Ord. 2000M-179 2018-12-17 Ordinance No. 2000M-179
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, Tract "A" Field
note description of 1.619 acres being out of and a part of Lot 14, of
Masterson Subdivision, Section 5, in the H.T.&B.R.R. Survey, Abstract 237,
Brazoria County, Texas, according to the recorded map or plat thereof
recorded in Volume 28, Page 6 of the deed records of Brazoria County,
Texas and being a part of that tract of land as conveyed be Robert J.
Heinrich and wife, Janice Jo Ann Heinrich to Lenard R. West and wife,
Kathleen M. West as recorded in Volume 1301, Page 620 of the Brazoria
County Deed Records on July 30, 1976 and Tract "B" Field note description
of 1.619 acres being out of and a part of Lot 14, of Masterson Subdivision,
Section 5, in the H.T.&B.R.R. Survey, Abstract 237, Brazoria County, Texas,
according to the recorded map or plat thereof recorded in Volume 28, Page 6
of the deed records of Brazoria County, Texas and being a part of that tract
of land as conveyed be Robert J. Heinrich and wife, Janice Jo Ann Heinrich
to Lenard R. West and wife, Kathleen M. West as recorded in Volume 1301,
Page 620 of the Brazoria County Deed Records on July 30, 1976. (1915
Hatfield Road, Pearland TX.) Zone Change Application No. ZONE 18-
00020, a request of Larry West, Sr. and Kathleen Ellis, applicant/owner;
approval of a change in the zoning classification from the Light
Industrial (M-1) to Single-Family Estate (RE) zoning district; on
approximately 3.238 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, Larry West, Sr. and Kathleen Ellis, applicant/owner; are requesting
approval of a change in the zoning classification from Light Industrial (M-1) zoning
district to Single-Family Estate (RE) zoning district on approximately 3.238 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 November 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 November 2018, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed change in the zoning classification from Light Industrial (M-1) zoning district to
Single-Family Estate (RE) zoning district on approximately 3.238 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 10th day of December
2018 and the 17th day of December 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 Larry West, Sr. and Kathleen Ellis, applicant/owner; for approval of
a change in the zoning classification from Light Industrial (M-1) zoning district to Single-
Family Estate (RE) zoning district; on approximately 3.238 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:
Page 2 of 9
Ord. No. 2000M-179
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently being located within the Light
Industrial (M-1) zoning district, is hereby granted a change in zoning to Single-Family
Estate (RE) 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:
Tract "A"
Field note description of 1.619 acres being out of and a part of Lot 14, of
Masterson Subdivision, Section 5, in the H.T.&B.R.R. Survey, Abstract 237,
Brazoria County, Texas, according to the recorded map or plat thereof recorded
in Volume 28, Page 6 of the deed records of Brazoria County, Texas and being a
part of that tract of land as conveyed be Robert J. Heinrich and wife, Janice Jo
Ann Heinrich to Lenard R. West and wife, Kathleen M. West as recorded in
Volume 1301, Page 620 of the Brazoria County Deed Records on July 30, 1976.
Tract "B"
Field note description of 1.619 acres being out of and a part of Lot 14, of
Masterson Subdivision, Section 5, in the H.T.&B.R.R. Survey, Abstract 237,
Brazoria County, Texas, according to the recorded map or plat thereof recorded
in Volume 28, Page 6 of the deed records of Brazoria County, Texas and being a
part of that tract of land as conveyed be Robert J. Heinrich and wife, Janice Jo
Ann Heinrich to Lenard R. West and wife, Kathleen M. West as recorded in
Volume 1301, Page 620 of the Brazoria County Deed Records on July 30, 1976.
General Location: 1915 Hatfield 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.
Page 3 of 9
Ord. No. 2000M-179
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.
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
December, 2018.
TOM REID
MAYOR
ATTEST:
e.C•ARLAI A.
Aye NGr 4 -FI G, ' U`. '>
Y S CRETAR •
Page 4 of 9
Ord. No. 2000M-179
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 17th
day of December, 2018. Q5-di
TOM REID
MAYOR
ATTEST:
fits 4
Y Sr ' RETA' . .
APPROVED AS TO FORM:
C
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 9
Ord. No. 2000M-179
Exhibit A
Legal Description
Tract "A"
Field note description of 1.619 acres being out of and a part of Lot 14, of Masterson
Subdivision, Section 5, in the H.T.&B.R.R. Survey, Abstract 237, Brazoria County,
Texas, according to the recorded map or plat thereof recorded in Volume 28, Page 6 of
the deed records of Brazoria County, Texas and being a part of that tract of land as
conveyed be Robert J. Heinrich and wife, Janice Jo Ann Heinrich to Lenard R. West
and wife, Kathleen M. West as recorded in Volume 1301, Page 620 of the Brazoria
County Deed Records on July 30, 1976.
Tract "B"
Field note description of 1.619 acres being out of and a part of Lot 14, of Masterson
Subdivision, Section 5, in the H.T.&B.R.R. Survey, Abstract 237, Brazoria County,
Texas, according to the recorded map or plat thereof recorded in Volume 28, Page 6 of
the deed records of Brazoria County, Texas and being a part of that tract of land as
conveyed be Robert J. Heinrich and wife, Janice Jo Ann Heinrich to Lenard R. West
and wife, Kathleen M. West as recorded in Volume 1301, Page 620 of the Brazoria
County Deed Records on July 30, 1976.
Page 6 of 9
Ord. No. 2000M-179
Exhibit B
Vicinity Map
Low Density Residential
Exhibit 2
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Future Land Use Plan
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Page 7 of 9
Ord. No. 2000M-179
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 18-00020
Notice is hereby given that on November 19.2018,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 hearing in the Council
Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, at the
request of Larry West, Sr. and Kathleen Ellis. applicant/owner:for approval of a
change in the zoning classification from the Light Industrial (M-1) to Single-
Family Estate (RE) zoning district; on approximately 3.238 acres of land,to wit:
Tract "A"
Field note description of 1.619 acres being out of and a part of Lot 14, of
Masterson Subdivision, Section 5, in the H.T.&B.R.R. Survey. Abstract 237,
Brazoria County, Texas, according to the recorded map or plat thereof recorded
in Volume 28, Page 6 of the deed records of Brazoria County, Texas and being
a part of that tract of land as conveyed be Robert J. Heinrich and wife,Janice Jo
Ann Heinrich to Lenard R, West and wife, Kathleen M. West as recorded in
Volume 1301, Page 620 of the Brazoria County Deed Records on July 30, 1976.
Tract "B"
Field note description of 1.619 acres being out of and a part of Lot 14, of
Masterson Subdivision, Section 5, in the H.T.&B.R.R. Survey, Abstract 237,
Brazoria County, Texas, according to the recorded map or plat thereof recorded
in Volume 28, Page 6 of the deed records of Brazoria County, Texas and being
a part of that tract of land as conveyed be Robert J. Heinrich and wife,Janice Jo
Ann Heinrich to Lenard R. West and wife, Kathleen M. West as recorded in
Volume 1301, Page 620 of the Brazoria County Deed Records on July 30, 1976.
General Location: 1915 Hatfield Road, Pearfand 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.
Martin Griggs
Planning Manager
Page 8 of 9
Ord. No. 2000M-179
Exhibit D
Planning and Zoning Commission Recommendation Letter
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gZoningP annin
Recommendation Letter
November 20, 2018
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 18-00020
Honorable Mayor and City Council Members:
At their regular meeting on November 19, 2018, the Planning and Zoning Commission
considered the following:
A request of Larry West, Sr. and Kathleen Ellis, applicant/owner; for approval of a
change in the zoning classification from Light Industrial (M-1) zoning district to
Single-Family Estate (RE) zoning district; on approximately 3.238 acres of land.
General Location: 1915 Hatfield Road, Pearland TX.
Commissioner Starr made a motion to approve. Chairperson Tunstall seconded the
motion. There was no additional discussion. The motion was approved by a vote of 6-1.
Chairperson Tunstall, Vice-Chairperson Duncan and Commissioners Cade, Isenberg,
Pradia, and Starr were in favor of the motion. Commissioner Wicker was in opposition.
Sincerely,
/1"1" 4rie„,
Martin Griggs
Planning Manager
On behalf of the Planning and Zoning Commission
Page 9 of 9
Ord. No. 2000M-179