Ord. 2000M-0129 2015-01-26Ordinance No. 2000M-129
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 32.3 acres
of land out of called 14.0513 acres of land, said 14.135 being The East one half
(1/2) of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section
84, H.T.& B.R.R. Survey, Abstract No. 538, Brazoria County, Texas and being
the same land conveyed to B. Frank Wood by Jay C. Tulk by Deed dated April
11, 1955, Recorded in Volume 627, Page 278, Deed Records, Brazoria County,
Texas and; The West one half (1/2) of the Southeast Quarter (SE %) of the
Northeast Quarter (NE 1/4) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538,
called Tract No. 8, Brazoria County. Texas according to the recorded map or plat
therof appearing of record in the office of the County Clerk of Galveston County.
Texas and being the same land described from J.T. McMahan to R. D.
McMahan, dated October 27, 1964, recorded in Volume 895, Page 22, Deed
Records of Brazoria County, Texas and being that same 20 acres more or less,
conveyed to John T. McMahan by R.D. McMahan and wife, Eunice McMahan, by
Deed dated December 29, 1994, Filed of Record March 13, 2003, recorded
under Brazoria County Clerks File No. 03 015336. and; A 2.72 acre tract. being
the remainder of two (2) 1.5 acre tracts. recorded in Volume (87) 403, Page 70
[Tract 1] and Volume (87) 403, Page 73 [Tract 2], of the Official Records of
Brazoria County, Texas, out of the North 1/2 of the East 1/2 of the Southeast 1/4 of
the Northeast 1/4 of section 84, of the H.T.& B. Railroad Company Survey,
Abstract 538, Brazoria County, Texas. located West of County Road 48 and
2000 feet south of Broadway Street, Zone Change 2014-21Z, a request of Alan
Mueller, applicant; on behalf of Joe and Darlene Laney and John McMahan,
owners; for approval of a zoning designation of Single Family Residential - 1 (R-
1) on approximately 32.3 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, Alan Mueller, applicant: on behalf of Joe and Darlene Laney and
John McMahan, owners: is requesting approval of a zoning designation of Single Family
Residential - 1 (R-1) on approximately 32.3 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 15th day of December, 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 15th day of December, 2014, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed zone change application of Alan Mueller, applicant; on behalf of Joe and
Darlene Laney and John McMahan, owners; for approval of a zoning designation of
Single Family Residential - 1 (R-1) on approximately 32.3 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 12th day of January 2015
and the 26th day of January 2015; 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 Alan Mueller, applicant; on behalf of Joe and Darlene Laney and
John McMahan, owners; for approval of a zoning designation of Single Family
Residential- 1 (R-1) on approximately 32.3 acres of land, presented which, in the
judgment of the City Council, would justify the approval of said application; now,
therefore.
Page 2 of 10
Ord. No 2000M-129
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 Residential Estate
(RE) is hereby granted a change in zoning to Single Family Residential - 1 (R-1), 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: The East one half (1/2) of the Southeast Quarter (SE 1/4)
of the Northeast Quarter (NE 1/4) of Section 84, H.T.& B.R.R. Survey, Abstract
No. 538, Brazoria County. Texas and being the same land conveyed to B. Frank
Wood by Jay C. Tulk by Deed dated April 11, 1955, Recorded in Volume 627,
Page 278, Deed Records, Brazoria County, Texas and:
The West one half (1/2) of the Southeast Quarter (SE 1/4) of the Northeast
Quarter (NE 1/4) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538, called
Tract No. 8, Brazoria County, Texas according to the recorded map or plat therof
appearing of record in the office of the County Clerk of Galveston County. Texas
and being the same land described from J.T. McMahan to R. D. McMahan. dated
October 27, 1964. recorded in Volume 895, Page 22, Deed Records of Brazoria
County, Texas and being that same 20 acres more or less, conveyed to John T.
McMahan by R.D. McMahan and wife, Eunice McMahan, by Deed dated
December 29, 1994, Filed of Record March 13, 2003, recorded under Brazoria
County Clerks File No. 03 015336, and;
A 2.72 acre tract, being the remainder of two (2) 1.5 acre tracts, recorded in
Volume (87) 403, Page 70 [Tract 1 ] and Volume (87) 403. Page 73 [Tract 2]. of
the Official Records of Brazoria County, Texas, out of the North 1/2 of the East 1/2
of the Southeast 1/4 of the Northeast 1/4 of section 84, of the H.T.& B. Railroad
Company Survey, Abstract 538, Brazoria County, Texas
GENERAL LOCATION: West of County Road 48 and 2000 feet south of
Broadway 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
Page 3 of 10
Ord. No 2000M-129
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 12th day of
January, 2015
Page 4 of 10
Ord. No 2000M-129
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26"'
day of January. 2015.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 5 of 10
Ord. No 2000M-129
Ordinance No. 2000M-129
Exhibit "A"
Exhibit A
Legal Description
The East one half (1/2) of the Southeast Quarter (SE 'A) of the Northeast Quarter (NE
'/4) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538, Brazoria County, Texas and
being the same land conveyed to B. Frank Wood by Jay C. Tulk by Deed dated April 11,
1955, Recorded in Volume 627, Page 278, Deed Records, Brazoria County, Texas and;
The West one half (1/2) of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE
'/4) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538, called Tract No. 8, Brazoria
County, Texas according to the recorded map or plat therof appearing of record in the
office of the County Clerk of Galveston County, Texas and being the same land
described from J.T. McMahan to R. D. McMahan, dated October 27, 1964, recorded in
Volume 895, Page 22, Deed Records of Brazoria County, Texas and being that same
20 acres more or less, conveyed to John T. McMahan by R.D. McMahan and wife,
Eunice McMahan, by Deed dated December 29, 1994, Filed of Record March 13, 2003,
recorded under Brazoria County Clerks File No. 03 015336, and;
A 2.72 acre tract, being the remainder of two (2) 1.5 acre tracts, recorded in Volume
(87) 403, Page 70 [Tract 1] and Volume (87) 403, Page 73 [Tract 2], of the Official
Records of Brazoria County, Texas, out of the North 1/2 of the East 1/2 of the Southeast %
of the Northeast '/4 of section 84, of the H.T.& B. Railroad Company Survey, Abstract
538, Brazoria County, Texas
Page 6 of 10
Ord. No 2000M-129
Ordinance No. 2000M-129
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 2
AERIAL MAP
Zone Change 2014-21Z
West of CR 48
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Page 7 of 10
Ord. No 2000M-129
1
Ordinance No. 2000M-129
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 November 6, 2014.
blisher's Representative
Sworn to ansubscribed before me this •th day of kleto l l -r , 2014.
Notary Public
My commission expires on
/ —/cg p?U/�o
1
,,o::"'"�:• LUCILLE GUERRA
�: ��,:" Notary Public. State of Texas
r. " My Commission Expires
^;``•s January 18, 2016
�,vf 3-N4ENa•
dol yaIZ
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Bay Area Citizen • Friendswood Journal • Pearland Journal
Page 18A, Thursday, November 6, 2014
NOTICE OF A JOINT PUBLIC HEARING
OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ANNEXATION APPLICATION NUMBER: A2014-02
Notice is hereby given that on November 17, 2014 and
December 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 joint public hearings in the Council Chambers of
City Hall, located at 3519 Liberty Drive, Pearland, Texas,
at the request of
Alan Mueller, applicant; on behalf of John McMahan and
Joe Laney, owners; for the purpose of consideration of the
annexation of approximately 11.448 acres of land, to wit:
Tract 1: Being 2.726 acres of land located in the Northeast
Quarter of Section 84 H.T. & B.R.R. CO. Survey, Abstract
538, Brazoria County, Texas, more particularly being all
of that certain called 2.72 acre tract conveyed to John T.
McMahan by an instrument of record under Document
Number 2012028590, O.P.R.B.C.TX
Tract 2: Being 8.722 acres of land located in the Northeast
Quarter of Section 84, H.T. & B.R.R. CO. Survey, Abstract
538, Brazoria County, Texas, more particularly being a
portion of that certain called 10 acre tract conveyed to Joe
R. and Lois Darlene Laney by an instrument of record in
Volume 1310, Page 260, O.P.R.B.C.TX
General Location: West side of County Road 48, west of
Southern Trails Subdivision and approximately 2,000 feet
south of Broadway Street.
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
awl
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 November 27, 2014.
Sworn to and subscribed before me this
fih
Notary Public
My commission expires on
Publisher's Representative
day of iaziohf , 2014.
/-l9- 2o/4
;�,^prP4�": NotarLUCILLE
y Public, State off Texas
. t..;. My Commission Expires
'AV 18, 2016
X01
y 114,51eLnc8e aIZ
Bay Area Citizen • Friendswood Journal • Pearland Journal
Thursday, November 27, 2014, Page 21A
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: 2014-21Z
Notice is hereby given that on December 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 Alan
Mueller, applicant; on behalf of Joe and Darlene Laney
and John McMahan, owners; to approve an initial zoning
designation of Single Family - 1 (R-1); on approximately
32.3 acres of land, to wit:
The East one half (1/2) of the Southeast Quarter (SE 1/4) of
the Northeast Quarter (NE 1/4) of Section 84, H.T.& B.R.R.
Survey, Abstract No. 538, Brazoria County, Texas and
being the same land conveyed to B. Frank Wood by Jay
C. Tulk by Deed dated April 11, 1955, Recorded in Volume
627, Page 278, Deed Records, Brazoria County, Texas
and;
The West one half (1/2) of the Southeast Quarter (SE 1/4) of
the Northeast Quarter (NE %) of Section 84, H.T.& B.R.R.
Survey, Abstract No. 538, called Tract No. 8, BRoazoria
County, Texas according to the recorded map or plat
therof appearing of record in the office of the County Clerk
of Galveston County, Texas and being the same land
described from J.T. McMahan to R. D. McMahan, dated
October 27, 1964, recorded in Volume 895, Page 22, Deed
Records of Brazoria County, Texas and being that same
20 acres more or less, conveyed to John T. McMahan
by R.D. McMAhan and wife, Eunice McMahan, by Deed
dated December 29, 1994, Filed of Record March 13,
2003, recorded under Brazoria County Clerks File No. 03
015336, and;
A 2.72 acre tract, being the remainder of two (2) 1.5 acre
tracts, recorded in Volume (87) 403, Page 70 [Tract 1] and
Volume (87) 403, Page 73 [Tract 2], of the Official Records
of Brazoria County, Texas, out of the North 1/2 of the East 1/2
of the Southeast 1/4 of the Northeast'/, of section 84, of the
H.T.& B. Railroad Company Survey, Abstract 538, Brazoria
County, Texas.
General Location: West of County Road 48 and 2000 feet
south of Broadway St., 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.
Ian Clowes
Senior Plann
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 November 27, 2014.
Sworn to and subscribed before me this //7" day of
ea))) 2014.
et_Z6 6i1.11Adi_
ublisher's Representative
Notary Public
My commission expires on / — '� - 26 /
r
, Nt.• ►�.; LUCILLE GUERRA
•• "? Notary Public, State of Texas
My Commission Expires
January 18, 2016
na 1-y- is"
�r�ra21Z
Bay Area Citizen • Friendswood Journal • Pearland Journal
Thursday, November 27, 2014, Page 214
NOTICE OF A JOINT PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ANNEXATION APPLICATION NUMBER: A2014-02
Notice is hereby given that on December 15, 2014, at 6:30
p.m., the City Council of the City of Pearland, in Brazoria,
Harris and Fort Bend Counties, Texas, will conduct pub-
lic the second 2n°) of two public hearings in the Coun-
cil Chambers of City Hall, located at 3519 Liberty Drive,
Pearland, Texas, at the request of Alan Mueller, applicant;
on behalf of John McMahan and Joe Laney, owners; for
the purpose of consideration of the annexation of approxi-
mately 11.448 acres of land, to wit:
Tract 1: Being 2.726 acres of land located in the North-
east Quarter of Section 84, H.T. & B.R.R. CO. Survey,
Abstract 538, Brazoria County, Texas, more particularly
being all of that certain called 2.72 acre tract conveyed to
John T. McMahan by an instrument of record under Docu-
ment Number 2012028590, O.P.R.B.C.TX
Tract 2: Being 8.722 acres of land located in the North-
east Quarter of Section 84, H.T. & B.R.R. CO. Survey,
Abstract 538, Brazoria County, Texas, more particularly
being a portion of that certain called 10 acre tract con-
veyed to Joe R. and Lois Darlene Laney by an instrument
of record in Volume 1310, Page 260, O.P.R.B.C.TX
General Location: West side of County Road 48, west of
Southern Trails Subdivision and approximately 2,000 feet
south of Broadway Street.
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 OFAJOINT PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEA RLAN D, TEXAS
ZONE CHANGE APPLICATION NUMBER: 2014-21Z
Notice s hereby given that on December 15, 2014 at
630 p.m., the City Council and Planning and Zoning
Commission of the City of Pearland, in Brazona, 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 Alan
Mueller, applicant; on behalf of Joe and Darlene Laney
and John McMahan, turners; to approve an initial zoniN
designation of Single Family - 1 (R-1]; on approximately
32.3 acres of land, to wit:
The East one half (1/2) of the Southeast Quarter (SE Y) of
the Northeast Quarter (NE 1/4) of Section 84, H.T.& B.R.R.
Surrey, Abstract No_ 538, Brazoria County, Texas and
being the same land conveyed to B. Frank Wood by Jay
C. Tull: by Deed dated April 11, 1955, Recorded in Volume
627, Page 278, Deed Records, Brazoria County, Texas
and;
The West one half (1/2) of the Southeast Quarter (SE l) of
the Northeast Quarter (NE /) of Section 84, H.T.& B.R.R.
Survey, Abstrad No. 538, called Tract No. 3, BRoazoria
County, Te: is according to the recorded map or plat
therof appearing of record in the office of the County Clerk
of Galveston County, Texas and beim the same land
described from J.T. McMahan to R D. Mcf'Aahan, dated
October 27, 1964, recorded in Volume 855, Page 22, Deed
Records of Brazoria County, Texas and beiN that same
20 acres more or less, conveyed to John T. Mdvlahan
by R.D. McrvlAhan and wite, Eunice McMahan, by Deed
dated December 29, 1994, Filed of Record March 13,
2003, recorded under Brazona County Clerks File No. 03
015336, and;
A 2.72 acre tract, being the remainder of two (2) 1.5 acre
tracts, recorded in Volume (87) 403, Page 70 [Tract 1] and
Volume (87) 403, Page 73 [Tract 2], of the Official Recorcis
cf Brazoria County, Texas, out of the North 'A of the East lA
of the Southeast % of the Northeast Y. of section 34, of the
H.T.& B. Railroad Company Survey, Abstract 538, Brazoria
Cc unty, Texas.
General Location. West of County Road 48 and 2000 feet
south of Broadway St., 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 Plannirj
Department at 281-652-1765.
Ian Clowes
Senior Plann
Page 8 of 10
Ord. No 2000M-129
Ordinance No. 2000M-129
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
December 16, 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 2014-21Z
Honorable Mayor and City Council Members:
At their regular meeting on December 15, 2014, the Planning and Zoning Commission
considered the following:
A request Alan Mueller, applicant; on behalf of Joe and Darlene Laney and John
McMahan, owners; for approval of a zoning designation of Single Family - 1 (R-1)
on approximately 32.3 acres of land, on the following described property:
LEGAL DESCRIPTION: The East one half (1/2) of the Southeast Quarter (SE 1/4)
of the Northeast Quarter (NE 1/4) of Section 84, H.T.& B.R.R. Survey, Abstract
No. 538, Brazoria County, Texas and being the same land conveyed to B. Frank
Wood by Jay C. Tulk by Deed dated April 11, 1955, Recorded in Volume 627,
Page 278, Deed Records, Brazoria County, Texas and;
The West one half (1/2) of the Southeast Quarter (SE 1/4) of the Northeast
Quarter (NE 1/4) of Section 84, H.T.& B.R.R. Survey, Abstract No. 538, called
Tract No. 8, Brazoria County, Texas according to the recorded map or plat therof
appearing of record in the office of the County Clerk of Galveston County, Texas
and being the same land described from J.T. McMahan to R. D. McMahan, dated
October 27. 1964, recorded in Volume 895, Page 22, Deed Records of Brazoria
Page 9 of 10
Ord. No 2000M-129
County, Texas and being that same 20 acres more or less, conveyed to John T.
McMahan by R.D. McMahan and wife, Eunice McMahan, by Deed dated
December 29, 1994, Filed of Record March 13, 2003, recorded under Brazoria
County Clerks File No. 03 015336, and;
A 2.72 acre tract, being the remainder of two (2) 1.5 acre tracts, recorded in
Volume (87) 403, Page 70 [Tract 1] and Volume (87) 403, Page 73 [Tract 2], of
the Official Records of Brazoria County, Texas, out of the North 1/2 of the East 1/2
of the Southeast 1/4 of the Northeast '/4 of section 84, of the H.T.& B. Railroad
Company Survey, Abstract 538, Brazoria County, Texas.
GENERAL LOCATION: West of County Road 48 and 2000 feet south of
Broadway St., Pearland. TX
P&Z Commissioner Elizabeth McLane made a motion to recommend approval of the
Zone Change request. The motion was seconded by P&Z Commissioner Mary Starr.
The vote was 7-0 and the motion was approved. Commissioners Reed, Starr, McLane,
McFadden, Fuertes, Tunstall, and Duncan all voted in favor of the requested zone
change.
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Page 10 of 10
Ord. No 2000M-129