Ord. 2000M-0164 2017-10-09 FAILEDOrdinance No. 2000M-164
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 the east
181.00 feet of Lot 2 in Block 5 of Herridge Miller Subdivision of 102 acres of
land in Section 5, H.T. & B. R. R. Company Survey, Abstract 237, a
subdivision in Brazoria County, Texas, according to the map or plat thereof
recorded in Volume 734, Page 237 of the Map Records of Brazoria County,
Texas. (6518 Rice Road, Pearland, TX.) Zone Change Application No.
ZONE 17-00017, a request of Amanda R. Bennett, applicant/owner; for
approval of a change in zoning from Single-Family Residential (R-1) to
a General Commercial (GC) zoning district; on approximately 1.98 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, Amanda R. Bennett, applicant/owner; is requesting approval of a
change in zoning from Single-Family Residential (R-1) to a General Commercial (GC)
zoning district on approximately 1.98 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 11th day of September 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 11th day of September 2017, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed change in zoning from Single-Family Residential (R-1) to a General
Failed as of October 9, 2017
Commercial (GC) zoning district on approximately 1.98 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 9th day of October 2017
and the 23rd day of October 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 Amanda R. Bennett, applicant/owner; for approval of a change in
zoning from Single-Family Residential (R-1) to a General Commercial (GC) zoning
district; on approximately 1.98 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 Single-Family
Residential (R-1), 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:
Legal Description: Being the east 181.00 feet of Lot 2 in Block 5 of Herridge
Miller Subdivision of 102 acres of land in Section 5, H.T. & B. R.R. Company
Survey, Abstract 237, a subdivision in Brazoria County, Texas, according to the
map or plat thereof recorded in Volume 734, Page 237 of the Map Records of
Page 2 of 9
Ord. No. 2000M-164
Brazoria County, Texas.
General Location: 6518 Rice 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.
Page 3 of 9
Ord. No. 2000M-164
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of October,
2017.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of October, 2017.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 9
Ord. No. 2000M-164
Exhibit A
Legal Description
Being the east 181.00 feet of Lot 2 in Block 5 of Herridge Miller Subdivision of 102 acres
of land in Section 5, H.T. & B. R.R. Company Survey, Abstract 237, a subdivision in
Brazoria County, Texas, according to the map or plat thereof recorded in Volume 734,
Page 237 of the Map Records of Brazoria County, Texas.
Page 5 of 9
Ord. No. 2000M-164
Exhibit B
Vicinity Map
EXHIBIT 1
1,40.3
AERIAL MAP
ZONE 17-00017
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Page 6 of 9
Ord. No. 2000M-164
Exhibit C
Legal Ad
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 17-00017
Notice is hereby given that on September 11 , 2017, at 6:30 p.m., the City
Council and Planning and Zoning Commission of the City of Pearland,
Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public
n
hear-
ing in the Training Room of the Public Safety Building located on thesecondnd
floor, located at 2555 Cullen Parkway, Pearland, Texas at the request of Amanda
R.Bennett, applicant/owner, for approval of a change in zoning from a Single-
Family Residential-1 (R-1) to a General Commercial (GC) zoning district; on
approximately 1 .98 acres of land, to wit:
Being the east 181 .00 feet of Lot 2 in Block 5 of Herridge Miller Subdivision of
102 acres of land in Section 5, H.T. & B. R.R. Company Survey, Abstract 237, a
subdivision in Brazoria County, Texas, according to the map or plat thereof
recorded in Volume 734, Page 237 of the Map Records of Brazoria County,
Texas.
General Location: 6518 Rice 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 Department at 281-652-1765.
Armon Irones
Planner
Page 7 of 9
Ord. No. 2000M-164
o' Pf9'Pe AIR - 0594
AGENDA REQUEST
A- BUSINESS OF THE CITY COUNCIL
TEX AS CITY OF PEARLAND, TEXAS
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s9A
AGENDA OF: Joint Public Hearing - Sep. 11, 2017
DATE SUBMITTED: 17 Aug 2017 DEPT. OF ORIGIN:Planning and Community
Development
PREPARED BY: Armon Irones
SUBJECT: Zone Change Application No. ZONE 17-00017
A request of Amanda R. Bennett, applicant/owner, for approval of a change in zoning
from a Single-Family Residential (R-1) to a General Commercial (GC) zoning district;
on approximately 1.98 acres of land.
Legal Description:
Being the east 181.00 feet of Lot 2 in Block 5 of Herridge Miller Subdivision of 102
acres of land in Section 5, H.T. & B. R.R. Company Survey, Abstract 237, a
subdivision in Brazoria County, Texas, according to the map or plat thereof recorded
in Volume 734, Page 237 of the Map Records of Brazoria County, Texas.
General Location:
6518 Rice Road, Pearland, TX.
ATTACHMENTS: Aerial Map
Zoning Map
Future Land Use Map
Notification Map
Notification List
Applicant Packet
FUNDING: 0 Grant 0 Developer/Other Cash
G.O. Bonds To Be Sold 0 G.O. Bonds-Sold 0 Rev. Bonds to Be Sold
Rev. Bonds-Sold 0 C.O.'s To Be Sold 0 C.O.'s-Sold
EXECUTIVE SUMMARY
Page 1 of 15
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2407 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randall S, Emmons, hereby certify that the notice hereby appended
was published in the REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for
Issues as follows:
i
No. T Date AA.,. . 3 20 /7
o
No.Date 20
No.Date 20
4?/i/Aikn evt v izefr,-4-—
President
Subscribe and sworn to before me this o? day 0 i' Da.
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f / AliP>i
Laura a nn Emmons, Publisher
Notary Public, State of Texas
wti LAURA ANN EMMONS
9 `, f: NOTARY PUBLIC
STATE OF TEXAS s
ops'' My Commission Expires 09-01-?)18
WOilb WI. •t. 41•41 iK•i
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Exhibit D
Planning and Zoning Commission Recommendation Letter
fit . PEd.te
XAS
Est ,599
Planning Zoning Commission
Recommendation Letter
September 12, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 17-00017
Honorable Mayor and City Council Members:
At their regular meeting on September 11, 2017, the Planning and Zoning Commission
considered the following:
A request of Amanda R. Bennett, applicant/owner; for approval of a change in
zoning from Single-Family Residential (R-1) to a General Commercial (GC)
zoning district; on approximately 1.98 acres of land.
General Location: 6518 Rice Road, Pearland, TX.
P&Z Commissioner David Selsky made the motion to recommend approval of Zone
Change Application No. ZONE 17-00017, P&Z Vice-Chairperson Thomas Duncan
seconded the motion. The motion to recommend approval of the change in zoning to
General Commercial was approved by a vote of 4-1. P&Z Chairperson Daniel Tunstall,
P&Z Vice-Chairperson Thomas Duncan, and P&Z Commissioners David Selsky and
Mary Starr voted in favor of the motion. P&Z Commission Derrell Isenberg voted in
opposition of the motion. P&Z Chairperson Daniel Tunstall commented on his reason forvotingyeswasbecausehedoesn't think it's right for the City to put zoning on top of a
property that will split it.
Page 8 of 9
Ord. No. 2000M-164
Sincerely,
4r•l;F-
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 9
Ord. No. 2000M-164