS ,,"'; 0 () /1 l.~~,(.i '? /;] ('~ ADDRESS. -f ' /( ,/-:/ t. (' .
/') , / /
CITY1(>c;r!{;,(~/ STATE ITYZIP'-:?lJjT CITY/,( I STATE T'Z ZIP"775'T'/
PHONE(u1?~ I ) L~}{l /7 .J)/j-'':":>',')- PHONE( '/ .;'? r,.;L
FAX(;:7Cr I ) C)')'J - C'}t.'~.:;- FAX( <' \ !) '.J ..'/) /~ /;-
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E-MAIL ADDRESS 1< //'/!t1 It (,(/ /;j'i~)::'/~L // ,'(,VI. E-MAIL ADDRESS /.:,' /::; il(, Ii L? li){c\? //:::..(", rOD(Y1 .
As owner and applicant, I he/~bY request appr6~a'i;~f the above desc~ibed requesf as provided for (i D(Y)
by the Unified Deve,oP7nt C.o de1of.th e yj,tYlf Pea~land.
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Owners Signature: ///lc':lt,.../l(" f2/ It I'Y \/ Date:/,. "",;c7 "'C:lv..-:'
v_ "J
Agent's Signature:
Date:
OFFICE USE ONLY:
I FEES * J -71..- 0,-,
PAID: C7-::J.-
RECEIVED t- '1/
BY: -{('~'~
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RECEIPT
NUMBER:
V,11 Ie nl.;v"n
Application
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LOCATION MAP
Zone Change
No. 2006-28Z
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200 400 Feet
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Map Prepared on June 26, 2006
AFFIDAVIT' OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearl.and, Texas 77581
State 'of exas
. .
B'razoria nd Harris Counties
. I ,'L~oyd . o'rrow, hereby certify thaf the notice hereby appended was published
in THE EPORTER NEWS; a newspaper of g'eneralcirculation in B(azoria, Harris
a~d Gal ston Counties, for 1 .issues,as follows:'
/ ..
No .1 Date b-~f 2012k-
No . Date' 20.
NO!
Date 20
I
-Nol '.Date 20
. I
Nol' Date ~20
) .~
Subscrib' and sworn to before me this ~q
20 cR., ,
, I
I
. day of
.\
nn Emmons, PUbliSher _ " .
Notary Public, State of.Texas
',,; " ')u,;Jooro-CJ8z..
t"'uollsnea June Zl:l and July
5, 2006
NOTICE OF A JOINT
PULlC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO. 2006-
028Z
Notice is hereby giver' that
on July 17, 2006, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pear/and, 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 Richard
Gonzalez, applicant for
RMMA Investments, owner,
for an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Pear/and, for approval of a
change in zoning district
from classification Single
Family Residential - 2
District (R-2) to Townhouse
Residential District (TH), on
the following described
property, to wit:
1.26 acres of land, being
lots 1A, 1E, 10, and 1E1,
Abstract 239, H. T. & B.RR
Company Survey, City of
Pearland, Brazoria County,
Texas (Generally Located
on the South Side of Walnut
Street, and Approximately
400 Feet East of McLean
Road)
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 ~
20 ol;
,
day of Jkl(f-~
AA:b~
Laura Ann Emmons, Publisher
Notary Public, State of Texas
,"e
~~ ...., ~
. ~. 1 l4URAANNE
\, ""'f{, Notafy PUblic s' "MONS
'N ,. Comrnlqlofl &PI ""fIt r,xas
': ' 'II og'(Jg'Z006
::' :. <.. - (.~) g z
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-
028Z
LEGALS
II
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
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 Richard
Gonzalez, applicant for
RMMA Investments, 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 - 2
District (R-2) to Townhouse
Residential District (TH), on
the following described
property, to wit:
1.26 acres of land, being
lots 1A, 1E, 10, and 1E1,
Abstract 239, H. T. & B.R.R.
Company Survey, City of
Peartand, Brazoria County,
Texas (Generally Located
on the South Side of Walnut
Street, and Approximately
400 Feet East of McLean
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
August 3, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2006-28Z, a request by Richard
Gonzalez, applicant for RMMA Investments, 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 - 2 District
(R-2) to Townhouse Residential District (TH)
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 - 2 District (R-2) to Townhouse Residential District (TH), on the following
property:
Legal Description:
1.26 acres of land, being lots 1A, 1 E, 1 D, and 1 E1, Abstract 239,
H. T. & B.R.R. Company Survey, City of Pearland, Brazoria
County, Texas
General Location:
Generally Located on the South Side of Walnut Street, and
Approximately 400 Feet East of McLean 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 - O. The zone change was recommended for approval by the Planning and
Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 28Z
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