Ord. 2000M-0038 2007-09-24
ORDINANCE NO. 2000M-38
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 9.618 ACRES OF LAND, LOT 28, SECTION 9, OF THE ALLISON
RICHEY GULF COAST HOME COMPANY'S SUBDIVISION PART OF
SUBURBAN GARDENS, AS RECORDED IN VOLUME 2, PAGES 23 AND
24, OF THE BRAZORIA COUNTY MAP RECORDS, ALSO BEING WITHIN
THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 234, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE EAST SIDE OF MAX ROAD, AND APPROXIMATELY 1,700 FEET
NORTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE
APPLICATION NO. 2007-12Z), FROM LIGHT INDUSTRIAL DISTRICT (M-
1) TO PLANNED DEVELOPMENT DISTRICT (PO), AT THE REQUEST OF
NORTHWINDS CONSTRUCTION, APPLICANT FOR GARTNER
INTERESTS, 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; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES
TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE
CITIZENRY.
WHEREAS, Northwinds Construction, applicant for Gartner Interests, 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 August, 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
ORDINANCE NO. 2000M-38
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 August, 2007, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Northwinds Construction, applicant
for Gartner Interests, owner, whereby the Commission recommended approval of the
change of classification for the described property from its existing classification of Light
Industrial District (M-1) to Planned Development District (PO), 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 September 10, 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 Northwinds Construction, applicant for Gartner Interests, 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 Light Industrial District
(M-1) is hereby zoned to Planned Development District (PO), in accordance with all
conditions and requirements listed in the Planned Development (PO) Document, also
known as Exhibit "E" attached hereto and incorporated for all purposes, such property
being more particularly described as:
Page 2 of 4
Ord No 2000M-38
ORDINANCE NO. 2000M-38
9.618 acres of land, Lot 28, Section 9, of the Allison Richey Gulf Coast Home
Company's Subdivision Part of Suburban Gardens, as recorded in Volume 2,
Pages 23 and 24, of the Brazoria County Map Records, also being within the
H.T. & B.R.R. Company Survey, Abstract 234, City of Pearland, Brazoria County,
Texas (Generally Located on the East Side of Max Road, and Approximately
1,700 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
Page 3 of 4
Ord No 2000M-38
ORDINANCE NO. 2000M-38
granted for the reclassification of the herein above described property.
Section VII. This Ordinance shall become effective after its passage and
approval on final reading.
Section VIII. Declaration of Emergency. The Council finds and determines
that the need to regulate land use inures to the benefit of the public and, therefore,
bears directly upon the health, safety, and welfare of the citizenry; and that this
Ordinance shall be adopted as an emergency measure, and that the rule requiring this
Ordinance to be read on two (2) separate occasions be hereby waived.
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the 24th day of September, 2007.
~Ph1/ [0
TOM REID
MAYOR
ATTEST:
R~(tRMC
ITY CRET ARY
APPROVED AS TO FORM:
DA~ccSiR CV-
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-38
APPLICATION FOR
A CHANGE IN ZONING
Exhibit A
Application
Ordinance No. 2000M-38
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:
t1A~1
PD -
(,
P e 'Jc-I/ll PlV\4h...{- Dr '243 "$
(v7.qv:: P--J. \,
Proposed Zoning District:
Property Information:
Address or General Location of Property: l Lf 3 S
pe 1t(2L1 N17
Tax Account No. (EIN") 7 c; - z. {35' 5'-t f t:;
Subdivision: A L.t..15o~ - ~ lolE! 6; ut..f" (010<;7 HdM-C Lot:
/II1A )<; (2.. 0 A D
TX
77';;151
2-8
Block:
A Complete
Application
must include
all ofthis
information:
~
~
IQ
Legal Description andlor 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)
Fee (see Zoning Change Fee Schedule)
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME C( Ae.."T"l'e(2.. r NTe(l- <;T > NAME NOf2.,'fH WINOS. COAj ~ T (2.lJc.-r, ",rJ
ADDRESS 1 L,'3s ADDRESS 903 pO(2...T HovSTolll 5-r:
CITY PEJlt2-wt"l"17 STATE...ILZIP 77c;B( CITY.JjOlJ'?>To,J STATE 7y:. ZIP t7029
PHONEe ll3/ ) qq 7 - ~ SOb PHONEel( ~) ~ c( - 5 ~oo
FAXe 2.9 I) 'Pi I - "3 Go ( b F AXe 1 { ~ ) ~ (' ( ~ 5""3 !fo
E-MAIL ADDRESS 33ctr-fl'\er E-MAIL ADDRESS eMoor-<2.. <Q. V\or-fl.,wi..,oISC"ns1';.
As owner and applicant, I hereby request approval of the above described request as provided for c..Ov..........
by the Unified Development Code of the City of PearJand.
Owner's Signature:
(2f~-/&-
Date:
Agent's Signature:
Date:
-, /1& I rJ7
I
OFFICE USE ONLY:
FEES U: /J. c C'
PAID: If 7-{)O -
RECEIPT ____
NUMBER: ~
Application
No. ~OO 1- I 'J- l:
SUBJECT
PROPERTY
BROADWAY ST
Exhibit B
Location Map
Ordinance No. 2000M-38
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LOCATION MAP
Zone Change
No. 2007 -12Z
o 200 400 Feet
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Map Prepared on July 30, 2007
Exhibit C
. . .. . Publications
. AFFIDAVIT OF PUBLlCATlQNo,dinanceNo.2oo0M-38
. .
The Pearl and Reporter N~ws
2404 South Park
Pear.land, Texas 775-81
State of Texas \
Brazoria and Harris Counties
l~ Lloyd Morrow, hereby certify that the notice hereby ~ppe~ded was. published
.in THE REPORTER NEWS, a newspaper of general circulatiOn in Brazoria;'Harris
. 'and .Gaive~ton Counties, for ' I .issues, as follows:
No. J Date 8'1 20 07.
,. No~ Date 20
No. Date 20
No. Date 20
~ ..
No. Date 20
-;-f.
day otl~,~
;.'
. Subscribe ~nd swom'to before me this dAd..
2007
, .
Laura Ann, Emmons, PubUsher
. Notary Public,.State of Texas
d1tJcYl- /:;l. Z
Published Aug. 1, 2007
and Aug. 8, 2007.
NOTICE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSIONOF THE
CITY OF PEARLAND,
T E X A 5
ZONE CHANGE NO. 2007.
12Z
Notice is hereby given that
on August 20, 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 Northwinds
Construction, applicant for
Gartner Interests, 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 Light
Industrial District (M-1) to
Planned Development
District (PO), on the follow-
ing described property, to
wit:9.618 acres of land. Lot
28: Section 9. of the Allison
Richey Gulf Coast Home
Company's Subdivision Part
of Suburban Gardens, as
: recorded in Volume 2.
Pages 23 and 24, of the
. Brazoria County Map
Records, also being within
the H.T. & BRR. Company
Survey, Abstract 234, City of
Pearland, Brazoria County,
Texas (Generally Located
on the East Side of Max
Road, and Approximately
1 ,700 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
Pearl and , Texas 775-81
State of Texas;
Brazoria and Harris Counties
l~ Lloyd Morrow, hereby certify that the notice hereby appended was. published
. in THE. REPORTER NEWS, a newspaper of general CirculatiOn in Brazoria7'Harris
and .Gaive~ton Counties, for . I issues, as follows: .
No. I Date '3,3 20~
.. No. Date 20
No. Date 20
No. Date 20
,.
,.
No. Date 20
-;:'f.
. Subscribe ~nd sworn .to before me this
'1
day of.
20 () 7
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" ':J~l:-' -'. ~,~/ j\: '.
rl~;;:~~.::f>:;:;;,
~~z__.. .
~a: Arm Emmons, Publisher
. Notary Public, State of Texas
...2 t7/'l- I z. 2:...
Published Aug. 8, 2007.
NOTICE OF A JOINT PUB.
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSIONOF THE
CITY OF PEARLAND,
T E X A S
ZONE CHANGE NO. 2007.
12Z
Notice is hereby given that
on August 20, 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 Northwinds
Construction, applicant for
Gartner Interests, 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 Light
Industrial District (M-1) to
Planned Development
District (PD), on the follow-
ing described property, to
wit:9.618 acres of land, Lot
28, Section 9, of the Allison
Richey Gulf Coast Home
Company's Subdivision Part
of Suburban Gardens, as
recorded in Volume 2,
Pages 23 and 24, of the
Brazoria County Map
LEGALS
Records, also being within
the H.T. & B.R.R. Company
Survey, Abstract 234, City of
Pearland, Brazoria County,
Texas (Generally Located
on the East Side of Max
Road, and Approximately
1,700 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.
IslTheresa Grahmann
Senior Planner
Exhibit 0
Recommendation Letter From P&Z Commission
Ordinance No. 2000M-38
Planning & Zoning Commission
Recommendation Letter
August 29, 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2007-12Z, a request by Northwinds
Construction, applicant for Gartner Interests, 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 Light Industrial District (M-1) to Planned Development District
(PO)
Honorable Mayor and City Council Members:
At their regular meeting of August 20, 2007, the Planning and Zoning Commission considered
the request for a change in zoning district from classification Light Industrial District (M-1) to
Planned Development District (PO), on the following property:
Legal Description:
9.618 acres of land, Lot 28, Section 9, of the Allison Richey Gulf Coast
Home Company's Subdivision Part of Suburban Gardens, as recorded
in Volume 2, Pages 23 and 24, of the Brazoria County Map Records,
also being within the H.T. & B.R.R. Company Survey, Abstract 234, City
of Pearland, Brazoria County, Texas
General Location:
Generally Located on the East Side of Max Road, and Approximately
1,700 Feet North of FM 518 (Broadway Street)
Commission Member Sherrouse made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Koza. The motion to approve passed 7
- O. The zone change was recommended for approval by the Planning and Zoning
Commission.
Sincerely,
Planning and Zoning Commission
Page 1 of 1