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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 Tkx. pz ian a►. W anv ul rap*, Rai aaTa.ttat. Leap: pa..l Lx.xk aunlle it kgal <b unq .x a.tttpas pvp.za It 4<avtx.pzzataa.• tte fz VIA vas paa.l x<px<za.ta. ttt app•naaz t.1w.Ltatr♦ .f 'sr np l.,zlaxe a. 1 Inch= 377 feet o GTOBLP loll PS Atll]6 DBpAAT181T 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 til} it -►'7 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