Ord. 2000M-0024 2007-02-19 WITHDRAWN
Withd rawn by Applicant
2/19/2007
ORDINANCE NO. 2000M-24
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 7.610 ACRE TRACT IN THE THOMAS
J. GREEN SURVEY, ABSTRACT 198, BEING THE REMAINDER OF AN
118.755 ACRE TRACT DESCRIBED IN A DEED AS "TRACT NO.1", AS
RECORDED IN VOLUME 1247, PAGE 922, OF THE BRAZORIA
COUNTY DEED RECORDS, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF
PEARLAND PARKWAY, AND APPROXIMATELY 3,500 FEET SOUTH
OF BARRY ROSE ROAD), (ZONE CHANGE APPLICATION NO. 2006-
36Z), FROM SINGLE FAMILY RESIDENTIAL - 2 DISTRICT (R-2) TO
OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF
TNRG ACQUISITIONS, APPLICANT FOR BEEMAN STRONG AND
COMPANY, INC., 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, TNRG Acquisitions, applicant for Beeman Strong and Company,
Inc., owner, filed on October 27,2006, 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 15th day of January, 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
ORDINANCE NO. 2000M-24
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 1st day of February, 2007, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by TNRG Acquisitions, applicant for
Beeman Strong and Company, Inc., owner, whereby the Commission recommended
approval of the change of classification for the described property from its existing
classification of Single Family Residential - 2 District (R-2) 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 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 TNRG Acquisitions, applicant for Beeman Strong and Company,
Inc., 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 Office and Professional District (OP),
such property being more particularly described as:
7.610 acre tract in the Thomas J. Green Survey, Abstract 198, being the
Page 2 of 4
Ord No 2000M-24
ORDINANCE NO. 2000M-24
remainder of an 118.755 acre tract described in a deed as "Tract No.1", as
recorded in Volume 1247, Page 922, of the Brazoria County Deed Records, City
of Pearland, Brazoria County, Texas (Generally Located on the East Side of
Pearland Parkway, and Approximately 3,500 Feet South of Barry Rose 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.
Page 3 of 4
Ord No 2000M-24
ORDINANCE NO. 2000M-24
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 1ih day of
February, 2007.
~r20
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of
,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-24
OCT-23-2006 liON 11: 34 AM SIMMONS & VEDDER CO
FAX NO. 7136269110
P. 02
Exhibit "A"
Resolution 2007M-24
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APPLICATION FOR
A CHANGE IN ZONING
Olty of Paarland
Community Develof:iment
3623 LIberty Orlve
(Comrnunlty Center)
PeariaMd,Texaa 77581
2B1..eS2-1768
28100662..1102 fex
www.cUyofpeItl'lIlMd.cotn
"1"'0"
Curreht Zonlrig District:
Proposed Zoning District:
R-Z-
oP
Property 'nforlnatlon:
Address ot General Location of ~tcP.rty:_Pt>a..r\o.V\.~ p().,-\~ ~+ D~h J
LrJE'C:)
T.x Account No. _ A Po rkun ~ ::=. 01 '?e - ODJ~TO
SUbdivision: Lot; Block:
ca' Fee (see Zoning Change Fee Schedule) ~ 2.-5'0 , 00
[!(' Legal DeScription and/or Survey of the Property
!:if' Letter Explalnlngthe Zonlhg Change Request In detail (specify the
exletlns %Ohlng and Why the mfle change l& being reque&tad. current use
of the property, and the prcposed uee of the pro,.,ertr, if a PO Is
requested, SH PD rormat ind GuldelihH)
I'RDP~ OWNER INFORMATION. ()J:ar I'ap~ API'UCANT INFORMATION,
NAM~) ~~h S1(Lo~ i-Co,~, NAMI!! ~ ~~'b"5
ADORESS 13oe; fo9t CA'L G\\kt I Srk L~50 ADDRESS I ~/-Zo N;;?r;.. t fMV
CITY~STATE l''i ZIP '7'7o~ cITY fJ~t\ STATE1:' r ZIP ~
PHONE! 711-; ) ~ - 1)10 . "HONE! --;'3 .} q~... ICC:JO
FpJ({ 111) c..,U - '1JlD FAX( '7f~ \ ~C;~ - ;;-IOD
E-MAIL ADORESS CDvt\ E-MAIl. ADDRESS /JV(~( ~ -frt f.9r. t\~-t
As owner and applicant, hereby I"eqlJ . rovsl of the above described requeM as provided for
by the Utllfled bevel rl de of th City 0 8BrlShd.
A Complltte
Application
mu.t Ihdude
all of this
InfonnatJon:
Date:
Date:
J8/2.3/fJ C
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OWher's Signature'
Agent's signature:
'-Tr"' ..t"'\L.,
LOCATION MAP
Zone Change
No. 2006-36Z
W+E
S
o 300 600 Feet
II I I I I
Map Prepared on January 2, 2007
AFFIDAVIT OF PUBLICATION
The Pearland 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
<f.
in THE REPORTER NEWS, a newspaper of general drculation in Brazoria, Harris
and Galveston Counties, for ( issues, as follows:
No. J Date 1.1~).7 20 00
,
No. Date 20
No. Date 20
No. Date 20
No. Date 20
'-,f:
Subscribe and sworn to before me this 2 g
.20 0&
day of A(!
oLd (lb--
Laura Ann Emmons, Publisher
Notary Public, State of Texas
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Published Dec. 27 and
Jan. 3,2006
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.
2006-36Z
Notice is hereby given that
on January 15, 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 TNRG
Acquisitions, applicant for
Beeman Strong and
Company, Inc., 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 Office and Professional
District (OP), on the follow-
ing described property, to
wit:
7.610 acre tract in the
Thomas J. Green Survey,
Abstract 198, being the
remainder of an 118.755
acre tract described in a
deed as "Tract No.1", as
recorded in Volume 1247,
Page 922, of the Brazoria
County Deed Records, City
of Pearland, Brazoria
County, Texas (Generally
Located on the East Side of
Pearland Parkway, and
Approximately 3,500 Feet
South of Barry Rose Road)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Is! Theresa Grahmann
Senior Planner
AFFIDAVIT OF' PUBLICATION
The Pearland 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
4i',
in THE REPORTER NEWS, a newspaper of general ci'rculation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date /--3- 20 07
No. Date 20
No. Date 20
~
No. Date 20
No. Date 20
';/"
Subscribe and sworn to before me this
, 20 (J 7
1-
day of $v) . .
J '
. ttldb ~.
Laura Ann Emmons, Publisher
Notary Public, State of Texas
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Published Dec. 27 and
Jan. 3,2007
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.
2006-36Z
Notice is hereby given that
on January 15, 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 TNRG
Acquisitions, applicant for
Beeman Strong and
Company, Inc., owner, for an
amendment to Ordinance
No. 2000M, the Zoning Map
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 Office and Professional
District (OP), on the follow-
ing described property, to
wit:
'S, January 3, 2007
II
LEGALS
and be heard on the subject.
Is! Theresa Grahmann
Senior Planner
7.610 acre tract in the
Thomas J. Green SUlvey,
Abstract 198, being the
remainder of an 118.755
acre tract described in a
deed as "Tract No.1", as
recorded in Volume 1247,
Page 922, of the Brazoria
County Deed Records, City
of Pearland, Brazoria
County, Texas (Generally
Located on the East Side of
Pearl and Parkway, and
Approximately 3,500 Feet
South of Barry Rose Road)
At said hearing all interested
parties shall have the right
and opportunity to appear
Planning & Zoning Commission
Recommendation Letter
February 1 , 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2006-36Z, a request by TNRG
Acquisitions, applicant for Beeman Strong and Company, Inc., 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 Office and Professional District (OP)
Honorable Mayor and City Council Members:
At their regular meeting of January 15, 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 Office and Professional District (OP), on the following
property:
Legal Description: 7.610 acre tract in the Thomas J. Green Survey, Abstract 198,
being the remainder of an 118.755 acre tract described in a deed
as "Tract No.1", as recorded in Volume 1247, Page 922, of the
Brazoria County Deed Records, City of Pearland, Brazoria County,
Texas
General Location: Generally Located on the East Side of Pearland Parkway, and
Approximately 3,500 Feet South of Barry Rose Road
Commission Member West made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Diggs. 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
Page 1 of 1
T.N.. ...R.... ...G. ..ITHRNATIONAL
. REALTY GROUP, INC.
February 19, 2007
VIA: FAX (281) 652-1702
VIA: E-Mail
Theresa A. Grahmann
Senior Planner
City of Pearland
3519 Liberty Dr.
Pearl and, TX 77581
RE: Zone Change Application for 7 acres along Pearland Parkway on behalf of
TNRG Acquisitions.
Dear Theresa;
The purpose of this letter is to follow-up on our previous phone conversation, putting the
City on notice that TNRG Acquisitions requests that the Pearl and City Council, Table
any action on this "':one change request, (no further action,) until a formal request is made,
at some point in the future, where this item may be scheduled for the final reading and
final action, on the matter. Please forward a copy ofthis request to Nick, Lata, and
Young. If you have any questions, please feel free to contact me at (713) 744-7426.
Sincerely,
WILL BENSON
Will Benson
Developer