Ord. 2000M-0169 2018-04-23 Ordinance No. 2000M-169
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 9.719 acres, located in the R.T Blackburn Survey, Abstract
160, in Harris County, Texas; said 9.719 acre tract being out of Lot 30 of
Orchard Ridge Addition to Almeda, a subdivision of record in Volume 64,
Page 7, of the Harris County Deed Records (H.C.D.R.), same being all of the
remainder of a called 9.7917 acre tract of land recorded in the name of John
Clinton Bybee, Jr., in Harris County Clerk's File Number (H.C.C.F. No.)
20130220749. (South of Riley Road, east side of Almeda School Road,
immediately south of 14739 Almeda School Road, Pearland, TX.) Zone
Change Application No. ZONE 18-00001, a request of Edward Lang
representing Biggie Crane and Rigging, applicant, on behalf of John Clinton
Bybee Jr., 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 9.719 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, Edward Lang representing Biggie Crane and Rigging, applicant, on
behalf of John Clinton Bybee Jr., 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 9.719 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 change in zoning from the Spectrum District Sub-district 5 (S5) zoning to a
Light Industrial (M-1) zoning district on approximately 9.719 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 Edward Lang representing Biggie Crane and Rigging, applicant, on
behalf of John Clinton Bybee Jr., 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 9.719 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), 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
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Ord. No. 2000M-169
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 a tract of land containing 9.719 acres, located in the
R.T Blackburn Survey, Abstract 160, in Harris County, Texas; said 9.719 acre
tract being out of Lot 30 of Orchard Ridge Addition to Almeda, a subdivision of
record in Volume 64, Page 7, of the Harris County Deed Records (H.C.D.R.),
same being all of the remainder of a called 9.7917 acre tract of land recorded in
the name of John Clinton Bybee, Jr., in Harris County Clerk's File Number
(H.C.C.F. No.) 20130220749.
General Location: South of Riley Road, east side of Almeda School Road,
immediately south of 14739 Almeda School 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
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Ord. No. 2000M-169
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. `
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TOM REID
MAYOR
ATTEST:
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of April, 2018.
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TOM REID
MAYOR
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Page 4 of 9
Ord. No. 2000M-169
Ordinance No. 2000M-169
Exhibit "A"
Exhibit A
Legal Description
Being a tract of land containing 9.719 acres, located in the R.T Blackburn Survey,
Abstract 160, in Harris County, Texas; said 9.719 acre tract being out of Lot 30 of
Orchard Ridge Addition to Almeda, a subdivision of record in Volume 64, Page 7, of the
Harris County Deed Records (H.C.D.R.), same being all of the remainder of a called
9.7917 acre tract of land recorded in the name of John Clinton Bybee, Jr., in Harris
County Clerk's File Number (H.C.C.F. No.) 20130220749.
Page 5 of 9
Ord. No. 2000M-169
Ordinance No. 2000M-169
Exhibit "B"
Exhibit B
Vicinity Map
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Page 6 of 9
Ord. No. 2000M-169
Ordinance No. 2000M-169
Exhibit "C"
Exhibit C
Legal Ad
NOTICE OFA JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: ZONE 18-00001
Notice is hereby given that on March 19, 2018, at 6:30 pin., 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 of Edward Lang representing Biggie Crane and Rigging, applicanton
behalf of John Clinton Bybee Jr., 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 9.719 acres of land, to wit:
Being a traclof land containing 9.719 acres, located in the R.T Blackburn Survey...
Abstract 160, in Harris County, Texas; said 9.719 acre tract being out of Lot 30
of Orchard Ridge Addition to Almeda, a subdivision of record in Volume 64,Page
7, of the Harris County Deed Records (KC-D.R.), same being all of the remain•
der of a called 9.7917 acre tract of land recorded in the name of John Clinton
Bybee, Jr., in Harris County Clerk's File Number (H.C.C.F. No.) 20130220749
General Location:South of Riley Road, east side of Almeda School Road, imme•
diately south of 14739 Almeda School Road,
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.
Marlin Griggs
Senior Planner
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Ord. No. 2000M-169
Ordinance No. 2000M-169
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
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est. 189A
Planning & 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 18-00001
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 Edward Lang representing Biggie Crane and Rigging, applicant, on
behalf of John Clinton Bybee Jr., 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 9.719 acres of land.
General Location: South of Riley Road, east side of Almeda School Road,
immediately south of 14739 Almeda School Road, Pearland, TX.
P&Z Commissioner Mary Starr made a motion to recommend approval of Zone Change
application No. ZONE 18-00001, P&Z Vice-Chairperson Thomas Duncan seconded the
motion. The motion passed by a vote of 5-0. Chairperson Daniel Tunstall, P&Z Vice-
Chairperson Thomas Duncan, and Commissioners Layni Cade, David Selsky, and Mary
Starr voted in favor of the motion.
Page 8 of 9
Ord. No. 2000M-169
Sincerely,
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Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-169