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Ord. 2000M-199 2020-03-23Ordinance No. 2000M-199 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 a tract of land containing 0.63 acres, more or less, out of Lots 3 and 4, L.W. Murdock Subdivision, A C. H. & B Survey, Abstract No. 507, Brazoria County, Texas, according to the map thereof in Volume 29, Page 174 of the Deed Records of Brazoria County, Texas. (3429 Main Street). Zone Change Application No. ZONE 19-00028, a request by Jon Arledge, applicant, on behalf of V & B Cornerstone LLC, owner; for approval of a zoning change from Single- family Residential -3 (R-3) District to General Commercial (GC) District, on approximately 0.63 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, Jon Arledge, applicant, on behalf of V & B Cornerstone LLC, owner; is requesting approval of a change in the zoning classification from Single-family Residential -3 (R-3) to General Commercial (GC) on approximately 0.63 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 17th day of February 2020, 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 18th day of February 2020, 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 (R-3) to General Commercial (GC) Zoning District on approximately 0.63 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 2nd day of March 2020 and the 23,d day of March 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 -3 (R-3) to General Commercial (GC) Zoning District on approximately 0.63 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 -3 (R-3) 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 Page 2 of 8 Ord. No. 2000M-199 described as: Legal Description: Being a tract of land containing 0.63 acres, more or less, out of Lots 3 and 4, L.W. Murdock Subdivision, A C. H. & B Survey, Abstract No. 507, Brazoria County, Texas, according to the map thereof in Volume 29, Page 174 of the Deed Records of Brazoria County, Texas. General Location: 3429 Main 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 Page 3 of 8 Ord. No. 2000M-199 approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 2nd day of March, WWI] ATTE aT : CRY AL ROAN, TRMC CITY SECRETARY TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day of March, 2020. nw— (5WSTAL ROAN, TRMC CITY SECRETARY APPROVED AS TO FORM: L 1 - l V - c DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Page 4 of 8 Ord. No. 2000M-199 r Page 4 of 8 Ord. No. 2000M-199 Exhibit A Legal Description Being a tract of land containing 0.63 acres, more or less, out of Lots 3 and 4, L.W. Murdock Subdivision, A C. H. & B Survey, Abstract No. 507, Brazoria County, Texas, according to the map thereof in Volume 29, Page 174 of the Deed Records of Brazoria County, Texas. Page 5 of 8 Ord. No. 2000M-199 Exhibit B Vicinity Map oJ R-2 R-1 G 8 Exhibit 1 M-+ Zoning & Aerial Map 'k : 9. O MAGNOLIA PKWY .!�` ZONE 19-00028 f 1 Pearland Commons N Zone Change: R-3 to GC t HUISACHE CT C 3429 Main Street m �... R-3 Legend .✓t ' r Subject Property ~ _ ` rart ' _ x , \ / rr 1_ .� �nt-, rte' _ r7i�i �^ .•.� J`� Th;Pwdwi,,hr Ana h, -b— vW-6 � �i ,• � :i(: �.., 1 i. r•wn-dl W a r 6. .+ dee vat tep Ib ,—.d and w lt ■ ii �-- — , I,t ■ �= 31 � ■ y ! — I inch = 250 hwt A •`� JANUAHY 2.. Y�X.V ComurmTY nRVFJnMUF\T I • Page 6 of 8 Ord No. 2000M-199 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 19-00028 Notice is hereby given that on Monday. February 17. 2020, 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 Jon Arledge, applicant, on behalf of V & B Cornerstone LLC, owner, for approval of a zoning change from Single-family Residential -3 (R- 3) District to General Commercial (GC) District, on approximately 0.63 acres of land, to wit: Legal Description: Being a tract of land containing 0.63 acres, more or less, out of Lots 3 and 4, L.W. Murdock Subdivision, A C. H. & B Survey, Abstract No. 507, Brazoria County, Texas, according to the map thereof in Volume 29, Page 174 of the Deed Records of Brazoria County, Texas. General Location: 3429 Main 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 Page 7 of 8 Ord. No. 2000M-199 Exhibit D Planning and Zoning Commission Recommendation Letter Planning & Zoning Commission Recommendation Letter February 18, 2020 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. ZONE 19-00028 Honorable Mayor and City Council Members: At their regular meeting on February 17, 2020, the Planning and Zoning Commission considered the following: A request by Jon Arledge, applicant, on behalf of V & B Cornerstone LLC, owner; for approval of a zoning change from Single-family Residential -3 (R-3) District to General Commercial (GC) District, on approximately 0.63 acres of land General Location: 3429 Main Street, Pearland, Texas. Commissioner Cade made a motion to approve. Commissioner Wicker 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, Martin Griggs, AICP, CNU-A Planning Manager On behalf of the Planning and Zoning Commission Page 8 of 8 Ord. No. 2000M-199