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Ord. 2000M-0050 2008-04-28ORDINANCE NO. 2000M-50 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 18.4916 ACRES OF LAND, BEING WHISPERING WINDS, AN APARTMENT AND TOWNHOME SUBDIVISION, OUT OF THE THOMAS J. GREEN SURVEY, ABSTRACT 198, AS RECORDED IN VOLUME 17, PAGES 93-94, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE AND WEST SIDE OF WESTMINISTER DRIVE, ON THE NORTH SIDE OF WHISPERING WINDS DRIVE, AND APPROXIMATELY 600 FEET NORTH OF FM 518 (BROADWAY STREET), (ZONE CHANGE APPLICATION NO. 2008-07Z), FROM SINGLE FAMILY RESIDENTIAL - 3 DISTRICT (R-3) TO MULTIPLE FAMILY RESIDENTIAL DISTRICT (MF), AT THE REQUEST OF WHISPERING APARTMENTS LLC, 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, Whispering Apartments LLC, 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 17th day of March, 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 4th day of April, 2008, the Planning and Zoning Commission ORDINANCE NO. 2000M-50 of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Whispering Apartments LLC, owner, 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 Multiple Family Residential District (MF), 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 April 14, 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 Whispering Apartments LLC, 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 - 3 District (R-3) is hereby zoned to Multiple Family Residential District (MF), such property being more particularly described as: 18.4916 acres of land, being Whispering Winds, an Apartment and Townhome Subdivision, out of the Thomas J. Green Survey, Abstract 198, as recorded in Volume 17, Pages 93-94, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (Generally Located on the East Side and West Side of Westminister Drive, on the North Side of Whispering Winds Drive, and Approximately 600 Feet North of FM 518 (Broadway Street) Page 2 of 4 Ord No 2000M-50 ORDINANCE NO. 2000M-50 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-50 ORDINANCE NO.2000M-50 PASSED, APPROVED, and ADOPTED on First Reading this 14th day of April, 2008. T REID MAYOR ATTEST: U G IN MC ITY S RETA Y PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of April, 2008. TOM REID MAYO R ATTEST: UN F RMC ITY ECRETARY ~~~~kt_~;~Y~ ''~' tT, .,M .,,,~ .a ^_ ;x, ~: :~~:. : ~; ~ ~a~~~t.N'~aJ"` APPROVED AS TO FORM: ~~ ~ ~ DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000M-50 Exhibit "A" Application Ordinance No. 2000M-50 __~ ~, .. .. ' ~ ri.~ ~ \il `'n APPLICATION FOR A CHANGE !N ZONING Ciry of Pearland Community Oevelopmenl 3523 Liberty Drive (Communiry Center) Pearland. Texas 77581 281.652-1768 281.652-1702 fax www.cityofpeartand.com Current Zoning District: MF Multiple Family Residential & R-3 Single Family Residential Proposed Zoning District: MF Multiple Family Residential Property Information: Address or General Location of Property' 2902 Whispering Winds Drive Pearland, Brazoria County, Texas 77581 Tax Account No. 8277-0701-000 Subdivision: Lot: Block. A Complete © Fee (see Zoning Change Fee Schedule) $250.00 Application must include ® Legal Description and/or Survey of the Property all of this information: ® Letter Explaining the Zoning Change Request in detail (specify the existing zoning and why the zone change is being requested, current use of the property, and the proposed use of the property; if a PD is requested, see PD Format and Guidelines) PROPERTY OWNER IN FORMATION: APPLICANT INFORMATION: NAh1E Whisperin g ApartmentG rrr NAME Whispering Apartments LLC ADDRESS 2301 S. Capital of Tx Hwy ADDRESS. 2301 S. Ca ital of Tx Hwy CITY Austi STATE. T?{ ZIP B1~~ 1 02 CITY Austin STATE TX zlp Bldg J-1 02 PHONE PHONE ~ ~ S T a ~,.,~ 8 ( 3 l 0-1,_,42 42 er ~a9~Atat» 5113_Z77_d777 r•7 ~„~; ~ rrnr•knr E-MAIL ADDRESS son ostinvestment roup.~MAlI ADDRESS 7 ason@postinvestmentctroup, com As owner and ap ~I~tkg~i~reby ~ ues~~a~~ro~r~~"of the above desc~~ec~ ~egue~~as provkdedrlfo w, com by the Unified Deve ment Code f the City of Pearland , Owner's Signature: /~ ~~ ~ Date. ~ 9 D ^ A ent' Si t ~~ ` g s gna ure: ~-- G Date: i ` O DO uA ~ t ~ g RECEIVED RECEIPT ' PAID: ~ ~ ~ I BY: NUMBER: .... Application No. ~~~o J Q ! L Exhibit "B" Location Map Ordinance No. 2000M-50 LOCATION MAP 0 soo 600 Feet N l i~ i l I Zone Change No. W~E S ZQQ$-Q7Z Map Prepared on February 26, 2008 AFFIDAVIT OF PUBI 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 l issues, as follows: No. .. „ No. No. No. No. Date Exhibit "C" Publications Ordinance No. 2000M-50 20 20 Date 20 Date 20 - ~ CFO Subscribe and sworn to before me this_ ~ day of 20~_ 0000000 ~ ~ LAURA ANN EMMONS . ~ Notary Public, State of Texas ~+r„~..+' My Commission Expires 09-09-2010 Date ~~ Z 7 20 ~ Date Laura Ann Emmons, Publisher Notary Public, State of Texas Z owe, ~bp~e ~pp-&-aCx~-a~~z, P Fab. 27 and Ya~cb 5, 4008 Nb71CE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLI- CATION N0. 2008.072 Notice is hereby given that on March 17, 2008, at 8:30 p.m., we City Councii and Plannkrg and Zoning Commbsfon of the City of Paarland, in . Brazorla, Itarrb and Fort Bend Counlles, Texas, will con- duct ~ joint public hearing in tlN Council Chembecs of CNy Hall, located at 3519 Liberty Drive, ,..Peadand, Texas, on the request of Whispering Apartments LLC, owner, 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 - 3 District (R-3) to Multiple Femlly Residential District (MF), on the following deeplbad prnpariY, to wk: 18.4011 aces of land, b~ SKI MMNxis, an Apartment and Townhome Subdlvialon, out of the ~ Thomas J. Green Survey, Abstract 198, as recorded in Volume 17, Pages 93.94, of the Plat Records ~ Brezoria County, Texas, City of Peariand, Bramria County, Texas (Genaralty Located on the East Side urd West Side of Weatrninister Drive, on the North Side of Whispering Winds Drive, and Approximately 600 Feet North of FM 518 (Broadway Street)) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /sl Theresa Grahrrrann Senior Plarxrer AFFI-DAVIT 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 in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for f issues, as follows: No. D t 3 ~ ~ a e 20 ~~ No. ~ Date 20 No. Date 20 No. Date 20 No. Date 20 ~1 CFO Subscribe and sworn to before me this. ~ da of C~~~ch Y 20~ . gyp` .~ ~~1~A ANN EMMONS ~ ~' ; Notary public, State of texas 'r~o~<<+~ My COmmissian Expires 09.68-2010 Laura Ann Emmons, Publisher Notary Public, State of Texas iA~P ~aC~ ~ - 01 Z- PubNaltod Fab. Z7 and MWdt 5, 2008 NOTICE OF A JOINT PUBLIC HEARING OF THE CRY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLM CATION N0. 200i-07Z Notice is hereby given that on March 17, 2008', at 8:30 p.m., the City Coundl and Planning and Zoning Commissbri of the CRy of Pearland, in Brazorla, Hams and Fort Bepd Counties, Texas, will con- duct a joint public heerMg in the Coundl Chambers of City Flail, located at 3519 . Liberty. Drive, Pearland, Texas, on the request of Whispering Apartments LLC, owner, for an .amendment to Orolnence No. 2000M, the Zoning Map of the Cfty of Pearland, .for approval of a change In zonir-g diaMct from daseiflcatiorr Single Family Realdential - 3 District (R-3) to MriM~le Family Residentlal Dlafiict (MF), on the tbtloiMrlg dsealbed properly, bo wit: 18.4918 seas of land, bekp Whispering Wanda, an ApaMrsnt and Townhome Subdhdabn, out of the Thomas 'J. Green - Survey, Abatrect 1~ . ea recorded In Volume 17, Ppee 83.94, of the Plat Records of Brazorla County, Texas, Cfty of Pearland, Brazoria County, Texas (Generaly Located on the East 31de and Weat Side of Wastminister Drive, on the- Norti~ Side of Whispering .Winds Drive, and Approximately 800 Feet North of FM 518 (Broadway Street)) At said hearing all Interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Therosa Grahrnarpt Senior Planner Exhibit "D" P&Z Recommendation Letter Ordinance No. 2000M-50 ~ ~ ~ ~ ~1n111 O~lltl O~1SS10~1 Recommendation Letter April 4, 2008 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change No. 2008-07Z Honorable Mayor and City Council Members: At their regular meeting of March 17, 2008, the Planning and Zoning Commission considered the following: A request by Whispering Apartments LLC, 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 - 3 District (R-3) to Multiple Family Residential District (MF), on the following described property, to wit: Legal Description: 18.4916 acres of land, being Whispering Winds, an Apartment and Townhome Subdivision, out of the Thomas J. Green Survey, Abstract 198, as recorded in Volume 17, Pages 93-94, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side and West Side of Westminister Drive, on the North Side of Whispering Winds Drive, and Approximately 600 Feet North of FM 518 (Broadway Street) Commission Member Sherrouse made a motion to recommend approval of the zone change request, which was seconded by Commission Member West. The vote was 3 - 2. Commission Members Capehart and West voted against the motion to approve. The zone change was recommended for approva! by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Page 1 of 1