Ord. 2000M-182 2019-04-22 Ordinance No. 2000M-182
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, Lot C, Block 1 of
the Kingsley Retail Addition, an addition in the City of Pearland, Brazoria
County, Texas, according to the plat recorded in File No. 2018048675 in the
Plat Records of Brazoria County, Texas. (3100 block of Kingsley Drive)
Zone Change Application No. ZONE 19-00002, a request by Steve Hextell,
BROP, LLC, applicant, on behalf of Pei Nan Tsou, representing Beltway 23
LTD, owner; for approval of an amendment to the regulations of the
Kingsley & Broadway Planned Development District; on approximately
9.20 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, Steve Hextell, BROP, LLC, applicant, on behalf of Pei Nan Tsou,
representing Beltway 23 LTD, owner; is requesting approval of amendment to the
Kingsley & Broadway Planned Development District; on approximately 9.20 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 18th day of March 2019, 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 19th day of March 2019, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed amendment to the regulations of the Kingsley & Broadway Park Planned
Development District on approximately 9.20 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 8th day of April 2019 and
the 22nd day of April 2019; 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 Steve Hextell, BROP, LLC, applicant, on behalf of Pei Nan Tsou,
representing Beltway 23 LTD, owner; for approval of amendment to the Kingsley &
Broadway Planned Development District; on approximately 9.20 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 Planned
Development zoning district, is hereby granted approval of amendments to the text
within the Kingsley & Broadway Planned Development District, and the Kingsley &
Broadway amendment #1 attached hereto and made a part hereof for all purposes as
Exhibit "E", in accordance with all conditions and requirements of the current Unified
Development Code and the following conditions approved by the City Council and
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Ord. No. 2000M-182
incorporated for all purposes, such property being more particularly described as:
Legal Description:
Lot C, Block 1 of the Kingsley Retail Addition, an addition in the City of Pearland,
Brazoria County, Texas, according to the plat recorded in File No. 2018048675 in
the Plat Records of Brazoria County, Texas.
General Location: 3100 block of Kingsley Drive, Pearland Texas
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.
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Ord. No. 2000M-182
PASSED, APPROVED, and ADOPTED on First Reading this 8th day of April,
2019.
ace
TOM REID
MAYOR
ATTEST:
ouNG P I RMS
•ITY S rRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd
day of April, 2019.
l
TOM REID
MAYOR
TTEST: •\`‘‘6I ,''%
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S CRETARY �� -
APPROVED AS TO FORM:
n sa-
DARRIN M. COKER
CITY ATTORNEY
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Ord. No. 2000M-182
Exhibit A
Legal Description
Lot C, Block 1 of the Kingsley Retail Addition, an addition in the City of Pearland,
Brazoria County, Texas, according to the plat recorded in File No. 2018048675 in the
Plat Records of Brazoria County, Texas.
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Ord. No. 2000M-182
Exhibit B
Vicinity Map
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m Future Land Use Plan I
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Ord. No. 2000M-182
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 19-00002
Notice is hereby given that on March 18, 2019, 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 Steve Hextell, BROP, LLC., applicant, on behalf of Pei Nan Tsou, rep-
resenting Beltway 23 LTD, owner, for approval of a zoning change to amend the
Kingsley & Broadway Planned Development District; on approximately 9.20
acres of land, to wit:
Legal Description: Lot C, Block 1 of the Kingsley Retail Addition, an addition in
the City of Pearland. Brazoria County, Texas, according to the plat recorded in
File No. 2018048675 in the Plat Records of Brazoria County, Texas.
General Location: 3100 Block of Kingsley Drive, Pearland, Texas.
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.
Mohamed A. Bireima, AICP
Planner II
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Ord. No. 2000M-182
Exhibit D
Planning and Zoning Commission Recommendation Letter
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Recommendation Letter
March 19, 2019
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 19-00002
Honorable Mayor and City Council Members:
At their regular meeting on March 18, 2019, the Planning and Zoning Commission
considered the following:
a request by Steve Hextell, BROP, LLC, applicant, on behalf of Pei Nan Tsou,
representing Beltway 23 LTD, owner; for approval of an amendment to the
regulations of the Kingsley & Broadway Planned Development District; on
approximately 9.20 acres of land.
General Location: 3100 block of Kingsley, Pearland TX.
Commissioner Starr made a motion to approve. Vice-Chairperson Duncan seconded
the motion. Planning Manager Martin Griggs discussed the lighting issue raised during
the Joint Public Hearing. There was no amendment to the motion. The motion was
approved by a vote of 6-0. Chairperson Tunstall, Vice-Chairperson Duncan and
Commissioners Cade, Isenberg, Starr, and Wicker were in favor of the motion.
Sincerely,
ne-PA 4r0.
Martin Griggs
Planning Manager
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Ord. No. 2000M-182
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-182