Ord. 2000M-0120 2014-10-27 ORDINANCE NO. 2000M-120
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 being known as Lot 15 of Darlinda Addition, a subdivision in Brazoria
County Texas as recorded in Volume 7, Page 20 of the plat records of said
Brazoria County, and being the same tract of land as described in deed to
Ernesto Perez and Eveyln Pineda under Clerk's File Number 2006042620 of the
real property records of said Brazoria County, Texas located at 4602 Broadway
Street, Pearland, TX, Zone Change 2014-6Z; 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 0.21 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 0.21 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 15th day of September, 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 16th day of September, 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 0.21 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 13th day of October 2014
and the 27th day of October 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 0.21 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 being known as Lot 15 of Darlinda Addition, a subdivision in
Brazoria County Texas as recorded in Volume 7, Page 20 of the Plat Records of
said Brazoria County, and being the same tract of land as described in deed to
Ernesto Perez and Evelyn Pineda under Clerk's File Number 2006042620 of the
Real Property Records of said BrazoriaCounty, Texas, Brazoria County, Texas
GENERAL LOCATION: 4602 Broadway Street, Pearland, TX
Page 2 of 9
Ord. No. 2000M-120
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-120
PASSED, APPROVED, and ADOPTED on First Reading this 13h day of October,
2014.
--===;;IYl
TOM REID
MAYOR
ATTEST:
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JUNG • 'FING, �" ="•. /\ �-
TY S'4RETARY •
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of October, 2014.
vYj�I
TOM REID
MAYOR
ATTEST:
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UNG aR N , T C =� /\ �
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Y S.f RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 9
Ord. No. 2000M-120
Ordinance No. 2000M-120
Exhibit "A"
Exhibit A
Legal Description
Being a tract of land being known as Lot 15 of Darlinda Addition, a subdivision in
Brazoria County Texas as recorded in Volume 7, Page 20 of the Plat Records of
said Brazoria County, and being the same tract of land as described in deed to
Ernesto Perez and Evelyn Pineda under Clerk's File Number 2006042620 of the
Real Property Records of said Brazoria County, Texas
Page 5 of 9
Ord. No. 2000M-120
Ordinance No. 2000M-120
Exhibit "B"
Exhibit B
Location Map
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Page 6 of 9
Ord. No. 2000M-120
Ordinance No. 2000M-120
Exhibit "C"
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.
ublisher's Representative
r
Sworn o and subscribed before me this I, d day of 1..1 e/tom , 2014.
. ,1 cf . . /
Notary blic
My commission expires on / � ✓G
�prv�'
.�;> ' LUCILLE GUERRA
��° ��'1 Notary Public,State of Texas
°..c My Commission Expires
s''%'FOF, January 18, 2016
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: 2014-06Z
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 0.21 acres of land,
more specifically described as:
A tract of land being known as Lot 15 of Darlinda Addition,
a subdivision in Brazoria County Texas as recorded in
Volume 7, Page 20 of the Plat Records of said Brazoria
County, and being the same tract of land as described in
deed to Ernesto Perez and Evelyn Pineda under Clerk;s
File Number 2006042620 of the Real Property Records of
said Brazoria County.
General Location: South side of Broadway Street, and ap-
proximately 100 feet from the intersection of Broadway
Street and Ray 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
Exhibit C
Legal Ad
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: 2014-6Z
Notice is hereby given that on September 15, 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 hearing 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 zoning from Single Family
Residential 2 (R-2) to Office and Professional (OP) on approximately
0.21 acres of land, more specifically described as:
A tract of lard being known as Lot 15 of Darlinda Addition, a
subdivision in Brazoria County Texas as recorded in Volume 7,
Page 20 of the Plat Records of said Brazoria County, and being
the same tract of lard as described in deed to Ernesto Perez and
Evelyn Pineda under Clerks File Number 2006042620 of the Real
Property Records of said Brazoria County.
General Location:South side of Broadway Street,and approximately
100 feet east of the intersection of Broadway Street and Ray Street,
Pearland, Ti(
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 281-652-1 765.
Johnna Matthews
City Planner
Page 7 of 9
Ord. No. 2000M-120
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 August 28, 2014.
Representative
•aublisherls
Sworn to and subscribed before me this :..2 day of -0—eih 'ie-- 014.
M"(/7-1(--/M—)` ' 'Lie.--
Notary Public
My commission expires on
r " MARILYN2ArHA7E
": ,N MY COmMiSWN EXPIHEs
September?,7,2014
Ordinance No. 2000M-120
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Qt
4.‘
lsr. s 06
Plannin g Zoning& Commission
Recommendation Letter
September 16, 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 2014-06Z
Honorable Mayor and City Council Members:
At their regular meeting on September 15, 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 0.21 acres of land, on the following described property:
LEGAL DESCRIPTION: A tract of land being known as Lot 15 of Darlinda
Addition, a subdivision in Brazoria County Texas as recorded in Volume 7, Page
20 of the Plat Records of said Brazoria County, and being the same tract of land
as described in deed to Ernesto Perez and Evelyn Pineda under Clerk;s File
Number 2006042620 of the Real Property Records of said Brazoria County,
Texas.
GENERAL LOCATION: 4602 Broadway St. Pearland, TX
Page 8 of 9
Ord. No. 2000M-120
P&Z Commissioner Elizabeth McLane made a motion to approve the Zone Change
request. The motion was seconded by P&Z Commissioner Derrick Reed. The vote was
6-0 and the motion passed.
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 9
Ord. No. 2000M-120