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Ord. 2000M-196 2020-01-27 Ordinance No. 2000M-196 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 (1): 2.00 acres Out of Lots 11, 20, and 29, Section 2, Allison-Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (2): 57 Acres out of Lot 6, Section 2, Allison-Richey Gulf Coast Home Company Subdivision and J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (3): 36 acres out of Lots 3, 11, 12, 20, 21, 29 and 30, Section 2, Allison-Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (4): 7 acres out of Lots 3, 11, 20, and 29, Section 2, Allison-Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. (West of County Road 48 between County Road 59 and County Road 895). Zone Change Application No. ZONE 19-00026, a request by the City of Pearland, applicant, on behalf of the City of Pearland and Gulf Coast Water Authority, owner; for approval of a zoning change from the interim Suburban Development (SD) District to Suburban Residential-15 District (SR-15), on approximately 100.29 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, the City of Pearland, applicant, on behalf of the City of Pearland and Gulf Coast Water Authority, owner; is requesting approval of a change in the zoning classification from the interim Suburban Development (SD) District to Suburban Residential-15 District (SR-15) on approximately 100.29 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 the interim Suburban Development (SD) District to Suburban Residential-15 District (SR-15) Zoning District on approximately 100.29 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 the City of Pearland, applicant, on behalf of the City of Pearland and Gulf Coast Water Authority, owner; for approval of a change in the zoning classification from the interim Suburban Development (SD) District to Suburban Residential-15 District (SR-15) Zoning District on approximately 100.29 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: Page 2 of 9 Ord. No. 2000M-196 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 the interim Suburban Development (SD) District to Suburban Residential-15 District (SR-15) 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: Legal Description: Tract (1): 2.00 acres Out of Lots 11, 20, and 29, Section 2, Allison-Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (2): 57 Acres out of Lot 6, Section 2, Allison-Richey Gulf Coast Home Company Subdivision and J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (3): 36 acres out of Lots 3, 11, 12, 20, 21, 29 and 30, Section 2, Allison- Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (4): 7 acres out of Lots 3, 11, 20, and 29, Section 2, Allison-Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas General Location: West of County Road 48 between County Road 59 and County Road 895 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 Page 3 of 9 Ord. No. 2000M-196 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. PASSED, APPROVED, and ADOPTED on First Reading this 13th day of January, 2020. rat TOM REID MAYOR ATTEST: : QLANO S N_ a STAL OAN, TRMC, CMC . S, ••• �� CITY SECRETARY �'�i ~•�•'r o�`�� PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th day of January, 2020. Page 4 of 9 Ord. No. 2000M-196 .)G v-v S "a-e =" TOM REID • ' / e MAYOR A ST. CR TAL R , TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Page 5 of 9 Ord. No. 2000M-196 Exhibit A Legal Description Tract (1): 2.00 acres Out of Lots 11, 20, and 29, Section 2, Allison-Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (2): 57 Acres out of Lot 6, Section 2, Allison-Richey Gulf Coast Home Company Subdivision and J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (3): 36 acres out of Lots 3, 11, 12, 20, 21, 29 and 30, Section 2, Allison-Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (4): 7 acres out of Lots 3, 11, 20, and 29, Section 2, Allison-Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Page 6 of 9 Ord. No. 2000M-196 Exhibit B Vicinity Map Ire z ;� -lilt 7IU 1,, (� ��\\! _. 4 -OLEANDER I lii i ''.lif tti° �� > m: #, ' Exhibit 2 1. Medium Density Residential ,,` "+ ` Future Land Use Map �7,^-IIo 4,,11011��� r 1. Minor Retail Node " {WNW W ilafAih { NO pKWY .6 , it lit s '11i *. ZONE 19-00026 • ,a i' City of Pearland ti_ � - __ f t ". ETJ Water Treatment Facility l SD to SR-15 • , . t !- WNW IICfm. 1 ----_____,_ = - _ Legend ;�� Subject Property ,n alg 1 A _'tie' i1' i �. - CR 695 .In0 . \I rite, i' C.- I NORWALK I I c I 1. 6R 564A ,,,,_.. �-Z. - e c 1 I S r 1 8 q { I I ■ '�•`ji Low Density Residential 'I `, 1, i .A � mutt�,n...,�n prepared s .n..,�„nw. r U1 ■ (. fecal.mrn..rnt or. npurport's.l 7o Be Acq cR s9a •� KING AIU RD ,, ay. rep -nt:Won the c a.n o.•c and OfOUyhfare$ -r{'- mprwm,.mk,he apprnnma,+relmn a Int a,ion `Major Tb° .l • + ..pmP.n,6,undarw+ 2R•5649 _k ., 1 Inch=1,042 feet c c NOVEMIBER.5.2019 1 c I COMMUNITY DF4RI.OPMENT I • ` I c ` Adie Page 7 of 9 Ord. No. 2000M-196 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 19-00026 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 City of Pearland, applicant, on behalf of the City of Pearland and Gulf Coast Water Authority, owner. for approval of a zoning change from the interim Suburban Development (SD) District to Suburban Residential-15 District (SR-15), on approximately 100.29 acres of land; to wit: Legal Description: Tract (1): 2.00 acres Out of Lots 11, 20, and 29, Section 2, Allison-Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (2): 57 Acres out of Lot 6, Section 2, Allison-Richey Gulf Coast Home Company Subdivision and J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (3): 36 acres out of Lots 3, 11, 12, 20, 21, 29 and 30, Section 2, Allison-Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey, Abstract 566, Brazoria County, Texas. Tract (4): 7 acres out of Lots 3. 11. 20, and 29, Section 2, Allison-Richey Gulf Coast Home Company Subdivision, J.S. Talmage Survey. Abstract 566, Brazoria County, Texas. General Location: West of County Road 48 between County Road 59 and County Road 895, 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 Page 8 of 9 Ord. No. 2000M-196 Exhibit D Planning and Zoning Commission Recommendation Letter , rarria EAR`9ti lr ��iiO TEX 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 19-00026 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 the City of Pearland, applicant, on behalf of the City of Pearland and Gulf Coast Water Authority, owner, for approval of a zoning change from the interim Suburban Development (SD) District to Suburban Residential-15 District (SR-15) Zoning District, on approximately 100.29 acres of land General Location: West of County Road 48 between County Road 59 and County Road 895. Commissioner Wicker made a motion to approve. Commissioner Cade seconded the motion. There was no additional discussion. The motion was approved by a vote of 5-0. Chairperson Tunstall, and Commissioners Boswell, Cade, Earles, and Wicker were in favor of the motion. Sincerely, neri:‘ 4r^iff Martin Griggs, AICP, CNU-A Planning Manager On behalf of the Planning and Zoning Commission Page 9 of 9 Ord. No. 2000M-196 rei 8 Ilia �"ij ��iiiiil' 'a �'1 4iI • OLEANDER! 01 [i ; o= �iiiii 11* �������� I I Exhibit 1 • r err PUD A� �� rI IC ° '- • I j Zoning & Aerial Map 8• I o C LAZY"R1VER�L�,_, �• , C yip e Y.•. 1..i �� 1. .r -•S .{ if w r� _ '• In ,r. ire, goo OLIO I• 1 � 'MAGNOLIA :� c `- II - 1 ZONE 19-00026 .g� City of Pearland *. I. , ETJ � ;, Water Treatment Facility f .� ... I I N P SD to SR-15 r. "a. --h"Y - I I .' a.� ! tit + - . , 116 -— .� 1 z -tx. 13 kA !; ' Y I---4 Legend / ' T . '` Subject Property i. }°ems • i ir . Vcipir illhimm\ Y i „4.5Q' xi UIv , •dk i # .` NORWLK' c I I � t iiiikailifiAlii ''bi • A ' nr + u �k 0: •,I 7 f K AS CR 564A� _ • __ �_� ti ' -e -1. A; �.. is t. 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COiimmommilli CO __1.__ 1 inch = 1,003 feet ` NOVEMBER 15,2019 CO N illitit COMMUNITY DEVELOPMENT .�i1�1 1,111111 �� IL r Notification List: ZONE19-00026 Owner Address City State Zip C. GULF COAST WATER AUTHORITY 3630 FM 1765 TEXAS CITY TX 77591 CITY OF PEARLAND 3519 LIBERTY DR PEARLAND TX 77581 CITY OF PEARLAND 3519 LIBERTY DR PEARLAND TX 77581 CITY OF PEARLAND 3519 LIBERTY DR PEARLAND TX 77581 CITY OF PEARLAND 3519 LIBERTY DR PEARLAND TX 77581 CITY OF PEARLAND 3519 LIBERTY DR PEARLAND TX 77581