Ord. 2000M-188 2019-09-23Ordinance No. 2000M-188
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 all of a tract
or parcel of land containing 79.1925 acres of land, part of so called West '/2
of the Northeast 1/4 of Section 32, also being known as Lot 3-A, situated in
the H.T. & B.R.R. Company Survey, Abstract No. 525, Brazoria County,
Texas. (6700 Block of McKeever Road (CR 100)) Zone Change Application
No. ZONE 19-00013, a request by Chad Thumann, Sideline Investments,
LLC., applicant, on behalf of THV Properties, LLC, owner; for approval of a
zoning change from Single-family Estate District (R -E) to Single -Family
Residential -3 (R-3) and Single-family Residential -4 District (R-4); on
approximately 79.1925 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, Chad Thumann, Sideline Investments, LLC., applicant, on behalf of
THV Properties, LLC, owner; are requesting approval of a zoning change from Single-
family Estate District (R -E) to Single -Family Residential -3 (R-3) and Single-family
Residential -4 District (R-4) on approximately 79.1925 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 17th day of June 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 2nd day of July 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 District (R -E) to Single -
Family Residential -3 (R-3) and Single-family Residential -4 District (R-4) on
approximately 79.1925 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 22nd day of July 2019 and
the 121h day of August 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 Chad Thumann, Sideline Investments, LLC., applicant, on behalf of
THV Properties, LLC, owner; for approval of a change in the zoning classification from
the Single-family Estate District (R -E) to Single -Family Residential -3 (R-3) and Single-
family Residential -4 District (R-4); on approximately 19.598 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
classification of Single-family Estate District (R -E) to Single -Family Residential -3 (R-3)
and Single-family Residential -4 District (R-4) as shown in Exhibit "E", in accordance with
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Ord. No. 2000M-188
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 all of a tract or parcel of land containing 79.1925 acres of land, part of so
called West 1/2 of the Northeast'% of Section 32, also being known as Lot 3-A,
situated in the H.T. & B.R.R. Company Survey, Abstract No. 525, Brazoria
County, Texas.
General Location: 6700 Block of McKeever Road (CR 100), 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 Ill. 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-188
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 26th day of August,
2019.
ATTEST:
MARIA RODRIGUEZ
INTERIM CITY SECRETAR
,177
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of September, 2019.
-ATTEST:
"8/111110 -
MARIA RODRIGUEZ /
INTERIM CITY SECRETA Y
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
74-7
TOM REID
MAYOR
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Ord. No. 2000M-188
Exhibit A
Legal Description
Being all of a tract or parcel of land containing 79.1925 acres of land, part of so called
West 1/2 of the Northeast 1/4 of Section 32, also being known as Lot 3-A, situated in the
H.T. & B.R.R. Company Survey, Abstract No. 525, Brazoria County, Texas.
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Ord. No. 2000M-188
Exhibit B
Vicinity Map
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Exhibit 2
Future Land Use Plan
ZONE 19-00013
6700 McKeever Rd (CR 101)
Zone Change from RE to R4
TRANS LN
CR -100
Legend
Subject Property
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PLANNIXO DEPARTMENT
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Ord. No. 2000M-188
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 19-00013
Notice is hereby given that on June 17, 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 Chad Thumann, Sideline Investments, LLC., applicant, on behalf of
THV Properties, LLC, owner, for approval of a zoning change from Single-family
Estate District (R -E) to Single-family Residential -1 District (R-1), on approximate-
ly 79.1925 acres of land; to wit:
Legal Description: Being all of a tract or parcel of land containing 79.1925 acres
of land. part of so called West 1/2 of the Northeast 1/4 of Section 32, situated in
the H.T. & B.R.R. Company Survey, Abstract No. 525, Brazoria County, Texas.
General Location: 6700 Block of Mckeever Road (CR 100), 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
Senior Planner
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Ord. No. 2000M-188
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
July 2, 2019
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 19-00013
Honorable Mayor and City Council Members:
At their regular meeting on June 17, 2019, the Planning and Zoning Commission tabled
the item to change the zoning to Single -Family Residential -4 (R-4) providing time for the
applicant to submit a revised proposal showing a portion of the property with Single -
Family Residential -3 (R-3) and R-4 zoning classifications. That plan is attached to the
first reading packet for this ordinance.
At their regular meeting on July 1, 2019, the Planning and Zoning Commission
considered the following:
A request of Chad Thumann, Sideline Investments, LLC., applicant, on behalf of
THV Properties, LLC, owner; for approval of a zoning change from Single-family
Estate District (R -E) to Single-family Residential -4 District (R-4); on
approximately 79.1925 acres of land.
General Location: 6700 block of McKeever Road (CR 100), Pearland TX.
Commissioner Cade made a motion to approve. Commissioner Starr seconded the
motion. The motion was failed to gain approval by a vote of 0-6. Chairperson Tunstall,
Vice -Chairperson Duncan, and Commissioners Cade, Pradia, Starr, and Wicker were
not in favor of the motion.
Sincerely,
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Ord. No. 2000M-188
Martin Griggs
Planning Manager
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-188
Exhibit E
Map showing R-3 and R-4 line
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Ord. No. 2000M-188