Ord. 2000M-0155 2017-08-31Ordinance No. 2000M-155
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, the east 224.54
feet of Lot twenty-two (22), and the adjoining 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. (324 Riley Road, Pearland,
TX.) Zone Change Application No. ZONE 17-00001, a 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; 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, of Mirna Fernandez of WGA, applicant, on behalf of Martin Harrison.
owner; is requesting 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 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 20th 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 Spectrum District Sub -district 5 (S5) zoning to a
Light Industrial (M-1) zoning district on approximately 4.949 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 Mirna Fernandez of WGA, applicant, on behalf of Martin Harrison,
owner; 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;
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 Spectrum
District Sub -district 5 (S5) zoning district, is hereby granted a change in zoning to the
Light Industrial (M-1) zoning district in accordance with all conditions and requirements
of the current Unified Development Code and the following conditions approved by the
Page 2 of 8
Ord. No. 2000M-155
City Council and incorporated for all purposes, such property being more particularly
described as:
Legal Description: The east 224.54 feet of Lot twenty-two (22), and the
adjoining 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.
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 111. 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
Page 3 of 8
Ord. No. 2000M-155
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of April,
2017.
ATTEST:
NG RFING, M(�/
Y S RETARY
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 31st
day of August, 2017.
ATTEST:
UN ORF G, JtRMC
ITY SECRETARY
APPROVED AS TO FORM:
�G�
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 4 of 8
Ord. No. 2000M-155
Exhibit A
Legal Description
The east 224.54 feet of Lot twenty-two (22), and the adjoining 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.
Page 5 of 8
Ord. No. 2000M-155
Exhibit B
Vicinity Map
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Exhibit 1
AERIAL MAP
ZONE 17-00001
324 Riley Road
nSubject Property
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Page 6 of 8
Ord. No. 2000M-155
0000132245 CITY OF PEARLAND - PLANNING
irMEODIA
GRUP
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Ordinance No. 2000M-155
Exhibit "C"
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 x46 L
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CNDP-Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000132245 HC034270320
Date
Feb 01 2017
Feb 01 2017
Feb 01 2017
Feb 01 2017
Feb 01 2017
Class
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Page
NEWSPAPER REPRESENTATIVE
Sworn and subscribed to before me, this 7th Day of February A.D. 2017
See P
T ,J0
.0
Notary Public in and for the State of Texas
0000132245 CITY OF PEARLAND - PLANNING
Page 2
Houston Chronicle
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
Exhibit C
Legal Ad
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
Nutlet. is hereby given that on February 20. 2017. at 6.30
p.m., the City Council and Planning ano Zoning Cowry is-
sion
onrris-
sion of the City of Pearland. in I3razoria. 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 Harrisor, owner: for
approval of a change in zoning frons the Spectrurr District
Subdistrict 5 (S5) zoning to a Light Industrial (M-1) zoning
district; on approximately 4.949 acres of land. to wit:
The cast 224.54 feet of Lot twenty-two (22). ano the adjoin -
ng 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 Locateori: 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 -
trent at 281-652-1765.
Martin Griggs
Senior Planner
Page 7 of 8
Ord. No. 2000M-155
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
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 17-00001
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 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.
General Location: 324 Riley Road, Pearland, TX.
P&Z Commissioner Starr made the motion to recommend approval of Zone Change Application
No. ZONE 17-00001, Vice Chairperson Duncan seconded the motion. The motion passed with
a vote of 6-0. Chairperson Daniel Tunstall, Vice -Chairperson Thomas Duncan, and
Commissioners Ginger McFadden. Troy Pradia. Derrell Isenberg, and Mary Starr voted in favor
of the motion.
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 8 of 8
Ord. No. 2000M-155