Ord. 2000M-0032 2007-03-26
ORDINANCE NO. 2000M-32
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 15.991 ACRES OF LAND, SITUATED IN THE H.T. & B.R.R.
COMPANY SURVEY, SECTION 19, ABSTRACT 234, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE EAST SIDE OF CULLEN BOULEVARD, AND APPROXIMATELY
800 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE
APPLICATION NO. 2007-03Z), FROM CULLEN MIXED USE DISTRICT
(C-MU) TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE
REQUEST OF THE CITY OF PEARLAND, 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, the City of Pearland, 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 19th day of February, 2007, 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 1st day of March, 2007, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by the City of Pearland, owner, whereby the
ORDINANCE NO. 2000M-32
Commission recommended approval of the change of classification for the described
property from its existing classification of Cullen Mixed Use District (C-MU) to General
Business Retail District (GB), 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 March 12, 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 the City of Pearland, 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 Cullen Mixed Use
District (C-MU) is hereby zoned to General Business Retail District (GB), such property
being more particularly described as:
15.991 acres of land, situated in the H.T. & B.R.R. Company Survey, Section 19,
Abstract 234, City of Pearland, Brazoria County, Texas (Generally Located on
the East Side of Cullen Boulevard, and Approximately 800 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
Page 2 of 4
Ord No 2000M-32
ORDINANCE NO. 2000M-32
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-32
ORDINANCE NO. 2000M-32
PASSED, APPROVED, and ADOPTED on First Reading this 1ih day of
March, 2007.
~~~?~
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th
day of March, 2007.
~)~ J 2~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
~6L-
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-32
Exhibit "A"
Application 2000M-32
APPLICATION FOR
A CHANGE IN ZONING
City of Pearl and
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
WWIN. cityofpearfand.com
Current Zoning District:
IIC-{ltlA"- ~Llllt'n [41'Y.-t:'(tLG~ DiS{-y;<..-t-
Proposed Zoning District: \' [+B" - L-~e.n tV'Ct\J5U;')1 r:le~5 J) iSty ILt
Property Information:
Address or General Location of Property: J 5:5 5 (u i { t' n
Tax Account No. O}.43 OO~IO - /05
Subdivision:
Lot:
Block:
A Complete
Application
must include
all of this
information:
~/A
o
o
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 r:. I t~ 0 \ Pt'().~ LO.ntl NAME
ADDRESS 35 J q L I bt'( /:j D!; V -< ADDRESS
CITY ?(?t1.vl{'_IHl STATE-.1LZIP '7'15& I CITY STATE ZIP
PHONE( JB I ) 6' t;). - /(.,00 PHONE(
FAX( Jgl ) {.tI5J - /'70G; 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:
Date:
OFFICE USE ONLY:
FEES i j
PAID: Nj A
DATE /
PAID: rJ A
RECEIVED
BY:
RECEIPT
NUMBER:
Application
No. J.OO'7 - 03
Exhibit "B"
Location Map 2000M-32
rrrtJj
SUBJECT
PROPERTY
FM 518
LOCATION MAP
Zone Change
No. 2007 -03Z
W+E
S
o 300 600 Feet
I I I I I
Map Prepared on January 30, 2007
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:
Subscribe and sworn to before me this
. 20 lOll
$(
day of ~;J
~
Laura Ann Emmons, Publisher
Notary Public, State of Texas
.)7\~'\:;,?":("";:',:r
~ .""
lOt' f. C\ IIX/ ')1) ,: 2 c (.1 . 0 ),2
LEGALS
Senior Planner
Published Jan. 31 and
Feb. 7, 2007
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.
2007 -03Z
Notice is hereby given that
on February 19, 2007, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pear1and, 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, Pear1and, Texas, on
the request of the City of
Pearland, owner, for an
amendment to Ordinance
No. 2000M, the Zoning Map
of the City of Pear1and, for
approval of a change in zon-
ing district from classifica-
tion Cullen Mixed Use
District (C-MU) to General
Business Retail District
(GB), on the following
described property, to wit:
15.991 acres of land, situat-
ed in the H.T. & B.R.R.
Company Survey, Section
19, Abstract 234, City of
Pear1and, Brazoria County,
Texas (Generally Located
on the East Side of Cullen
Boulevard, and
Approximately 800 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.
IsfTheresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I t Lloyd Morrow, hereby certify that the notice hereby appended was publJshed
. '~<iI',
in THE REPORTER NEWS, a newspaper of general ci'rculation in BraZoria, Harris
and Galveston Counties, for / issues, as follows:
. ,
..
Subscribe and sworn to before me this
. 20J) 7
c:;
day of
ja
Laura Ann Emmons, Publisher
Notary Public, State of Texas
lx)\ 'e 'i _I,' . t )" :.> ,.. c 'S~1._..-
Published Jan. 31 and
Feb. 7,2007
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.
2007 -G3Z
15.991 acres of land, situat-
ed in the H.T. & B.R.R.
Company Survey, Section
19, Abstract 234, City of
Pearland, Brazoria County,
Texas (Generally Located
on the East Side of Cullen
Boulevard, and
Approximately 800 Feet
North of FM 518 (Broadway
Street))
Notice is hereby given that
on February 19, 2007, 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, 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 Cullen Mixed Use
District (C-MU) to General
Business Retail District
(GB), on the following
described property, to wit:
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
IslTheresa Grahmann
Senior Planner
Exhibit "0"
Recommendation 2000M-32
Planning & Zoning Commission
Recommendation Letter
March 1,2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2007-03Z, a request by the City of
Pearland, 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
Cullen Mixed Use District (C-MU) to General Business Retail District (GB)
Honorable Mayor and City Council Members:
At a special meeting of February 26, 2007, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Cullen Mixed
Use District (C-MU) to General Business Retail District (GB), on the following property:
Legal Description: 15.991 acres of land, situated in the H.T. & B.R.R. Company
Survey, Section 19, Abstract 234, City of Pearland, Brazoria
County, Texas
General Location: Generally Located on the East Side of Cullen Boulevard, and
Approximately 800 Feet North of FM 518 (Broadway Street)
Commission Member Koza made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Fuertes. 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
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