Ord. 2000M-0023 2006-12-11 FAILED
FAILED
12/11/06
ORDINANCE NO. 2000M-23
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 0.459 ACRES OF LAND, OR 20,000 SQUARE FEET, BEING CUT
OF AND PART OF THE COMMERCIAL RESERVE OF BLOCK 17,
SECTION 3, WEST LEA SUBDIVISION, AS RECORDED IN VOLUME 12,
PAGE 23, OF THE BRAZORIA COUNTY PLAT RECORDS, ABSTRACT
546, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST
SIDE OF FM 1128 (MANVEL ROAD), AND ON THE SOUTH SIDE OF
HERON LANE), (ZONE CHANGE APPLICATION NO. 2006-33Z), FROM
SUBURBAN RESIDENTIAL - 15 DISTRICT (SR-15) TO GENERAL
BUSINESS RETAIL DISTRICT (GB), AT THE REQUEST OF GARY
FORREST, APPLICANT FOR MURIEL A. FORREST, 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, Gary Forrest, applicant for Muriel A. Forrest, owner, filed on October
27, 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 20th day of November, 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 1st day of December, 2006, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
ORDINANCE NO. 2000M-23
regarding the proposed amendment application by Gary Forrest, applicant for Muriel A.
Forrest, owner, whereby the Commission recommended approval of the change of
classification for the described property from its existing classification of Suburban
Residential - 15 District (SR-15) to General Business Retail District (GB); 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 December 11, 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 Gary Forrest, applicant for Muriel A. Forrest, 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 Suburban Residential -
15 District (SR-15) is hereby zoned to General Business Retail District (GB), such
property being more particularly described as:
0.459 acres of land, or 20,000 square feet, being cut of and part of the
Commercial Reserve of Block 17, Section 3, West Lea Subdivision, as recorded
in Volume 12, Page 23, of the Brazoria County Plat Records, Abstract 546, H.T.
& B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Generally
Located on the East Side of FM 1128 (Manvel Road), and on the South Side of
Heron Lane)
Section II. The City Council of the City of Pearland finds and determines that
Page 2 of 4
Ord No 2000M-23
ORDINANCE NO. 2000M-23
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 11 th day of
Page 3 of 4
Ord No 2000M-23
ORDINANCE NO. 2000M-23
December, 2006.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
11 th day of December, 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-23
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APPLICATION FOR
A CHANGE IN ZONING
Exhibit "A"
Application and Map
Ordinance No, 2000M-23
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
W\NW .cityofpearland .com
Current Zoning District: -6 A> /,~
Proposed Zoning District: .(;:I?
Property Information:
Address or General Location of Property: r/fl 1/ ~?e'r /1~=!..<),/N /~4/!.{'/)I'/~j)( 77
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Tax Account No. 8z~J~J --. 0/ 7.3 ' c/$~/
Subdivision: 1&-67 iLl} '1 C/io5 f't III .r,d) Lot: J>.} ;"/,'/(i:::;Elpc::" Block: /7
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A Complete
Application
must include
all of this
information:
Ed
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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)
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAMEJt/A)le~ // /-C7kJ/&E6-/ NAME c:':-'7kY I;:::D~^"I..?C~;;, 7'
ADDRESS ? l? ,(YiA it t~ / ADDRESS P l.. /:)l-..!' /t L./'
CITY {lc/!l,kA#4 STATE~ ZIP /7/)- e~ CITY IL~i<(/~//Vt) STATE ;'-"1.( ZIP 77!5<cg
PHONE(;~gl ) L-fF9-- 'Z?'?,t7Lf PHONE(,,7BI ) L-Iy'~-;'i,") t/~
FAX{ ) /V' .4 FAX( ) /V~1
E-MAIL ADDRESS /1'1/ E-MAIL ADDRESS /ii
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 Pearland.
Owner's Signature:?/! >>~(/':j/ (jJ LJ.Jd..J.,j>-
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Date: /t). /3' - ~;;6
Agent's Signature:
Date:
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PAID:
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LOCATION MAP
Zone Change
No. 2006-33Z
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Map Prepared on October 30, 2006
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
Exhibit "B"
Publications
Ordinance No. 2000M-23
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. I Date 11-1 2000
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20
day of
~.
~
Laura Ann Emmons, Publisher
. Notary Public, State of Texas
, I ..,,-,~ '-"j' 1"'.-r
~.. I,~ I I' .',' -to,_ ~.._.:v </ (,.0.11 - ') ') L-
Published Nov. 1 and
Nov. 8. 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.
2006.33Z
Notice is hereby given that
on November 20, 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 Gary Forrest,
applicant for Muriel A.
Forrest, owner, for an
amendment to Ordinance
No. 2000M, the Zoning Map
of the City of Pearl and , for
approval of a change in zon-
ing district from classifica-
tion Suburban Residential -
15 District (SR-15) to
General Business Retail
District (GB), on the follow-
ing described property, to
wit:
:,~
LEGALS
and on the South Side of
Heron Lane)
At said hearing all interested
parties shall have the nght
and opportunity to appea'
and be heard on the subjec'
IS' "leresa Grahmann
Senior Planner
0.459 acres of land, or
20,000 square feet, being
cut of and part of the
Commercial Reserve of
Block 17, Section 3, West
Lea Subdivision, as record-
ed in Volume 12, Page 23,
of the Brazoria County Plat
Records, Abstract 546, H.T.
& B.R.R. Company Survey,
City of Pearland, Brazoria
County, Texas (Generally
Located on the East Side of
FM 1128 (Manvel Road),
AFFIDAVIT OF PUBLICAIIUN
The Pearland 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 drculation in Brazoria, Harris
and Galveston Counties, for J issues, as follows:
. ,
.,
No. J Date /1- '8 20 oro
No. Date 20
No. Date 20
No. Date 20
No. Date 20
.~ .
...j
.
~ ~
Subscribe and sworn to before me this
. 20 0(,
q
day of .JJ()(y
,~
Notary Public, State of Texas
i .
J ;.., _
"( .' i
. '.
j
.J'
. '".,J.2.....
. - F) Z-
'i:.- .-'
LEGALS
Published Nov. 1 and
Nov. 8, 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.
2006-33Z
Notice is hereby given that
on November 20, 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 Gary Forrest,
applicant for Muriel A.
Forrest, 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 Suburban Residential -
15 District (SR-15) to
General Business Retail
District (GB), on the follow-
ing described property, to
wit:
0.459 acres of land, or
20,000 square feet, being
cut of and part of the
Commercial Reserve of
Block 17, Section 3, West
Lea Subdivision, as record-
ed in Volume 12, Page 23,
of the Brazoria County Plat
Records, Abstract 546, H. T.
& B.R.R. Company Survey,
City of Pearland, Brazoria
County, Texas (Generally
Located on the East Side of
FM 1128 (Manvel Road),
and on the South Side of
Heron Lane)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject
Isl Theresa Grahmann
Senior Planner
Planning & Zoning Commission
Recommendation Letter
Decem ber 1 , 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2006-33Z, a request by Gary Forrest,
applicant for Muriel A. Forrest, 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 Suburban Residential - 15 District (SR-15) to General Business
Retail District (GB)
Honorable Mayor and City Council Members:
At their regular meeting of November 20, 2006, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Suburban
Residential - 15 District (SR-15) to General Business Retail District (GB), on the following
property:
Legal Description:
0.459 acres of land, or 20,000 square feet, being cut of and part of
the Commercial Reserve of Block 17, Section 3, West Lea
Subdivision, as recorded in Volume 12, Page 23, of the Brazoria
County Plat Records, Abstract 546, H.T. & B.R.R. Company Survey,
City of Pearland, Brazoria County, Texas
General Location:
Generally Located on the East Side of FM 1128 (Manvel Road), and
on the South Side of Heron Lane
Commission Member Sherrouse 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 Request 33Z
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