Ord. 2000M-183 2019-04-22 Ordinance No. 2000M-183
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 3.1988
acre tract of land situated in the HT&B RR Co Survey, Abstract No. 547,
Brazoria County, Texas, being a portion of Lot 12, Section 18, of the
Kanawha Texas Company Subdivision of parts of Sections 18 & 22 of the
HT&B RR Co Surveys, as recorded in Volume 2, Page 51, Plat Records of
Brazoria County, Texas, being a portion that certain tract of land described in
deed to Norman W. Hicks, Sr. and wife, Shelia Hicks, as recorded in Volume
91865, Page 818, Official Records of Brazoria County, Texas (O.R.B.C.T.).
(East of Charles Avenue, west of the Pearland ISD West Bus Barn,
north of the intersection of Bailey Road and CR 101C, with an
approximate address of 7409 Bailey Road.) Zone Change Application No.
ZONE 18-00023, a request by Spencer Marston, applicant, on behalf of
Norman W. Hicks, Sr. and Shelia Hicks, owner; for approval of a zone
change from the interim zoning classification of Suburban
Development (SD) Zoning District to Neighborhood Service (NS) Zoning
District; on approximately 3.1988 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, Spencer Marston, applicant, on behalf of Norman W. Hicks, Sr. and
Shelia Hicks, owner; are requesting approval of a change in the zoning classification
from the interim zoning classification of Suburban Development (SD) Zoning District to
Neighborhood Service (NS) Zoning District on approximately 3.1988 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 28th day of January 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 29th day of January 2019, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed change in the zoning classification from the interim zoning classification of
Suburban Development (SD) Zoning District to Neighborhood Service (NS) zoning
District on approximately 3.1988 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 Spencer Marston, applicant, on behalf of Norman W. Hicks, Sr. and
Shelia Hicks, owner; for approval of a change in the zoning classification from the
interim zoning classification of Suburban Development (SD) zoning District to
Neighborhood Service (NS) Zoning District; on approximately 3.1988 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
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Ord. No. 2000M-183
Limits of the City of Pearland, Texas, and presently being located within the interim
zoning classification of Suburban Development (SD), is hereby granted a change in
zoning to Neighborhood Service (NS) 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:
Being a 3.1988 acre tract of land situated in the HT&B RR Co Survey, Abstract
No. 547, Brazoria County, Texas, being a portion of Lot 12, Section 18, of the
Kanawha Texas Company Subdivision of parts of Sections 18 & 22 of the HT&B
RR Co Surveys, as recorded in Volume 2, Page 51, Plat Records of Brazoria
County, Texas, being a portion that certain tract of land described in deed to
Norman W. Hicks, Sr. and wife, Shelia Hicks, as recorded in Volume 91865,
Page 818, Official Records of Brazoria County, Texas (O.R.B.C.T.)
General Location: east of Charles Avenue, west of Pearland ISD West Bus
Barn, north of the intersection of Bailey Road and CR 101C, with an approximate
address of 7409 Bailey 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
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Ord. No. 2000M-183
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 8t" day of April,
2019.
C: )-0)77 QV-a
TOM REID
MAYOR
ATTEST:
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd
day of April, 2019.
c->)o-n Tat-i
TOM REID
MAYOR
Page 4 of 10
Ord. No. 2000M-183
ATTEST:
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rifimr c,
Y SEc ' TARY
APPROVED AS TO FORM:
I ,DARRIN M. COKER
CITY ATTORNEY
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Ord. No. 2000M-183
Exhibit A
Legal Description
Being a 3.1988 acre tract of land situated in the HT&B RR Co Survey, Abstract No. 547,
Brazoria County, Texas, being a portion of Lot 12, Section 18, of the Kanawha Texas
Company Subdivision of parts of Sections 18 & 22 of the HT&B RR Co Surveys, as
recorded in Volume 2, Page 51, Plat Records of Brazoria County, Texas, being a
portion that certain tract of land described in deed to Norman W. Hicks, Sr. and wife,
Shelia Hicks, as recorded in Volume 91865, Page 818, Official Records of Brazoria
County, Texas (O.R.B.C.T.)
Page 6 of 10
Ord. No. 2000M-183
Exhibit B
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Ord. No. 2000M-183
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 18-00023
Notice is hereby given that on January 28, 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 [infield, Hunter & Junius, Inc. represented by Spencer Marston, appli-
cant on behalf of Norman W. Hicks. Sr. and Shelia Hicks, owner; for approval of
a change in the zoning classification on property proposed for annexation to
Neighborhood Services (NS) zoning district: on approximately 3.1988 acres of
land, to wit:
Being a 3.1988 acre tract of land situated in the HT&B RR Co Survey, Abstract
No. 547, Brazoria County, Texas. being a portion of Lot 12. Section 18, of the
Kanawha Texas Company Subdivision of parts of Sections 18 & 22 of the HT&B
RR Co Surveys, as recorded in Volume 2, Page 51, Plat Records of Brazoria
County, Texas.. being a portion that certain tract of land described in deed to
Norman W. Hicks, Sr. and wife, Shelia Hicks, as recorded in Volume 91865,
Page 818, Official Records of Brazoria County, Texas (O.R.B.C.T.).
General Location: East of Charles Avenue, west of the Pearland ISD West Bus
Barn, north of the intersection of Bailey Road and CR 1010, with an approximate
address of 7409 Bailey 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.
Martin Griggs
Planning Manager
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Ord. No. 2000M-183
Exhibit D
Planning and Zoning Commission Recommendation Letter
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TEXAS
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Planning & Zoning Commission
Recommendation Letter
January 29, 2019
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 18-00023
Honorable Mayor and City Council Members:
At their regular meeting on January 28, 2019, the Planning and Zoning Commission
considered the following:
A request of Spencer Marston, applicant, on behalf of Norman W. Hicks, Sr. and
Shelia Hicks, owner; for approval of a zone change from the interim zoning
classification of Suburban Development (SD) District to Neighborhood Service
(NS) District; on approximately 3.1988 acres of land.
General Location: East of Charles Avenue, west of the Pearland ISD West Bus
Barn, north of the intersection of Bailey Road and CR 101C, with an approximate
address of 7409 Bailey Road, Pearland TX.
Commissioner Starr made a motion to approve. Commissioner Isenberg seconded the
motion. There was no additional discussion. 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,
Martin Griggs
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Ord. No. 2000M-183
Planning Manager
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-183