Ord. 2000M-195 2020-01-27 Ordinance No. 2000M-195
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 Lot 1,
Block 1 of the Tessie's Place Addition, an addition in the City of Pearland,
Brazoria County, Texas, according to the plat recorded in County Clerk's File
No. 2019038486 of the Official Public Records of Brazoria County, Texas.
(4904 W. Walnut Street). Zone Change Application No. ZONE 19-00025, a
request by Tessie Gurley, applicant, on behalf of Barclay Barnett, owner; for
approval of a zoning change from Single-family Residential-2 (R-2) and
Office & Professional (OP) to Neighborhood Service (NS), on
approximately 0.86 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, Tessie Gurley, applicant, on behalf of Barclay Barnett, owner; is
requesting approval of a change in the zoning classification from Single-family
Residential-2 (R-2) and Office & Professional (OP) to Neighborhood Service (NS) on
approximately 0.86 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 16th day of December 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 17th day of December 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-2 (R-2) and
Office & Professional (OP) to Neighborhood Service (NS) Zoning District on
approximately 0.86 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 13th day of January 2020
and the 27th day of January 2020; 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 Tessie Gurley, applicant, on behalf of Barclay Barnett, owner; for
approval of a change in the zoning classification from Single-family Residential-2 (R-2)
and Office & Professional (OP) to Neighborhood Service (NS) Zoning District on
approximately 0.86 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
classifications of Single-family Residential-2 (R-2) and Office & Professional (OP)
Zoning Districts to Neighborhood Service (NS) 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
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Ord. No. 2000M-195
property being more particularly described as:
Legal Description:
Being all of Lot 1, Block 1 of the Tessie's Place Addition, an addition in the City of
Pearland, Brazoria County, Texas, according to the plat recorded in County
Clerk's File No. 2019038486 of the Official Public Records of Brazoria County,
Texas.
General Location: 4904 W. Walnut 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
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Ord. No. 2000M-195
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
January, 2020.
?E-4
TOM REID
MAYOR
oisitltrry��s�
ATTEST:
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S
CR STAL ROAN, TRMC, CMC •
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CITY SECRETARY 'r., `'�•..•.•�j �.���
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of January, 2020.
TOM REID
MAYOR
A EST:
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i
C'' STAL ROAN, TRMC, CMC 0 /�
CITY SECRETARY ��.`�• ��� '�,�
• •
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
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Ord. No. 2000M-195
Exhibit A
Legal Description
Being all of Lot 1, Block 1 of the Tessie's Place Addition, an addition in the City of
Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File
No. 2019038486 of the Official Public Records of Brazoria County, Texas.
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Ord. No. 2000M-195
Exhibit B
Vicinity Map
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Ord. No. 2000M-195
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 19-00025
Notice is hereby given that on Monday, December 16, 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 Tessie Gurley, applicant, on behalf of Barclay Barnett,
owner, for approval of a zoning change from Single-family Residential-2 (R-2)
District and Office & Professional District (OP) to Neighborhood Service District
(NS), on approximately 0.86 acres of land; to wit:
Legal Description: Being all of Lot 1 , Block 1 of the Tessie's Place Addition, an
addition in the City of Pearland, Brazoria County, Texas, according to the plat
recorded in County Clerk's File No. 2019038486 of the Official Public Records of
Brazoria County, Texas.
General Location: 4806 & 4904 W. Walnut 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-195
Exhibit D
Planning and Zoning Commission Recommendation Letter
o
i E X AS
Planning & Zoning Commission
Recommendation Letter
December 17, 2019
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 19-00025
Honorable Mayor and City Council Members:
At their regular meeting on December 16, 2019, the Planning and Zoning Commission
considered the following:
A request by Tessie Gurley, applicant, on behalf of Barclay Barnett, owner, for
approval of a zoning change from Single-family Residential-2 (R-2) and Office &
Professional (OP) Zoning Districts to Neighborhood Service (NS) Zoning District,
on approximately 0.86 acres of land
General Location: 4904 W. Walnut Street, Pearland, Texas.
Commissioner Earles made a motion to approve. Commissioner Wicker seconded the
motion. There was additional discussion about the allowed uses and development of the
property. The motion was approved by a vote of 3-1-1. Chairperson Tunstall, and
Commissioners Earles, and Wicker were in favor of the motion. Commissioner Boswell
voted against the motion citing additional uses and complaints from citizens as her
reason for voting. Commissioner Cade abstained.
Sincerely,
neriz:N 4*
Martin Griggs, AICP, CNU-A
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Ord. No. 2000M-195
Planning Manager
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-195