Ord. 2000M-0051 2008-05-12ORDINANCE NO. 2000M-51
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 1.00 ACRES OF LAND, OUT OF THE
S.G. HAYNIE SURVEY, ABSTRACT 362, CITY OF PEARLAND,
HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST
SIDE OF ALMEDA SCHOOL ROAD, AND APPROXIMATELY 2,500
FEET NORTH OF SHADOW CREEK PARKWAY), (ZONE CHANGE
APPLICATION NO. 2008-09Z), FROM SPECTRUM DISTRICT (SPD)
DISTRICT S5: THE LIGHT AND HEAVY INDUSTRIAL DISTRICT TO
OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF
ALAN MUELLER, APPLICANT FOR CLAUDIA BLAKEMORE, 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, Alan Mueller, applicant for Claudia Blakemore, 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 April, 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 1St day of May, 2008, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 2000M-51
proposed amendment application by Alan Mueller, applicant for Claudia Blakemore,
owner, whereby the Commission recommended approval of the change of classification
for the described property from its existing classification of Spectrum District (SPD)
District S5: The Light and Heavy Industrial District 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 May 12, 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 Alan Mueller, applicant for Claudia Blakemore, 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) District S5: The Light and Heavy Industrial District is hereby zoned to Office and
Professional District (OP), such property being more particularly described as:
1.00 acres of land, out of the S.G. Haynie Survey, Abstract 362, City of
Pearland, Harris County, Texas (Generally Located on the East Side of Almeda
School Road, and Approximately 2,500 Feet North of Shadow Creek Parkway)
Section 11. 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
Page 2 of 4
Ord No 2000M-51
ORDINANCE NO. 2000M-51
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 12th day of May,
2008.
Page 3 of 4
Ord No 2000M-51
ORDINANCE NO. 2000M-51
ATTEST:
UN IN , T C
Y CRETA Y
,,~ ~ ~, . w.,,
~-:
~~:.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12tH
day of May, 2008.
ATTEST:
.Q~~t?r_tir~~,,,
~-:
UN F G, T MC _~=._ j
ITY CRETARY ......
APPROVED AS TO FORM:
a
DARRIN M. COKER
CITY ATTORNEY
7~
TOM REID
MAYOR
Page 4 of 4
Ord No 2000M-51
Exhibit "A"
Application
Ordinance No. 2000M-51
' ate
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
APPLICATION FOR
A CHANGE IN ZONING
Current Zoning District: Sme~~~m 7, s7~n~1~ 5 5
Proposed Zoning Distri
Property Information:
.SIo
Address or General Location of Property: /.S// 7 %~,,,P~~ S~ho~~ ~U~~
Tax Account No. 0¢3 - v~B -voo -voo 9
~. ~cra opt o~ 5 •G. N~jnie 3~r•~~
Subdivision: A s},- p he ~; Gam.., Lot:
A Complete
Application
must include
all of this
information:
Block:
L~1 Fee (see Zoning Change Fee Schedule)
L'7 Legal Description and/or Survey of the Property
f!~ 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 INFORMATION: APPLICANT INFORMATION:
NAME~rivO/i~ Q~aK _•~,-,re. NAME /7~an ~de ~/Pr
ADDRESS_ x.5//7 /~ln ala Sc.~,~,I /l~~ ADDREDDSS ~i-,ZO/ ~r~,,,, wry
CITY. /flo„ i~o., STATE % ~' ZIP 70 7 CITY 1P~s~ ls,. ,~ STATE~_ZIP 7758/,
PHONE I3 z.s(fl - ~o ~ 99 PHONE(~~ 1 ~/Z 9,Z/o
FAx~,3~ _ ~l 3 - ~ lio FAx(.; Bl~ 47z 9a~0
E-MAIL ADDRESSL ~~ l~a r»~ii 100 ,tom s~. ~~~a~ ,ie7`E-MAIL ADDRESS CL ~6n [v _ra r~M~,Y~C~,FaS ~~
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code of the City of Pearland.
Owner's Signature:,
Agent's
w Date:3'lB za08
Date: 3~b p~
/~ ~~ I uAie 3/
PAID. 3~ t7~
REC
IBER: '~
Application
No. ~ 0 S-t~9
Exhibit "B"
Location Map
Ordinance No. 2000M-51
LOCATION MAP
Zone Change
No. 2008-09Z
N 0 300 600 Feet
li~~l 1
W~E
S
Map Prepared on April 2, 2008
AFFIDAVIT OF Exhibit ~~~~~
PU Publications
Ordinance No. 2000M-51
The Pearland Reporter News
2404 South-Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
l; Lloyd Morrow, hereby certify that the notice hereby ap ended was. u
:in THE. REPORTER NEWS, a newspaper of general cir ulatio p bushed
and Galveston Counties, for n to Brazoria Harris
.issues, as follows:
No. ~ Date _ ~ ~
20 ~~ .
.. ~ No. Date
20 _____
No. ~ Date
20
No. Date
. 20
No. Date .,
. 20
. .~< -
- ~ CFO ~ ~ .
Subscribe and swom~to before me this 3 ~ ~ ~~
day
20~_
'LAURA ANN EMMO
• ~' . Notary Public, State o~
. ' ~ ~+ ~a*~~ My Commission Expires 09-09
Emmons; Publisher
Notary Public, State of Texas
PubNehsd AprH 2, ZOOS,
and AprH 9, 2008
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLAN-
NING AND ZONING
COMMISSION OF
THE CITY OF
PEARLAND,TEXA8
ZONE CHANGE APPLM
CATION N0.2008.09Z
Notke la hereby given that
on April 21, 2008, at 8,30
p.m., the City Coundl and
Planning and Zoning
Canmleabn of the City of
Pea~and, In Brazoria,
Harris and Fort Bend
Counties, Texas, will con-
duct a Joint public hearing
In the Coundl Chambers
of City Hall, located at
3519 LlbeRy Drive,
Pearland, Texas, on the
request of Alan Mueller,
applicant for Claudia
Blak~moro, trerrar, for an
amendment tp Ordinance
No. 2000M, the Zoning
Map of the City of
Pearland, for approval of a
dtanga In zoning dletrkx
I3~!~r from clueHlcatbn
Spectrum DleMct (SPD)
DbMct 36: Tha Lfght and
Heavy Industrial DlsMct to
Office and Professional
District (OP), on the follow-
ing described property, to
wit;
1.00 acres of land, out of
the S.G. Haynie Survey,
Abstract 362, Ciry of
Pearland, Hams County,
Texas (Generally Located
on the East Side of
Almelo School Road, and
Approximately 2,500 Feet
North of Shadow. Creek
Parkway) At said hearing
all interested parties shall
have the right and oppor-
tunity to appear and be
heard on the subject.
Theresa Grehmann
Senkx Planner
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News ~ - --
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd `Itllorrow, 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. , Date ~ .. ~ 20
" No. "
No.
• No.
No.
Date _ 20
Date 20
Date 20
Date 20
CFO
Subscribe and sworn to before me this ~~ day of
20.~_ ~>xo°°°°°
~~,~~ LA:~°o•'A ANN EMMONS
Notary Public, State of Texas
'~+,,,,..+~ My Commission Expires 09-09-2010
.. .,
Laura Ann Emmons, Publisher
Notary Public, State of Texas
~~~ C,ir~~~.~ ~P~a~~-c~~ z
PubAslrsd April 2, 2008,
and AprN 9, 2008
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLAN-
NING AND ZONING
COMMISSION OF
THE CITY OF
PEARLAND,TEXAS
ZONE CHANGE APPLI-
CATION N0.2008.09Z
Notice is hereby given that
on April 21, 2008, at 6:30
p.m., the Cily Council and
Planning ahd Zoning
Commission of the City of
Pearland, in Brezoria,
Harris 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 Alan Mueller,
~~~
applicant for Claudia
Blakemore, owner, for an
amendment to Ordinance
No. 2000M~:~he Zoning
Map of the City of
Pearland, for approval of a
change in zoning district
from classification
Spectrum District (SPD)
District S5: The Light and
Heavy Industrial District to
Office and Professional
DisWct (OP), on the follow-
ing described property, to
1.00 saes of land, out of
the 3.G. Haynie Survey,
Abstract 382, City of
Pearland, Hartle County,
Texas (Generally Located
on the East Side of
Almeda School Road, and
Approximately 2,500 Feet
North of Shadow Creek
Parkway) At said hearing
all Interested parties shall
have the right and oppor-
tunity to appear and be
heard on the subject.
Theresa Grahmann
Senior Planner
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000M-51
~ ~ ~ ~
a~ o~ om~sslo~
Recommendation Letter
~. - --
May 1, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2008-09Z
Honorable Mayor and City Council Members:
At their regular meeting of April 21, 2008, the Planning and Zoning Commission
considered the following:
A request by Alan Mueller, applicant for Claudia Blakemore, 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) District S5: The Light and Heavy Industrial District to Office and
Professional District (OP), on the following described property, to wit:
Legal Description: 1.00 acres of land, out of the S.G. Haynie Survey, Abstract
362, City of Pearland, Harris County, Texas
General Location: Generally Located on the East Side of Almelo School Road,
and Approximately 2,500 Feet North of Shadow Creek
Parkway
Commission Member Sherrouse made a motion to recommend approval of the zone
change request, which was seconded by Commission Member West. The vote was 5 -
2. Commission Members Diggs and Capehart voted against the motion to approve.
The zone change request was recommended for approval by the Planning and Zoning
Commission.
Sincerely,
Theresa A. Gra(tmann
Theresa Grahmann, Senior Planner, on behalf of the Planning and Zoning Commission
Page 1 of 1