Ord. 2000M-0084 2012-02-27 ORDINANCE NO. 2000M-84
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
20.992 ACRE TRACT IN THE W.D.C. HALL SURVEY, ABSTRACT NO. 70 IN
THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. SAID 20.992 IS A
PART OF A 36.685 ACRE TRACT DESCRIBED IN A DEED TO T & R REALTY
INVESTMENT, LLC AS RECORDED IN CLERK'S FILE NO. 2011028636.
(LOCATED AT 2411 E. BROADWAY, PEARLAND, TEXAS), ZONE CHANGE
2012-02Z, A REQUEST OF J. KENT MARSH, APPLICANT, ON BEHALF OF
TOM ALEXANDER, JR., OWNER, FOR APPROVAL OF A ZONE CHANGE
FROM THE GENERAL BUSINESS (GB) ZONE, TO SINGLE-FAMILY
RESIDENTIAL-3 (R-3) ZONE, 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, J. Kent Marsh, applicant, on behalf of Tom Alexander, Jr. 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 General Business (GB) to
Single-Family Residential-3 (R-3); 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 16th day of January, 2012, 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. 2000M-84
WHEREAS, on the 16th day of January, 2012, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed zone change application of J. Kent Marsh, applicant, on behalf
of Tom Alexander, Jr., owner, whereby the Commission recommended approval of the
change of classification for the described property from its existing classification of
General Business (GB) to Single-Family Residential-3 (R-3), 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 regular meeting(s) on the 13th day of February,
2012 and; 27th day of February 2012; 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 J. Kent Marsh, applicant, on behalf of Tom Alexander, Jr., 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 General Business
(GB) to Single-Family Residential-3 (R-3), 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 4
Ord No 2000M-84
ORDINANCE NO. 2000M-84
20.992 acre tract in the W.D.C. Hall Survey, Abstract No. 70 in
the City of Pearland, Brazoria County, Texas. Said 20.992 is a part of a 36.685
acre tract described in a deed to T & R Realty investment, LLC as recorded in
Clerk's File No. 2011028636
Generally located at 2411 E. Broadway, 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 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 4
Ord No 2000M-84
ORDINANCE NO. 2000M-84
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 13th day of
February, 2012. C
1
TOM REID
MAYOR
ATTEST:
/ 4�ARLq;�;O,'
ING /1F: I G "41'C
coT Y S''' RETARY ` " !ci,:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of February, 2012.
Owl 7-2"
TOM REID
MAYOR
ATTEST:
sue,`
Y� NG �T -M.
Y S ft'ETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-84
EXHIBIT"A"
Application
Ordinance No. 2000M-84
ZONE CHANGE APPLICATION Page 1 of 5 Updated June 2010;
City of Pearland
unity APPLICATION FOR Comm
35 3 Liberty Drive
t
A CHANGE I N ZONING (Community Center)
Pearland,Texas 77581
',1l� 281-652-1768
281-652-1702 fax
www.cityofpearland corn
Current Zoning District: GB, General Business Retail District
Proposed Zoning District: R-3, Single Family Residential-3 District
Property Information:
Address or Genera! Location of Property: Tract 7A (PT) in the W.D.C. Hall Survey,
A-70, Brazoria County, TX; 2411 E. Broadway St.
Tax Account No. 155200 (Geo ID 0070-0028-000)
Subdivision: N/A Lot: N/A Block: N/A
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
Mr. Torn Alexander, Jr. at Mr. J. Kent Marsh at
NAME T&R Realty Investments, LLC NAME Marsh Darcy Partners, Inc.
ADDRESS 2411 Park Avenue ADDRESS 8955 Katy Freeway, Suite 215
CITY Pearland STATE TX ZIP 77581 CITY Houston STATE TX ZIP 77024
PHONE( 281 ) 485-2455 PHONE( 713 ) 647-9880
FAX( 281 ) 485-2456 FAX( 713 .) 647--6448
E-MAIL ADDRESS Tcmpa58121 @aol.corn E-MAIL ADDRESS
kmarsh@rnarshdarcypar triers.corn
'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.
Owner's Signature: _ -7:4-7-72.-- / t ;✓ l .- Date_ -_9- //
Agent's/Applicant's
Signature:. i� ��� — Date: /2 •/4' If
OFFICE USE ONLY!
FEES I DATE I RECEIVED RECEIPT
PAID _ PAID: l BY: NUMBER:
Anolication No.
EXHIBIT"B"
Location Map
Ordinance No.2000M-84
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EXHIBIT"C"
AFFIDAVIT OF PUBLICATION Publications
Ordinance No.2000M-84
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. / Date 4iC . .2$
20
No. Date 20
No. Date 20
No. Date 20
No. Date 20
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Subscribe and sworn to before me this ;9 day of ica,
20 it
i(14))LAURA ANN EMMONS NOTARY PUBLIC
STATE OF TEXAS
c« My Commission Ex"".°949-20"09.09-2014 /
Laura Ann Emmons, Publisher
Notary Public, State of Texas
LEGALS
i I
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,
at the request of J. Kent
Marsh, applicant, on
behalf of Tom Alexander,
Jr., owner, for approval Published Dec.28,2011
of a zone change from
the General Business NOTICE OF A JOINT
(GB) zone to Single PUBLIC HEARING OF
Family Residential-3(R- THE CITY COUNCIL
3)zone for 20.992 acres, AND THE PLANNING
more specifically AND ZONING COMMIS-
described as SION OF THE CITY OF
20.992 acre tract in the PEARLAND,TEXAS
W.D.C. Hall Survey, CHANGE
CHAE
Abstract No. 70 in the ZONE APPLICATION NG
City of Pearland,
NO.2012-02Z
Brazoria County, Texas.
Said 20.992 is a part of a Notice is hereby given
36.685 acre tract that on January 16,
described in a deed to T 2012, at 6:30 p.m., the
& R Realty investment, City Council and
LLC as recorded in Planning and Zoning
Clerk's File No.
2011028636.
General Location:
2411 E. Broadway,
Pearland,TX
At said hearing,all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject. For addi-
tional information,
please contact the
Planning Department at
281-652-1768.
EXHIBIT"D"
i P&Z Recommendation Letter
, C .: Ordinance No. 2000M-84
. t. x ij* i;,
Plannin g & Zoning Commission
Recommendation Letter
January 18, 2012
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2012-02Z
Honorable Mayor and City Council Members:
At their meeting on January 16, 2012, the Planning and Zoning Commission considered the
following:
A request of J. Kent Marsh, applicant, on behalf of Tom Alexander, Jr., owner, for
approval of a zone change from the General Business (GB) zone to Single-
Family Residential-3 (R-3) zone for 20.992 acres on the following described
property:
LEGAL DESCRIPTION: 20.992 acre tract in the W.D.C. Hall Survey, Abstract
No. 70 in the City of Pearland, Brazoria County, Texas. Said 20.992 is a part of
a 36.685 acre tract described in a deed to T & R Realty investment, LLC as
recorded in Clerk's File No. 2011028636
GENERAL LOCATION: 2411 E. Broadway, Pearland, TX
There was discussion regarding access to the property, densities being proposed, drainage
district regulations, and county jurisdictional boundaries. Following this discussion,
Commissioner Phil Cessac made a motion to approve the zone change. The motion was
seconded by Commissioner Richard Golden. The vote was 6-0 and the motion passed.
Sincerely,
r
Harold Ellis, Senior Planner
On behalf of the Planning and Zoning Commission