Ord. 2000M-0035 2007-07-23
ORDINANCE NO. 2000M-35
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 9.2461 ACRES, MORE OR LESS, OUT OF THE H.T. & B.R.R.
COMPANY SURVEY, NO. 17, ABSTRACT 242; AND 10.00 ACRES,
MORE OR LESS, OUT OF THE H.T. & B.R.R. COMPANY SURVEY, NO.
17, ABSTRACT 242, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518
(BROADWAY STREET), AND APPROXIMATELY 650 FEET EAST OF
OLD CHOCOLATE BAYOU ROAD), (ZONE CHANGE APPLICATION NO.
2007-07Z), FROM SINGLE FAMILY RESIDENTIAL - 1 DISTRICT (R-1)
TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE REQUEST
OF A. DAVID SCHWARZ III, APPLICANT FOR GLASS 518 JOINT
VENTURE, 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, A. David Schwarz III, applicant for Glass 518 Joint Venture, 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 18th day of June, 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 29th day of June, 2007, the Planning and Zoning Commission
ORDINANCE NO. 2000M-35
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by A. David Schwarz III, applicant for Glass 518 Joint
Venture, owner, whereby the Commission recommended approval of the change of
classification for the described property from its existing classification of Single Family
Residential - 1 District (R-1) 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 July 9, 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 A. David Schwarz III, applicant for Glass 518 Joint Venture, 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 - 1 District (R-1) is hereby zoned to General Business Retail District (GB),
such property being more particularly described as:
9.2461 acres, more or less, out of the H.T. & B.R.R. Company Survey, No. 17,
Abstract 242; and 10.00 acres, more or less, out of the H.T. & B.R.R. Company
Survey, No. 17, Abstract 242, City of Pearland, Brazoria County, Texas
(Generally Located on the South Side of FM 518 (Broadway Street), and
Approximately 650 Feet East of Old Chocolate Bayou Road)
Page 2 of 4
Ord No 2000M-35
ORDINANCE NO. 2000M-35
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-35
ORDINANCE NO. 2000M-35
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of
July, 2007.
~~ Ud
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
23rd day of July, 2007.
~umf7sJ
T M REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
("-J~ H ' ~
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-35
Exhibit "A"
Ordinance No. 2000M-35
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
www.cityofpearland.com
Current Zoning District:
Gi3C/ R-I
Proposed Zoning District: G IT
Property Information:
Address or General Location of Property:
)1,.'(5' I4cf.LRJ 0.0 S0....;,T~1 S\~t~
O'~ F rk( S Il?
I\J f?cu'! C '" I i-f'N
Tax Account No.
4 I f;'&'Cob "f / f.:,G::. 3S I
Subdivision:
Lot:
Block:
A Complete
Application
must include
all of this
information:
Fee (see Zoning Change Fee Schedule) :jJ .:2 /11)'. 00
lliJ
~
~
Legal Description and/or 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, and the proposed use of the property; if a PO is
requested, see PO Format and Guidelines)
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME c-:.- LA-55 oS j ~ ~J.::, \ ,JT 0--<' ,0704..6 NAME A. i')A u {D S C J-{ '-<-~ the 2- /.IT
ADDRESS .3 d ;j ~ /-1 u ,v To0 'j .JL~)JU Pi CtC e. ADDRESS S (;.; c, '5 l~ \ 0 -c'v.!. '---' A '-I *,5/ C
I /
CITY "1ou\TDN STATE )X ZIP 77DI7'S")~&' CITY I-L:;''-'~(':::-^;'STATE Ti< ZIP )7c,,3-Co
PHONE( 713) &,b~-((6~/f PHONE( /13) 3Sfr'-/~(1?
FAX( 71.~) G:.;;Z 7 3t.f9t' FAX, &tIC) 1.103-- ~c4c7
E-MAIL ADDRESS L, C. 01\1. E-MAIL ADDRESS r4,"')A>->t D Sf: h,-,,-, 2,e<..<@ lA.trGd;'1"1..
C'"",V\
As owner and applicant, I hereb'" reg~test/approval of the above described request as provided for
by the Unified Development 901 e ot~h7 City of Pearland. ,
Owner's Signature:, 1,;( / ;;0' I" /{ Date: <:") 1 C r
I, / .' /' .') I
Agent's Signature: / ?h} ~-,V -,L.--J~ Date: J/i? IL'J (7
v ' ;
OFFICE USE ONLY:.
FEES '/Il:'17'c'OC DATE
PAID: V P:;< J PAID:
L-"/
RECEIVED
BY:
RECEIPT
NUMBER:
Application 1
No. JO() -O~
FREEDOM DR
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BROADWAY ST
Exhibit "B"
Ordinance No. 2000M-35
(FM 518)
LOCATION MAP
Zone Change
No.2007-07Z
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SUBJECT
PROPERTY
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o 200 400 Feet
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Map Prepared on May 29, 2007
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
Exhibit "e"
Ordinance No. 2000M-35
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:
'11
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Ar~
CFO
Subscribe and sworn to before me this
7
day of 1/uvL-
~
i~
Laura Ann Emmons, Publisher
20 tJ 7
Notary Public, State of Texas
"',-:",:''f"ri)''
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Published May 30 and
June 6, 2007
NonCE OF A JOINT PUB.
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
I CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2007007Z
Notice is hereby given that
on June 18, 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 Horizon
Group International, appli-
cant for Hospitality, D.C.,
Inc., 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 - 1 District (R-l)
to General Business Retail
District (GB), on the follow-
ing described property, to
wit:
9.2461 acres, more or less,
out of the H.T. & BRR.
Company Survey, No. 17,
Abstract 242; and 10.00
acres, more or less, out of
the H.T. & B.R.R. Company
Survey, No. 17, Abstract
242, City of Pearland,
Brazoria County, Texas
(Generally Located on the
South Side of FM 518
(Broadway Street), and
Approximately 650 Feet
East of Old Chocolate
Bayou Road)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
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 ci'rculation in Brazoria, Harris
and Galveston Counties, for J issues, as follows:
No.
J
Date
~~30
20 (J 7
No.
Date
20
No.
Date
20
No.
Date
20
No.
Date
20
'W
'ilJir
~~
CFO
Subscribe and sworn to before me this
.so
day of ~
2007
,~",,"",,~('> "'v~/'~:~'~~~;'.,
~;:i,,,,<;,,:,~1~..,>.J01.,,,....>, . ~
&l>>\t~Pi7s;'~ LAURA A. NN EMM_O.NS ~
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), Nolary "'];);'('. ,.. d." ". Q 201 C' i'<,
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LLiJL
Laura Ann Emmons, Publisher
Notary Public, State of Texas
/t:IJ 1- 'iz
~I
LEGALS
Published May 30 and
June 6, 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.
2007-07Z
Notice is hereby given that
on June 18, 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 Horizon
Group International, appli-
cant for Hospitality, D.C.,
Inc., 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-l District (R-l)
to General Business Retai
District (GB), on the follow
ing described property, te
wit:
9.2461 acres, more or less,
out of the H.T. & B.R.R.
Company Survey, No. 17,
Abstract 242; and 10.00
acres, more or less, out of
the H.T. & B.R.R. Company
Survey, No. 17, Abstract
242, City of Pearland,
Brazoria County, Texas
(Generally Located on the
South Side of FM 518
(Broadway Street), and
Approximately 650 Feet
East of Old Chocolate
Bayou Road)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Theresa Grahmann
Senior Planner
Exhibit "0"
Ordinance No. 2000M-35
Planning & Zoning Commission
Recommendation Letter
June 29, 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2007-07Z, a request by A. David Schwarz III,
applicant for Glass 518 Joint Venture, 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 - 1 District (R-1) to General
Business Retail District (GB)
Honorable Mayor and City Council Members:
At their regular meeting of June 18, 2007, the Planning and Zoning Commission considered the
request for a change in zoning district from classification Single Family Residential - 1 District
(R-1) to General Business Retail District (GB), on the following property:
Legal Description:
9.2461 acres, more or less, out of the H.T. & B.R.R. Company Survey,
No. 17, Abstract 242; and 10.00 acres, more or less, out of the HT &
B.R.R. Company Survey, No. 17, Abstract 242, City of Pearland,
Brazoria County, Texas
General Location:
Generally Located on the South Side of FM 518 (Broadway Street), and
Approximately 650 Feet East of Old Chocolate Bayou Road
Commission Member Fuertes made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Diggs. 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
Page 1 of 1