Ord. 2000M-0040 2007-10-08 FAILED
FAILED
10/8/07
ORDINANCE NO. 2000M-40
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 10.01 ACRES OF LAND, TRACTS 1 - 1D, ABSTRACT 198, T J
GREEN SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE WEST SIDE OF PEARLAND
PARKWAY, AND ON THE SOUTH SIDE OF BARRY ROSE ROAD),
(ZONE CHANGE APPLICATION NO. 2007-13Z), FROM SINGLE FAMILY
RESIDENTIAL - 2 DISTRICT (R-2) AND GENERAL BUSINESS RETAIL
DISTRICT (GB) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT
THE REQUEST OF NEW LIFE LUTHERAN CHURCH, APPLICANT FOR
ROBERT ALEXANDER AND TOM ALEXANDER, OWNERS, 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, New Life Lutheran Church, applicant for Robert Alexander and Tom
Alexander, owners, 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 1 yth day of September, 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 2yth day of September, 2007, the Planning and Zoning
ORDINANCE NO. 2000M-40
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by New Life Lutheran Church, applicant
for Robert Alexander and Tom Alexander, owners, 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) and General
Business Retail District (GB) to Office and Professional District (OP), 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 October 8, 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 New Life Lutheran Church, applicant for Robert Alexander and Tom
Alexander, owners, 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) and General Business Retail District (GB) is hereby zoned
to Office and Professional District (OP), s~ch property being more particularly described
as:
10.01 acres of land, Tracts 1 - 1 D, Abstract 198, T J Green Survey, City of
Pearland, Brazoria County, Texas (Generally Located on the West Side of
Page 2 of 4
Ord No 2000M-40
ORDINANCE NO. 2000M-40
Pearland Parkway, and on the South Side 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.
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 _ day of
Page 3 of 4
Ord No 2000M-40
ORDINANCE NO. 2000M-40
,2007.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
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-40
Exhibit A
Application
o.rdinance No. 2000M-40
Current Zoning District:
t<~ vc;.e
-OP
City of Pearland
Community DevefopmElnt
. . 3523-Uberty Drive
(Community Cent43r)
Pearland, Texas 77581
281-652-17158
281-652-1702 f;ax
WNW.cltyofpearland.com
APPLICATION FOR.
A CHANGE IN ZONING
Proposed Zoning District:
Property Information:
Address or General Location of Property: A \-f'ol6; v'\.. (\~.r
-&o-rr'-l ~
\
Tax Account No.
~r,r:,p-l1~ .\.1 .on
t'2-d , (~o J4Lf,"~, s::.-J.h GnJ)
Subdivision:
Lot:
Block:
. A Complete
Application
must include
all of this
information:
~
56
~
Fee (see Zoning Change Fee Schedule)
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 ~"b'e./1- A-/e)Ca-,^d~/I7i::JrYJ fl-1;'~tAd"'-NAME-1)EvJ LIFE LL>THb12.A,-J f.Hv~c.l-I
ADDRESS d 4 I \ ~o.. (' K A '-J.p ~\ U <' r+p;,..,-- ADDRESS 3S~ \ E. Of'c..tI\.J. c... ~. ~
CITY ?e.~(' \0.. "- d STATE.ll...ZIP 775(j I CITY ?ee-r- \a....-d STATE IX ZIP 7""7$ S t
PHONE( .281 ) 4.8s- - :Jt/s~ PHONE(.;1..31 ) 48s-. nfnf
FAX( J81 ) 4~s - .J'ISV:J FAX( ~I ) L/~- ~S3r
E-MAIL ADDRESS E-MAIL ADDRESS
As owner and applican~/~hereby request approval of the above described request as prOVided for
by the Unified Development Code 0 e City of earland.
I !
Owner's Signature: / .
Date:
Agent's Signature:
Date:
-
Application
No. 8..00'7-/3 C
Exhibit B
Location Map
Ordinance No. 2000M-40
/
LOCATION MAP
Zone Change
No. 2007 -13Z
N
W+E
S
o 200 400 Feet
II" J I
Map Prepared on August 27, 2007
. AFFIDAVIT OF PUBl'ICATION.
The Pearl and Reporter N~ws
2404 South'Park
Pea~land, Tex~s 775-81 "
Exhibit C
Publications
Ordinance No. 2000M-40
State of Texas \
Brazoria and Harris Counties
" ,
I; Uoyd Morrow; hereby certify that the notice hereby appended was. published
.in THE. REPORTER NEWS, a newspaper of general CIrculatiOn in Brazoria: Harris
. . and Gaiveston Counties, for . I issues, as follows:
.. . ,
...~~
, SUbscQbe ~nd SWOm"to before me this
20 /t1
3A(J
day of
~~
Laura Ann ,Emmons~ PUbl,isher
, Notary Pliblic,'State of Te!xas
~~ 001-112.
Published Aug. 29 and
Sept. 5 ,2007.
NOTICE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND
THE PLANNING AND ZON-
ING COMMISSION
OF THE CITY OF
PEARLAND, TEXAS
ZONE CHANGE NO. 2007-
1 3 Z
Notice is hereby given that
on September 17, 2007, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Peariand, 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, Peariand, Texas, on
the request of New Life
Lutheran Church, applicant
for Robert Alexander and
Tom Nexander, owners, for
an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Peariand, for approval of a
change in zoning district
from classification Single
Family Residential - 2
District (R-2) and General
Business Retail District (GB)
to Office and Professional
District (OP), on the follow-
ing described property, to
wit:
10.01 acres of land, Tracts 1
- 10, Abstract 198, T J
Green Survey, City of
Peariand, Brazoria County,
Texas (Generally Located
on the West Side of
Peariand Parkway, and on
the South Side of Barry
Rose Road)
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 PUB.l'ICATION.
. .
The Pearl and Reporter N~ws
2404 South"Park
Pea~land, Texas 77581
......-...
State of Texas .}
Brazoria and Harris Counties
. .
Ii Uoyd Morrow; hereby certify that the notice hereby appended was: published
.in THE REPORTER NEWS, a newspaper of general circulatiOn in Brazoria; Harris
. .;;md Gaiveston Counties, for [issues, as follows:
.,..'i',
-:
. Subscribe ~nd SWorn'to before me this
b.
day of. '.
I
2007
~.
. .
Laura Ann .Emmons~ Publisher
. Notary PUblic,- State of Texas .
.2 b01.-1 ~ 7-
Published Aug. 29 and
Sept.5, 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. 2007.
13Z
the South Side of Barry
Rose Road)
Notice is hereby given that
on September 17, 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 New Life
Lutheran Church, applicant
for Robert Alexander and
Tom Alexander, owners, 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
Famjly Residential - 2
District (R-2) and General
Business Retail District (GB)
to Office and Professional
District (OP), on the follow-
ing 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
10.01 acres of land, Tracts 1
- 10, Abstract 198, T J
Green Survey, City of
Pearland, Brazoria County,
Texas (Generally Located
on the West Side of
Pearland Parkway, and on
Exhibit 0
Recommendation Letter From P&Z Commission
Ordinance No. 2000M-40
Planning & Zoning Commission
Recommendation Letter
September 27,2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2007-13Z, a request by New Life
Lutheran Church, applicant for Robert Alexander and Tom Alexander, owners,
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) and General Business Retail District (GB) to
Office and Professional District (OP), on the following described property, to wit:
Honorable Mayor and City Council Members:
At their regular meeting of September 17, 2007, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Single Family
Residential - 2 District (R-2) and General Business Retail District (GB) to Office and
Professional District (OP), on the following property:
Legal Description: 10.01 acres of land, Tracts 1 - 1 D, Abstract 198, T J Green
Survey, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the West Side of Pearland Parkway,
and on the South Side of Barry Rose Road
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 3 - 2. Commissioners West, Greiner, and Koza voted for the motion to
approve, and Commission Fuertes and Chairperson Sandars voted against the motion
to approve. Therefore, the zone change was recommended for approval by the
Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Page 1 of 1