Ord. 2000M-191 2019-10-14Ordinance No. 2000M-191
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 0.89 acres
out of a tract of land containing 3.05 acres out of an 11.45 acre tract out of
the W.D.C. Hall League, Abstract No. 70, Brazoria County, being described
in Volume 384, Page 541 of the Deed Records of Brazoria County, Texas.
(2519 Broadway Street) Zone Change Application No. ZONE 19-00016, a
request by Alan Mueller, applicant, on behalf of G -Tech Development,
represented by Andy Grieve, owner; for approval of a zoning change from
Single-family Residential -3 District (R-3) to General Business District
(GB); on approximately 0.89 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, Alan Mueller, applicant, on behalf of G -Tech Development,
represented by Andy Grieve, owner; are requesting approval of a zoning change from
Single-family Residential -3 District (R-3) to General Business District (GB) on
approximately 0.89 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 59h day of August 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 6nd day of August 2019, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed change in the zoning classification from Single-family Residential -3 District
(R-3) to General Business District (GB) on approximately 0.89 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 23rd day of September
2019 and the 14'h day of October 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 Alan Mueller, applicant, on behalf of G -Tech Development,
represented by Andy Grieve, owner; for approval of a change in the zoning classification
from zoning change from Single-family Residential -3 District (R-3) to General Business
District (GB); on approximately 0.89 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 Residential -3 District (R-3) to General Business District
(GB), 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:
Page 2 of 8
Ord. No. 2000M-191
Legal Description:
Being 0.89 acres out of a tract of land containing 3.05 acres out of an 11.45 acre
tract out of the W.D.C. Hall League, Abstract No. 70, Brazoria County, being
described in Volume 384, Page 541 of the Deed Records of Brazoria County,
Texas.
General Location: 2519 Broadway Street, 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.
Page 3 of 8
Ord. No. 2000M-191
PASSED, APPROVED, and ADOPTED on First Reading this 23rd day of
September, 2019.
ATTEST:
Lt )
TOM REID
rt MAYOR
MAYOR
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,",#nniflS"
I.c
MARIA RODRIGUEZ I
INTERIM CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14th
day of October 2019.
oFF'.FI`BL!Np�:
ATTEST:
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 4 of 8
Ord. No. 2000M-191
Exhibit A
Legal Description
Being 0.89 acres out of a tract of land containing 3.05 acres out of an 11.45 acre tract
out of the W.D.C. Hall League, Abstract No. 70, Brazoria County, being described in
Volume 384, Page 541 of the Deed Records of Brazoria County, Texas.
Page 5 of 8
Ord. No. 2000M-191
Exhibit B
Vicinity Map
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Exhibit 3
Future Land Use Plan
ZONE 19-00016
2519 Broadway Stret
Zone Change
R-3 to GB
Legend
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Page 6 of 8
Ord. No. 2000M-191
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 19-00016
Notice is hereby given that on August 5, 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 Alan Mueller, applicant. an behalf of G -Tech Development, represent-
ed by Andy Grieve, owner, for approval of a zoning change from Single-family
Residential -3 District (R-3) to General Business District (GB), on approximately
0.89 acres of land: to wit:
Legal Description: 0 89 acres out of a tract of land containing 3.05 acres out of
an 11.45 acre tract out of the W.D.C. Hall League, Abstract No. 70, Brazoria
County, being described in Volume 384, Page 541 of the Deed Records of
Brazoria County, Texas.
General Location: 2519 Broadway Street, 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. pease contact
the Planning Department at 281-652-1765.
Mohamed A. Bireima. AICP
Senior Planner
Page 7 of 8
Ord. No. 2000M-191
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
August 6, 2019
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 19-00016
Honorable Mayor and City Council Members:
At their regular meeting on August 5, 2019, the Planning and Zoning Commission
considered the following:
A request of Alan Mueller, applicant, on behalf of G -Tech Development,
represented by Andy, Grieve, owner, for approval of a zoning change from Single
-family Residential -3 District (R-3) to General Business District (GB), on
approximately 0.89 acres of land.
General Location: 2519 Broadway Street, Pearland TX.
Vice -Chairperson Duncan made a motion to approve. Commissioner Starr seconded
the motion. The motion was approved by a vote of 6-0. Chairperson Tunstall, Vice -
Chairperson Duncan, and Commissioners Cade, Earles, Starr, and Wicker were in favor
of the motion.
Sincerely,
Martin Griggs
Planning Manager
On behalf of the Planning and Zoning Commission
Page 8 of 8
Ord. No. 2000M-191