Ord. 2000M-0107 2013-08-26 ORDINANCE NO. 2000M-107
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 100 FEET X 200 FEET OUT OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, OF THE H.T. &
B. RAILWAY SURVEY, ABSTRACT 239, BRAZORIA COUNTY, TEXAS.
(LOCATED AT 4606 WALNUT ST., PEARLAND, TX.) ZONE CHANGE 2013-
12Z, A REQUEST OF ERINN BROWN, APPLICANT, AND OWNER, FOR
APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL
— 2 (R-2) ZONE TO THE OFFICE PROFESSIONAL (OP) 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, Erinn Brown, 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 - 2 (R-2) 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 15th day of July, 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
WHEREAS, on the 15th day of July, 2013, the Planning and Zoning Commission
ORDINANCE NO. 2000M-107
of the City submitted its report and recommendation to the City Council regarding the
proposed zone change application of Erinn Brown, applicant and owner, whereby the
Commission recommended approval of the change of classification for the described
property from its existing classification of Single Family - 2 (R-2) 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 regular meeting(s) on the 12th day of August, 2013
and; 26th day of August 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 Erinn Brown, 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 - 2 (R-2)
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:
LEGAL DESCRIPTION: BEING A TRACT OF LAND 100 FEET X 200 FEET
OUT OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 11, OF THE H.T. & B. RAILWAY SURVEY, ABSTRACT 239,
BRAZORIA COUNTY, TEXAS.
Page 2 of 4
Ord. No 2000M-107
ORDINANCE NO. 2000M-107
GENERAL LOCATION: 4606 WALNUT ST., 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
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.
Page 3 of 4
Ord. No 2000M-107
ORDINANCE NO. 2000M-107
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 12th day of August,
2013.
.-r--2.i-k-i
TOM REID
MAYOR
ATTEST:
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th
day of August, 2013.
TOM REID
MAYOR
ATTEST: pp
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SEC' ETARY `= ) /t '
APP OVED AS TO FORM:
DARR M. COKER
CITY ATTORNEY
Page 4 of 4
Ord. No 2000M-107
Ordinance No. 2000M-107
Exhibit "A"
ZONE CHANGE APPLICATION Page 1 of 4 Updated October 2012
City of Pearland
Community Development
APPLICATION FOR 3523 Liberty Drive
�\in A CHANGE IN ZONING PeaandTexs77581
' SAAB 281-652-1768
1r'�r rMF,
281-652-1702 fax
www.cityofpearland.com
Current Zoning District:
Proposed Zoning District: C>
Property Information:
Address or General Location of Property: tf(cO( I rltki rick ITk
Tax Account No.
Subdivision: Lot: Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME 'L ' n rn rc»,.:;k1 NAME C,r ,n n r o v0i1
ADDRESS q fcOC i1<<1vlud St . ADDRESS -3-9-10. grciolt��c�'t cf Sic . /�a
CITY eu t.(41-vi STATE T'X ZIP -77c$1 CITY—Pecrto.ncf STATE TX )ZIP 7? Y/
PHONE( c&86 ) 4hi — 3S c3s{ PHONE( *MI ) i a - 3s amt
FAX( I ) 4 ) - - FAX( all( ) Li/a, - 03 J.
E-MAIL ADDRESS -Q,r,nn` hrr\q,4brn,( 0YY\ E-MAIL ADDRESS -CY r'�r�F�`v bryv� fry^t)e�,r,cI't
`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 Pearlarrd:----.�
Owner's Signature: ■■L Date: S a3-
Agent's/Applicant's __-
Signature: _ - Date: 5 cTh- 1
OFFICE USE ONLY:
FEES —1 ce DATE PAID:, PAID c j o4.T BYCEIVED�� NUMBER ��
--++ Application No. 2On " �v�
BROWN AND MAHONEY, PC
7930 Broadway, Ste. 122 281.412.3529 P
Pearland, Texas 77581 281.412.0322 F
Erinn G. Brown Matthew W. Mahoney
May 24,2013
To Whom It May Concern:
I, Erinn Brown, hereby authorize Brian Costley, to apply for the rezoning, including any
necessary permits for the following address: 4606 W. Walnut St., Pearland, Texas 77581.
Should you have any questions or concerns, please do not hesitate to contact me. I can be
reached at my office number of: 281.412.3529 or my cell: 713.446.5164.
Very Truld
'nn BI
www.brownandrnahoney.com
BROWN AND MAHONEY, PC
7930 Broadway, Ste. 122 281.412.3529 P
Pearland, Texas 77581 281.412.0322 F
Erinn G. Brown Matthew W. Mahoney
May 24, 2013
To Whom It May Concern:
Please allow this correspondence to serve as my Letter of Intent with respect to the
proposed zoning change for the property located at: 4606 W. Walnut St.. Pearland, Texas 77581.
Currently, the property is zoned residential. It is my intention to relocate my law office
into this building. upon the zoning change being approved. I am requesting that above address
be re-zoned to"OP."or Office Professional.
Very Truly Yours,
rown
www.brownandmahoney.com
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JOB NO: 552.13
ZONE CHANGE APPLICATION Page 4 of 4 Updated October 2012)
POSTING OF ZONING NOTIFICATION SIGNS
ON PROPERTY UNDER CONSIDERATION
FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT)
Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP),
or a variance shall be required to erect and maintain a sign(s), to be inspected by the City,
upon the property for which a variance or zoning change has been requested.
Such sign(s) shall be located as follows:
(1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting
street, or as determined by the City.
(2) So as to be clearly visible and readable from the public right-of-way and not
obstructed in any manner.
(3) So as not to create a hazard to traffic on the public rights-of-way abutting the property.
(4) On the subject property at least ten (10) days prior to the hearing of such zoning
change request by the Planning and Zoning Commission, and to remain continuously
on said property until final action by the City Council or withdrawal of the case by the
applicant. Removal of the sign by the applicant prior to a recommendation by the
Planning and Zoning Commission and/or a final decision by the City Council shall
constitute a withdrawal of the request.
(5) The signs shall be as follows:
• A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4 feet
• At least 2 feet above the ground
• Blue or black lettering that is a minimum of 3 inches by 1/2 inch, on a white
background
• Message content as follows:
PROPOSED (SPECIFY REQUEST)
Contact City of Pearland
281-652-1768
*Signs must be professionally made; handwritten signs are not allowed.
*Signs must be freestanding and cannot be attached to a tree, fence, or
building.
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
Ordinance No. 2000M-107
State of Texas Exhibit C
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. l Date -2 20 ._ _
No. Date _ _ 20
No. Date 20
No. Date --- 20
No. - Date 20
Jv .fg,nl *-&J
CFO
Subscribe and sworn to before me this '7 day of
20J
LAURA ANN EMMONS
NOTARY PUBLIC
STATE OF TEXAS 4&A4.4& /
w'r. Poly Commission Explms 09-09-2014 Laura Ann E
mmons, Publisher
Notary Public, State of Texas
eve 2oD M- IN
loot .20t
3
Published June 26,
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
APPLICATION
NO.2013.12Z
Notice is hereby given
that on July 15,2013 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 Erinn Brown,
applicant and owner,for
approval of a zone
change from the Single
Family Residential(R-2)
zone to the Office
Professional(OP)zone,
on property located
4606 Walnut St., more
specifically described
below:
Being a tract of land
100 feet X 200 feet out
of the Northwest
Quarter of the
Northwest Quarter of
Section 11,of the H.T.
& B. Railway Survey,
Abstract 239, Brazoria
County,Texas.
General location:
4606 Walnut St.
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
rtt
Ordinance No. 2000M-107
Exhibit"De'
Planning & Zoning Commission
Recommendation Letter
July 16, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2013-12Z
Honorable Mayor and City Council Members:
At their meeting on July 15, 2013, the Planning and Zoning Commission considered the
following:
A request of Erinn Brown, applicant and owner, for approval of a zone change
from the Single Family Residential - 2 (R-2) zone to the Office Professional (OP)
zone on the following described property:
LEGAL DESCRIPTION:
Being a tract of land 100 feet X 200 feet out of the Northwest Quarter of the
Northwest Quarter of Section 11 , of the H.T. & B. Railway Survey, Abstract 239,
Brazoria County, Texas.
GENERAL LOCATION:
4606 Walnut St., Pearland, TX
Following staff presentation, Commissioner Daniel Tunstall made the motion to
approve, and Commissioner Mary Starr seconded. The vote was 6-0 and the motion
passed.
Sincerely,
Ian Clowes, Planner II
On behalf of the Planning and Zoning Commission