Ord. 2000M-0160 2017-07-24 Ordinance No. 2000M-160
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 37.44 acre
tract of land located in the H.T.&B.R.R. Co. Survey, Section 85, Abstract No.
304, in Brazoria County, Texas. Said 37.44 acres being Lots 17, 18, 19 and
a portion of Lot 20 of the Allison-Richey Gulf Coast Home Company's
Suburban Garden Subdivision as shown on map recorded in Volume 2,
Page 107 of the Brazoria County Plat Records (B.C.P.R.). Said 37.44 acres
being comprised of a call 10.0000 acre tract of land (styled "Tract 2")
recorded in the name of 4601 Holmes Road Corporation under Brazoria
County Clerk's File (B.C.C.F.) No. 03-006630 and a portion of a call 37.429
acre tract of land recorded in the name of Leonard Lee Cherry, et al, under
B.C.C.F. Nos. 2008049177 and 2008049178. (2006 Wooten Road,
Pearland, TX.) Zone Change Application No. ZONE 17-00009, a request of
Geoff Freeman, applicant, on behalf of Pearland Office Center, LLC, owner,
represented by Lonnie Gaienne; for approval of a change in zoning from
Single-Family Residential-3 (R-3) to a Business Park District-288 (BP-
288) zoning district; on approximately 37.44 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, Geoff Freeman, applicant, on behalf of Pearland Office Park, owner,
represented by Lonnie Gaienne; is requesting approval of a change in zoning from the
Single-Family Residential-3 (R-3) to a Business Park District-288 (BP-288) zoning
district on approximately 37.44 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 19th day of June 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
1
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 19th day of June 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-3 (R-3) to a Business Park District-
288 (BP-288) zoning district on approximately 37.44 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 July 2017 and
the 24th day of July 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 Geoff Freeman, applicant, on behalf of Pearland Office Park,
owner, represented by Lonnie Gaienne; for approval of a change in zoning from the
Single-Family Residential-3 (R-3) to a Business Park District-288 (BP-288) zoning
district; on approximately 37.44 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-
t Page 2 of 10
Ord. No. 2000M-160
Family Residential-3 (R-3) zoning district, is hereby granted a change in zoning to the
Business Park District-288 (BP-288) 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 37.44 acre tract of land located in the H.T.&B.R.R.
Co. Survey, Section 85, Abstract No. 304, in Brazoria County, Texas. Said 37.44
acres being Lots 17, 18, 19 and a portion of Lot 20 of the Allison-Richey Gulf
Coast Home Company's Suburban Garden Subdivision as shown on map
recorded in Volume 2, Page 107 of the Brazoria County Plat Records (B.C.P.R.).
Said 37.44 acres being comprised of a call 10.0000 acre tract of land (styled
"Tract 2") recorded in the name of 4601 Holmes Road Corporation under
Brazoria County Clerk's File (B.C.C.F.) No. 03-006630 and a portion of a call
37.429 acre tract of land recorded in the name of Leonard Lee Cherry, et al,
under B.C.C.F. Nos. 2008049177 and 2008049178.
General Location: 2006 Wooten 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 Ill. 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
Page 3 of 10
Ord. No. 2000M-160
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
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of July,
2017.
TOM REID
MAYOR
ATTEST:
FAQ
oUN ORF� MC =o
RETAR %\
ITY C � ......
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of July, 2017.
c=iG-ri7)
TOM REID
MAYOR
Page 4 of 10
Ord. No. 2000M-160
ATTEST:
.1 . i�ir =�i
i�UNG /•RFIN R C =� ._ _
' ITY `1 RETARY
APPROVED AS TO FORM:
C-Leps, .-� -
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 10
Ord. No. 2000M-160
Exhibit A
Legal Description
Being a 37.44 acre tract of land located in the H.T.&B.R.R. Co. Survey, Section 85,
Abstract No. 304, in Brazoria County, Texas. Said 37.44 acres being Lots 17, 18, 19
and a portion of Lot 20 of the Allison-Richey Gulf Coast Home Company's Suburban
Garden Subdivision as shown on map recorded in Volume 2, Page 107 of the Brazoria
County Plat Records (B.C.P.R.). Said 37.44 acres being comprised of a call 10.0000
acre tract of land (styled "Tract 2") recorded in the name of 4601 Holmes Road
Corporation under Brazoria County Clerk's File (B.C.C.F.) No. 03-006630 and a portion
of a call 37.429 acre tract of land recorded in the name of Leonard Lee Cherry, et al,
under B.C.C.F. Nos. 2008049177 and 2008049178.
Page 6 of 10
Ord. No. 2000M-160
Exhibit B
Vicinity Map
per _
. ._ _ Exhibit
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rove I
■„_' AERIAL MAP
f ,: ____ ZONE 17-00009
ow,. • ■ 2006 Wooten Rd.
- it:• • 2 .� O Subject Property
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- ..`• . '• MAY 201:
Y •, PLANNING DEPARTMENT
Page 7 of 10
Ord. No. 2000M-160
Exhibit C
Legal Ad
To Be Published in the
PEARLAND JOURNAL
Wednesday, May 31, 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
17-00009
Notice is hereby given that on June 19. 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 LJA Engineering,
Inc., applicant, represented by Geoff Freeman, on behalf of
Pearland Office Center, LLC., owner, represented by Lonnie
Gaienne; for approval of a change in zoning from Single-
Family Residential-3 (R-3)to a Business Park District-288
(BP-288) zoning district; on approximately 37.44 acres of
land, to wit:
Being a 37.44 acre tract of land located in the H.T.&B.R.R.
Co. Survey, Section 85. Abstract No. 304, in Brazorla Coun-
ty, Texas. Said 37.44 acres being Lots 17, 18. 19 and a por-
tion of Lot 20 of the Allison-Richey Gulf Coast Home Com-
pany's Suburban Garden Subdivision as shown on map re-
corded in Volume 2, Page 107 of the Brazoria County Plat
Records (B.C.P.R.), Said 37.44 acres being comprised of a
call 10.0000 acre tract of land (styled "Tract 2") recorded
in the name of 4601 Holmes Road Corporation under
Brazoria County Clerk's File (B.C.C.F.) No. 03-006630 and
a portion of a call 37.429 acre tract of land recorded in the
name of Leonard Lee Cherry, et al. under B.C.C.F. Nos.
2008049177 and 2008049178.
General Location: 2006 Wooten 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 8 of 10
Ord. No. 2000M-160
Houston Chronicle
0000132245 CITYb(JF PEARLAND - PLANNING Page 2 CLASSIFIEDS
To Be Published In the
PEARLAND JOURNAL
Wednesday February 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 17-00001
Notice is hereby given that on February 20, 2017. 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 Mirna Fernandez
of WGA,applicant, on behalf of Martin Harrison. owner; for
approval of a change in zoning from the Spectrum District
Sub-district 5(S5)zoning to a Light Industrial (M-1) zoning
district; on approximately 4.949 acres of land,to wit:
The east 224.54 feet of Lot twenty-two(22), and the adjoin-
ing East 224.54 feet of North 330.0 feet of Lot Thirty (30),
Orchard Ridge Subdivision, a subdivision in Harris County.
Texas, according to the map or plat thereof, recorded in
Volume 64, Page 7, Deed Records of Harris County.Texas.
General Location:324 Riley 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
0000132245 CITY t F PEARLAND -PLANNING • Page 1 Houston Chronicle I
CLASSIFIEDS
itirIP MEDIA
tip GROUP
N E A R S T, -r porJJJM!
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 0000132245 HC034270320
RAN A LEGAL NOTICE
SIZE BEING: 2 x46 L
Product Date Class Page
CNPC-Pasadena Citizen Feb 01 2017 Legal Notices
CNBA-Bay Area Citizen Feb 01 2017 Legal Notices
CNDP-Deer Park Broadcaster Feb 01 2017 Legal Notices
CNFJ-Friendswood Journal Feb 01 2017 Legal Notices
CNPJ-Pearland Journal Feb 01 2017 Legal Notices
/
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77<' C/�.'-- --
NEWSPAPER REPRESENTATIVE
Sworn and subscribed to before me, this 7th Day of February A.D. 2017
t i
''EG'r� T'7•15 I
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NIIIIIIIIttO
e441/G% G�'lG(/cG jZ 11
Notary Public in and for the State of Texas
Exhibit D
Planning and Zoning Commission Recommendation Letter
TEX AS
v v
tSr. 890.
Planning & Zoning Commission
Recommendation Letter
June 20, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 17-00009
Honorable Mayor and City Council Members:
At their regular meeting on June 19, 2017, the Planning and Zoning Commission
considered the following:
A request of LJA Engineering, Inc., applicant, represented by Geoff Freeman, on
behalf of Pearland Office Center, LLC., owner, represented by Lonnie Gaienne;
for approval of a change in zoning from Single-Family Residential-3 (R-3) to a
Business Park District-288 (BP-288) zoning district; on approximately 37.44
acres of land.
General Location: 2006 Wooten Road, Pearland, TX.
P&Z Vice-Chairperson Thomas Duncan made the motion to recommend approval of
Zone Change Application No. ZONE 17-00009, P&Z Commissioner Selsky seconded
the motion. The motion to recommend approval of the change in zoning to
Neighborhood Services was approved by a vote of 7-0. P&Z Chairperson Daniel
Tunstall, P&Z Vice-Chairperson Thomas Duncan, and P&Z Commissioners Derrell
Isenberg, David Selsky, Mary Starr, Troy Pradia, and Ginger McFadden voted in
support of the motion.
Sincerely,
Page 9 of 10
Ord. No. 2000M-160
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 10 of 10
Ord. No. 2000M-160