Ord. 2000M-0065 2009-09-14ORDINANCE NO. 2000M-65
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
THECLASSIFICATION OF CERTAIN REAL PROPERTY, 1.0 ACRE OF
LAND DESCRIBED AS LOT 14, BLOCK 3, SKYWAY MANOR
SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 7, PAGE 67 OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (2905 FM 1128, PEARLAND, TX) (ZONE
CHANGE APPLICATION NO. 2009-08Z), FROM CLASSIFICATION
SINGLE FAMILY RESIDENTIAL-1 (R-1) TO NEIGHBORHOOD SERVICES
(NS), ON THE REQUEST OF DR. HUGH PETER PATTON, APPLICANT
AND 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, Dr. Hugh Peter Patton, applicant and owner filed an application for a
Zone Change for certain property, 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 20th day of July, 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 3`d day of August, 2009, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed Zone Change application by Hugh Peter Patton, applicant and
owner, whereby the Commission recommended approval of the Zone Change
application.
ORDINANCE NO. 2000M-65
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 31St day of August, 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 Hugh Peter Patton, applicant and owner, presented which, in the
judgment of the City Council, would justify the approval of said application with the
following conditions; 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 limits of the
City of Pearland, Texas, and presently classified as Single Family Residential-1 (R-1)
District, is hereby granted a Zone Change to Neighborhood Services (NS) Zoning
District, in; such property being more particularly described as:
Approximately 1.0 acre of land described as Lot 14, Block 3, Skyway Manor
Subdivision, according to the map or plat thereof recorded in Volume 7, Page 67
of the plat records of Brazoria County, Texas (Located at 2905 FM 1128,
Pearland, TX).
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. The City Council further finds and determines that there
has been compliance with the mandates of law in the posting and presentation of this
Page 2 of 4
Ord No 2000M-65
ORDINANCE NO. 2000M-65
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 approval herein granted 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. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 31St day of August,
2008.
ATTEST:
M.v~ yy./.
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Y NG ING RM ~'~~
I Y SE ETAR 't~~'
TOM REID
MAYOR
Page 3 of 4
Ord No 2000M-65
ORDINANCE NO. 2000M-65
PASSED, APPROVED, AND ADOPTED ON SECOND AND FINAL READING
this the 14th day of September, 2009.
GYytJ ~
TOM REID
MAYOR
ATTEST:
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~-
Y NG G, M ~'~~
Y SE ETARY ``'~`
APPROVED AS TO FORM:
DARRIN M. COK R
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-65
Exhibit "A"
Application
Ordinance No. 2000M-65
ZONE CHANGE APPLICATION Page 1 of 4 Updated August 2008)
City of Pearland
APPLICATION FOR Comm3523DLbertyDrve
_ ~ ~ -~ A C HAN G E i N ZONING Pear and Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Current Zoning District: K
Proposed Zoning District: l7~- ~ RECD J~1N 1 ~ ~Q(}~
Property Information:
Address or General Location of Property: ~ O 7 ~~ ~ 1 2~
Tax Account No. ~. ~ ~ ~
Subdivision: ~ ~l z„r, ~, . ..v~ , Lot: Block: ~~
i
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
APPLICANT INFORMATION:
~) 1
NAME__ 1't11~1~ ~2~~~ ~a~1'e~h NAME i'\~ ~ G1,
ADDRESS S"5l7 WeS~ ~~~zQ~Ic~tu-t Lii~' ~-- ADDRESS S~S t~ G~~s-i• ~~vao~~.y Sc.~~ ~ I~-
CITY Ccw' ~ra,t~ t~ STATE~_ZIP_ t CITY .p~c~ ~ c~,ti- o~ STATE~_ZIP "? ? C-Sr I
PHONE(G J'( ) ~ (~_ `7 ~ 7 ~f PHONE( 2~ ( )~ 1 Z. --' ~ ~s" Z
FAX( ~ ~ /) C Z FAX( ~ } ~ I Z - ~ S' ~ ~.
E-MAIL ADDRESS C C~ (COY? G r e f ~s2- Y E-MAIL ADDRESS C~~ y rl~~~ i L~ >r ~~ ~~, 5 `C
'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 of Pearland.
Owner's Signature: Date:
Agent's Signature:
Date:
OFFICE USE ONLY:
PAID ~ p~n ~ ~ `. PAID ~ o?'J'u~t BYCE D - ~ NUMBER: ~ 7i l ~D/
Application No. 07 l~O ~ - U
Silver Creek Dental
Dr. Hugh Patton D.D.S.
5517 West Broadway Suite A
Pearland, TX 77581
281-412-7874 ~~~~ ~ u [~ 1 ~ ~(~~~
To whom it may concern:
The proposed use of the above mentioned land is the placement of a
dental office, and professional suites. The dental office will be a stand
alone building, in brick. It will encompass 3700 sq ft approximately. The
professional suites will encompass approximately 4700 sq ft. The use of
the facility will be during the hours of Sam to 6pm. The days of operation
will be Monday through Saturday. The dental office will be used by
myself and other dentists, employed by myself. The professional suites
will be used for professional services, which are allowed by the zoning
change. The nature of these businesses will be directed for long term
tenants, with the ability to provide services needed in a growing
community. The size of the professional suites will be determined by the
development issues which are being studied now. The area will make an
easy access to existing patients of the practice due to proximity to major
thoroughfare and TX dot planned road. The property across the street is
zoned for general business.
Thanks for consideration,
Dr. Hugh P. Patton, D.D.S.
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Exhibit "B"
Location Map
Ordinance No. 2000M-65
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LOCATION MAP T
ZONE CHANGE NO. 2009-08Z
NORTH
ZONE CHANGE FROM R-1 TO GB
LOCATED 2905 FM 1128/MANVEL, PEARLAND, TX
Exhibit "C"
Publications
AFFIDAVIT O F P U B ~~ ~,,-„ ;rdV ~~ No. 2000M-65
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77.581
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
No. Date 20
No. Date 20
No. Date 20
No. Date 20
~~/~;
CFO
Subscribe and sworn to before me this ~
~~~ar °~a
~~ LAI
' Note
'r`~° ~`' My Com
day of
Emmons, Publisher
Notary Public, State of Texas
ZOne ~af~g ~~ oZ.QU9-08 Z.
Published July 1 and
July 8, 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.OSZ
Notice is hereby given
that on July 20th, 2009,
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 conduct a
joint public hearing in
the Council Chambers
of City Hall, located at
3519 Liberty Drive,
Pearland, Texas, on the
request of Hugh Peter
Paton, appkcant and
owner, for approval of a
change in zoning district
from classification
Single Family
Residential-1 (R-1) to
General Business Retail
District (GB), on the fol-
lowing described prop-
erty:
1.0 acre of land
described as Lot 14,
Block 3, Skyway Manor
Subdivision, according
to the map or plat there-
of recorded in Volume 7,
Page 67 of the plat
records of Brazoria
County, Texas (2905 FM
1128, Pearland, TX).
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Lata Krfahnarao
Planning Director
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.
" No.
No.
No.
No.
Date _ ~- f} 20 ~_
Date 20
Date 20
Date 20
Date 20
~~~~~
CFO
.,
Subscribe and sworn to before me this_ day of
x~,~~PUB~ LAURA ANN EM
PJota.ry Public, State
m'TFO`~E+' My Commission Expires
nn Emmons, Publisher
Notary Public, State of Texas
~ne C-~o-~~e 11~ d ~9~0~ Z
Py~' Juty 1 and
Jute 200Y
NOTICE OF' A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXA8
ZONE CHANGE NO.
~009.08Z
Notice is hereby given
that on July 20th, 2009,
at 8:30 p.m., tha City
Council and Planning
and Zoning Commission
of the City of Pearland,
in Brezoria, Halls and
Fort- Bend Counties,
Texas, will conduct a
Joint public hearing in
the ,Council Chambers.
of :City Hall, located at
3519 Liberty:::;Drive,
Peariand, Texat~~ 4tr the
request of HugFlikPeter
Patton; applicant and
owner, for approval of a
change in zoning district
from classification
Single Family
Residential-1 (R-1) to
c~rrerel Business Retail
DisMd (GB), on the fol-
lowing described prop-
erty: ;r
1.0. acre of land
descri4ed as Lot 14,
Block 3, -Skyway Manor
Subdivision, according
to the map or plat there-
of recorded in Volume 7,
Page 67 of the plat
records of Brazoria
County, Texas (2905 FM
1128, Pearland, TX).
At said hearing, all Inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Leta Kriahrpxao
PlamhO DNrda
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000M-65
Planning & Zo~ng Commission
Recommendation Letter
August 24, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone change Application No. 2009-08Z
Honorable Mayor and City Council Members:
At their meeting of August 3, 2009, the Planning and Zoning Commission considered
the following:
A request of Hugh Peter Patton, applicant and owner, for approval of a change in
zoning district from classification Single Family Residential-1 (R-1) to General
Business Retail District (GB), on the following described property:
LEGAL DESCRIPTION: 1.0 acre of land described as Lot 14, Block 3, Skyway
Manor Subdivision, according to the map or plat thereof recorded in Volume 7,
Page 67 of the plat records of Brazoria County, Texas
GENERAL LOCATION: Located at 2905 FM 1128, Pearland, TX.
The Zone Change No. 2009-08Z request had been tabled by P&Z on July 20,
2009. The subject property did not meet the GB Zoning District lot width
requirement of 125 feet. The Zone Change No. 2009-08Z request was removed
from table on August 3, 2009. A motion to approve the Zone Change from GB to
NS was made. The subject property met the lot width requirement of 100 feet.
The vote was 4-0 for approval of the zone change and the motion passed. The
Zone Change from R-1 to NS was approved.
Sincerely,
Angela Gantuah, Senior Planner
On behalf of the Planning and Zoning Commission
Page 1