Ord. 2000M-207 2020-12-14 Ordinance No. 2000M-207
An Ordinance of the City Council of the City of Pearland, Texas, amending
Ordinance No. 2000M-207, 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 9.28 Acres, being a portion of Lots 37 & 38, Block 80,
Allison-Richey Gulf Coast Home Company as recorded in Volume 2, Page
98 of the Brazoria County Plat Records, being a portion of a tract recorded in
the name of Trinity Presbytery of the Cumberland Presbyterian Church as
recorded under Brazoria County Clerk's File No. 2004025666 of the Official
Records of Brazoria County, Texas. (11900 block of Broadway Street).
Zone Change Application No. ZONE 20-00004, a request by Oanh Nguyen,
Windrose Land Service, applicant, on behalf of Ryan Seeley, NAI Partners,
representing Ble Dodd Investments, owner, for approval of amendments to
the Southern Trails Planned Development District, a master plan district
comprised of a single-family residential development and three non-
residential outparcels, to allow restaurant uses with drive-thru service within
285 feet of Broadway Street, on approximately 9.28 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, Ryan Seeley, NAI Partners, representing Ble Dodd Investments,
owner; is requesting approval of a Planned Development Amendment to the Southern
Trails Planned Development District, a single-family residential development and three
non-residential outparcels, on approximately 9.28 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 November 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 17th day of November 2020, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed amendment to the Southern Trails Planned Development District, 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 their regular meeting on the 7th day of December
2020 and 14th day of December; 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 for approval of a Planned Development Amendment to the Southern
Trails Planned Development District, a single-family residential development and three
non-residential out-parcels, on approximately 9.28 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 Southern
Trails Planned Development District, is hereby granted a change in zoning from
Page 2 of 9
Ord. No. 2000M-207
Planned Development District to Planned Development District, in accordance with all
conditions and requirements of the current Unified Development Code and the
amendments approved by the City Council and incorporated for all purposes as Exhibit
"E"; and, such property being more particularly described as:
Legal Description:
A tract of land containing 9.28 Acres, being a portion of Lots 37 & 38, Block 80,
Allison-Richey Gulf Coast Home Company as recorded in Volume 2, Page 98 of
the Brazoria County Plat Records, being a portion of a tract recorded in the name
of Trinity Presbytery of the Cumberland Presbyterian Church as recorded under
Brazoria County Clerk's File No. 2004025666 of the Official Records of Brazoria
County, Texas.
General Location: 11900 block of Broadway Street
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.
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Ord. No. 2000M-207
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 7th day of
December, 2020.
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IN COLE
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CITY SECRETARY .
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14th
day of December, 2020.
KEVIN COLE
MAYOR
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APPROVED AS TO FORM: ,,,,,,
DARRIN M. COKER
CITY ATTORNEY
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Ord. No. 2000M-207
Exhibit A
Legal Description
A tract of land containing 9.28 Acres, being a portion of Lots 37 & 38, Block 80, Allison-
Richey Gulf Coast Home Company as recorded in Volume 2, Page 98 of the Brazoria
County Plat Records, being a portion of a tract recorded in the name of Trinity
Presbytery of the Cumberland Presbyterian Church as recorded under Brazoria County
Clerk's File No. 2004025666 of the Official Records of Brazoria County, Texas.
Page 6 of 9
Ord. No. 2000M-207
Exhibit B
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Page 7 of 9
Ord. No. 2000M-207
Exhibit C
Legal Advertisement
THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: ZONE 20-00004
Notice is hereby given that on Monday. November 16, 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 by telephone or video conference in order to advance the public health goal
of limiting face-to-face meetings (also called "social distancing'') to slow the
spread of the Coronavirus (COVID-19), at the request of Oanh Nguyen,
Windrose Land Service, applicant, on behalf of Ryan Seeley. NAI Partners, rep-
resenting Ble Dodd Investments, owner, for approval of an amendment to the
Southern Tails Planned Development District, a master plan district comprised of
a single-family residential development and three non-residential outparcels, to
allow restaurant uses with drive-thru service within 285 feet of Broadway Street,
on approximately 9.28 acres of land: to wit:
Legal Description: A tract of land containing 9.28 Acres. being a portion of
Lots 37 & 38. Block 80, Allison-Richey Gulf Coast Home Company as
recorded in Volume 2, Page 98 of the Brazoria County Plat Records, being
a portion of a tract recorded in the name of Trinity Presbytery of the
Cumberland Presbyterian Church as recorded under Brazoria County
Clerk's File No. 2004025666 of the Official Records of Brazoria County,
Texas.
General Location: 11900 Block of Broadway 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 Division at 281-652-1765.
Mohamed A. Bireima, AICP
Senior Planner
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Ord. No. 2000M-207
Exhibit D
Planning and Zoning Commission Recommendation Letter
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Planning & Zoning
Conimission
Recommendation Letter
November 17, 2020
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 20-00004
Honorable Mayor and City Council Members:
At their regular meeting on November 16, 2020, the Planning and Zoning Commission
considered the following:
Request: Oanh Nguyen, Windrose Land Service, applicant, on behalf of Ryan
Seeley, NAI Partners, representing Ble Dodd Investments, owner, for approval of
a Planned Development Amendment to the Southern Trails Planned
Development District, a single-family residential development and three non-
residential out-parcels, on approximately 9.28 acres of land.
General Location: 11900 block of Broadway Street
The Commission discussed the proposal and the issues presented during the Joint
Public Hearing. Vice-Chairperson Fuertes commented on the driveway agreement
between the subject property and Alvin ISD. After the brief discussion, the Commission
voted 6-0 to recommend approval of the PD amendment.
Sincerely,
Martin Griggs, AICP, CNU-A
Planning Manager
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-207