Ord. 2000M-0124 2014-11-24Ordinance No. 2000M-124
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 Tract No. 26
of Westchester Estates, according to the Jack C. McKnight Survey thereof dated
April 6, 1962, a partition in the H.T. & B. Railroad Survey, Abstract 242, Brazoria
County. Texas, located at 2701 Westchester Circle, Zone Change 2014-17Z, a
request of Sergio Guzman. owner/applicant; for approval of a change in zoning
from Single Family Residential -1 (R-1) to General Business (GB) on
approximately 0.90 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, Sergio Guzman, owner/applicant; is requesting approval of a
change in zoning from Single Family Residential 1 (R-1) to General Business (GB) on
approximately 0.90 acres of land; said property being legally described in the legal
description 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 20th day of October, 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 20th day of October, 2014, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed zone change application of Sergio Guzman, owner/applicant; for approval of a
change in zoning from Single Family Residential 1 (R-1) to General Business (GB) on
approximately 0.90 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 1091 day of November
2014 and the 24th day of November 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 Sergio Guzman, owner/applicant; for approval of a change in
zoning from Single Family Residential 1 (R-1) to General Business (GB) on
approximately 0.90 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 classified as Single Family
Residential 1 (R-1), is hereby granted a change in zoning 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:
LEGAL DESCRIPTION: Tract No. 26 of Westchester Estates. according to the
Jack C. McKnight Survey thereof dated April 6, 1962, a partition in the H.T. & B.
Railroad Survey, Abstract 242, Brazoria County, Texas
GENERAL LOCATION: 2701 Westchester Circle, 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
Page 2 of 9
Ord. No 2000M-124
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-M 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 10th day of
Page 3 of 9
Ord. No 2000M-124
November, 2014.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of November, 2014.
ATTEST:
NG L
Y SE
FING, T,
ETARY
AP VEDA FIRM:
DARRIN M. COKER
CITY ATTORNEY
DE,
TOM REID
MAYOR
Page 4 of 9
Ord. No 2000M-124
Ordinance No. 2000M-124
Exhibit "A"
Exhibit A
Legal Description
Tract No. 26 of Westchester Estates, according to the Jack C. McKnight Survey thereof
dated April 6. 1962, a partition in the H.T. & B. Railroad Survey. Abstract 242, Brazoria
County, Texas
Page 5 of 9
Ord. No 2000M-124
Ordinance No. 2000M-124
Exhibit "B"
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Ordinance No. 2000M-124
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 October 2, 2014.
•
Publisher's Representative
Sworn to and subscribed before me this /1„, day of Nt9v'• , 2014.
Notary Public
My commission expires on
Z1 Thursday, October 2, 2014, Page 17A
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: 2014-17Z
Notice is hereby given that on October 20, 2014 at 6:30
p.m., the City Council and Planning and Zoning Commis-
sion 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 Sergio Guzman,
applicant and owner; for approval of a change in zoning
from the Single Family Residential — 1 (R-1) zoning district
to the General Business (GB) zoning district; on approxi-
mately .861 acres of land, to wit:
Being tract 26 of Westchester Estates, according to the
Jack C. McKnight Survey thereof, dated April 6, 1962, a
partition in the H.T.&B. Railroad Survey, Abstract 242, in
Brazoria County, Texas.
General Location: 2701 Broadway 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 De-
partment at 281-652-1765.
Ian Clowes
Senior Planner
Exhibit C
Legal Ad
NOTICE OF AJOINT PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: 2014-17Z
Notice is hereby given that on October 20, 2014 at 6:30
p; m.. the City Council and Planning anc Zoning Commis-
sion of the City of Pear -land, 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 o= Sergio Guzman,
applicant and owner; for approval of a change in zoning
(rurrr Uie Single Family Residential — 1 (R-1) curririy dislriut
to the General Business (GB) zoning district: on approxi-
mately .861 acres of land, to wit:
Being tract 26 of Westchester Estates, according to the
Jack C. McKnight Survey thereof, dated April 6, 1962, a
partition in the H.T.&B. Railroad Survey, Abstract 242, in
Brazoria County, Texas.
General Location: 2701 Broadway 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 contac the Planning De-
partment at 281-652-1765.
Ian Clowes
Sen or Planner
Page 7 of 9
Ord. No 2000M-124
Ordinance No. 2000M-124
Exhibit "D"
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
October 21, 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 2014-17Z, 2701 Westchester
Circle
Honorable Mayor and City Council Members:
At their meeting on October 20, 2014, the Planning and Zoning Commission considered
the following:
A request of Sergio Guzman, owner/applicant; for approval of a change in zoning
from Single Family Residential -1 (R-1) to General Business (GB) on
approximately 0.90 acres of land, to wit:
Legal Description: Tract No. 26 of Westchester Estates, according to the Jack
C. McKnight Survey thereof dated April 6, 1962, a partition in the H.T. & B.
Railroad Survey, Abstract 242, Brazoria County, Texas.
General Location: 2701 Westchester Circle, Pearland, TX
Commissioner Daniel Tunstall made a motion to recommend approval of the zone
change request located at 2701 Westchester Circle. The motion was seconded by
Commissioner Elizabeth McLane. The motion passed 5-0, with Chairman Henry
Fuertes, Vice Chair Daniel Tunstall, Commissioner Elizabeth McLane. Commissioner
Derrick Reed and Commission Mary Starr, all voting in favor of the requested zone
change.
Page 8 of 9
Ord. No 2000M-124
Sincerely,
Johnna Matthews
011,(
City Planner
On behalf of the Planning and Zoning Commission
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Ord. No 2000M-124