Ord. 2000M-0048 2008-03-24ORDINANCE NO. 2000M-48
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 TRACT "A" AND TRACT "B" AND TRACT "C" OF WHISPERING
WINDS GENERAL BUSINESS RESERVE, OUT OF THE THOMAS J.
GREEN SURVEY, ABSTRACT 198, A PER THE PLAT RECORDED IN
VOLUME 17, PAGES 93 AND 94, OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF
FM 518 (BROADWAY STREET), AND ON THE WEST SIDE OF
WESTMINISTER DRIVE), (ZONE CHANGE APPLICATION NO. 2008-
05Z), FROM SINGLE FAMILY RESIDENTIAL - 3 DISTRICT (R-3) TO
GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE REQUEST OF
RICHARD A. TARRER, FELTON BAKER, MARY STARR, DAVID MILLER,
LUCY GEHRING, ALICE GEHRING, RAY NUNEZ, MIKE MARTIN,
DARWIN MACALISTER, AND PEARLAND SQUARE CONDOMINIUM
ASSOCIATION, 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, Richard A. Tarrer, Felton Baker, Mary Starr, David Miller, Lucy
Gehring, Alice Gehring, Ray Nunez, Mike Martin, Darwin Macalister, and Pearland
Square Condominium Association, 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 18th day of February, 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
ORDINANCE NO. 2000M-48
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 28th day of February, 2008, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Richard A. Tarrer, Felton Baker,
Mary Starr, David Miller, Lucy Gehring, Alice Gehring, Ray Nunez, Mike Martin, Darwin
Macalister, and Pearland Square Condominium Association, owners, whereby the
Commission recommended approval of the change of classification for the described
property from its existing classification of Single Family Residential - 3 District (R-3) to
General Business Retail 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 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 Richard A. Tarrer, Felton Baker, Mary Starr, David Miller, Lucy
Gehring, Alice Gehring, Ray Nunez, Mike Martin, Darwin Macalister, and Pearland
Square Condominium Association, 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 - 3 District (R-3) is hereby zoned to General Business Retail District (GB),
Page 2 of 4
Ord No 2000M-48
ORDINANCE NO. 2000M-48
such property being more particularly described as:
Tract "A" and Tract "B" and Tract "C" of Whispering Winds General Business
Reserve, out of the Thomas J. Green Survey, Abstract 198, a per the plat
recorded in Volume 17, Pages 93 and 94, of the Plat Records of Brazoria
County, Texas, City of Pearland, Brazoria County, Texas (Generally Located on
the North Side of FM 518 (Broadway Street), and on the West Side of
Westminister Drive)
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
Page 3 of 4
Ord No 2000M-48
ORDINANCE NO. 2000M-48
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 10th day of March,
2008.
ATTEST: ^~
SUN ORFII~G,
TY CRETARY
C
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24tH
day of March, 2008.
ATTEST: =~
~ ~~
SECRETARY
APPROVED AS TO FORM:
h. ~.~.
DARRIN M. COKER
CITY ATTORNEY
~- 7J oYYt
TOM REID
MAYOR
Page 4 of 4
Ord No 2000M-48
APPLICATION FOR
A CHANGE IN ZONING
Exhibit "A"
Application
Ordinance No. 2000M~8
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281.552-1768
281-652 1702 fax
www.cityofpea rland.com
Current Zoning District: ~ ,3
Proposed Zoning District: ~-7 ,~
Property Information:
Address or General Location of Property: ~ 5 ~~ ~' ~s/ ~ W e S ~m ~ ~ S ~r ~r
Tax Account No. ~ ~_2a -~,~ ~~~t~
e-
Subdivision:_W h r s D e r r rt a'~ 1 n d S Lot: ~- ~ q 8 Block: C g Icl
A Complete ~ Fee (see Zoning Change Fee Schedule)
Application
must include ~ Legal Description and/or Survey of the Property ~a~facl~ot', FNh~b'~ f ~>~
all of this
information: [~ Letter F~cplaining 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 PD is
requested, see PD Format and Guidelines) ~'~ yf~~l,e~l
PROPERTY OWNER INFORMATION:
NAME r~~ ah ~ r d ~ , '7-'t! 1^rGY'
ADDRESS ~t 20 ~'~ ~ ~.~ Tce /~~.
CITY (fie 4. r ~ 8 n d STATE ~ ZIP 7758 I
PHONE( Z~/ ) ~~5~ - ~} 503
E-MAIL ADDRESS_ ~a r'rer,~,s~c~/DG a ~. /~e ~'
APPLICANT INFORMATION:
NAME ~A-rK rr
ADDRESS
CITY
STATE ZI P
PHONE~~
FAx~~
E-MAIL ADDRESS
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Cod~pf the City of Pearland.
Owner's
Date: ~ ZO 07
Agent's Signature: Date:
ACOf~C ~ ~L+c n~u v_
l PAID: ~ ~ / ~ ~~ I PAID: I~ ~,~I'/Q 8 I BYCEIVED ~/ N[1MBER~ `
Application
IVo. aDDB' 05 ~
Exhibit "B"
LOCATION MAP
Zone Change
No. 2008-05Z
N 0 200 400 Feet
l i i i l 1
W~E
S
Map Prepared on January 28, 2008
Location Map
Ordinance No. 2000M-48
Exhibit "C"
Publications
AFFIDAVIT O F P U B L~ ~.H D i v ice No. 2000M-48
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
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties; for __ / issues, as follows:
No. f
~~ No.
No.
No.
No.
Date ~" ~0 20 ,~~
Date 20
Date 20
Date 20
Date 20
CFO
Subscribe and sworn. to before me this ~~ day of
20~_
Published Jan. 30 and
Fab. 6, 2008
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COMMIS-
SION OF THE CITY OF
PEARLAND, TEXAS
ZONE CHANGE N0.
2008-05Z
Notice is hereby given that
on February 18, 2008, at
6:30 p.m., the City Counal
and Planning and Zoning
Commission of the City of
Pearland, in Brezoria,
Harris and -Fort Bend
Counties, Texas, vriN con-
duct ajoint public hearing
in the Counal Chambers
of City Hall,, located at
3519 Liberty Drive,
Peariand, Texas, on the
request of Richard A.
Tamer, Felton Baker, Mary
Starr, David Miller, Lucy
Gehring, Alice Gehring,
Ray Nunez, Mike Martin,
Darwin Macalister, and
Pearland Square
Condominium Association,
owners, for an amendment
to Ordinance No. 2000M,
the Zoning Map of the City
of Pearland, for approval
of a'change in zoning dis-
trict. from classification
Single Family Residential
3 District (R-3) to
General Business Retail
District (GB), on the follow-
ing described property, to
wit:
Tract "A" and TrBct'B" and
Tract "C° of Whispering
Winds General Business
Reserve, out of the
Thomas J. Green Survey,
Ab~rad 198; a per the ply
recorded in Volume 17,
Pages 93 and 94, of the
Plat Rewrds of Brezoria
County, Texas, City of
Pearland, Brezoria
County, Texas (Generally
Located on the North Side
of• FM 518. (Broadway
Street), and on the West
Side of Westminister
D r i v e ,)
At said hearing all interest-
ed parties shall have _tha
right and opportunity to
appear and.. be heard on
the subject."
/ai Theresa Grahmann
Senior Plarx~r .
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News ~ :_=
2404 South Park
Pearland, Texas 775.81
State of Texas
Brazoria and Harris Counties
I, .Lloyd 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 5~1~_
~~ ~ No.
Date
20
No. Date 20
No. Date 20
No. Date 20
CFO
Subscribe and sworn to before me this_ ~ day of
20~_
IAUf~A ANN EMMONS
Notary Public, State of exas
y Commission Ex ' 09-2010
Laura Ann Emmons, Publisher
Notary Public, State of-Texas
Published Jan. 30 and
Feb. 8, 2008
NOTICE OF A JOINT
PUBLIC HEARING ~OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COMMIS-
SION OF THE CITY OF
PEARLAND, TEXAS
ZONE CHANGE N0.
2008-05Z
Notice is hereby given that
on February 18, 2008, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, in Brazoria,
Hams and Fort Bend
Counties, Texas, will con-
duct ajoint public hearing
in the Council Chambers
of City Hall, located at
3519 Liberty Drive, .
Pearland, Texas, on the
request of Richard .A.
Tamer, Felton Baker, Mary
Starr, David Miller, Lucy
Gehring, Alice Gehring,
Ray Nunez, Mike Martin,
Darwin Macalister, and
Pearland Square
Condominium Assoaation,
owners, for an amendment
to Ordinance No. 2000M,
the Zoning Map of Sae City
of Pearland, for approval
of achange in zonirig dis-
trict from classMcation
Single Family Residential
- 3 District _(R-3) to
General Business Retail
District (GB), on the follow-
ing described properly, to
wit:
Tn~ct'A' and Trad'B' and
Tract. ,"C' of Whispering
Winds General Business
Reserve, out of the
Thomas J. Green Survey,
Abstract 198, a per the plat
recorded in Volume 17,
Pages 93 and 94, of the
Plat Records of Brazoria
County, Texas, City of
Pearland, Brazoria
County, Texas (GeneraAy
Located on the North Side
of FM 518 (Broadway
Street), and on the What
Side of Westminister
D r i v e )
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on
the subject.
Is/ Theresa Grahmann
Senior Planner
Exhibit "D"
P 8~ Z Recommendation Letter
Ordinance No. 2000M-48
1 1 1 1
awn o~ on~sslon
Recommendation Letter
February 28, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2008-05Z
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 Richard A. Tarrer, Felton Baker, Mary Starr, David Miller, Lucy
Gehring, Alice Gehring, Ray Nunez, Mike Martin, Darwin Macalister, and Pearland
Square Condominium Association, 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 - 3 District (R-3) to General
Business Retail District (GB), on the following described property, to wit:
Legal Description: Tract "A" and Tract "B" and Tract "C" of Whispering Winds
General Business Reserve, out of the Thomas J. Green
Survey, Abstract 198, a per the plat recorded in Volume 17,
Pages 93 and 94, of the Plat Records of Brazoria County,
Texas, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the North Side of FM 518 (Broadway
Street), and on the West Side of Westminister Drive
Commission Member Sherrouse made a motion to recommend approval of the zone
change request, which was seconded by Commission Member Capehart. 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