Ord. 2000M-0022 2006-12-11
ORDINANCE NO. 2000M-22
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. 2006-32Z), FROM SINGLE FAMILY
RESIDENTIAL - 3 DISTRICT (R-3) TO PLANNED DEVELOPMENT
DISTRICT (PD), AT THE REQUEST OF GC ENGINEERING, INC.,
APPLICANT FOR MUTHALAL Y INVESTMENTS 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, GC Engineering, Inc., applicant for Muthalaly Investments LLC,
owner, filed on August 18, 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 18th day of September, 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 1 ih day of November, 2006, the Planning and Zoning
ORDINANCE NO. 2000M-22
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by GC Engineering, Inc., applicant for
Muthalaly Investments LLC, owner, whereby the Commission recommended approval
of the change of classification for the described property from its existing classification
of Single Family Residential - 3 District (R-3) to Planned Development District (PD);
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 November 27,2006; 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 GC Engineering, Inc., applicant for Muthalaly Investments 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 - 3 District (R-3) is hereby zoned to Planned Development District (PD), in
accordance with all conditions and requirements listed in the Planned Development
(PD) Document, also known as Exhibit "C" attached hereto and incorporated for all
purposes, 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
Page 2 of 4
Ord No 2000M-22
ORDINANCE NO. 2000M-22
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
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-22
ORDINANCE NO. 2000M-22
PASSED, APPROVED, and ADOPTED on First Reading this 2yth day of
November, 2006.
~r~
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
11 th day of December, 2006.
~~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
iL:- ft.~
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-22
APPLICATION FOR
A CHANGE IN ZONING
Exhibit "A"
Application and Map
Ordinance No. 2000M-22
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland,Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Current Zoning District: ..51 tJ C1 L': f AM' t.:,! ~S.P)~ N~' 1\1-- 3 (i...;) D\5'T~\t I
Proposed Zoning District: O~l(~.& Al'\A. ~(LOF~S\ON"L w:,'" Pi) (Op- PD)
Property Information:
Address or General Location of Property:
~lI\. ~ ~tk~r ?;~e..
Tax Account No. 03 0 4-' 00 01-. 000
Subdivision:1d(i~ot\ ~c~ ".C. ~m.ec..
Lot: tJ. Yz....f.Lor 2..'1. Block: ~~'ot\ t~
\\!\ Sl @. ,f.. ~ .
A Complete
Application
must include
all of this
information:
o
o
o
Legal Description andfor 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 I and the proposed use of the property; if a PO is
requested, see PO Format and Guidelines)
Fee (see Zoning Change Fee Schedule)
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: r
NAME M\.{,\\\Al.. r:\L..Y 1.N"t~~ LLt. NAME 6\c. ~~3"j~fiv'\Q I lh(..
ADDRESS .32.[5 t;eA-E"S"\b,J ~ ADDRESS 4-2-0\ W't:':>~ ~UA-o IN ft'f
CITY ~€Jc~LA:ND STAT6x ZIP _~g~ CITY~PrND STATE <T X ZIP -.a";ft;"g \
PHONE(t'p:J,.. ):1, '; 0 ~ b Lt ~ PHONE( 2- i, ) 4 I 2.. 1- 0 0 ~
FAX( 2-g- \) G~ 2- ct~" 1- FAX( 2..g \) 412- 4- (0 2- S
E-MAil ADDRESS ~M""~~\~\'1 <8> Wl $w'l. GoW) E-MAil ADDRESS m'(octy'ao~tc -.lWIt'rHtt~i~'(ol
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: ~5~ ~. ~
Agent's Signature: ~ A. '". ~':l>-e.160
Date: ~\r '~I 2-d> b
Date:~ t '--'.I l)..D t:1 L
RECEIVED
BY:
RECEIPT
NUMBER:
Application
No. f)ODtp - 3 'J l.
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LOCATION MAP
Zone Change
No. 2006-32Z
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BROADWAY ST
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Map Prepared on August 30, 2006
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
Exhibit "B"
Publications
Ordinance No. 2000M-22
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:
. /
No. / Date g-30 20 --I1ta.
r
No. Date 20
No. Date 20
No. Date 20
No. Date 20
f'
Notary Public, State of Texas
Lo'lL ChaY\€)e- ;26D'\o- 3d Z
Published Aug. 30, and
Sept. 6, 2006
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2006-32Z
Notice is hereby given that
on September 18, 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 GC
Engineering, Inc., applicant
for Muthalaly Investments
LLC, owner, for an amend-
ment to Ordinance No.
LEGALS
~I
2000M, the Zoning Map of
the City of Pearland, for
approval of a change in zon-
ing district from classifica-
tion Single Family
Residential- 3 District (R-3)
to Planned Development
District (PO), on the follow-
ing described property, to
wit:
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))
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
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 775-81
State of Texas
Brazoria and Harris Counties
Exhibit "B"
Publications
Ordinance No. 2000M-22
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 . I . issues, as follows: .
Subscribe and sworn to before me this
J
day of AI
200( A
,
aura Ann Emmons, Publisher
Notary Public, State of Texas
KOCH) -:J ?-
l..oV\e Chcl nN- 1-00(0 - QJ-:r
(
LEGALS
ing described property, to
wit:
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))
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
'I
Published Aug. 30, and
Sept. 6, 2006
NOTICE OF A JOINT
I)UBLlC HEARING OF THE
;ITY COUNCIL AND THE
)LANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2006-32Z
Notice is hereby given that
on September 18, 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 GC
Engineering, Inc., applicant
for Muthalaly Investments
LLC, owner, for an amend-
ment 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 - 3 District (R-3)
to Planned Development
District (PD), on the follow-
I [I
Planning & Zoning Commission
Recommendation Letter
November 17, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2006-32Z, a request by GC Engineering, Inc.,
applicant for Muthalaly Investments 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 - 3 District (R-3) to Planned
Development District (PD)
Honorable Mayor and City Council Members:
At their regular meeting of October 30, 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 Planned Development District (PD), 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 Greiner made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Diggs. The motion to approve passed 4
- O. The zone change was recommended for approval by the Planning and Zoning
Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 32Z
Page 3 of 3