Ord. 2000M-0030 2007-02-26 FAILED
FAILED
2/26/07
ORDINANCE NO. 2000M-30
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, APPROXIMATELY, BEING LOT 2C OF
THE SHARONDALE SUBDIVISION, ABSTRACT 546, H.T. & B.R.R.
COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF HARKEY
ROAD, AND APPROXIMATELY 200 FEET NORTH OF SHARONDALE
STREET), (ZONE CHANGE APPLICATION NO. 2006-34Z), FROM
SUBURBAN RESIDENTIAL - 15 DISTRICT (SR-15) TO OFFICE AND
PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF JULIETA B.
GUERRA, APPLICANT FOR EDWARD TAMEZ, 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, Julieta B. Guerra, applicant for Edward Tamez, owner, filed 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 more graphically depicted in the location map attached
hereto and made a part hereof for all purposes as Exhibit "B"; 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 hereto and made a part hereof for all
purposes as Exhibit "C", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 15th day of February, 2007, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
ORDINANCE NO. 2000M-30
regarding the proposed amendment application by Julieta B. Guerra, applicant for
Edward Tamez, 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 Office and Professional District (OP), said
recommendation attached hereto and made a part hereof for all purposes as Exhibit
"0"; 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 February 26, 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 in the case
of the application of Julieta B. Guerra, applicant for Edward Tamez, 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 Office and Professional District (OP), such
property being more particularly described as:
0.459 acres of land, approximately, being Lot 2C of the Sharondale Subdivision,
Abstract 546, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County,
Texas (Generally Located on the West Side of Harkey Road, and Approximately
200 feet North of Sharondale 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
Page 2 of 4
Ord No 2000M-30
ORDINANCE NO. 2000M-30
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 26th day of
February, 2007.
Page 3 of 4
Ord No 2000M-30
ORDINANCE NO. 2000M-30
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
1ih day of March, 2007.
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-30
APPLICA T~ON FOR
A CHANGE ~N ZON~NG
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
INWW. cityofpea rla nd. co m
Current Zoning District:~hcl ('oJ,cln Ip cTf) 6f - /5
Proposed Zoning District: #5- 12 e I~ h h Dr /lLidd .!)e (VI ~ t"
Address or General Location of Property: ,j g ;? if' /.)0 r k (/ ,; Re! fi:o r /0 nrl TA- ? 15 f? I
} . I I /
Shnronc clip (AD 5 lito H T ~- R R f~) J of 2 (J..-
, ,
Tax Account No. 7553 - DO Q2 - /;:. 0
SUbdivision:~Yl (oj'lda Ie Lot: 2 (1.
PROPERTY OWNER INFC'~MATION: APPLICANT INFORMATION:
NAME Edward TftA1E NAME 3( -III etn L-3 C7 u e (YCf
ADDR.8Jls.3 ~U i 4 I \// I _ e' ,1: _ ADDRESS )"70 Ie,) Il}))d Q+-
CITY 'Yeco..-b.1 c1 STATE...ILZ1P-11B.8'L CITY }~c r-' C ( STATE )X ZIP 77SfJlj
PHONE( ",.{R! ) q 2. if - RCJ (J 7 PHONE( ;zY; I ) qq 7 -- 23 g 'J
FAX( ) FAX(2r;'l) L.1Iq//-Cf'/(r)
E-MAIL ADDRESS E-MAIL ADDRESS kl \1 P - -I-nS 4 ~ CI [1 I, CJJ 1)1
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code oUhe CJty.0f-Pearland.
/, ?--.--
. A;;/ - ,j,. ~ I.
Owner's Signature: ,;:;>;.~c:..-l/2-~A ,.L'~'-c:'-\
Agenfs Signature:~ ~( L~Ct.i/;-c.. <~)
OFFICE USE ONLY:
FEES #'1 '7" ;)1.'
PAID: ex .'.J
Property Information:
A Complete
Application
must include
all of this
information:
))/.5 frlc~f
Block:
-3<620
[2( Fee (see Zoning Change Fee Schedule)
g Legal Description and/or Survey of the Property
D2f 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 PD Format and Guidelines)
Date:
C:i <;:..
(:'-.'/ - /' U
Date: jl') - to -O~-;
RECEIVED j ,.
BY: X
RECEIPT
NUMBER:
Application
No. JOD& - 3Lf
Btttf-tM-t
SHARONDALE ST
-----... r
') (
~
LOCATION MAP
Zone Change
No. 2006-34Z
N
W+E
S
o 200
I I I I I
400 Feet
I
Map Prepared on October 30, 2006
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 ci'rculation in Brazoria, Harris
and ,Galveston Counties, for / issues, as follows:
No. I Date 11-( 2000
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
~b
~
20~
day of
Notary Public, State of Texas
'r' --"J)i /2-
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.
2006.34Z
Notice is hereby given that
on November 20, 2006, at
630 pm., 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 Julieta B.
Guerra, applicant for
Edward Tamez, 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 Neighborhood
Service District (NS), on the
following described proper-
ty, to wit
0459 acres of land, approx-
imately, being Lot 2C of the
Sharondale Subdivision,
Abstract 546, HI. & BRR
Company Survey. City of
Pearland, Brazoria COlinty
T exes (Generally Located
on the West Side of Harkey
Road, and ApproXlma!el,
~I-
LEGALS
200 feet North of
Sharondale Street)
At said hearing all interested
parties shall have the right
and oppurtunity to appear
and be heard on the subject.
is! 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 J issues, as follows:
,
Subscribe and sworn to before me thi
- 20 0((
q
day of :}Jay
Notary Public, State of Texas
...' :; --t
- <\ ~t /-J-
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.
2006-34Z
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 Julieta B.
Guerra, applicant for
Edward Tamez, 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 Neighborhood
Service District (NS), on the
following described proper-
ty' to wit:
0.459 acres of land, approx-
imately, being Lot 2C of the
Sharondale Subdivision.
~.-------
Abstract 546, H.T. & BRR.
Company Survey, City of
Pearland. Brazoria County.
Texas (Generally Located
on the West Side of Harkey
Road, and Approximately
200 feet North of
Sharondale Street)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subiect.
15/ Theresa Grahmann
Senior Plan'~~~___
Planning & Zoning Commission
Recommendation Letter
February 16, 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2006-34Z, a request by Julieta B.
Guerra, applicant for Edward Tamez, 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
Office and Professional District (OP)
Honorable Mayor and City Council Members:
At their regular meeting of February 5, 2007, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Suburban
Residential - 15 District (SR-15) to Office and Professional District (OP), on the
following described property, to wit:
Legal Description: 0.459 acres of land, approximately, being Lot 2C of the
Sharondale Subdivision, Abstract 546, H.T. & B.R.R.
Company Survey, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the West Side of Harkey Road, and
Approximately 200 feet North of Sharondale Street
Commission Member Koza made a motion to recommend approval of the zone change
request to an OP district, which was seconded by Commission Member Sherrouse.
The motion to approve passed 4 - 2. Commission Members Koza, Fuertes,
Sherrouse, and West voted for the motion to approve, and Commission Members
Greiner and Diggs voted against the motion to approve. Therefore, the zone change
was recommended for approval by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Page 1 of 1