Ord. 2000M-0041 2007-11-26
ORDINANCE NO. 2000M-41
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
2.998 ACRE TRACT OF LAND BEING OUT OF TRACT 112, OF SECTION
1, OF THE A.C. H. & B. SURVEY, ABSTRACT 147, ACCORDING TO THE
MAP OR PLAT RECORDED IN VOLUME 2, PAGE 1 OF THE BRAZORIA
COUNTY PLAT RECORDS, SAID 2.998 ACRE TRACT OF LAND BEING
THE SAME 3.00 ACRE TRACT DESCRIBED IN BRAZORIA COUNTY
CLERK'S FILE NO. 2004-039416, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF
WALNUT STREET, AND ON THE WEST SIDE OF OLD ALVIN ROAD),
(ZONE CHANGE APPLICATION NO. 2007-15Z), FROM GENERAL
COMMERCIAL DISTRICT (GC) AND OFFICE AND PROFESSIONAL
DISTRICT (OP) TO GENERAL BUSINESS DISTRICT (GB), AT THE
REQUEST OF SANFORD FRANKEL, APPLICANT FOR PAT BARCELO,
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, Sanford Frankel, applicant for Pat Barcelo, 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 15th day of October, 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
,
ORDINANCE NO. 2000M-41
WHEREAS, on the 30th day of October, 2007, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Sanford Frankel, applicant for Pat
Barcelo, owner, whereby the Commission recommended approval of the change of
classification for the described property from its existing classification of General
Commercial District (GC) and Office and Professional District (OP) to General Business
District (GB), 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 November 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 Sanford Frankel, applicant for Pat Barcelo, 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 General Commercial
District (GC) and Office and Professional District (OP) to is hereby zoned to General
Business Retail District (GB), such property being more particularly described as:
2.998 acre tract of land being out of Tract 112, of Section 1, of the A.C. H. & B.
Survey, Abstract 147, according to the map or plat recorded in Volume 2, Page 1
of the Brazoria County Plat Records, said 2.998 acre tract of land being the
same 3.00 acre tract described in Brazoria County Clerk's File No. 2004-039416,
Page 2 of 4
Ord No 2000M-41
ORDINANCE NO. 2000M-41
City of Pearland, Brazoria County, Texas (Generally Located on the South Side
of Walnut Street, and on the West Side of Old Alvin 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.
Page 3 of 4
Ord No 2000M-41
ORDINANCE NO. 2000M.41
PASSED, APPROVED, and ADOPTED on First Reading this 1 ih day of
November, 2007.
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TOM REID
MAYOR
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th
day of November, 2007.
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-41
Exhibit A
Application
Ordinance No. 2000M-41
APPLICATION FOR-
A CHANGE IN ZONING
CIty of Pearland
Community Development
,- . 3523'Llberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cftyofpearland.com
Current Zonirig. District: PM+ rOc i plft<:t Op
Proposed Zoning District: ~Fo~ l3M17/( t=? F}I?ofG<,tJ
Property Information:
Address or Genera/location of Property; MbD f3 .. wlt-tN0; 01<N ~ 0 r
r;;. l>>JfrL-u.vt + d-D A-id!/N RJJ t
TaxAccountNo. O/~-OO:-IIO iTVf '~
. '2.Q'i6 kCl..~ () f- 7i'. .
Sub....;",,: A.Co Ii-.{. II> s:(?~ Vlt7: tlJitL lot: _ Block: 112
, 5ec-f11Jv 1
A Complete 0 Fee (see Zoning Change Fee Schedule) 4.t.,2.. 75: ~
Application 'f( .
must include 0 Legal Description and/or Survey of the Property
all of this
information: 0 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 PD Format and Guidelines)
PROPERTY OWNeR INFORMATION, APPLICANT INFORMATION:1fE, J
NAME-ili .~CL'fL<JD NAME5IWftJRD ft/J!:J.~f.-;
ADDRESS 1ft''' CU.m:'l'C. C;"fd{ Lfl.~ ADDRESs1fddJffJ~ ~ 32-~
C1TYhi~N.{~h)N,;Q STATET~ ZIP '77 Fo/4' CITY~.s~ STATETX ZIPncqtp.
PHONE( 2tl ) LJ?~._ :f5;7~ PHONEUIZ )~051~ . =
FAX( lit ) y~s- - ~'7ZJ-I FAXOI'3 } 721- 0 S81
E-MAIL ADDRESS E-MAIL ADDREssFJl.MK.".6i..N}C/frfEC+$ @ S ~ {;..jl.J:;RfJl,
f/I
As owner and applicant, J hereby request approval of the above described request as prOVided for N6r
by the Unified Development Code of the City of Pearland.
Owner's Slgnature~
Agent's Signature: .._"-,-- ~
Date:
q-IS-ZoO/
Date: q.- ('7 -()l
RECEJPT
NUMBER: -
Application
No. D 1 --- /52:
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BEECHCRAFT
LOCATION MAP
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Zone Change
No. 2007 -15Z
Exhibit B
Location Map
Ordinance No. 2000M-41
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Map Prepared on September 25, 2007
Exhibit D
Recommendation Letter From P&Z Commission
Ordinance No. 2000M-41
Planning & Zoning Commission
Recommendation Letter
October 30, 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2007-15Z, a request by Sanford Frankel,
applicant for Pat Barcelo, 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 General Commercial District (GC) and Office and Professional District
(OP) to General Business District (GB)
Honorable Mayor and City Council Members:
At their regular meeting of October 15, 2007, the Planning and Zoning Commission
considered the request for a change in zoning district from classification General
Commercial District (GC) and Office and Professional District (OP) to General Business
District (GB), on the following described property:
Legal Description:
2.998 acre tract of land being out of Tract 112, of Section 1, of the
A.C. H. & B. Survey, Abstract 147, according to the map or plat
recorded in Volume 2, Page 1 of the Brazoria County Plat Records,
said 2.998 acre tract of land being the same 3.00 acre tract
described in Brazoria County Clerk's File No. 2004-039416, City of
Pearland, Brazoria County, Texas
General Location:
Generally Located on the South Side of Walnut Street, and on the
West Side of Old Alvin Road
Commission Member Greiner made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Sherrouse. 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
. AFFIDAVIT OF PUBLICATION
The Pearl and Reporter N~ws
2404 South'-Park
Pearland, Tex~s 77581
Exhibit C
Publications
Ordinance No. 2000M-41
State of Texas) _
-- .
Brazoria and Harris Counties
1; Uoyd Morrow. hereby certify that the notice hereby appended was pUblished
. in THE REPORTER NEWs. a newspaper of general circulatiOn in Brazoria; Hams
. and Gaiveston CoUnties. for . /issues. as follows: .
. .. - .
No. I' Date q~2? 20 ~ (J7
-. No. Date 20
_.
No. Date 20
No. Date 20
. ;'" ..
..
No. Date 20
.;:f~
. Subscribe ~nd sWorn'to before me this 2. 7 -
20107
, ,
. Notary PUblic,- State of Texas
? I . /(
r-:> '_/
JL_ (
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LEGALS
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
PEARLAND, TEXAS
ZONE CHANGE NO.
2007.15Z
Notice is hereby given that
on October 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 con-
duct a joint public hearing
in the Council Chambers of
City Hall, located at 3519
Liberty Drive, Pearland,'
Texas, on the request of
Sanford Frankel, applicant
for Pat Barcelo, 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 General
Commercial District (GC)
and Office and
Professional District (OP)
to General Business
District (GB), on the follow-
ing described property, to
wit::
2.998 acre tract of land
being out of Tract 112, of
Section 1, oftheA.C. H. &
B. Survey, Abstract 147,
according to the map or
plat recorded in Volume 2,
Page 1 of the Brazoria
County Plat Records, said
2.998 acre tract of land
being the same 3.00 acre
tract described in Brazoria
County Clerk's File No.
2004-039416, City of
Pearland, Brazoria County,
Texas (Generally Located
on the South Side of
Walnut Street, and on the
West Side of Old Alvin
Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heilrd on
the subject.
IslTheresa Grahmann
Senior Planner
AFFIDAVIT OF PUBliCATION
The Pearl and Reporter News
2404 South Park
Pearland, Texas 775-81
State of Texas
Brazoria and Harris Counties
l~ Uoyd Morrow, hereby certify that the notice hereby appended Was_ PUblished
- -
.In THE REPORTER NEWS. a newspir of general ciroulatiOn in Brazoria;: Hams
and ,Galveston Counties, for -issues, as follows: .
.~.
.~~
(}-l
2ob7
. Subscribe ~nd swom -to before me thi
- Notary Public, State of Texas
,.,,,,.
Published Sept.26 and
Oct.3 , 2007
2.998 acre tract of land
being out of Tract 112, of
Section 1, of the' A.C. H. &
B. Survey, Abstract 147,
according to the map or
plat recorded in Volume 2,
Page 1 of the Brazoria
County Plat Records, said
2.998 acre tract of land
being the same 3.00 acre
tract described in Brazoria
County Clerk's File No.
2004-039416, City of
Pearland, Brazoria County,
Texas (Generally Located
on the South Side of
Walnut Street, and on the
West Side of Old Alvin
Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on
the subject.
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
PEARLAND, TEXAS
ZONE CHANGE NO.
2007.15Z
Notice is hereby given that
on October 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 con-
duct a joint public hearing
in the Council Chambers ?f
City Hall, located at 3519
Liberty Drive, Pearland,
Texas, on the request of
Sanford Frankel, applicant
for Pat Barcelo, owner, for
an amendment to
Ordinance No. 2oo0M, the
Zoning Map of the City of
Pearland, for approval of a
change in zoning district
from classification General
Commercial District (GC)
and Office and
Professional District (OP)
to General Business
District (GB), on the follow-
ing described property, to
wit..
IslTheresa Grahmann
Senior Planner