Ord. 2000M-0158 2017-07-10Ordinance No. 2000M-158
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, 30,403 square feet
of land, located in the H.T. & B. RR. Company Survey, Abstract 242, in
Brazoria County, Texas, being out of a called 1.000 acre tract save and
except tract out of a called 1.5 acre tract (surveyed as 1.9859 acre tract)
conveyed to Jose De Jesus Mata, recorded in Brazoria County Clerk's File
Number (B.C.C.F. No.) 98-016186. (Located at 7501 Fite Road, Pearland,
TX.) Zone Change Application No. ZONE 17-00005, a request of Richard
Skotak, applicant, on behalf of Larry Darcey, owner; for approval of a
change in zoning from the Multiple -Family (MF) zoning to an Office
Professional (OP) zoning district; on approximately 0.698 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, Richard Skotak, applicant, on behalf of Larry Darcey, owner; is
requesting approval of a change in zoning from the Multiple -Family (MF) zoning to a
Office Professional (OP) zoning district on approximately 0.698 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 15th day of May 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 16th day of May 2017, the Planning and Zoning Commission
submitted its report and recommendation to the City Council regarding the proposed
change in zoning from the Multiple -Family (MF) zoning to an Office Professional (OP)
zoning district on approximately 0.698 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 June 2017 and
the 26th day of June 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 Richard Skotak, applicant, on behalf of Larry Darcey, owner; for
approval of a change in zoning from the Multiple -Family (MF) zoning to an Office
Professional (OP) zoning district; on approximately 0.698 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 Multiple -
Family (MF) 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 the following conditions approved by the
City Council and incorporated for all purposes, such property being more particularly
Page 2 of 8
Ord. No. 2000M-158
described as:
Legal Description: 30,403 square feet of land, located in the H.T. & B. RR.
Company Survey, Abstract 242, in Brazoria County, Texas, being out of a called
1.000 acre tract save and except tract out of a called 1.5 acre tract (surveyed as
1.9859 acre tract) conveyed to Jose De Jesus Mata, recorded in Brazoria County
Clerk's File Number (B.C.C.F. No.) 98-016186.
General Location: 7501 Fite Road, 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
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
Page3of8
Ord. No. 2000M-158
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 26th day of June,
2017.
ATTEST:
UNG
TY SECRETARY
T• • ID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10th
day of July, 2017.
ATTEST:
1UNr/ ORFI
ITY S CRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Noto 8119,,,
7.V' �\
TOM REID
MAYOR
Page 4 of 8
Ord. No. 2000M-158
Exhibit A
Legal Description
30,403 square feet of land, located in the H.T. & B. RR. Company Survey, Abstract 242,
in Brazoria County, Texas, being out of a called 1.000 acre tract save and except tract
out of a called 1.5 acre tract (surveyed as 1.9859 acre tract) conveyed to Jose De Jesus
Mata, recorded in Brazoria County Clerk's File Number (B.C.C.F. No.) 98-016186.
Page 5 of 8
Ord. No. 2000M-158
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
ZONE 17-00005
7501 Fite Road
Subject Property
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j City Limits
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far leval. rnaina.a nra. or aurrecent
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rapreoenta QM). the appyou matt Mat zue local ton
prupert v boundnne.
1 inch = 250 feet
MAY 207
PLANNING DEPARTMENT
Page 6 of 8
Ord. No. 2000M-158
Exhibit C
Legal Ad
•
To Be Published In the
PEARLAND JOURNAL
Wednesday N 20, 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
17-00005
Notice is hereby given that on May 15, 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. ocated at 3519 Liberty
Drive. Pearland, Texas, at the request of Richard Skotak.
applicant, on behalf of Larry Darcey, owner; for approval of
a change in zoning from the Multiple -Family (MF) zoning to
a General Business (GB) zoning district; on approximately
0.698 acres of land, to wit:
30.403 square feet of land, located in the H.T. & B. RR.
Company Survey, Abstract 242. in Brazoria County. Texas.
being out of a called 1.000 acre tract save and except tract
out of a called 1.5 acre tract (surveyed as 1.9859 acre
tract) conveyed to Jose De Jesus Mata. recorded in
Brazoria County Clerk's File Number (B.C.C.F. No.) 98-
016186.
General Location: 7501 Fite Road. 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 Depart-
ment at 281-652-1765.
Martin Griggs
Senior Planner
Page 7 of 8
Ord. No. 2000M-158
0000137335 CITY OF PEARLAND - PLANNING Page 1
Houston Chronicle
CI ASSIFIEDS
MEDIA
IJI
� GROUP
MIAAIY.
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper
published in Harris County. Texas, and generally circulated in the Counties of: HARRIS, TRINITY,
WALKER, GRIMES, POLK, SAN JACINTO, WASHINGTON, MONTGOMERY, LIBERTY, AUSTIN,
WALLER, CHAMBERS, COLORADO, BRAZORIA, FORT BEND, GALVESTON, WHARTON,
JACKSON, and MATAGORDA and that the publication, of which the annexed herein. or attached to, is a
true and correct copy, was published to -wit:
CITY OF PEARLAND - PLANNING
RAN A LEGAL NOTICE
SIZE BEING: 2 x49 L
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CNDP-Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000137335 HC034270320
Date
Mar 29 2017
Mar 29 2017
Mar 29 2017
Mar 29 2017
Mar 29 2017
Class
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Page
NEWSPAPER REPRESENTATIVE
�
(cA(-
Sworn and subscribed to before me, this 4th Day of April A . 2017
otary Public in and (4L
he State Texas
0
111,111I1JJJJ�/
e.
=r.
lS�'r OF1�+`
0000137335 CITY OF PEARLAND - PLANNING Page 2
Houston Chronicle
CLASSIFIEDS
To Be Published in the
PEARLAND JOURNAL
Wednesday March 29, 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
17-00005
Notice is hereby given that on April 17, 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 Richard Skotak,
applicant. on behalf of Larry Darcey. owner: for approval of
a change in zoning from the Multiple -Family (MF) zoning to
a General Business (GB) zoning district; on approximately
0.98 acres of land, to wit:
30,403 square feet of land, located In the H.T. & B. RR.
Company Survey, Abstract 242, in Brazoria County, Texas,
being out of a called 1.000 acre tract save and except tract
out of a called 1.5 acre tract (surveyed as 1.9859 acre
tract) conveyed to Jose De Jesus Mata, recorded in
Brazoria County Clerk's File Number (B.C.C.F. No.)
38-016186.
General Location: 7501 Fite Road, Pearland, TX.
At sald 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
0000139786 CITY OF PEARLAND - PLANNING
Page 1
Houston Chronicle
CL ASSIFIEDS
ri re
4.1 MEDIA
GROUP
N!A• iYt r rpoLPH1
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Before me. the undersigned authority. a Notary Public in and for the State of Texas. on this day
personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper
published in Harris County, Texas, and generally circulated in the Counties of: HARRIS, TRINITY,
WALKER. GRIMES. POLK. SAN JACINTO. WASHINGTON, MONTGOMERY, LIBERTY, AUSTIN,
WALLER, CHAMBERS. COLORADO, BRAZORIA, FORT BEND, GALVESTON, WHARTON,
JACKSON, and MATAGORDA and that the publication. of which the annexed herein, or attached to, is a
true and correct copy, was published to -wit:
CITY OF PEARLAND - PLANNING
RAN A LEGAL NOTICE
SIZE BEING: 2 x49 L
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CNDP-Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000139786
HC034270320
Date
Apr 26 2017
Apr 26 2017
Apr 26 2017
Apr 26 2017
Apr 26 2017
Class
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Page
NEWSPAPER REPRESENTAItIVE
Sworn and subscribed to before me, this 29th Day of April A.D. 2017
Nota Public in an
to of Texas
'- MFT
•
0000139786 CITY OF PEARLAND - PLANNING Page 2
Houston Chronicle
C14SS EDS
To Be Published In the
PEARLAND JOURNAL
Wednesday April 26, 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
17-00005
Notice is hereby given that on May 15, 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 Richard Skotak,
applicant. on behalf of Larry Darcey, owner; for approval of
a change in zoning from the Multiple -Family (MF) zoning to
a General Business (GB) zoning district; on approximately
u.o98 acres of land, to wit:
30.403 square feet of land. located in the H.T. & B. RR.
Company Survey, Abstract 242. in Brazoria County, Texas,
being out of a called 1.000 acre tract save and except tract
out of a called 1.5 acre tract (surveyed as 1.9859 acre
tract) conveyed to Jose De Jesus Mata, recorded in
Brazoria County Clerk's File Number (B.C.C.F. No.) 98-
016186.
General Location: 7501 Fite Road. 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 Depart-
ment at 281-652-1765.
Martin Griggs
Senior Planner
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
May 16, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 17-00005
Honorable Mayor and City Council Members:
At their regular meeting on May 15, 2017, the Planning and Zoning Commission
considered the following:
A request of Richard Skotak, applicant, on behalf of Larry Darcey, owner; for
approval of a change in zoning from the Multiple -Family (MF) zoning to a General
Business (GB) zoning district; on approximately 0.698 acres of land.
General Location: 7501 Fite Road, Pearland, TX.
P&Z Commissioner Daniel Selsky made the motion to recommend approval of Zone
Change Application No. ZONE 17-00005, P&Z Commissioner Mary Starr seconded the
motion. The motion failed by a vote of 0-5; P&Z Chairperson Daniel Tunstall, P&Z Vice -
Chairperson Thomas Duncan, and P&Z Commissioners David Selsky, Mary Starr, and
Ginger McFadden voted in opposition of the motion.
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page8of8
Ord. No. 2000M-158