Ord. 2000M-184 2019-06-10 Ordinance No. 2000M-184
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 or
parcel of 3.2533 acres or 141,715 square feet of land out of Allison Richey
Gulf Coast Home Company's Suburban Gardens of Section 20 H.T. B.R.R.
Co. Survey, Abstract No. 506, Brazoria County, Texas, recorded in Volume
2, Pages 23-24 of the Plat Records of Brazoria County (B.C.P.R.), Texas;
being the Same tract of land described as the West 270.5 feet of Lot 18
conveyed to Ahmed Elsayem, recorded under County Clerk's File Number
(C.C.F.N.) 2015042089, of the Official Public Records Of Brazoria County,
Texas (O.P.R.B.C.T.). (8933 Hawk Road) Zone Change Application No.
ZONE 19-00004, a request by Marina Damian, Advance Surveying, Inc.,
applicant, on behalf of Ahmed Elsayem, owner; for approval of a zoning
change from Single-family Estate (R-E) District to Suburban
Residential-12 (SR-12) District; on approximately 3.2533 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, Marina Damian, Advance Surveying, Inc., applicant, on behalf of
Ahmed Elsayem, owner; are requesting approval of a change in the zoning
classification from Single-Family Estate (R-E) Zoning District to Suburban Residential-
12 (SR-12) Zoning District on approximately 3.2533 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 15th day of April 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 16th day of April 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 Single-Family Estate (R-E) Zoning District
to Suburban Residential-12 (SR-12) zoning District on approximately 3.2533 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 20th day of May 2019 and
the 10th day of June 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 Marina Damian, Advance Surveying, Inc., applicant, on behalf of
Ahmed Elsayem, owner; for approval of a change in the zoning classification from the
interim zoning classification of Single-Family Estate (R-E) zoning District to Suburban
Residential-12 (SR-12) Zoning District; on approximately 3.2533 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 zoning
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Ord. No. 2000M-184
classification of Single-Family Estate (R-E), is hereby granted a change in zoning to
Suburban Residential-12 (SR-12) 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 tract or parcel of 3.2533 acres or 141,715 square feet of land out of
Allison Richey Gulf Coast Home Company's Suburban Gardens of Section 20
H.T. B.R.R. Co. Survey, Abstract No. 506, Brazoria County, Texas, recorded in
Volume 2, Pages 23-24 of the Plat Records of Brazoria County (B.C.P.R.),
Texas; being the Same tract of land described as the West 270.5 feet of Lot 18
conveyed to Ahmed Elsayem, recorded under County Clerk's File Number
(C.C.F.N.) 2015042089, of the Official Public Records Of Brazoria County, Texas
(0.P.R.B.C.T.)
General Location: 8933 Hawk Road, 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
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Ord. No. 2000M-184
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 20th day of May,
2019.
d
TOM REID
MAYOR
ATTEST:
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10th
day of June, 2019.
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TOM REID
MAYOR
Page 4 of 9
Ord. No. 2000M-184
ATTEST:
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' ITY ' CRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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Ord. No. 2000M-184
Exhibit A
Legal Description
Being a tract or parcel of 3.2533 acres or 141,715 square feet of land out of Allison
Richey Gulf Coast Home Company's Suburban Gardens of Section 20 H.T. B.R.R. Co.
Survey, Abstract No. 506, Brazoria County, Texas, recorded in Volume 2, Pages 23-24
of the Plat Records of Brazoria County (B.C.P.R.), Texas; being the Same tract of land
described as the West 270.5 feet of Lot 18 conveyed to Ahmed Elsayem, recorded
under County Clerk's File Number (C.C.F.N.) 2015042089, of the Official Public
Records Of Brazoria County, Texas (O.P.R.B.C.T.).
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Ord. No. 2000M-184
Exhibit B
Vicinity Map
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Future Land Use Map
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Ord. No. 2000M-184
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 19-00004
Notice is hereby given that on April 15, 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 Marina Damian, Advance Surveying, Inc., applicant. on behalf of
Ahmed Elsayem, owner, for approval of a zoning change from Single-family
Estate (R-E) District to Suburban Residential-12 (SR-12) District; on approxi-
mately 3.06 acres of land, to wit:
Legal Description: Being a tract or parcel of 3.2533 acres or 141 ,715 square feet
of land out of Allison Richey Gulf Coast Home Company's Suburban Gardens of
Section 20 H.T. B.R.R. Co. Survey, Abstract No. 506, Brazoria County, Texas,
recorded in Volume 2. Pages 23-24 of the Plat Records of Brazoria County
(B.C.P.R.), Texas; being the Same tract of land described as the West 270.5 feet
of Lot 18 conveyed to Ahmed Elsayem, recorded under County Clerk's File
Number (C.C.F.N.) 2015042089, of the Official Public Records Of Brazoria
County, Texas (O.P.R.B.C.T.).
General Location: 8933 Hawk Road, 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-184
Exhibit D
Planning and Zoning Commission Recommendation Letter
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Planning & Zoning Commission
Recommendation Letter
April 16, 2019
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 19-00004
Honorable Mayor and City Council Members:
At their regular meeting on April 15, 2019, the Planning and Zoning Commission
considered the following:
A request of Marina Damian, Advance Surveying, Inc., applicant, on behalf of
Ahmed Elsayem, owner; for approval of a zone change from the zoning
classification of Single-Family Estate (R-E) District to Suburban Residential-12
(SR-12) District; on approximately 3.2533 acres of land.
General Location: 8933 Hawk Road, Pearland TX.
Commissioner Starr made a motion to approve. Commissioner Cade seconded the
motion. There was no additional discussion. The motion was approved by a vote of 5-0.
Chairperson Tunstall and Commissioners Cade, Isenberg, Starr and Wicker were in
favor of the motion.
Sincerely,
Martin Griggs
Planning Manager
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-184