Ord. 2000M-0037 2007-09-24 FAILED
FAILED
9/24/07
ORDINANCE NO. 2000M-37
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 1.700 ACRES OF LAND, BEING THE RESIDUE OF THAT
CERTAIN TRACT DESCRIBED IN VOLUME 716, PAGE 561, DEED
RECORDS, AND BEING PART OF BLOCK 17 OF THE FIGLAND
ORCHARD SUBDIVISION NO.1, ABSTRACT 240, H.T. & B.R.R.
COMPANY SURVEY, BRAZORIA COUNTY, TEXAS, ACCORDING TO
THE MAP OR PLAT THEREOF RECORDED IN VOLUME 3, PAGE 77, OF
THE PLAT RECORDS OF BRAZORIA COUNTY, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST
SIDE OF WAGON TRAIL ROAD, AND APPROXIMATELY 900 FEET
NORTH OF FITE ROAD), (ZONE CHANGE APPLICATION NO. 2007-09Z),
FROM SINGLE FAMILY RESIDENTIAL - 2 DISTRICT (R-2) TO
GENERAL COMMERCIAL DISTRICT (GC), AT THE REQUEST OF
ASUNCION M. ESPARZA, 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, Asuncion M. Esparza, 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-37
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 Asuncion M. Esparza, owner,
whereby the Commission recommended denial of the change of classification for the
described property from its existing classification of Single Family Residential - 2
District (R-2) to General Commercial District (GC), said recommendation attached
hereto and made a part hereof for all purposes as Exhibit "D"; 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 1 0, 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 Asuncion M. Esparza, 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 - 2 District (R-2) is hereby zoned to General Commercial District (GC), such
property being more particularly described as:
1.700 acres of land, being the residue of that certain tract described in Volume
716, Page 561, Deed Records, and being part of Block 17 of the Figland
Orchard Subdivision No.1, Abstract 240, H.T. & B.R.R. Company Survey,
Brazoria County, Texas, according to the map or plat thereof recorded in Volume
Page 2 of 4
Ord No 2000M-37
ORDINANCE NO. 2000M-37
3, Page 77, of the Plat Records of Brazoria County, City of Pearland, Brazoria
County, Texas (Generally Located on the East Side of Wagon Trail Road, and
Approximately 900 Feet North of Fite Road)
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
Page 3 of 4
Ord No 2000M-37
ORDINANCE NO. 2000M-37
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 XX day of XXXXXXXXXXXXXXX, 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-37
Exhibit A
Application
Ordinance No. 2000M-37
May 2005
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Uberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Please check one:
P Change in Zoning Classification from:
f(,..~
(list currant zonIng)
to: ~ C.
(list proposod zonIng)
o Specific Use Permit Request for:
(list proposed usa)
Property Information:
Address: 2- 95"'3 wA-c:lON 7RA-, L
Subdivision: h'j LaJ.J'O 6~ e-k.a. rb
Tax Account No.
Lot: /1- A- Slack:
t7
...* Attach a copy of the metes and bounds description, survey, or legal description.'"
Current use of property J . ,
(type of structures on property): {(eSiO eVln elL
Future/proposed use of property and reason for zone change:-Po.,(' l( i ).J j ~ y
(!) WiVf.;{ '; rr<. ~c..~5'
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME ASUNC,ioN M. ~SPItR.~A- NAME Sttv/M..{i"
ADDRESS 28'53 W(}...jon -!R.t\IL ADDRESS
CITY fl;:l'retaN.o STATE22L-ZIP 7753"; CITY STATE ZIP
PHONE' 2.'8/ ) 8"50 - ifLf-;28 PHONE(
FAX( ) FAX( . )
E-MAIL ADDRESS E-MAIL ADDRESS
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to
the besl of my knowledge that this is a true description of the property upon which I have requested the
above checked action. I understand that I am fully responsible for the correctness of the legal description
given. .-1>
Owner's Signature: CJ.... ~ F/.:\.11.... "Z C- ^_ Date: </"Vf r] e. ;l. ~/ ~O r
Agent's Signature: tAA./l)~ I~ Date: <f1A n e... !J-1/ ;J-oO 7-
OFFICE USE ONLY:
~~~; .# Sl.16 ~ ~~~~" Jl) 0 1 ~~~EIVED -tr? ~~~~~~;ION J{) 0 1- 0 q 1::
"**APPLlCATION IS CONSIDERED INCOMPLETt..t:WITHOUT A METES AND BOUNDS
DESCRIPTION OR SURVEY AND THE APPLICATION FE Em
Page 103 of 106
Exhibit B
Location Map
Ordinance No. 2000M-37
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LOCATION MAP
Zone Change
No. 2007 -09Z
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Map Prepared on July 30. 2007
. AFFIDAVIT OF PUB.LICATIQN
Exhibit C
Publications
Ordinance No. 2000M-37
The Pearland Reporter N~ws
2404 SouthPark
Pear,land, Texas 775-81
State of Texas,
Brazoria and Harris Counties
1; 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. / Date 8'1 20 07,
.. No~ Date 20
No. Date 20
No. Date. 20
." ,.
No. Date 20
-;.'f",
2007
day Ofa~
. Subscribe and sWom'to before me this dAd..
Laura Ann .Emmons, Publisher
, Notary Public,' State of Texas
C:;co'1' 1z-
Published Aug. 1, 2007
and 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-
09Z
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 Asuncion M.
Esparza, 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 Single Family
Residential - 2 District (R-2)
to General Commercial
District (GC), on the follow-
ing described property, to
wit:1.700 acres of land,
being the residue of that cer-
tain tract described in
Volume 716, Page 561,
Deed Records, and being
part of Block 17 of the
Figland Orchard Subdivision
No.1, Abstract 240, H.T. &
B.R.R. Company Survey,
Brazoria County, Texas,
according to the map or plat
thereof recorded in Volume
3, Page 77, of the Plat
Records of Brazoria County,
City of Pearland, Brazoria
County, Texas (Generally
Located on the East Side of
Wagon Trail Road, and
Approximately 900 Feet
North \. of Fite Road)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
IslTheresa Grahmann
Senior Planner
. AFFIDAVIT OF PUB.L.ICATIQN
The Pearland Reporter N~ws
2404 SouthPark
Pea~land, Texas 77581
State of Texas .)
Brazoria and Harris Counties
. .
1; Lloyd Morrow, hereby certify that the notice hereby appended was. published
. in THE. REPORTER NEWS, a newspaper of general CirculatiOn in Brazoria7liarris
. .and .Gaive~ton Counties, for . I issues, as follows: .
.~.
. Subscribe ~nd sworn .to before me this
1.
day of.
20 () 7
~fDA__
Laura Ann ..Emmons~ PubHsher
. Notary Public,.State of Texas
~()"7. tJ92
Published 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 S
ZONE CHANGE NO. 2007-
09Z
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
Peartand, 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, Peartand, Texas, on
the request of Asuncion M.
Esparza, owner, for an
amendment to Ordinance
No. 2000M, the Zoning Map
1 'r
of the City of Peartand, for
approval of a change in zon.
ing district from classifica-
tion Single Family
Residential - 2 District (R-2)
to General Commercial
District (GC), on the follow-
ing described property, to
wit:1.700 acres of land,
being the residue of that cer-
tain tract described in
Volume 716, Page 561,
Deed Records, and being
part of Block 17 of the
Figland Orchard Subdivision
No.1, Abstract 240, H.T. &
B.R.R. Company Survey,
Brazoria County, Texas,
according to the map or plat
thereof recorded in Volume
3, Page 77, of the Plat
Records of Brazoria County,
City of Peartand, Brazoria
County, Texas (Generally
Located on the East Side of
Wagon Trail Road, and
Approximately 900 Feet
North of Fite Road)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Isrrheresa Grahmann
Senior Planner
Exhibit 0
Recommendation Letter From P&Z Commission
Ordinance No. 2000M-37
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 -09Z, a request by Asuncion M.
Esparza, 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 - 2 District (R-2) to General Commercial District (GC)
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 Single Family
Residential - 2 District (R-2) to General Commercial District (GC), on the following
property:
Legal Description: 1.700 acres of land, being the residue of that certain tract
described in Volume 716, Page 561, Deed Records, and being
part of Block 17 of the Figland Orchard Subdivision No.1, Abstract
240, H.T. & B.R.R. Company Survey, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 3, Page
77, of the Plat Records of Brazoria County, City of Pearland,
Brazoria County, Texas
General Location: Generally Located on the East Side of Wagon Trail Road, and
Approximately 900 Feet North of Fite Road
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 failed 0 - 7. The zone change was recommended for denial by the Planning
Page 1 of 2
and Zoning Commission. The Commission stated the following as reasons for the
denial of the zone change:
1. An adjacent resident to the subject property spoke in opposition to the zone
change request during the public hearing.
2. The proposed zone change to GC does not conform to the Comprehensive Plan
designation of the subject property for liD - 10,000 Square Foot - Suburban
Residential" uses.
3. The proposed zone change for GC is inconsistent and incompatible with existing
residential districts and adjacent single family residential land uses within the
subject area.
4. The proposed zone change for GC has the potential to cause negative impacts
on the surrounding residential land uses by introducing an increase in traffic,
service vehicles, noise, as well as other impacts brought about by non-residential
land uses.
5. The GC district is the most intense zoning district of all the commercial districts,
and allows an abundance of uses which are not appropriate in the subject area.
6. Currently, Wagon Trail Road is designated as a local street with a projected
right-of-way of 50 feet, which may not be adequate to accommodate non-
residential traffic from non-residential developments on both sides of the road.
Sincerely,
Planning and Zoning Commission
Page 2 of 2