Ord. 2000M-214 2021-08-23 Ordinance No. 2000M-214
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, a tract of land
containing 3.3655 acres (146,602 square feet), being out of Lot 23 of the
Allison-Richey Gulf Coast Home Company Subdivision of Section 8, H.T. &
B.R.R. Company Survey, Abstract No. 504, Brazoria County, Texas,
according to the plat recorded in Volume 2, Page 23 of the Plat Records of
Brazoria County, Texas (located at 6743 Broadway Street, Pearland,
TX). Zone Change Application No. ZONE 21-00011, a request by Tricia
Cardoso, applicant, on behalf of Thomas Skariah, owner, for approval of a
zone change from the General Business (GB) District and Office
Professional (OP) District to the General Commercial (GC) District, on
approximately 3.3655 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, Tricia Cardoso, applicant, on behalf of Thomas Skariah, owner, for
approval of a zone change from the General Business (GB) District and Office
Professional (OP) District to the General Commercial (GC) District, on approximately
3.3655 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 19th day of July 2021, a public hearing was held before the
Planning and Zoning Commission of the City of Pearland, Texas, notice being given by
online publication on the City website, a copy of which 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, the Planning and Zoning commission having fully heard the
testimony and argument of all interested parties, and having been fully advertised in the
premises, submitted its report and recommendation to the City Council regarding the
proposed change in zoning classification from the General Business (GB) District and
Office Professional (OP) District to the General Commercial (GC) 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 191" day of July 2021;
and
WHEREAS, on the 91" day of August, 2021, 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 for the change in
zoning classification from the General Business (GB) District and Office Professional
(OP) District to the General Commercial (GC) District; 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
Stonebridge Planned Development District, is hereby granted approval for change in
zoning classification from the General Business (GB) District and Office Professional
(OP) District to the General Commercial (GC) District, in accordance with all conditions
and requirements of the current Unified Development Code and the amendments
Page 2 of 8
Ord. No. 2000M-214
approved by the City Council; and, such property being more particularly described as:
Legal Description: A tract of land containing 3.3655 acres (146,602 square
feet), being out of Lot 23 of the Allison-Richey Gulf Coast Home Company
Subdivision of Section 8, H.T. & B.R.R. Company Survey, Abstract No. 504,
Brazoria County, Texas, according to the plat recorded in Volume 2, Page 23 of
the Plat Records of Brazoria County, Texas.
General Location: 6743 Broadway Street, Pearland, TX.
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-214
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of August
2021.
. *- 76/
EVIN CO E
MAYOR
ZIS
C YSTAL ROAN, TRMC, CMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of August 2021.
9X' a-
. KEVIN COLE
MAYOR
S :
YS ROAN, TRMC, CMC C/9
CITY SECRETARY ,,.‘`'Q�PR�A/t/,,**-: is-%:1* 4O'�.,
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f L--i ---k , u);:.
APPROVED AS TO FORM: ic: 0%
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__ __64.. . . 4,..._____DARRIN M. COKER
CITY ATTORNEY
Page 4 of 8
Ord. No. 2000M-214
Exhibit A
Legal Description
A tract of land containing 3.3655 acres (146,602 square feet), being out of Lot 23 of the
Allison-Richey Gulf Coast Home Company Subdivision of Section 8, H.T. & B.R.R.
Company Survey, Abstract No. 504, Brazoria County, Texas, according to the plat
recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas.
Page 5 of 8
Ord. No. 2000M-214
Exhibit B
Vicinity Map
�_ Exhibit 1
t Zoning +Aerial Map
1 i Ofo•MU'
ZONE 21-00011
I
o d 6743 Broadway Street
< Zone Change:
A GB&OP to GC
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Page 6 of 8
Ord. No. 2000M-214
Exhibit C
Legal Advertisement
`t0TICE OF PUBLIC HEARIYGS OF
THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL
OF THE CITY Of PEARLAND,TEXAS
Nonce is hereby given that the Planning and Zoning Commission of the City of
Pearland,in Brazoria,Harris and Fort Bend Counhes,Texas,will hold a public
hearing an Monday,July 19,2021.at 620 p.m.,at City Hall.3519 Liberty Dr-,
Pearland.Texas 77581:and that the City Council of the City of Pearland will hold
a hearing and Ordnance adoption consideration on Monday,August 9.2021.at
610 p.m., at City Hall, 3519 Liberty Dr, Pearland, Texas 77581, by
telephone/video conference and n-person with social distancing protocols and
restrictions in order to advance the public health goal of limiting lace-lo-lace
meetings to slow the spread of the Coronavirus(COVtD•191,for the fclowng
cases
1.Unified Development Code Amendments(2000-T-35):A request by the
City of Pearland.applicant,for approval of proposed amendments to the Unified
Development Code,Ordinance No.2000T.In accordance with Section 1.1.4.1
of the United Development Code,to include:
a Amendments to Chapter 2, Section 2 7.3 7, Special Exception for
Noncorrformdies,01 the Untied Development Code,10 allow non-
masonry screening options from residential zoning or uses by spe-
cial exceptions to be grantee by the Zoning Board of Acrluslrnent.
2.Thoroughfare Plan Amendments:A request by the City of Pearland,appli-
cant, tar approval of proposed amendments to the Thoroughfare Plan of the
City's Comprehensive Plan,in accordance with Texas Local Government Code
Section 211 004.to promote health.safety,general welfare,and provide for ade-
quate facilities for transportation.
3.Zone Change Application No.ZONE 21.00010:A request by Eric Langan.
applicant on behalf of RCI Holdngs Inc. owner,for approval of a zone change
from the Business Park-288(BP-288)District 10 the General Commercial(GC1
District,on approximately 11.25 acres of land:to wit:
Legal Description:A tract or parcel of land containing 11.250 acres or 490,034
square teal,being the same called 11.250-acre tract described in a deed to
International Bank of Commerce,as recorded under Harris County Clerk's File
(H C.C.F.)No.20120249527,situated in the D.White Survey.Abstract No.881,
Harris County Texas.
General Location: Southeast Comer of Sam Houston Tollway and Stale
Highway 280
4. Zone Change Application No. ZONE 21-00011: A request by Tricia
Cardoso.applicant,on behati of Thomas Skariah,owner,for approval of a zone
change from the General Business IGB)District and Office Professional(OP)
District to the General Commercial IGCJ District on approximately 3.3655 acres
of land;to wit:
Legal Description:A tract of land containing 3 3655 acres(146,602 square
feet}. being out of Lot 23 of the Allison-Richey Gut Coast Horne Company
Subdivision of Section a, H.T.8 B.R.R.Company Survey,Abstract No.504,
Brazoria County.Texas,according to the plat recorded in Volume 2,Page 23 of
the Plat Records 0 Brazoria County Texas,
General Location:6743 Broadway Street,Pearland,TX.
At said hearing,all Interested parties shall have the right and opportunity to
appear and be heard on the sugect For additional information,please contact
the Planning Department at 281-652-1765
Mohamed A.Bireima,AICP
Sens Planner
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Ord. No. 2000M-214
Exhibit D
Planning and Zoning Commission Recommendation Letter
0 Pl 're
el
I'
TEXAS011
es t. 1 se`
Planning & Zoning Commission
Recommendation Letter
July 20, 2021
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 21-00011
Honorable Mayor and City Council Members:
At their regular meeting on July 19, 2021, the Planning and Zoning Commission
considered the following:
Request: A request by Tricia Cardoso, applicant, on behalf of Thomas Skariah,
owner, for approval of a zone change from the General Business (GB) District
and Office Professional (OP) District to the General Commercial (GC) District, on
approximately 3.3655 acres of land.
General Location: 6743 Broadway Street, Pearland, TX.
The Commission conducted a public hearing for the proposed zone change request.
The applicant was not present online or in-person. There were no persons wishing to
speak for or against the proposed request. Vice Chairperson Dansby stated that he is
fine with the zone change. Chairperson Fuertes said that this property is not abutting
residential property and will have a minimum impact. After the brief discussion, the
Commission voted to approve a recommendation for the request by a vote of 7-0.
Sincerely,
/Teri; 4rAlle
Martin Griggs, AICP, CNU-A
Planning Manager
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-214