Ord. 2000M-0027 2007-01-22
ORDINANCE NO. 2000M-27
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 DESIGNATING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING ALL OF MUNICIPAL UTILITY DISTRICT 1 (MUD 1 ), GENERALLY
INCLUDING TRANQUILITY LAKES SECTION 1, TRANQUILITY LAKES
SECTION 2, TRANQUILITY LAKES SECTION 3, TRANQUILITY BAY
APARTMENTS, SOUTHWYCK SECTION 1, SECTION 2, SECTION 3,
SECTION 7 AND SECTION 8, AND STEPPING STONE 3 ADDITION
(GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY
STREET), AND ON THE EAST AND WEST SIDES OF OLD CHOCOLATE
BAYOU ROAD (COUNTY ROAD 89)), (ZONE CHANGE APPLICATION NO.
2006-38Z), AS CLASSIFICATION SINGLE FAMILY RESIDENTIAL - 2
DISTRICT (R-2), SINGLE FAMILY RESIDENTIAL - 3 DISTRICT (R-3),
SINGLE FAMILY RESIDENTIAL - 4 DISTRICT (R-4), MULTI-FAMILY
DISTRICT, (MF), AND NEIGHBORHOOD SERVICE DISTRICT (NS),
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, the City Council of the City of Pearland annexed into the City the
territory shown in Exhibit "A" attached hereto; 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 "S", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 2nd day of January, 2007, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed zoning classification for the property shown in Exhibit "A",
whereby the Commission recommended approval of the classification for the property
ORDINANCE NO. 2000M-27
shown in Exhibit "A" as Single Family Residential - 2 District (R-2), Single Family
Residential - 3 District (R-3), Single Family Residential - 4 District (R-4), Multi-Family
District, (MF), and Neighborhood Service District (NS); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this zoning application and the
recommendation of the Planning and Zoning Commission at a regular meeting on
January 8, 2007; 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 the property
shown in Exhibit "A", in the judgment of the City Council, should be assigned the zoning
classification herein proposed; 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, is hereby zoned to Single Family Residential - 2
District (R-2), Single Family Residential - 3 District (R-3), Single Family Residential - 4
District (R-4), Multi-Family District, (MF), and Neighborhood Service District (NS), such
property being more particularly described as:
All of Municipal Utility District 1 (MUD 1), generally including Tranquility Lakes
Section 1, Tranquility Lakes Section 2, Tranquility Lakes Section 3, Tranquility
Bay Apartments, Southwyck Section 1, Section 2, Section 3, Section 7 and
Section 8, Stepping Stone 3 Addition (Generally Located on the South Side of
FM 518 (Broadway Street), and on the East and West Sides of Old Chocolate
Bayou Road (County Road 89))
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
Page 2 of 4
Ord No 2000M-27
ORDINANCE NO. 2000M-27
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-27
ORDINANCE NO. 2000M-27
PASSED, APPROVED, and ADOPTED on First Reading this 8th day of
January, 2007.
c~/~
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
22nd day of January, 2007.
r-~. ~.2t
TO~ID
MAYOR
ATTEST:
APPROVED AS TO FORM:
(\ - fc. .61
DARRIN M. COKER
CITY ATTORNEY
.JII'
Page 4 of 4
Ord No 2000M-27
APPLICA liON FOR
A CHANGE IN ZONING
Exhibit "A"
Application and Map
Ordinance No. 200'6~i~7I-'ear,and
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Current Zoning District: ' ~
Proposed Zoning District:
Property Information:
Address or General Location of Property:
Tax Account No.
Subdivision:
Lot:
Block:
A Complete
Application
must include
all of this
information:
D
D
D
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:
NAME NAME
ADDRESS ADDRESS
CITY . STATE ZIP CITY __STATE ZIP
II
PHONE( ,~ ) _ i, PHONE(____J
FAX( .:., ) j '. FAX( )
E-MAIL ADDRESS E-MAIL ADDRESS
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:. ( ,
Date:
Agent's Signature:
I ./
'. !
Date:
, ~ i I
OFFICE USE ONLY:
I ~;~~ ".
I DATE
PAID:
J RECEIVED . .-----T RECEIPT --~-
BY: NUMBER:
-----.- ---
I APPlicat.ion
No.
I
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LOCATION MAP
Zone Change
No. 2006-38Z
W+E
S
o 500 1,000 Feet
I I I I I I
Map Prepared on October 30,2006
AFFIDAVIT OF PUBllCATIQN
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
Exhibit liB"
Publications
Ordinance No. 2000M-27
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 "/ issues, as follows:
No. I Date 1/-( 2000
No. Date 20
No. Date 20
No. Date 20
No. Date 20
20~
~~
~.
Subscribe and sw
day of
~./ .' Q ./
-'< -' /'------/
Laura Ann Emmons, Publisher
Notary Public, State of Texas
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.
2006.38Z
Notice is hereby given that
on November 20. 2006. at
630 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 the City of
Pearland, for an amendment
to Ordinance No. 2000M.
the Zoning Map of the City
of Pearland, for approval 01
a change in zoning district
for recently annexed proper
ties, to classifications Single
Family Residential - 2
District (R-2). Single Family
Residential - 3 Distnct (R-
3), Single Family Residential
4 District (R-+) i.L'
Family District, (MF), and
Neighborhood Service
District (NS), on the follow
ing described property, to
wit:
All of Municipal Utility
District 1 (MUD 1), generally
including Tranquility Lakes
Section 1, Tranquility Lakes
Section 2. Tranquility Lakes
Section 3, Tranquility Bay
Apartments, Southwyck
Section 1, Section 2.
Section 3, Section 7 and
Section 8, Stepping Stone 3
Addition (Generally Located
on the South Side of FM 518
(Broadway Street). and on
the East and West Sides of
Old Chocolate Bayou Road
(County Road 89))
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 PUBLICAIIUN
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 drculation in Brazoria, Harris
and Galveston Counties, for J issues, as follows:
r
~ .
No. J Date 11- 8 20 0 ro
No. Date 20
No. Date 20
No. Date 20
No. Date 20
.~ .
-1 ,i
"
.
~
Subscribe and sworn to before. me this
. 20 0((
q
day of :JJ{}{;J
c.,y.
Notary Public, State of Texas
'. ..,.. .- ^ 'y ';;l
\._~c~ ~~, ~
Published Nov. 1 and
Nov. 8. 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.
2006.38Z
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 the City of
Pearland, for an amendment
to Ordinance No. ?'-";U.',
the Zoning Map of the City
of Pearland, for approval of
a change in zoning district
for recently annexed proper-
ties, to classifications Single
Family Residential - 2
District (R-2), Single Family
Residential - 3 District (R-
3), Single Family Residential
- 4 District (R-4), Multi-
Family District, (MF), and
Neighborhood Service
District (NS), on the follow-
ing described property, to
wit
All of Municipal Utility
District 1 (MUD 1), generally
including Tranquility Lakes
Section 1, Tranquility Lakes
Section 2, Tranquility Lakes
Section 3, Tranquility Bay
Apartments, Southwyck
Section 1, Section 2,
Section 3, Section 7 and
Section 8, Stepping Stone 3
Addition (Generally Located
on the South Side of FM 518
(Broadway Street), and on
the East and West Sides of
Old Chocolate Bayou Road
(County Road 89))
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
Published Nov. 1 and
Planning & Zoning Commission
Recommendation Letter
January 2, 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Zone Change No. 2006-38Z
Re: Recommendation on Zone Change No. 2006-38Z, a request by the City of Pearland, for
an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for
approval of a change in zoning district for recently annexed properties, to classifications
Single Family Residential - 2 District (R-2), Single Family Residential - 3 District (R-3),
Single Family Residential - 4 District (R-4), Multi-Family District, (MF), and
Neighborhood Service District (NS)
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 for recently annexed properties, to
classifications Single Family Residential - 2 District (R-2), Single Family Residential - 3 District
(R-3), Single Family Residential - 4 District (R-4), Multi-Family District, (MF), and Neighborhood
Service District (NS), on the following property:
Legal Description:
All of Municipal Utility District 1 (MUD 1), generally including Tranquility
Lakes Section 1, Tranquility Lakes Section 2, Tranquility Lakes
Section 3, Tranquility Bay Apartments, Southwyck Section 1, Section
2, Section 3, Section 7 and Section 8, Stepping Stone 3 Addition
General Location:
Generally Located on the South Side of FM 518 (Broadway Street),
and on the East and West Sides of Old Chocolate Bayou Road
(County Road 89)
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 Request 38Z
Page 3 of 3