Ord. 2000M-0047 2008-03-24ORDINANCE NO. 2000M-47
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 48.4712 ACRES OUT LOT 5 OF THE
JAMES HAMILTON SURVEY, ABSTRACT 881, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 83, PAGE 342, OF
THE DEED RECORDS OF HARRIS COUNTY, TEXAS, CITY OF
PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON
THE WEST SIDE OF STATE HIGHWAY 288, AND ON THE NORTH
SIDE OF SHADOW CREEK PARKWAY), (ZONE CHANGE
APPLICATION NO. 2008-04Z), FROM SPECTRUM DISTRICT (SPD) TO
PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF GC
ENGINEERING, INC., APPLICANT FOR HISTORIC REAL ESTATE,
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, GC Engineering, Inc., applicant for Historic Real Estate, Inc., 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 21St day of January, 2008, 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 28t" day of February, 2008, the Planning and Zoning
ORDINANCE NO. 2000M-47
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by GC Engineering, Inc., applicant for
Historic Real Estate, Inc., owner, whereby the Commission recommended approval of
the change of classification for the described property from its existing classification of
Spectrum District (SPD) to Planned Development District (PD), 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 March 10, 2008; 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 GC Engineering, Inc., applicant for Historic Real Estate, 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 Spectrum District
(SPD) is hereby zoned to Planned Development District (PD), in accordance with all
conditions and requirements listed in the Planned Development (PD) Document, also
known as Exhibit "E" attached hereto and incorporated for all purposes, such property
being more particularly described as:
48.4712 acres out Lot 5 of the James Hamilton Survey, Abstract 881, according
to the map or plat thereof recorded in Volume 83, Page 342, of the Deed
Records of Harris County, Texas, City of Pearland, Harris County, Texas
(Generally Located on the West Side of State Highway 288, and on the North
Side of Shadow Creek Parkway)
Page 2 of 4
Ord No 2000M-47
ORDINANCE NO. 2000M-47
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-47
ORDINANCE NO.2000M-47
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of March,
2008.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24tH
day of March, 2008.
£c-~
TOM REID
MAYOR
ATTEST:
NG~fld'RR1N(~?TR
CRET
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-47
Exhibit "A"
Application
Ordinance No. 2000M-47
APPLICATION FOR
A CHANGE IN ZONING
CI(y of Pearland
Corrrmunjiy Devefownent
> ~
{Comtnuni~y Center)
Pearlend, Teems 7Tfi8
281-652 ~~88
281-652.9702 fax
www c8yofpear]end-cam
Current Zoning Djstrtct: SPD, spectrum Dlshict, 33
Proposed Zoning Dis#r#ct: SPD, S~reetrrrm Cistnd' Si with PO
Property lrrformal~on: west otsH-zsa, I+brm o1~t~eer
Creek, end soutlr of Sow Spectrum
Address or General Location of Property: ~+-~
Tax Account No.
Subdivision: Lot: Block
A Complete
Application
must Include
al!• of this
irsformatlon:
^ Fee {see Zoning Change Fee Schedule)
^ Legal Description andlor Survey afithe Property
Le:Eter Explaining the Zoning Change Request in detail (specify the
eodsting zoning and whythe zone change Is being requested, aurnent use
of the property, and the proposed use of the propertys ff a PD Is
requested, see PD Fomrat and Guidelines)
pROPERIY OWNER INFORMATION:
NAME Historic Real Helots, lac.
ADDRESS 14326 Highway 288 South '
CITY Eousbon STATE~P iT047
PHONE( 'll,,~ LS/9•- d 420 .
FA)(( ~/3) ~H~f -34aa -
[~MAIL ADDCtES34Gbs W~GIt/il1J~F...:.1it:21 Fa~~.7,
aPPUCaxr INwI~arArtoN:
NAME ~ dc9~ Ina
ADDRESS ~ Parkavenue
CITY Peartend STATE TX ZIP 77681
-----
PHONE! „~ (28i) 412 7D08
FAX( ) (28i) Ai2rI623
c-IUtAI>. ADnr~ss
As owner and applicant, er y qu approval of the above described request as provided for
by the Unified Develop f o f Ify of Pearlan .
BY= B.a~- w~/k of his
Owner's Signature: ~ , ~. P. per.
Agsni's Signature: Date: ~ 4 21 t o'~"
Application
No.
LOCATION MAP N o 300 600 Feet
Zone Change w~E
S
NO. 2~~$•OQ,Z Map Prepared on January 2, 2008
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Exhibit "C"
Publications
Ordinance No. 2000M-47
AFFIDAVIT OF PUBLIC;ATIUN ~~~~r~.f~-~
G3T ~rM1C `'~~'~
The Pearland Reporter News
20~~ J~ -~ P19 2~ 19
- 244 South dark
Pearland, Texas 77581
State of Texas
•, Brazoria and Harris Counties
I,' .LCoyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for _ issues, as follows:
:-
No:
No.
No.
No.
No.
Date _ ~' Z ~ 20 ~
Date 20
Date 20
Date 20
Date - :~ 20
#~
Subscribe and sworn to before me this
1 ~,
20~ g
~' ~lotary Publis. S~~e of Texas
n Expires 09-09-2010
+~ Y ,^,~Ctl;nt 5 Cl
• r+TF 0. ~4 y
D FO
day of ~•
Laura Ann Emmons, Publisher
Notary Qublic, State of Texas
PubNslred Jan. 2 and Jan.
9, 2008- -
E "~ T
MI~J~~~iEAR~ liQf
THE CITY COUNCIL AND
THE PLANNING -AND
ZONING COMf11SS1ON
OF THE CITY OF
PEARLAND, TEXAS
ZONE CHANGE N0.
2 0 0 0- 0 4 Z
Notice is hereby given that
on January 21, 2008, at
6:30 p.m., the City Camdl
and Planning and Zoning
Commission of tl~e Cky of
Paariand, in Brazoria,
Hems and -Fort Bend
Caxdies, Texas, wAI con-
duct ajoint public hearing
in the Coundl Chambers
of CNy Hall, located at
3518 Liberty Drive,
Peariend, Texas, on the
request.. of GC
Eng~eering, -Inc., appli-
c~r-t for .Historic Real
F.stals, Inc., owner, for an
srnsadrit~ant to Ordinance
Na. 2065)fil' the'Zoning
t~P d -the COy of
PerarNnd, •for approwl d a
dwrge in zoning district
fiom dassNk~tiori
Spectrum District (SPD) to
Planned Devebpmsnt
Dfstrkt (PD), on the toibw-
inli drasabad proOsely, to
wit:
48.4712 acres out Ld 5 d
the James Hamihon
Surrey, Abstract 881,
aooording to the m~ or
plat thereof recorded in
Vokune 83, Page 342, d
the -Deed Records of
Harris County, Texas, Cily
of Pearland, Harris
County, Texas, (Generally
Locsded on the West Side
of State Highway 280, and
on the North Side of
Shadow Creek Parkway)
At said hearingall irNr+reat-
ad parties shall ha~n' the
-ri8ht and ~pportrrnih-
appear ar>cf~ be ~hdard on
the subject.
IsfTtier~a GralMrreirs-
Senior Plannsr
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
24x4 South Park
Pearland, Texas 77581
~~r~ ~-~
T~T~ ;
r~T~ f + ~~
e r~~'L
i ,
~.J~~ 4'~~'' I I P i i~ S 9
_,
State of Texas
Brazoria and Harris Counties
I,~.Lfoyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No: ~-~ ~`
Date °"-
20
No. Date 20
No. Date 20
No. .Date 20
No. Date - 20
~~
Subscribe and sworn to before me this ~ ~ day of
20 w a _
t ~~ ~ ~
RA ANN SMMONS
• ~ • Notary Public, State of Texas
• ~r'O~''*~~ MY Commission Expires 09,
_ 09-2010
mmons, Publisher
Notary Public, State of Texas
z ~-
PrrlAshad ,an. 2 and Jan.
~,
NOTICE OF A JOMT
PlJBLIC HEARING OF
THE CRY COUNCIL AN0
THE PLANNING AND
HONING COMMISSION
OF THE CITY OF
PEARLAND, TEXAS
ZON! 'CHANGE .NO.
2 1 0 8 0 4 2
Ndkra k hereby given that
on January 21, 2008, at
8:30 ~.m., the City CouncM
and Pln-ning•and`Zorring
Comrnksion of the City of
Parland, in Brazork,
Hank and. Fort Bend
Countlss, Texas, will oon-
dud • joint publ~ hearNrg
In the Council Chambers
of City Hall, located at
3819 Liberty Draw,
Paarland, Texas, on the
ngrrst of GC
Engk~aering, Inc., appli-
ant for Historic Raai
EstaM, Inc., owner, far an
anrsrrdmer-t to Ordinals
No. 2000M, the 2onMg
tip of the City of
Peartarxi, for approval of a
ohmge in zoning district
from classificdfon
Spectrun District (SPD) to
Plarxnd Development
Dktrbt (PD), on the foNow-
~ desaibed Property, to
rr~
surer. Abstract m,
aeoending ~ the ~ er
plat riereof recorded fn
NbRrne 83, Page 342, d
tM peed Records of
Hank County, Texw, Cily
®f Pearknd, Hank
Canty, .Texas, (GeneraNy
Loceiad on the West Side
of Efate Highway 288, and
on the North Side of
Shadow Credc Parkway)
At said hearing all intsrsst-
ed parries shall haw the
ripM and opportunity to
appear and be heard on
the subject.
hfthare,a Grahmaaa
>larrror Pkmar
4!.4712 saes out Lot 5 of
tfw Janes Hamilton
Exhibit "D"
P 8 Z Recommendation Letter
Ordinance No. 2000M-47
Planning & ~Oning Commission
Recommendation Letter
February 28, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2008-04Z
Honorable Mayor and City Council Members:
At their regular meeting of February 18, 2008, the Planning and Zoning Commission
considered the following:
A request by GC Engineering, Inc., applicant for Historic Real Estate, 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 Spectrum
District (SPD) to Planned Development District (PD), on the following described
property, to wit:
Legal Description: 48.4712 acres out Lot 5 of the James Hamilton Survey,
Abstract 881, according to the map or plat thereof recorded
in Volume 83, Page 342, of the Deed Records of Harris
County, Texas, City of Pearland, Harris County, Texas,
General Location: Generally Located on the West Side of State Highway 288,
and on the North Side of Shadow Creek Parkway
Commission Member Koza made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Capehart, with Staff's comments
as explained during the Joint Public Hearing and the Planning and Zoning Commission
Meeting. The motion to approve passed 7 - 0. The zone change was recommended
for approval by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Page 1 of 1
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