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HomeMy WebLinkAboutOrd. 2000M-0100 2013-03-25ORDINANCE NO. 2000M-100
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 9.930
ACRES OF LAND, LOTS 30-30A, OF THE ALLISON — RICHEY GULF COAST
HOME COMPANY SUBDIVISION OF SECTION 20, OF THE H.T. & B.
RAILROAD COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY,
TEXAS. (LOCATED AT 8809 BROADWAY, PEARLAND, TX), ZONE CHANGE
2013-04Z, A REQUEST OF LISA MARINO, APPLICANT AND THE OLD PLACE
INC., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE
NEIGHBORHOOD SERVICE (NS) ZONE TO THE 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, Lisa Marino, applicant and The Old Place Inc., 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 Neighborhood Service (NS) 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 18th day of February, 2013, 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-100
WHEREAS, on the 18th day of February, 2013, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed zone change application of Lisa Marino, applicant and The Old
Place Inc., owner, whereby the Commission recommended approval of the change of
classification for the described property from its existing classification of Neighborhood
Service (NS) 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 11th day of March, 2013
and; 25th day of March 2013; 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 Lisa Marino, applicant and The Old Place Inc., 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 Neighborhood Service
(NS) 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-100
ORDINANCE NO. 2000M-100
LEGAL DESCRIPTION: BEING 9.930 ACRES OF LAND, LOTS 30-30A, OF
THE ALLISON — RICHEY GULF COAST HOME COMPANY SUBDIVISION OF
SECTION 20, OF THE H.T. & B. RAILROAD COMPANY SURVEY, ABSTRACT
506, BRAZORIA COUNTY, TEXAS
GENERAL LOCATION: 8809 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.
Section VI. The City Secretary is hereby directed to cause to be prepared an
Page 3 of 4
Ord No 2000M-100
ORDINANCE NO. 2000M-100
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 11th day of March,
2013.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th
day of March, 2013.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 4 of 4
Ord No 2000M-100
EXHIBIT "A"
Application
Ordinance No. 2000M-100
CHAr+GE APPflO ! Page 1 of 4 Updated October 2012
City of Pearland
C©rnmuniry uevelopment
3523 Liberty Drive
(CGrr unity Center)
Peariand, Texas 77581
221-352-17&
281-552-1702 fax
APPLICATION FOR
A CHANGE IN ZONING
Cur rentZoning District:
Proposed Zoning District:
i rope y information:
P18„8 yd88: ;35 ui88C
y
i/ 9 T I Q
t1'
U VV 1 -'
2,
Tax ticcourn No.
Sutxliv;suDr'1:
Lot:
A comp l to epplication must include alb information
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME
ADDRESS
,1
CITY
psis
FAX( 75!
E-MAIL ADORE'
STATE / ( ZIP {
'Property owner must be the
As owner and applicant,
by UIC Unified Dee
owners Signature,
Aaent's/Applican
Sicnature:'
current owner cf the
,.I hereby request
1 ijCi ii Ls#ltiti "1Ji U
prope
Block:
APPLICAN T AGENT 1 FOR TION:
cry. the
ADDRESS
r,
CITY Ittnrt
FAX(
E-MAIL ADDRESS
the tirl
STATE -r-x, ziP
submittal of the €ppiicatlon, and not the party
the above described request as provided for
Date
s , DATE
'Gtry
EXHIBIT "B"
Location Map
Ordinance No. 2000M-100
Vicinity & Zoning Map
Zone Change 2013-04Z
8809 Broadway
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
and represents only the approximate relative
ocation of property boundaries.
SUNDOWN DR
PUD
\\\\\\\\\\\\\\\\\\\\
BROADWAY ST
"\\
0 75 150 300 Feet
111111111
EXHIBIT "D"
P & Z Recommendation Letter
Ordinance No. 2000M-100
Planning & Zoning Commission
Recommendation Letter
February 27, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2013-04Z
Honorable Mayor and City Council Members:
At their meeting on February 18, 2013, the Planning and Zoning Commission
considered the following:
A request of Lisa Marino, applicant and The Old Place Inc., owner, for approval
of a zone change from the Neighborhood Service (NS) zone to the General
Business (GB) zone for 9.930 acres on the following described property:
LEGAL DESCRIPTION:
Being 9.930 acres of land, Lots 30-30A, of the Allison — Richey
Gulf Coast Home Company Subdivision of Section 20, of the H.T. & B. Railroad
Company Survey, Abstract 506, Brazoria County, Texas
GENERAL LOCATION:
8809 Broadway, Pearland, TX
Following staff presentation, Commissioner Linda Cowles made a motion to approve
the zone change. The motion was seconded by Commissioner Neil West. The vote
was 6-0 and the motion passed.
Sincerely,
Harold Ellis, City Planner
On behalf of the Planning and Zoning Commission
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
Ordinance No. 2000M-100
Exhibit "C"
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 20 /3
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this 30
20/3
day of
CFO
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 30, 2013
NOTICE OF A JOINT
LEGALS
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
ZONE CHANGE APPLI-
CATION NO. 2013.04Z
Notice is hereby given
that on February 18,
2013 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 Lisa
Marino, applicant and
The Old Place Inc.,
owner, for approval of a
zone change from the
Neighborhood Service
(NS) zone to the
General Business (GB)
zone, on property locat-
ed at 8809 Broadway,
more specifically de-
scribed below:
Being 9.930 acres of
land, Lots 30.30A, of the
Allison — Richey Gulf
Coast Home Company
Subdivision of Section
20, of the H.T. & B.
Railroad Company Sur-
vey, Abstract 506,
Brazoria County, Texas.
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
281-652-1765.
Harold Ellis
City Planner
AFFIDAVIT OF PUBLICATION
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
Ga!vest-on Counties, for / issues, as follows:
No. / Date /- 20 20 /3
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20 /3
1-U
CFO
day o
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 30, 2013
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 APPLI-
CATION NO. 2013.05Z
Notice is hereby given
that on February 18,
2013 at 6:30 p.m., the
City Council and
Planning and Zoning
Commission of the City
of Pearland, in Brazoria,
LEGALS
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 Christy
Smidt (Kerry G. Gilbert &
Assoc.), applicant and
Beeman E. Strong (for
the Settegast Family),
owner, for approval of a
zone change from the
Planned Development
(PD) zone to the
General Business (GB)
zone, on property locat-
ed north of Broadway on
Pearland Pkwy, more
specifically described
below:
Being a 31.3165 acre
(1,364,147 square foot)
tract of land situated in
the Thomas J. Green
Survey, Abstract Num-
ber 198 in Brazoria
County, Texas, and
being out of and a part of
the called 118.775 acre
tract of land described in
deed to Marion E.
Settegast, et al as
recorded in Volume
1421, Page 25 of the
Brazoria County Deed
Records, said 31.3165
acre tract of land.
General location:
Approximately 700'
North of Broadway on
Pearland Pkwy
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
281-652-1765.
Harold Ellis
City Planner