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Ord. 2000M-194 2019-12-16 Ordinance No. 2000M-194 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, Tract Being all of Lots 1-A & 1-B, Block 1 of the Fite at F.M. 1128 Addition, a subdivision in the City of Pearland, Brazoria County, Texas, according to the plat recorded in File No. 2008035185 of the Official Public Records of Brazoria County, Texas.(2832 Manvel Road & 7221 Fite Road). Zone Change Application No. ZONE 19-00020, a request by Jennifer Pollak Evans, applicant, on behalf of Signature Companies, owner; for approval of a zoning change from General Business District (GB) to General Commercial District (GC), on approximately 6.1479 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, Jennifer Pollak Evans, applicant, on behalf of Signature Companies, owner; is requesting approval of a change in the zoning classification from General Business (GB) Zoning District to General Commercial (GC) Zoning District on approximately 6.1479 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 18th day of November 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 19th day of November 2019, the Planning and Zoning Commission submitted its report and recommendation to the City Council regarding the proposed change in the zoning classification from General Business (GB) Zoning District to General Commercial (GC) Zoning District on approximately 6.1479 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 9th day of December 2019 and the 16th day of December 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 Jennifer Pollak Evans, applicant, on behalf of Signature Companies, owner; for approval of a change in the zoning classification from General Business (GB) Zoning District to General Commercial (GC) Zoning District on approximately 6.1479 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 General Business (GB) Zoning District to General Commercial (GC) 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: Page 2 of 8 Ord. No. 2000M-194 Legal Description: Tract Being all of Lots 1-A & 1-B, Block 1 of the Fite at F.M. 1128 Addition, a subdivision in the City of Pearland, Brazoria County, Texas, according to the plat recorded in File No. 2008035185 of the Official Public Records of Brazoria County, Texas. General Location: 2832 Manvel Road & 7221 Fite 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 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-194 PASSED, APPROVED, and ADOPTED on First Reading this 9th day of December, 2019. --)OW 74L1 ''''''' TOM REID oi T- MAYOR ATTEST: ��'', �� ���r`�• L/j11MARIODRIGUEZ INTERIM CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 16th day of December, 2019. cla•a , ' = TOM REID -_; IS = MAYOR ATTEST: -'��"I,,������ r```• Cjovu _ft 444, ARIA RODRIGUEZ 1.7)- INTERIM CITY SECRETARY APPROVED AS TO FORM: "C DARRIN M. COKER CITY ATTORNEY Page 4 of 8 Ord. No. 2000M-194 Exhibit A Legal Description Being all of Lots 1-A & 1-B, Block 1 of the Fite at F.M. 1128 Addition, a subdivision in the City of Pearland, Brazoria County, Texas, according to the plat recorded in File No. 2008035185 of the Official Public Records of Brazoria County, Texas. Page 5 of 8 Ord. No. 2000M-194 Exhibit B Vicinity Map �1�� rs 1�--- - simim / Business • y_.—. -allExhibit 3 3 (+ _ y =_ Future Land Use Plan .... H .,,,,, .. ,,, .: . m MON 33 Mill 1 MIMI ' ZONE 19-00020 of111111 I NM Low Density Residential 111111 111.1111 I Fite at FM 1128 >: ------) = Illcsto GC 41 4Retail,Offices and illIllIllNlls High Density Residential p — p Legend l ? i I I Subject Property UNDER 5T � '.. ..FlT.E';' - I <i --'— t •4. III ml .. � 1. NEWPORTTN 111 // �z••■ ■■ .:v//, 1 // . ;IkEkriaill' II n n , Milluir fri i ■• :i1tâI " CT - . Public/Semi-Public mtrp Jutt a tor.alomaraulpurpua.e and I ■ Medium Dl t t ensu Residential lar,not have bven prrn.rvJ{or orh ',unable Y R.or Fur.,nut purpo v.It liii �■■ hnJrvv anJ - ■ , ' b:■ S � 6. S `„"I 1 inch 509 feet 1 ■ 2It , PLANNINO DEPAKTVEN7 Page 6 of 8 Ord. No. 2000M-194 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 19-00020 Notice is hereby given that on Monday, October 21 , 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 hear- ing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, at the request of Jennifer Pollak Evans, applicant, on behalf of Signature Companies, owner, for approval of a zoning change from General Business District (GB) to General Commercial District (GC), on approximately 6.1479 acres of land; to wit: Legal Description: Being all of Lots 1-A & 1-B, Block 1 of the Fite at F.M. 1128 Addition, a subdivision in the City of Pearland, Brazoria County, Texas, accord- ing to the plat recorded in File No. 2008035185 of the Official Public Records of Brazoria County, Texas. General Location: 2832 Manvel Road & 7221 Fite 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 Senior Planner 4 Page 7 of 8 Ord. No. 2000M-194 Exhibit D Planning and Zoning Commission Recommendation Letter PE 4P`92 � o TEX AS e 1. 005' Planning & ZoningConmiission Recommendation Letter November 19, 2019 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. ZONE 19-00020 Honorable Mayor and City Council Members: At their regular meeting on November 18, 2019, the Planning and Zoning Commission considered the following: A request by Jennifer Pollak Evans, applicant, on behalf of Signature Companies, owner, for approval of a zoning change from General Business District (GB) to General Commercial District (GC), on approximately 6.1479 acres of land General Location: 2832 Manvel Road & 7221 Fite Road, Pearland, Texas. Commissioner Wicker made a motion to approve. Commissioner Starr 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, Pradia, Starr, and Wicker were in favor of the motion. Sincerely, /197); 4'r--Cir- Martin Griggs Planning Manager On behalf of the Planning and Zoning Commission Page 8 of 8 Ord. No. 2000M-194