Ord. 2000M-0165 2017-10-23Ordinance No. 2000M-165
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 9.874 -acre
tract in the H.T. & B.R.R. Co. Survey, Section 9, Abstract No. 234 in Brazoria
County, Texas. Said 9.874 -acre tract is part of Lot 27 of the Allison -Richey
Gulf Coast Home Company's Part of Suburban Gardens Subdivision as
recorded in Volume 2, Page 23 in the Brazoria County Plat Records. (2409
and 2421 Max Road, Pearland, TX) Zone Change Application No. ZONE
17-00016, a request of George Gartner, applicant, on behalf of Julia Faye
Ross, owner: for approval of a change in zoning from Suburban
Residential -12 (SR -12) to a General Commercial (GC) zoning district; on
approximately 9.874 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, George Gartner, applicant. on behalf of Julia Faye Ross, owner; is
requesting approval of a change in zoning from Suburban Residential -12 (SR -12) to a
General Commercial (GC) zoning district on approximately 9.874 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 Suburban Residential -12 (SR -12) to a General
Commercial (GC) zoning district on approximately 9.874 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 George Gartner, applicant, on behalf of Julia Faye Ross, owner; for
approval of a change in zoning from Suburban Residential -12 (SR -12) to a General
Commercial (GC) zoning district; on approximately 9.874 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 -12 (SR -12), 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
Page 2 of 9
Ord. No. 2000M-165
described as:
Legal Description: Being a 9.874 -acre tract in the H.T. & B.R.R. Co. Survey,
Section 9, Abstract No. 234 in Brazoria County, Texas. Said 9.874 -acre tract is
part of Lot 27 of the Allison -Richey Gulf Coast Home Company's Part of
Suburban Gardens Subdivision as recorded in Volume 2, Page 23 in the Brazoria
County Plat Records.
General Location: 2409 and 2421 Max 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
Page 3 of 9
Ord. No. 2000M-165
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of October,
2
2017.
ATTEST:
Y1�UNG IN , TRiMC
CITY SECRETARY
TOM REID
MAYOR
,'//iI111111\\`\\
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of October, 2017.
ATTEST:
UNG ORFIN
ITY gECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
111111,/
Page 4 of 9
Ord. No. 2000M-165
Exhibit A
Legal Description
Being a 9.874 -acre tract in the H.T. & B.R.R. Co. Survey, Section 9, Abstract No. 234 in
Brazoria County, Texas. Said 9.874 -acre tract is part of Lot 27 of the Allison -Richey Gulf
Coast Home Company's Part of Suburban Gardens Subdivision as recorded in Volume
2, Page 23 in the Brazoria County Plat Records.
Page 5 of 9
Ord. No. 2000M-165
Exhibit B
Vicinity Map
EXHIBIT 1
AERIAL MAP
ZONE 17-00016
2409 and 2421 Max Road
ElSubject Property
Li Crty Limits
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rr .4.86.4.861•1*koraIeogend1.. .. .u.•
mar
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dx. ew ermwet eap?- w•e••
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ypeeei
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1 inch a 667 feet
AUOQMT I
hill DEPAKTMENT
Page 6 of 9
Ord. No. 2000M-165
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 17-00016
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, in
Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hear-
ing 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 George
Gartner. applicant, on behalf of Julia Faye Ross. owner; for approval of a
change in zoning from a Suburban Residential -12 (SR -12) to a General
Commercial (GC) zoning district; on approximately 9.874 acres of land, to wit:
Being a 9.874 -acre tract in the H.T. & B.R.R. Co. Survey, Section 9, Abstract No.
234 in Brazoria County. Texas. Said 9.874 -acre tract is part of Lot 27 of the
Allison -Richey Gulf Coast Home Company's Part of Suburban Gardens
Subdivision as recorded in Volume 2. Page 23 in the Brazoria County Plat
Records.
General Location: 2409 and 2421 Max 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-165
AIR - 0614
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
AGENDA OF:
DATE SUBMITTED:
PREPARED BY:
Joint Public Hearing - Sep. 11, 2017
01 Sep 2017
Martin Griggs
DEPT. OF ORIGIN: Community Development
SUBJECT: Zone Change Application No. ZONE 17-00016
A request of George Gartner, applicant, on behalf of Julia Faye Ross, owner; for
approval of a change in zoning from a Suburban Residential -12 (SR -12) to a General
Commercial (GC) zoning district; on approximately 9.874 acres of land.
Legal Description:
Being a 9.874 -acre tract in the H.T. & B.R.R. Co. Survey, Section 9, Abstract No. 234
in Brazoria County, Texas. Said 9.874 -acre tract is part of Lot 27 of the Allison -Richey
Gulf Coast Home Company's Part of Suburban Gardens Subdivision as recorded in
Volume 2, Page 23 in the Brazoria County Plat Records.
General Location:
2409 and 2421 Max Road, Pearland, TX
ATTACHMENTS: Aerial Map
Zoning Map
FLUP Map
Notification Map
Notification List
Applicant Packet
FUNDING:
❑ Grant 0 Developer/Other 0 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 17
AFFIDAVIT OF PUBLICATION
The Peartand Reporter News
2407 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
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:
No. / Date
No. Date
No. Date
320 /7
20
20
President
Subscribe and sworn to before me this, day o
0/
Laura • nn Emmons, Publisher
Notary Public, State of Texas
LAURA ANN EMMONS
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expi es 09-(? ?:)18
4
Exhibit D
Planning and Zoning Commission Recommendation Letter
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 17-00016
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 George Gartner, applicant, on behalf of Julia Faye Ross, owner; for
approval of a change in zoning from Suburban Residential -12 (SR -12) to a
General Commercial (GC) zoning district; on approximately 9.874 acres of land.
General Location: 2409 and 2421 Max Road, Pearland, TX.
P&Z Commissioner Derrell Isenberg made the motion to recommend approval of Zone
Change Application No. ZONE 17-00016, P&Z Commissioner Mary Starr seconded the
motion. The motion to recommend approval of the change in zoning to General
Commercial was approved by a vote of 5-0. P&Z Chairperson Daniel Tunstall, P&Z
Vice -Chairperson Thomas Duncan. and P&Z Commissioners David Selsky, Derrell
Isenberg, and Mary Starr voted in favor of the motion.
Page 8 of 9
Ord. No. 2000M-165
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-165