Ord. 2000M-0161 2017-07-24 Ordinance No. 2000M-161
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, A 3.1092 acre tract
of land out of Lot 46 of the Allison Richey Gulf Coast Home Company's
subdivision of Section 8, H.T&B.R.R. CO. Survey also called the F.B. Drake
Survey, Abstract 504, Brazoria County, Texas, according to the map or plat
thereof recorded in Volume 2, Page 24, of the Plat Records of Brazoria
County, Texas. (Located at 6601 Broadway Street, Pearland, TX.) Zone
Change Application No. ZONE 17-00010, a request of Pogie USA, LLC.,
applicant and owner, represented by Bruce Honore; for approval of a
change in zoning from the General Business (GB) to a General
Commercial (GC) zoning district; on approximately 3.1092 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, Bruce Honore, applicant and owner; is requesting approval of a
change in zoning from the General Business (GB) to a General Commercial (GC)
zoning district on approximately 3.1092 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
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 General Business (GB) to a General Commercial (GC)
zoning district on approximately 3.1092 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 Bruce Honore, applicant and owner; for approval of a change in
zoning from the General Business (GB) to a General Commercial (GC) zoning district;
on approximately 3.1092 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 General
Business (GB) zoning district, is hereby granted a change in zoning to the General
Commercial (GC) 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:
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Ord. No. 2000M-160
Legal Description: A 3.1092 acre tract of land out of Lot 46 of the Allison Richey
Gulf Coast Home Company's subdivision of Section 8, H.T&B.R.R. CO. Survey
also called the F.B. Drake Survey, Abstract 504, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 2, Page 24, of the Plat
Records of Brazoria County, Texas.
General Location: 6601 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
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.
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Ord. No. 2000M-160
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Exhibit A
Legal Description
A 3.1092 acre tract of land out of Lot 46 of the Allison Richey Gulf Coast Home
Company's subdivision of Section 8, H.T&B.R.R. CO. Survey also called the F.B.
Drake Survey, Abstract 504, Brazoria County, Texas, according to the map or plat
thereof recorded in Volume 2, Page 24, of the Plat Records of Brazoria County,
Texas.
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Ord. No. 2000M-160
•
Exhibit B
Vicinity Map
iiii ----- : op m r Exhibit 1
.� '. , 4.4.. rye •maw her:
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 17-00010
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 Pogie USA, LLC.,
applicant and owner, represented by Bruce Honore; for ap-
proval of a change in zoning from General Business (GB) to
a General Commercial (GC) zoning district; on approximate-
ly 3.1092 acres of land, to wit:
A 3.1092 acre tract of land out of Lot 46 of the Allison Ri-
chey Gulf Coast Home Company's subdivision of Section 8.
H.T&B.R.R. CO. Survey also called the F.B. Drake Survey.
Abstract 504, Brazoria County, Texas, according to the
map or plat thereof recorded in Volume 2, Page 24, of the
Plat Records of Brazoria County. Texas.
General Location: 6601 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 Depart-
ment at 281-652-1765.
Martin Griggs
Senior Planner
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Ord. No. 2000M-160
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Exhibit D
Planning and Zoning Commission Recommendation Letter
1 CI
V O
T E X A S
PST. 89%
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 17-00010
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 Pogie USA, LLC., applicant and owner, represented by Bruce
Honore; for approval of a change in zoning from General Business (GB) to a
General Commercial (GC) zoning district; on approximately 3.1092 acres of land.
General Location: 6601 Broadway Street, Pearland, TX.
P&Z Vice-Chairperson Thomas Duncan made the motion to recommend approval of
Zone Change Application No. ZONE 17-00010, P&Z Commissioner Troy Pradia
seconded the motion. The motion to recommend approval of the change in zoning to
General Commercial was approved by a vote of 6-1. 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. P&Z Chairperson Daniel
Tunstall voted in opposition of the motion.
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Ord. No. 2000M-160
Sincerely,
firrA
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-160
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PASSED, APPROVED, and ADOPTED on First Reading this 10th day of July,
2017.
ID
TOM REID
MAYOR
ATTEST:
Q ?.
.A'.
JUNG laR ING, R
' ITY S CRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of July, 2017.
CD—)
TOM REID
MAYOR
ATTEST:
76#1Y NG ' y' MC/� _e V
SE ETARY
APPROVED AS TO FORM:
Cafr---
DARRIN M. COKER
CITY ATTORNEY
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