Ord. 2000M-0083 2012-02-27 ORDINANCE NO. 2000M-83
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
BOUNDARY SURVEY 188' X 523.9', WEST 1/2 OF LOT 48, ALLISON RICHEY
GULF COAST HOME COMPANY SURVEY, SECTION 19, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS.
(LOCATED AT 8013 W. BROADWAY, PEARLAND, TEXAS), ZONE CHANGE
2012-01Z, A REQUEST OF SHERRY L. STOCKWELL-TARRER, APPLICANT,
ON BEHALF OF EMIL J. HRBACEK, OWNER, FOR APPROVAL OF A ZONE
CHANGE FROM THE SINGLE-FAMILY RESIDENTIAL-1 (R-1) ZONE TO
GENERAL BUSINESS (GB) 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, Sherry L. Stockwell-Tarrer, applicant, on behalf of Emil J. Hrbacek,
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 General Business (GB); 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-83
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 Sherry L. Stockwell-Tarrer,
applicant, on behalf of Emil J. Hrbacek, 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 General Business (GB), 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 Sherry L. Stockwell-Tarrer, applicant, on behalf of Emil J. Hrbacek,
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 General Business (GB), 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-83
ORDINANCE NO. 2000M-83
Boundary Survey 188' X 523.9', West 1/2 of lot 48, Allison
Richey Gulf Coast Home Company Survey, Section 19, H.T. & B.R.R. Company
Survey, Abstract 243, Brazoria County, Texas
General Location: 8013 W. 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-83
ORDINANCE NO. 2000M-83
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.
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TOM REID
MAYOR
ATTEST:
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Y SE 'RETARY .v. �+
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of February, 2012.
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TOM REID
MAYOR
ATTEST:
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APP VEDAS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-83
EXHIBIT"A"
Application
Ordinance No. 2000M-83 tVe
City of Pearland
ri;-■
APPLI CATION FOR Community Development
<4< 3523 Liberty Drive
Aight■`:;\.
mums A CHANGE IN ZONING Pe (Community Center)
arland, Texas 77581
s s 281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
Please check one: & 1-2,-
em L. 19'uS iv e 5,5
VI Change in Zoning Classification from: 'WS/D6/./TiA-l- to:
(list current zoning) (list proposed zoning)
I Specific Use Permit Request for :
(list proposed use)
Property Information:
Fc-)
Address: B+41-4)A 1= 44..b4 `f
Subdivision: H B Lot: 4-eA i. Block:
Tax I.D. Number: 02.43-00 I 00cD
** For unplatted property, attach a copy of the metes and bounds description"
Current use of property
(type of structures on property): ge.SIDENC
Future/proposed use of property and reason for zone change: 7- SELL
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME gt.11 L Y. NAME G.,e.--(0-1 L kl-oe(/-1-aY -i-
ADDRESS g•-?-13- . . IZIDADWA, ADDRESS
CITY 176.Arz L AN A STATE 7)( ZIP 77581 CITY STATE ZIP
PHONE( 20 ) '/B5 -957 e PHONE(ala ) 1-436,
FAX( ) FAX(
E-MAIL ADDRESS /vciiif E-MAIL ADDRESS
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature: Date: cr- / 9— I
Agent's Signature: . „ft_ Date: 7%/2'1 / 62 /
OFFICE USE ONLY: FEES PAID: DATE PAID:
RECEIVED BY: APPLICATION NO.
EXHIBIT"B"
Location Map
Ordinance No. 2000M-83
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P-01 .� -- Zoning & Vicinity Map
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This product is for information purposes and
may not have been prepared for or be suitabl:
for legal,engineering,or surveying purposes.
It does not represent an on-the-ground survey
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EXHIBIT"C"
AFFIDAVIT OF PUBLICATION Publications
Ordinance No.2000M-83
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 be . .2$
20
No. Date 20
No. Date 20
No. Date 20
No. Date 20
CFO
Subscribe and sworn to before me this ;4/ day of ke_.
20 ((
LAURA ANN EMMONS
40
NAY PUBLIC
STAOTTE
NOTARY TEXAS /
4I.i ,. ���err
�'Commisebn 0909-2614 � �e . //.
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Dec.28,2011
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COMMIS-
SION OF THE CITY OF
PEARLAND,TEXAS
ZONE CHANGE
APPLICATION
NO.2012-01Z
Notice is hereby given
that on January 16,
2012, 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,
at the request of Sherry
L.Stockwell-Tarrer,app-
licant, on behalf of Emil
J. Hrbacek, owner, for
approval of a zone
change from the Single-
Family Residential-1
(R-1) zone to General
Business (GB) zone for
2.261 acres, more
specifically described as:
Boundary Survey 188'X
523.9', West 1/2 of lot
48, Allison Richey Gulf
Coast Home Company
Survey, Section 19, H.T.
& B.R.R. Company
Survey, Abstract 243,
Brazoria County,Texas
General Location:
8013 W. 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"
P&Z Recommendation Letter
►'!'- Ordinance No. 2000M-83
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 2012-01Z
Honorable Mayor and City Council Members:
At their meeting on January 16, 2012, the Planning and Zoning Commission considered the
following:
A request of Sherry L. Stockwell-Tarrer, applicant, on behalf of Emil J. Hrbacek,
owner, for approval of a zone change from the Single-Family Residential-1 (R-1)
zone to General Business (GB) zone for 2.261 acres on the following described
property:
LEGAL DESCRIPTION: Boundary Survey 188' X 523.9', West 1/2 of lot 48,
Allison Richey Gulf Coast Home Company Survey, Section 19, H.T. & B.R.R.
Company Survey, Abstract 243, Brazoria County, Texas
GENERAL LOCATION: 8013 W. Broadway, Pearland, TX
There was discussion regarding future potential uses for the property, residential adjacency,
future land use plan compliance, and abutter notifications. Following this discussion,
Commissioner Henry Fuertes 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,
/ , , /
Harold Ellis, Senior Planner
On behalf of the Planning and Zoning Commission