Ord. 2000M-0116 2014-07-28 Ordinance No. 2000M-116
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, being a tract of
land containing 0.4362 acres (19,000 square feet), situated in the H.T. & R.R.R.
Survey, Abstract No. 543, Brazoria County, Texas, being out of the H.C. Johnson
1.0 acre tract out of Lot 1 of a subdivision of Section 4 recorded in Volume 410,
Page 536 of the Deed Records of Brazoria County, Texas, Brazoria County,
Texas, (located at the northwest corner of Walnut Street and Johnson Street,
Pearland, TX), Zone Change 2014-08Z; a request of Evelyn Pineda,
owner/applicant; for approval of a change in zoning from Single Family
Residential 2 (R-2) to Office and Professional (OP) on approximately 0.44 acres
of land, providing for an amendment of the zoning district map; containing a
savings clause, a severability clause and an effective date and other
provisions related to the subject.
WHEREAS, Evelyn Pineda, owner/applicant; is seeking approval of a change in
zoning from Single Family Residential 2 (R-2) to Office and Professional (OP) on
approximately 0.44 acres of land; said property being legally described in the original
application for amendment attached hereto and made a part hereof for all purposes as
Exhibit "A" and more graphically depicted in the location map identified as Exhibit "B";
and
WHEREAS, on the 16th day of June, 2014, 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 17th day of June, 2014, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
zone change application of Evelyn Pineda, owner/applicant, for approval of a change in
zoning from Single Family Residential 2 (R-2) to Office and Professional (OP) on
approximately 0.44 acres of land, 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 meetings on the 14th day of July 2014 and
the 28th day of July 2014; 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 Evelyn Pineda, owner/applicant; for approval of a change in zoning
from Single Family Residential 2 (R-2) to Office and Professional (OP) on approximately
0.44 acres of land, 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 located within the Single Family
Residential 2 (R2) zoning district, is hereby granted a change in zoning to the Office
Professional (OP) zoning district, 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:
Being a tract of land containing 0.4362 acres (19,000 square feet), situated in the
H.T. & R.R.R. Survey, Abstract No. 543, Brazoria County, Texas, being out of the
H.C. Johnson 1.0 acre tract out of Lot 1 of a subdivision of Section 4 recorded in
Volume 410, Page 536 of the Deed Records of Brazoria County, Texas, Brazoria
County, Texas
Page 2 of 9
Ord. No. 2000M-116
GENERAL LOCATION: Northwest corner of Walnut Street and Johnson Street,
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. This Ordinance shall become effective after its passage and
approval on second and final reading.
Page 3 of 9
Ord. No. 2000M-116
PASSED, APPROVED, and ADOPTED on First Reading this 14h day of July,
2014.
TOM REID
MAYOR
ATTEST:
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Y•� NG .i, SING,- R C °•.
Y SE 7m ETA'
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th
day of July, 2014.
TOM REID
MAYOR
ATTEST:
_L.• ,I_ .S,
i ' y RETA',
AP ROVED ASTOFORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 9
Ord. No. 2000M-116
Exhibit A
Legal Description
Being a tract of land containing 0.4362 acres (19,000 square feet), situated in the
H.T. & R.R.R. Survey, Abstract No. 543, Brazoria County, Texas, being out of the
H.C. Johnson 1.0 acre tract out of Lot 1 of a subdivision of Section 4 recorded in
Volume 410, Page 536 of the Deed Records of Brazoria County, Texas, Brazoria
County, Texas
Page 5 of 9
Ord. No. 2000M-116
Exhibit B
Location Map
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Page 6 of 9
Ord No. 2000M-116
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEAPING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND. TEXAS
ZONE CHANGE APPLICATION NUMBER: 2014-8Z
Notice is hereby given that on June 16, 2014 at 6:30 p.m..
the City Council and Planning and Zoning Commission
of the City of Pear land, in Brazoria, Harris and Fort
Bend Counties, Texas, will conduct a joint public hear-
ing in the Council Chambers of City Hall, located at 3519
Liberty Drive. Pear land. Texas. at the request of Evelyn
Pineda, owner/applicant: for approval of a change in zon-
ing from Single Family Residential 2 (R-2) to Office and
Professional (OP) on approxirrately 0.44 acres of land,
more specifically described as:
Being a tract of land containing 0.4362 acres (19,000
square feet). situated in the H.T. & R.R.R. Survey,
Abstract No. 543. Brazoria County, Texas, being out of
the H.C. Johnson 1 .0 acre trac: out of Lot 1 of a cubdivi
sion of Section 4 recorded in Volume 410, Page 536 of
the Deed Records of Brazoria County, Texas, Brazoria
County. Texas
General Location: Northwest corner of Walnut Street and
Johnson Street. Pear land, TX
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject.
For additional information, please contact the Planning
Department at 281-652-1765.
Johnna Matthews
City Planner
Page 7 of 9
Ord. No. 2000M-116
Exhibit D
Planning and Zoning Commission Recommendation Letter
if
Plannin g & Zoning Commission
June 17, 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 2014-08Z
Honorable Mayor and City Council Members:
At their meeting on June 16, 2014, the Planning and Zoning Commission considered
the following:
A request of Evelyn Pineda, owner/applicant; for approval of a change in zoning
from Single Family Residential 2 (R-2) to Office and Professional (OP) on
approximately 0.44 acres of land, to wit:
Legal Description: Being a tract of land containing 0.4362 acres (19,000
square feet), situated in the H.T. & R.R.R. Survey, Abstract No. 543, Brazoria
County, Texas, being out of the H.C. Johnson 1.0 acre tract out of Lot 1 of a
subdivision of Section 4 recorded in Volume 410, Page 536 of the Deed Records
of Brazoria County, Texas, Brazoria County, Texas
General Location: Northwest corner of Walnut Street and Johnson Street,
Pearland, TX
After staff presentation and discussion, Planning and Zoning Commissioner Daniel
Tunstall made a motion to approve the zone change request. The motion was
seconded by Commissioner Derrick Reed. The motion passed 7/0.
Page 8 of 9
Ord. No. 2000M-116
Sincerely,
Johnna Matthews
City Planner
On behalf of the Planning and Zoning Commission
Page 9 of 9
Ord. No. 2000M-116
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria,State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of June 5, 2014.
Zat4U-OC.
ublisher's Representative
Sworn o and subscribed before me this d day of 3 C.Z./lam' , 2014.
Notary blic
My commission expires on /"` /:(9
•
e�P,Y'P'B4 LUCILLE GUERRA
R 4
', "= Notary Public,State of Texas
N:,/\r„? My Commission Expires
r' '�° January 18,2016
• Bay Area Citizen • Friendswood Journal • Pearland Journa(=` i
Page.16A,Thursday, June 5, 2014 Z1
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND,TEXAS
ZONE CHANGE APPLICATION NUMBER:2014-8Z
Notice is hereby given that on June 16,2014 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 hear-
ing in the Council Chambers.of City Hall, located at 3519
Liberty Drive, Pearland, Texas, at the request of Evelyn
Pineda, owner/applicant;for approval of a change in zon-
ing from Single Family Residential 2 (R-2) to Office and
Professional (OP) on approximately 0.44 acres of land,
more specifically described as:
Being a tract of land containing 0.4362 acres (19,000
square feet), situated in the H.T. & R.R.R. Survey,
Abstract No. 543, Brazoria County, Texas, being out of
the H.C. Johnson 1.0 acre tract out of Lot 1 of a subdivi-
sion of Section 4 recorded in Volume 410, Page 536 of
the Deed Records of Brazoria County, Texas, Brazoria
County,Texas
General Location: Northwest corner of Walnut Street and
Johnson Street, Pearland,TX
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject.
For additional information, please contact the Planning
Department at 281-652-1765.
. Johnna Matthews
City Planner