Ord. 2000M-190 2019-10-14Ordinance No. 2000M-190
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 Lot 1, Block
1, of the Crown Plat, being an addition of 2.99 acres in the City of Pearland,
Brazoria County, Texas, according to the plat recorded in Document No.
2010052498, in the Official Public Recorded of Brazoria County, Texas.
(6301 Broadway Street) Zone Change Application No. ZONE 19-00017, a
request by Nancy Murphy, applicant and owner; for approval of a Planned
Development (PD) amendment to amend the base zoning for the
Botanical Landscape PD from General Business District (GB) to
General Commercial District (GC) and to permit outside storage within
the district; on approximately 3.00 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, Nancy Murphy, applicant and owner; are requesting approval of a
Planned Development (PD) amendment to amend the base zoning for the Botanical
Landscape PD from General Business District (GB) to General Commercial District
(GC) and to permit outside storage within the district on approximately 3.00 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 5th 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 Planned Development (PD)
amendment to amend the base zoning for the Botanical Landscape PD from General
Business District (GB) to General Commercial District (GC) and to permit outside
storage within the district on approximately 3.00 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 Nancy Murphy, applicant and owner; for approval of a change in the
zoning classification from Planned Development (PD) amendment to amend the base
zoning for the Botanical Landscape PD from General Business District (GB) to General
Commercial District (GC) and to permit outside storage within the district; on
approximately 3.00 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-190
classification of from Planned Development (PD) amendment to amend the base zoning
for the Botanical Landscape PD from General Business District (GB) to General
Commercial District (GC) and to permit outside storage within the 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 Lot 1, Block 1, of the Crown Plat, being an addition of 2.99 acres in the
City of Pearland, Brazoria County, Texas, according to the plat recorded in
Document No. 2010052498, in the Official Public Recorded of Brazoria County,
Texas
General Location: 6301 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
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Ord. No. 2000M-190
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 23rd day of
September 2019.
ATTEST: ''�nn l%
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
mom
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14th
day of October 2019.
ATTEST:
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
TOM REID
MAYOR
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Ord. No. 2000M-190
APPROVED AS TO FORM:
..:,_l--,
DARRIN M. COKER
CITY ATTORNEY
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Ord. No. 2000M-190
Exhibit A
Legal Description
Being Lot 1, Block 1, of the Crown Plat, being an addition of 2.99 acres in the City of
Pearland, Brazoria County, Texas, according to the plat recorded in Document No.
2010052498, in the Official Public Recorded of Brazoria County, Texas
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Ord. No. 2000M-190
Exhibit B
Vicinity Map
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Exhibit 3
Future Land Use Plan
ZONE 19-00017
6301 Broadway Stret
PD Amendment
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PLANNING DEMAXISIE.
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Ord. No. 2000M-190
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 19.00017
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 Brazona. Hares 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 Nancy Murphy, applicant and owner. for approval of a Planned
Development (PD) amendment to amend the base zoning from General
Business Distnct (GB) to General Commercial District (GC). on approximately
3.00 acres of land: to wit:
Legal Description: Being Lot 1. Block 1, of the Crown Plat. being an addition of
2.99 acres in the City of Pearland, Brazoria County, Texas. according to the plat
receded in Document No. 2010052498, in the Official Public Receded of Brazoria
County. Texas.
General Location: 6301 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, please contact
the Planning Department at 281-652-1765.
Mohamed A. Bireima, AICP
Senior Planner
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Ord. No. 2000M-190
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 19-00017
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 Nancy Murphy, applicant and owner, for approval of a Planned
Development (PD) amendment to amend the base zoning for the Botanical
Landscape PD from General Business District (GB) to General Commercial
District (GC) and to permit outside storage within the district, approximately 3.00
acres of land.
General Location: 6301 Broadway Street, Pearland TX.
Commissioner Cade made a motion to approve. Vice -Chairperson Duncan seconded
the motion. The motion was approved by a vote of 5-1. Chairperson Tunstall, Vice -
Chairperson Duncan, and Commissioners Earles, Starr, and Wicker were in favor of the
motion. Commissioner Cade was in opposition to the request.
Sincerely,
Martin Griggs
Planning Manager
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Ord. No. 2000M-190
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-190