Ord. 2000M-0156 2017-04-24 Ordinance No. 2000M-156
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 property, being a tract or
parcel containing 5.9316 acres (258,382 square feet) of land situated in the
W.D.C. Hall Survey, Abstract Number 70, Brazoria County, Texas; being out
of and a part of the 16.835 acre remainder portion of that certain called
297.58 acre tract conveyed to Aaron Pasternak, Trustee by deed recorded in
Volume 1023, Page 297 Brazoria County Deed Records (B.C.D.R.), Brazoria
County, Texas. (Southeast corner of Liberty Drive and East Broadway
Street, Pearland, TX.) Zone Change Application No. ZONE 17-00003, a
request of Chris Bick of Kimley-Horn, applicant, on behalf of Matt Pasternak,
president of Pasternak Management, Inc., manager of 313 Acre Pearland
Joint Venture, owner; for approval of a change in zoning from the Single-
Family Residential-1 (R-1) zoning to a General Business (GB) zoning
district; on approximately 5.9316 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, Chris Bick of Kimley-Horn, applicant, on behalf of Matt Pasternak,
president of Pasternak Management, Inc., manager of 313 Acre Pearland Joint Venture,
owner; is requesting approval of a change in zoning from the Single-Family Residential-1
(R-1) zoning to a General Business (GB) zoning district on approximately 5.9316 acres of
land on the following described property; 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 March 2017, 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 21st day of March 2017, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed change in zoning from the Single-Family Residential-1 (R-1) zoning to a
General Business (GB) zoning district on approximately 5.9316 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 10th day of April 2017 and
the 24th day of April 2017; 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 Chris Bick of Kimley-Horn. applicant, on behalf of Matt Pasternak,
president of Pasternak Management, Inc., manager of 313 Acre Pearland Joint Venture,
owner; for approval of a change in zoning from the Single-Family Residential-1 (R-1)
zoning to a General Business (GB) zoning district; on approximately 5.9316 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 being located within the Single-
Page 2 of 10
Ord. No. 2000M-156
Family Residential-1 (R-1) zoning district, is hereby granted a change in zoning to the
General Business (GB) zoning district in accordance with all conditions and
requirements of the current Unified Development Code and the following conditions
approved by the City Council and incorporated for all purposes, such property being
more particularly described as:
Legal Description: Being a tract or parcel containing 5.9316 acres (258,382
square feet) of land situated in the W.D.C. Hall Survey, Abstract Number 70,
Brazoria County, Texas; being out of and a part of the 16.835 acre remainder
portion of that certain called 297.58 acre tract conveyed to Aaron Pasternak,
Trustee by deed recorded in Volume 1023, Page 297 Brazoria County Deed
Records (B.C.D.R.), Brazoria County, Texas.
General Location: Southeast corner of Liberty Drive and East Broadway 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 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
Page 3 of 10
Ord. No. 2000M-156
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.
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of April,
2017.
TOM REID
MAYOR
ATTEST:
/'.� ��`�a /ice -�:•
LUNG 4 R" , J'M'
' ITY S'I RETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of April, 2017. \
. 1, C� �F
TOM REID
MAYOR
TTEST:
YO N G L,9' G, T'/ C/ %\
Y SE RETARY
Page 4 of 10
Ord. No. 2000M-156
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 10
Ord. No. 2000M-156
Ordinance No. 2000M-156
Exhibit "A"
Exhibit A
Legal Description
Being a tract or parcel containing 5.9316 acres (258,382 square feet) of land situated in
the W.D.C. Hall Survey, Abstract Number 70, Brazoria County, Texas; being out of and
a part of the 16.835 acre remainder portion of that certain called 297.58 acre tract
conveyed to Aaron Pasternak, Trustee by deed recorded in Volume 1023, Page 297
Brazoria County Deed Records (B.C.D.R.), Brazoria County, Texas.
Page 6 of 10
Ord. No. 2000M-156
Ordinance No. 2000M-156
Exhibit "B"
Exhibit B
Vicinity Map
'•'5• "� %t �/ .. / Exhibit 1
. •/ �zu" f , ; .p. • ..�4` iw;.1, ,,,
• ag, : iro:---` 5 AERIAL MAP
gra) 254 6,1 :4. . ,,,....torri..p
52 25,0 ?'l;V. 4, • ✓" 09 ZONE 17-00003
OA
T52i ;v.?,l vn3 i SEC of Liberty Dr.
"i ''4-212 .2 _ � ,/ re i • and E.Broadway S
t.g 44 54,
;�Lj• z� et, :,, Q Subject Property
1i
•-71h ' 4' 4 uz� ;El
•2%Iv ap .,,,,11
' fL i7 ring v"Yyz z+,. • r F`• I o
&' IRIV. e„j 'S vg,a " ` �"` i;ri! yr er
Win a A0 ; PA s 4 .
gsz. ?'. J u " Fs r ,441
TVA syt yam km' . '."∎ O Er '+. r', •;t 4.fule
Ak
FED
') ` .;. ' ,'.r'nn. .i Ins M+n De•vuml/>r.v
,�• y.N .. J. ♦ 4J@) ew,r al mwa.e.t.n no the n Fund .to
9 p'1p 4 F• - a.lif ` t ,,bo
`s 4'l 2.31:0 Y.�`��j,!� <f f !'" \ • .J GArert.bnu M+ar,<..
Ir �o-, � •�*.+.f VW
° n; a 1 inch=417 feet
� 4 t J.•j'.� "' FafJ fmr. ma,* a'•,di(II_nl I yiI'
$ !' EL+Fl. r, •I • 6L 4 ♦ II..00.1 •.DI'I•.SUT,IF,\"r
p q fir ',RN A I
Page 7 of 10
Ord. No. 2000M-156
Exhibit C
Legal Ad
To Be Publisli,xl ui Ili,
PEARLAND JOURNAL
Wednesday March 1,2017
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: ZONE
17-00003
Notice is hereby given that on March 20,2017,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 Chris
Bick of Kimley-Horn,applicant,on behalf of Matt
Pasternak.president of Pasternak Management.Inc.,
manager of 313 Acre Pearland Joint Venture,owner:for
approval of a change in zoning from the Single-Family
Residential-1(R-1)zoning to a General Business(GB)
zoning district:on approximately 5.9316 acres of land.to
wit:
Being a tract or parcel containing 5.9316 acres(258,382
square feet)of land situated In the W.D.C.Hall Survey.
Abstract Number 70,Brazoria County.Texas;being out of
and a part of the 16.835 acre remainder portion of that
certain called 297.58 acre tract conveyed to Aaron
Pasternak,Trustee by deed recorded in Volume 1023.Page
297 Brazoria County Deed Records(B.C.D.R.).Brazorla
County.Texas.
General Location:Southeast corner of Liberty Drive and
East 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
Department at 281-652-1765.
Martin Griggs
Senior Planner
Page 8 of 10
Ord. No. 2000M-156
Ordinance No. 2000M-156
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
.0 pi
1R
ZboARLANia
TEXAS
Planning & Zoning Conmlissioll
Recommendation Letter
March 21, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 17-00003
Honorable Mayor and City Council Members:
At their regular meeting on March 20, 2017, the Planning and Zoning Commission considered
the following:
A request of Chris Bick of Kimley-Horn, applicant, on behalf of Matt Pasternak, president
of Pasternak Management. Inc., manager of 313 Acre Pearland Joint Venture; owner; for
approval of a change in zoning from the Single-Family Residential-1 (R-1) zoning to a
General Business (GB) zoning district; on approximately 5.9316 acres of land.
General Location: Southeast corner of Liberty Drive and East Broadway Street,
Pearland, TX.
P&Z Commissioner Derrell Isenberg would be opposed to an approval if the developer does not
agree to build a fence around the dry detention for the safety of the school students. P&Z Vice-
Chairperson Thomas Duncan asked for clarification if a fence or wall should be built, Senior
Planner Martin Griggs explained the UDC buffer requirements. P&Z Commissioner Mary Starr
made a comment on the wall requirements for commercial. P&Z Chairperson Daniel Tunstall
informed P&Z Commission that this particular zone change needs to be voted yes, no or
postponed at this time. P&Z Commissioner Troy Pradia asked the applicant's representative if
they would be building a fence. The applicant answered he did not have the authority to say
developer would agree to build the fence and could not guarantee but would share the request
with his client. The vote was 4-0 in favor, 2-0 opposed. The motion passed with a vote of 4-2;
P&Z Chairperson Daniel Tunstall, P&Z Commissioners Troy Pradia, Ginger McFadden, and
Mary Starr voted in favor of the motion and P&Z Vice-Chairperson Thomas Duncan and
Commissioner Derrell Isenberg voted in opposition of the motion.
Page 9 of 10
Ord. No. 2000M-156
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 10 of 10
Ord. No. 2000M-156