Ord. 2000M-0074 2011-01-10ORDINANCE NO. 2000M -74
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 A TRACT OF LAND APPROXIMATELY
0.4218 ACRE, BEING OUT OF LOT 29 OF WALCOTT'S PEARLAND
SUBDIVISION, ACCORDING TO THE MAP OR PLAT RECORDED IN
VOLUME 35, PAGES 241 AND 242 OF THE BRAZORIA COUNTY DEED
RECORDS. SAID 0.4218 ACRE TRACT ALSO BEING PART OF A
CERTAIN CALLED 74.986 ACRE TRACT RECORDED IN BRAZORIA
COUNTY CLERK'S FILE NUMBER 94- 040206 (ZONE CHANGE
APPLICATION NO. 2010 -08Z), GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF MCHARD ROAD AND PEARLAND PKWY,
FROM SINGLE FAMILY RESIDENTIAL -1 (R -1), TO OFFICE
PROFESSIONAL (OP), AT THE REQUEST OF THE CITY OF
PEARLAND, 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, The City of Pearland, applicant and 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 from Single Family Residential -1 (R -1) to Office
Professional (OP) 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 vicinity map attached hereto and made a part hereof for
all purposes as Exhibit "B and
WHEREAS, on the 15 day of November, 2010, 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
ORDINANCE NO. 200OM -74
WHEREAS, on the 15 day of November, 2010, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed zone change application by the City of Pearland, applicant and
owner, whereby the Commission recommended approval of the change of classification
for the described property from its existing classification of Single Family Residential -1
(R -1) to Office Professional (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,
City Council considered this application and the recommendation of the Planning and
Zoning Commission at a regular meeting on the 13 day of December, 2010; 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 the City of Pearland, applicant and 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 -1 (R -1)
to Office Professional (OP), in accordance with all conditions and requirements of the
current Unified Development Code and incorporated for all purposes, such property being
more particularly described as:
Page 2 of 5
Ord No 2000M -74
ORDINANCE NO. 200OM -74
0.4218 acre, being out of Lot 29 of Walcott's Pearland Subdivision, according to
the map or plat recorded in Volume 35, Pages 241 and 242 of the Brazoria
County Deed Records. Said 0.4218 acre tract also being part of a certain called
74.986 acre tract recorded in Brazoria County Clerk's file number 94- 040206,
generally located at the Southwest corner of McHard Road and Pearland Pkwy
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.
Page 3 of 5
Ord No 2000M -74
ORDINANCE NO. 200OM-74
Section V1. 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 13 th day of
December, 2010.
ATTEST:
J
Y NG 1-95"(5, FC�
SEGRETAR P
Y
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 1 0 th
day of January, 201
ATTEST
I-
Y,6 P N G L)6A WG� T PIA C
&Y SEdIETARY
TOM REID
MAYOR
Page 4 of 5
Ord No 200OM-74
ORDINANCE NO. 200OM -74
APPROVED AS TO FORM:
o ca-l-
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 5
Ord No 2000M -74
Exhibit "A"
Application
Ordinance No. 2000M -74
ZONE CHANGE APPLICATION Page 1 of 5 Updated June 2010)
City of Pearland
Community Development
APPLICATION FOR 3523 Liberty Drive
A CHANGE IN ZONING Pearla T xas 77581
281 -652 -1768
281 -652 -1702 fax
www.c #tyofpearland.com
Current Zoning District: Single Family Residential (R -1)
Proposed Zoning District: Office Professional DP
Property Information:
Address or General Location of Property: Southwest Corner of McHard and Pearland P!2U
Tax Account No. 156061
Subdivision:
Lot:
1091513
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION;
City of Pearland
NAME Mike Hod e Asst. Clt M r
ADDRESS 3519 LIbertY Dr
CITY Pearland STATE TXziP 77581
PHDNE� 281 652 -1650
FAX 281 652 -1702
E -MAIL ADDRESS mI1l3dge(a�cl.pearlanclAx.us
APPLICANTIAGENT INFORMATION:
NAME Harold Ellis. Sr. Planner
ADDRESS Liberty pr
CITY Pearland STATE TX zIP 77581
PHONE( 281 +65.2 -1742
FAX( 281 652 -1702
E -MAIL ADDRESS hellis &cipearland.tx.u
*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 Cade of the City of a land.
Owner's Signature: Date: 0 A`�
Agent's /Applicant's
Signature: Date
FICE USE ONLY:
Z=EES DATE RECEIVED RECEIPT
PAID, PAID: I BY: NUMBER:
ADOlication No. 201 c 0
TRACT Ii:
A TRACT Or LAND CONTAINING 0.4218 ACRE (18,374 SQUARE FEET), BEING
OUT OF LOT 29 OF WALCOT f'S PEARLAND SUBDIVISION, ACCORDING TO
THE MAP OR PLAT RECORDED IN VOLUME 35, PAGES 211 AND 242 OF THE
BRAZORIA COUNTY DEED RECORDS (B.C.D.R.). SAID 0.4218 ACRE TRACT
ALSO BEING PART OF A CERTAIN CALLED 74.986 ACRE TRACT RECORDED
IN BRAZORIA COUNTY CLERK'S FILE NUMBER (B,C.C,F. NO.) 94- 040206 AND
BEING MORE PARTICULARLY DESCRI13ED BY METES AND BOUNDS AS
FOLLOWS:
(BEaAR1NGS ARE BASED IN B.C.C.F. NO. 2002-016842)
BEGINNING at an iron rod set in the recognized southeasterly line of said Lot 29
marking the easterly comer of the herein described tract, said corner also being at a point
on a curve in the southwesterly right -of -way (R.O.W.) line of Pearland Parkway (A,K,A,
Mchard Road) and being the northerly corner of Reserve "A" of the Final Plat of The
Lakes at Highland Glen, Section 4, according to the Map of Plat recorded in Volume 23,
Page 331 of the Brazoria County Plat Records (B.C.P,R.);
THENCE S 41° 32' 17" W, along with the Tecoa ized southeasterly line of said Lot 29,
the southeasterly line of the herein described tract and the northwesterly line of said
Reserve "A" and Block I of said Final Plat of The Lakes at Highland Glen, Section 4, at
165.49 feet pass an iron rod found and continuing for a total distance of 205.04 feet to an
iron rod set marking the southerly corner of the herein described tract and an angle point'
of a certain called 5.630 acre tract recorded in B.C.C.F. No. 96- 040354;
THENCE N 02° 42' 00" W, along with the east line of said 5.630 acre Traci, a distance of
230.4$ feet to an iron rod set in the southwesterly R.O,W. line of aforesaid Pearland
Parkway marking the northerly corner of the herein described tract and the southerly
corner of a certain called 0.115 acre tract conveyed to the City of Pearland recorded in
B.C.C.F. No. 2002 416842, said corner also being aL a point on a curve to the righl,
THENCE in a Southeasterly direction, along with the southwesterly R,O.W. line of said
Pearland Parkway and the northeasterly line of the herein described tract, along with the
arc of said curve to the right having a radius of 1,002.00 feat, an arc length of 176.84 feet,
a central angle of 10° 06' 43" and a chord hearing and distance of S 56° 47' 32" E-
176.61 feet to the POINT OF BEGINNING containing 0.4218 acre of land.
EDILBERTO V, BARRIENTOS
Professional Land Surveyor, No, 5364
September 09, 2008
Job No. 08 -10284
Page 2 of 2
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AFFIDAVIT OF PUBL,
No. Date
Subscribe and sworn to before me this
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
Exhibit "C"
Publications
Ordinance No 2000M -74
7111 11V„6"
State, cif Texas
Brazoria and Harris Counties
1, 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 Date /O
No, Date 20
No, Date
2o
No. Date
_20
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day of
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LAUtFt0 A,Ry y IC
STATE. C)
my con'nnlsaion G
aura Ann Emmons, Publisher
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November 16, 2010
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2010.082
Honorable Mayor and City Council Members:
At their meeting of November 15, 2010, the Planning and Zoning Commission
considered the following:
Sincerely,
Exhibit "D"
P &Z Recommendation Letter
Ordinance No. 2000M -74
Planhillg Zo Concession
Recommendation Letter
A request of The City of Pearland, applicant and owner, for ,approval of a zone
change from the Single Family Residential {R -1) zone, to Office Professional
(OP) zone, on the following described property
LEGAL DESCRIPTION: 0.4218 acre, being out of Lot 29 of Walcott's
Pearland Subdivision, according to the map or plat recorded in Volurne 35,
Pages 241 and 242 of the Brazorla County Deed Records. Said 0.4218 acre
tract also being part of a certain called 74.9986 acre tract recorded in Brazoria
County Clerk's file number 94- 040206
General Location;. Southwest corner of MoHard and Pearland Pkwy
Pearland, Texas
Commission Member Darrell Diggs made a motion to approve the zone change. The
motion was seconded by Commission Member Richard Golden. The vote was 5.0.end
the motion passed. The zone change was recommended for approval.
Harold Ellis, Senior Planner
On behalf of the Planning and Zoning Commission
Page 1