Ord. 2000M-0163 2017-09-18 FAILEDFAILED
Ordinance No. 2000M-163
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 of
land containing 3.5818 acres (156,022 square feet), situated in the H.T. &
B.R.R Co. Survey, Abstract 549, Brazoria County, Texas, being out of Lot 21
of Allison -Richie Gulf Coast Home Company's Suburban Gardens
Subdivision of Section 24, in Brazoria County, Texas, being all of tract
conveyed unto Charlotte Polasek by deed recorded under County Clerk's
File No. 2016010131 of the Official Records of Brazoria County, Texas.
(Located at 6630 Bailey Road, Pearland, TX.) Zone Change Application
No. ZONE 17-00012, a request of Fangfang Sun and Qianyi He,
applicants/owners; for approval of a change in zoning from Suburban
Residential -15 (SR -15) to a General Commercial (GC) zoning district; on
approximately 3.5818 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, Fangfang Sun and Qianyi He, applicants/owners; is requesting
approval of a change in zoning from Suburban Residential -15 (SR -15) to a General
Commercial (GC) zoning district on approximately 3.5818 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 7th day of August 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. 20001; and
WHEREAS, on the 8th day of August 2017, the Planning and Zoning Commission
submitted its report and recommendation to the City Council regarding the proposed
change in zoning from Suburban Residential -15 (SR -15) to a General Commercial (GC)
zoning district on approximately 3.5818 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 18th day of September
2017 and the 25th day of September 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 Fangfang Sun and Qianyi He, applicants/owners; for approval of a
change in zoning from Suburban Residential -15 (SR -15) to a General Commercial (GC)
zoning district; on approximately 3.5818 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 Suburban
Residential -15 (SR -15), 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: Being a tract of land containing 3.5818 acres (156,022
square feet), situated in the H.T. & B.R.R Co. Survey, Abstract 549, Brazoria
County, Texas, being out of Lot 21 of Allison -Richie Gulf Coast Home Company's
Suburban Gardens Subdivision of Section 24, in Brazoria County, Texas, being
all of tract conveyed unto Charlotte Polasek by deed recorded under County
Clerk's File No. 2016010131 of the Official Records of Brazoria County, Texas.
General Location: 6630 Bailey 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
approval on second and final reading.
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Ord. No. 2000M-160
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2017.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of , 2017.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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Ord. No. 2000M-160
Exhibit A
Legal Description
Being a tract of land containing 3.5818 acres (156,022 square feet), situated in the H.T.
& B.R.R Co. Survey, Abstract 549, Brazoria County, Texas, being out of Lot 21 of
Allison -Richie Gulf Coast Home Company's Suburban Gardens Subdivision of Section
24, in Brazoria County, Texas, being all of tract conveyed unto Charlotte Polasek by
deed recorded under County Clerk's File No. 2016010131 of the Official Records of
Brazoria County, Texas.
Page 5 of 9
Ord. No. 2000M-160
Exhibit 1
AERIAL MAP
ZONE 17-00012
6630 Bailey Road
QSubject Property
J City Limas
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JULY 9017
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Exhibit B
Vicinity Map
Page 6 of 9
Ord. No. 2000M-160
Exhibit C
Legal Ad
To E3e Published in the
PEARLAND JOURNAL
Wednesday, July 19. 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 17-00012
Notice is hereby given that on August 7, 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 Training Room of the Public Safety Building located
on the second floor, located at 2555 Cullen Parkway.
Pearland. Texas at the request of Fangfang Sun and
Qianyi He. applicants/owners, for approval of a change in
zoning from a Suburban Residential -15 (SR -15) to a Gener-
al Commercial (GC) zoning district: on approximately
3.5818 acres of land, to wit:
Being a tract of land containing 3.5818 acres (156,022
square feet), situated in the H.T. & B.R.R Co. Survey. Ab-
stract 549. Brazoria County, Texas, being out of Lot 21 of
Allison -Richie Gulf Coast Home Company's Suburban Gar-
dens Subdivision of Section 24, in Brazoria County, Texas,
being all of tract conveyed unto Charlotte Polasek by deed
recorded under County Clerk's File No. 2016010131 of the
Official Records of Brazoria County, Texas.
General Location: 6630 Bailey Road, Pearland, TX
At said hearing,all interested parties shall have the right
and opportunito appear and be heard on the subject.
For additional information. please contact the Planning De-
partment at 281-652-1765.
Martin Griggs
Senior Planner
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Ord. No. 2000M-160
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
August 8, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 17-00012
Honorable Mayor and City Council Members:
At their regular meeting on August 7, 2017, the Planning and Zoning Commission
considered the following:
A request of Fangfang Sun and Qianyi He, applicants/owners; for approval of a
change in zoning from Suburban Residential -15 (SR -15) to a General
Commercial (GC) zoning district; on approximately 3.5818 acres of land.
General Location: 6630 Bailey Road, Pearland, TX.
P&Z Vice -Chairperson Thomas Duncan made the motion to recommend approval of
Zone Change Application No. ZONE 17-00012, P&Z Commissioner Derrell Isenberg
seconded the motion. The motion to recommend approval of the change in zoning to
General Commercial was denied by a vote of 0-4. P&Z Chairperson Daniel Tunstall,
P&Z Vice -Chairperson Thomas Duncan, and P&Z Commissioners Derrell Isenberg and
Mary Starr voted in opposition of the motion.
Page 8 of 9
Ord. No. 2000M-160
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-160