Ord. 2000M-0064-A 2009-07-13ORDINANCE NO. 2000M-64-A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 2000M, FOR AMENDMENTS TO THE
PREVIOUSLY APPROVED BELLAVITA PLANNED DEVELOPMENT, A CERTAIN
REAL PROPERTY, 211.9140 ACRES LOCATED IN THE W.D.C. HALL SURVEY,
A-23 HARRIS CO., TX (BELLAVITA AT GREEN TEE), (GENERALLY LOCATED
NORTH OF BROADWAY STREET AND WEST OF DIXIE FARM ROAD), (ZONE
CHANGE APPLICATION NO. 2009-06Z), AT THE REQUEST OF RENEE L.
MCGUIRE, APPLICANT, FOR GREEN-HOLLOW LTD., OWNER, TO PERMIT R-4
ZONING YARD REQUIREMTNS AND LOT COVERAGE, 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 Renee L McGuire, applicant, on the behalf of Green-Hollow Ltd.,
owner, filed an application for amendment to a previously approved PD, 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 15h day of June, 2009, 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 15th day of June, 2009, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Renee L McGuire, applicant, on the behalf of
Green-Hollow Ltd., owner, whereby the Commission recommended approval of the R-4
ORDINANCE NO. 2000M-64-A
PUD amendment.. 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 15th day of June, 2009;
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 Renee L McGuire, applicant, on the behalf of Green-Hollow Ltd.,
owner, presented which, in the judgment of the City Council, would justify the approval
with conditions of said application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The R-4 Planned Unit Development for the following described property
located within the corporate City limits of the City of Pearland, Texas, and presently
classified as R-4 PUD, is hereby amended to permit R-4 Zoning yard requirements and lot
coverage, and in accordance with all other conditions and requirements listed in the
Planned Unit Development (PUD) Document, also known as Exhibit "A" attached hereto and
incorporated for all purposes, such property being more particularly described as:
211.9140 acres located in the W.D.C. Hall Survey, A-23 Harris Co., TX (Bellavita at
Green Tee). (Generally located north of Broadway Street and west of Dixie Farm
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
Page 2 of 4
Ord No 2000M-64
ORDINANCE NO. 2000M-64-A
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-64
ORDINANCE NO. 2000M-64
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of July, 2009.
~~
TOM REID
MAYOR
ATTEST:
' ^ ~4Q~,ARLgN
Y NG If G, RM `''
~_:
S ETAR ="'~-
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th day of
July, 2009.
t...~.Q
REID
MAYOR
ATTEST:
,,~Q~ARLy~
~:~
-;
Y I , T C '~'~~
I Y SE ETARY '"`
APPROVED AS TO FORM:
a~_
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-64
Exhibit "A"
Application
Ordinance No. 2000M-64
ZONE CHANGE APPLICATION Page t of 4 Updated August 2008)
~-~ City of Pearland
`~~~i Community Development
-`~
APPLICATION FOR 3523 Liberty Drive
.a
~,,~..
`~°' ~ A C HAN G E I N ZONING Pear and Texas 7758'}
~~-~-~ - 281-652-1768
-~' 281-652-1702 fax
~wv`,v.cityofpearland.com
Current Zoning District: C~~' L~C~ U'-~z~ ~ ~v, ~~ ~~ ~ ~ ~ el GP nt~~-,--
Proposed Zoning District: ~'t-~~~ ~- ~~ ~~~~ ~cl ~e ~ ~ ~ a~ ~n,.~-
Property Information: `gam ~~V I ~ 0.~- L.:.~ ~~~
Address or General Location of Property: 2-(, q (~ ~ acll-tn ~oc_a-t ~C~ in -~{~, P ~ ~~.
4~ct L l S~.t --~ ~ P i_I /~ _ ? ~ F-l cL r r ~s Cck.i rte-, - ~ i ~
Tax Account No. (~ e~1,C, ~ ( .- o
ct,til west c~ t~', x ~ ~ F«~ m ~~•
Subdivision:
S kr e-~'
Lot: Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
APPLICANT INFORMATION:
NANtE L~re~n r1 O ~~o~.J I--'~I, NAME Re~~ e 1.- . V Y \C (..71-~L~t`~
ADORES 6 30 2 -0~~ ADDRESS l0 3o rt1c~C,~
CITY ~-e..e~,~~-~ STATE~ZIP "~"~ S g CITY ~~4Y1 STATE~ZIP 7''T5g~
PHONE(~_) Q R ? - 1 S2'1~ ~ PHONE( 02 8 ~ ) ~ ~~-~ ~Sp O ~/
FAX(~_)_ ~ ~ 7 - Z~~ FAX( Z~~ ) CIq~ - 2 g $ (p
E-MAIL ADDRESS Vf GQf~..2 p V'w-~.Q,l'~ •C~1AIL ADDRESS V 1 C~CtP~ r'W~,~eU LO~rY1~
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'Property owner must be the current owner of the property at the time of submittal of the application, and not the party
that has the property under contract.
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.
Otivner's Signature:
Agent's Signature:
Date:
Date:
OFFICE USE ONLY:
FEES DATE I RECEIVED ~ RECEIPT ~
j PAID: Iv ~ ~ PAID: Nlj:}- i BY: ~~I~ ~ NUMBER: ~~~ i
Aoolication No. '1,pp~- p ~~
Exhibit "B"
Location Map
Ordinance No. 2000M-64
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LOCATION MAP T
ZONE CHANGE NO. 2009-06Z NORTH
GENERALLY LOCATED NORTH OF BROADWAY STREET AND WEST OF
DIXIE FARM ROAD, PEARLAND, TX
Exhibit "C"
Publications
AFFIDAVIT O F P U B L I t,C1 I ~ l.! ~ ~nce No. 2000M-64
The Pearland Reporter News
2404 Park Avenue
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. I Date a ~ 20 ~_
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
CFO
day of
20~_
~~`err~g`o LAURA ANN EMMONS
• '~ ' Notary Public, State of Texas
~'~F oo •t'~ MV Commission Expires 09-09-2
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published May 27 and
June 3, 2009
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
ZONE CHANGE N0.
2009-O6Z
Notice is hereby given
that on June 15, 2009,
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 conduct a
joint public hearing in
the Council Chambers
of City Hall, located at
3519 Liberty Drive,
Pearland, Texas, on the
request of Rene L.
McGuire, applicant, for
Green-Hollow Ltd.,
owner, for amendments
to the Bellavita Planned
Development on the
following described
property, to wit:
211.9140 acres located
in the W.D.C. Hall
Survey, A-23 Harris Co.,
TX (Bellavita at Green
Tee). (Generally located
north of Broadway
Street and west of Dixie
Farm Road).
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Gantuah
Senior Planner
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd IVlorrow, 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 ~ - 3 20 ~~.
No. Date 20
No. Date 20
No. Date 20
No. Date 20
4
CFO
Subscribe and sworn to before me this day of
20~ ~-
~~pRY PVB`
LAURA A
' Notary PubL
j''`~~~``' My Commission
G~-~
Emmons, Publisher
Notary Public, State of Texas
Z~~e, C,'~,a,~`g~ ~p ~~~ o~jg-0~2
Street and west of Dixie
Farm Road).
;E OF A JOINT
IC HEARING OF
CITY COUNCIL
THE PLANNING
ZONING COM-
ON OF THE CITY
PEARLAND,
ZONE CHANGE N0.
2009-06Z
Notice is hereby given
that on June 15, 2009,
at 6:30 p.m., the City
Council and Planning
and Zoning Commission
of the City of Peartand,
in Brazoria, Harris and
Fort Bend Counties,
Texas, will conduct a
joint public hearing in
the Council Chambers
of City Hall, located at
3519 Liberty Drive,
Pearland, Texas, on the
request of Rene L.
McGuire, applicant, for
Green-Hollow Ltd.,
owner, for amendments
to the Bellavita Planned
Development on the
following described
property, to wit:
211.9140 acres located
in the W.D.C. Hall
Survey, A-23 Harris Co.,
TX (Bellavita at Green
Tee). (Generally located
north of Broadway
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Gantuah
Senior Planner
Exhibit "D"
P8Z Recommendation Letter
Ordinance No. 2000M-64
Planning & Zoning Commission
Recommendation Letter
July 1, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on 2009-06Z
Honorable Mayor and City Council Members:
At their meeting of June 15th, 2009, the Planning and Zoning Commission considered
the following:
Renee L McGuire, applicant, for Green-Hollow Ltd., owner, for amendments to
the Bellavita Planned Development, on the following described property, to wit:
LEGAL DESCRIPTION: 211.9140 acres located in the W.D.C. Hall Survey, A-23
Harris Co., TX (Bellavita at Green Tee).
GENERAL LOCATION: Generally located north of Broadway Street and west of
Dixie Farm Road.
P&Z Commissioner Ron Capehart made the motion to approve the amendment,
and P&Z Vice-Chairperson Jerry Koza, Jr. seconded the motion. The vote was 5-
0. Zone Change No. 2009-06Z was approved.
Sincerely,
Angela Gantuah, Senior Planner
On behalf of the Planning and Zoning Commission
Page 1