Ord. 2000M-200 2020-03-23Ordinance No. 2000M-200
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 3.08 -acre
tract of land situated in the George C. Smith Survey, Abstract Number 551
and being a portion of a called 8.430 -acre tract of land conveyed to DMP
Acquisition Fund, LLC by the Deed recorded under the Brazoria County
Clerk's File Number (B.C.C.F. No.) 2017023566 of the Official Public
Records of Real Property of Brazoria County, Texas (East of 4155 S. Main
Street). Zone Change Application No. ZONE 19-00029, a request by Alan
Mueller, applicant, on behalf of DMP Acquisition Fund, LLC., owner; for
approval of a zoning change from Single-family Residential -4 (R-4)
District to Light Industrial (M-1) District, on approximately 3.08 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, Alan Mueller, applicant, on behalf of DMP Acquisition Fund, LLC.,
owner; is requesting approval of a change in the zoning classification from Single-family
Residential -4 (R-4) to Light Industrial (M-1) on approximately 3.08 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 -4 (R-4) to
Light Industrial (M-1) Zoning District on approximately 3.08 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 23rd 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 -4 (R-4)
to Light Industrial (M-1) Zoning District on approximately 3.08 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 -4 (R-4) Zoning District to Light Industrial (M-
1) Zoning District, in accordance with all conditions and requirements of the current
Unified Development Code and the following conditions approved by the City Council
Page 2 of 8
Ord. No. 2000M-200
and incorporated for all purposes, such property being more particularly described as:
Legal Description:
Being a 3.08 -acre tract of land situated in the George C. Smith Survey, Abstract
Number 551 and being a portion of a called 8.430 -acre tract of land conveyed to
DMP Acquisition Fund, LLC by the Deed recorded under the Brazoria County
Clerk's File Number (B.C.C.F. No.) 2017023566 of the Official Public Records of
Real Property of Brazoria County, Texas.
General Location: East of 4155 S. 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
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Ord. No. 2000M-200
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 2nd day of March,
2020.
ATT ST:
STAL ROAN, TRMC
CITY SECRETARY
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 231d
day of March, 2020.
A>STAL
ROAN, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
6�-
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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Ord. No. 2000M-200
Exhibit A
Legal Description
Being a 3.08 -acre tract of land situated in the George C. Smith Survey, Abstract
Number 551 and being a portion of a called 8.430 -acre tract of land conveyed to DMP
Acquisition Fund, LLC by the Deed recorded under the Brazoria County Clerk's File
Number (B.C.C.F. No.) 2017023566 of the Official Public Records of Real Property of
Brazoria County, Texas
Page 5 of 8
Ord. No. 2000M-200
Exhibit B
Vicinity Map
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Exhibit 1
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Zoning & Aerial Map
ZONE 19-00029
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Page 6 of 8
Ord. No. 2000M-200
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 19-00029
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 Alan Mueller, applicant, on behalf of DMP Acquisition
Fund LLC, owner, for approval of a zoning change from Single-family Residential -
4 (R-4) District to Light Industrial (M-1) District, on approximately 3.08 acres of
land; to wit:
Legal Description: Being a 3.080 -acre (134,173 square foot) tract of land situat-
ed in the George C. Smith Survey, Abstract No. 551, Brazoria County, Texas and
being a portion of a called 8.430 -acre tract of land conveyed to DMP Acquisition
Fund, LLC by the Deed recorded under the Brazoria County Clerk's File Number
(B.C.C.F. No.) 2017023566 of the Official Public Records of Real Property of
Brazoria County, Texas,
General Location: East of 4155 S. 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
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Ord. No. 2000M-200
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 19-00029
Honorable Mayor and City Council Members:
At their regular meeting on February 17, 2020, the Planning and Zoning Commission
considered the following:
Alan Mueller, applicant, on behalf of DMP Acquisition Fund, LLC., owner; for
approval of a zoning change from Single-family Residential -4 (R-4) District to
Light Industrial (M-1) District, on approximately 3.08 acres of land
General Location: East of 4155 S. Main Street, Pearland, Texas.
Commissioner Cade made a motion to approve. Commissioner Earles 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
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Ord. No. 2000M-200