Ord. 2000M-0168 2018-04-23 Ordinance No. 2000M-168
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 tract or parcel
containing 8.438 acres or 367,536 square feet of land being part of the
residue of a called 118.755 acre tract of land conveyed to Marion E.
Settegast Jr., et al as recorded in Volume 1421, Page 25 of the Brazoria
County Deed Records (B.C.D.R.), situated in the Thomas J. Green survey,
Abstract No. 198, Brazoria County, Texas. (North and east of 2550
Pearland Parkway directly across from Shallow Creek Drive, Pearland,
TX.) Zone Change Application No. ZONE 18-00002, a request of Pengo
Realty, LLC. Represented by Andrew Allemand of Windrose Land Services,
applicant, on behalf of Sealy Carlita Settegast and Brentwood Partners, LP
representing Beeman Strong & Co. Inc., owner; approval of an addendum
to add land and change the zoning from the Single-Family Residential-2
(R-2) zoning district to a Planned Development (PD) (Center at Pearland
Parkway) zoning district; on approximately 8.438 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, Pengo Realty, LLC. Represented by Andrew Allemand of Windrose
Land Services, applicant, on behalf of Sealy Carlita Settegast and Brentwood Partners,
LP representing Beeman Strong & Co. Inc., owner; is requesting approval of an
addendum to add land and change the zoning from the Single-Family Residential-2 (R-
2) zoning district to a Planned Development (PD) (Center at Pearland Parkway) zoning
district on approximately 8.438 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 March 2018, 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 2018, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed addendum to add land and change the zoning from the Single-Family
Residential-2 (R-2) zoning district to a Planned Development (PD) (Center at Pearland
Parkway) zoning district on approximately 8.438 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 April 2018 and
the 23rd day of April 2018; 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 Pengo Realty, LLC. Represented by Andrew Allemand of Windrose
Land Services, applicant, on behalf of Sealy Carlita Settegast and Brentwood Partners,
LP representing Beeman Strong & Co. Inc., owner; for approval of an addendum to add
land and change the zoning from the Single-Family Residential-2 (R-2) zoning district to
a Planned Development (PD) (Center at Pearland Parkway) zoning district; on
approximately 8.438 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:
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Ord. No. 2000M-168
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently being located within the an
addendum to add land and change the zoning from the Single-Family Residential-2 (R-
2) zoning district and Planned Development (PD) (Center at Pearland Parkway) zoning
district, is hereby granted a change in zoning to a Planned Development (PD) zoning
district 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: a tract or parcel containing 8.438 acres or 367,536 square
feet of land being part of the residue of a called 118.755 acre tract of land
conveyed to Marion E. Settegast Jr., et al as recorded in Volume 1421, Page 25
of the Brazoria County Deed Records (B.C.D.R.), situated in the Thomas J.
Green survey, Abstract No. 198, Brazoria County, Texas.
General Location: North and east of 2550 Pearland Parkway directly across
from Shallow Creek Drive, 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
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Ord. No. 2000M-168
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.
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of April,
2018.
TOM REID
MAYOR
ATTEST:
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CITY ` "CRETA'Y •`'
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of April, 2018.
TOM REID
MAYOR
Page 4 of 10
Ord. No. 2000M-168
ATTEST:
oUNG itoRFING RIV -.
TY S CRETAR
APPROVED AS TO FORM:
C h.,
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 10
Ord. No. 2000M-168
Ordinance No. 2000M-168
Exhibit "A"
Exhibit A
Legal Description
A tract or parcel containing 8.438 acres or 367,536 square feet of land being part of the
residue of a called 118.755 acre tract of land conveyed to Marion E. Settegast Jr., et al
as recorded in Volume 1421, Page 25 of the Brazoria County Deed Records (B.C.D.R.),
situated in the Thomas J. Green survey, Abstract No. 198, Brazoria County, Texas.
Page 6 of 10
Ord. No. 2000M-168
Ordinance No. 2000M-168
Exhibit "B"
Exhibit B
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Page 7 of 10
Ord. No. 2000M-168
Ordinance No. 2000M-168
Exhibit "C"
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 18-00002
Notice is hereby given that on March 19, 2018, al 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 01 Pengo Realty, LLC. Represented by Andrew Ailemend of Windrow
Land Services, applicant, on behalf of Sealy Carlita Settegast and Brentwood
Partners, LP representing Beeman Strong & Co. Inc., owner; for approval of an
addendum to add land and change the zoning from the Single-Family
Residential-2 (R-2) zoning district to a Planned Development (PD) {Center al
Pearland Parkway) zoning district; on approximately 8.438 acres of land, to wit:
A tract or parcel containing 8.438 acres or 367,536 square feet of land being part
of the residue of a called 118.755 acre tract of land conveyed to Marion E.
Settegast Jr., et al as recorded in Volume 1421. Page 25 of the Brazoria County
Deed Records (B.C.D.R.), situated in the Thomas J. Green survey, Abstract No.
198, Brazoria County, Texas.
General Location: North and east of 2550 Pearland Parkway directly across from
Shallow Creek Drive_
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.
tylartin Griggs
Senior Planner
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Ord. No. 2000M-168
Ordinance No. 2000M-168
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
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P1annin & Zoning Commission
Recommendation Letter
March 20, 2018
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 18-00002
Honorable Mayor and City Council Members:
At their regular meeting on March 19, 2018, the Planning and Zoning Commission
considered the following:
A request of Pengo Realty, LLC. Represented by Andrew Allemand of Windrose
Land Services, applicant, on behalf of Sealy Carlita Settegast and Brentwood
Partners, LP representing Beeman Strong & Co. Inc., owner; for approval of an
addendum to add land and change the zoning from the Single-Family
Residential-2 (R-2) zoning district to a Planned Development (PD) (Center at
Pearland Parkway) zoning district; on approximately 8.438 acres of land.
General Location: North and east of 2550 Pearland Parkway directly across from
Shallow Creek Drive, Pearland, TX.
P&Z Vice-Chairperson Thomas Duncan made a motion to amend the original motion to
include Staff recommendations one thru four which was presented by Staff, P&Z
Commissioner Mary Starr seconded the motion. The motion to amend the original
motion passed 5-0. P&Z Vice-Chairperson Thomas Duncan commented to approve the
zone change with the recommendations and let Staff work with the developer to figure
out the super street concept or install traffic signals. P&Z Chairperson Daniel Tunstall
was in agreement with Staff's recommendations. A discussion ensued on the TIA and
the traffic signals location and guidelines. The motion passed by a vote of 5-0.
Chairperson Daniel Tunstall, P&Z Vice-Chairperson Thomas Duncan, and
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Ord. No. 2000M-168
Commissioners Layni Cade, David Selsky, and Mary Starr voted in favor of the motion.
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-168