Ord. 2000M-219 2021-11-22 uoc.uiyn tnveiope iu 44Ufi4 I UU—tUtsr-4l t -A41 r-UyyUHLJ5tS46C.
Ordinance No. 2000M-219
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 9 569 acres
(416,845 square feet) of land, being a called 9.65 acres tract, being the
North one-half of Block 43, Section No. 2, of the H.T & B R R Co Survey,
Certificate 361, Abstract No 542, Save & Except a 0.1091-acre tract,
conveyed to the State of Texas, per B.C.C.F. No. 2005023018, Brazona
County, Texas (located at 1613 Main Street, Pearland, TX). Zone Change
Application No ZONE 21-00017, a request by Jose Jaramillo, RSG
Engineering, applicant, on behalf of DN 18 Rivers LLC, owner, for approval
of a zone change from the General Commercial (GC) District to the
Light Industrial (M-1) District, on approximately 9 569 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, Jose Jaramillo, RSG Engineering, applicant, on behalf of DN 18
Rivers LLC, owner, is requesting approval of a zone change from the General
Commercial (GC) District to the Light Industrial (M-1) District, on approximately 9.569
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 18th day of October 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
uocubign tnveiope iU 44C.A41 UU-tUt11--41 h9-A41 F-u99UA139B46C.
premises, submitted its report and recommendation to the City Council regarding the
proposed change in zoning classification from the General Commercial (GC) District to
the Light Industrial (M-1) 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 18th day of October
2021, and
WHEREAS, on the 8th day of November, 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 Commercial (GC) District to the Light
Industrial (M-1) 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 General
Commercial (GC) District, is hereby granted approval for change in zoning classification
from the General Commercial (GC) District to the Light Industrial (M-1) District, in
accordance with all conditions and requirements of the current Unified Development
Code and the amendments approved by the City Council, and, such property being
more particularly described as.
Page 2 of 8
Ord No 2000M-219
DocuSign Envelope ID 44CA410D-EOBF-41 E9-A41 F-099DA239B46C
Legal Description 9 569 acres (416,845 square feet) of land, being a called
9 65 acres tract, being the North one-half of Block 43, Section No 2, of the H T
& B.R.R. Co. Survey, Certificate 361, Abstract No 542, Save & Except a 0 1091-
acre tract, conveyed to the State of Texas, per B.C.C.F. No. 2005023018,
Brazona County, Texas.
General Location: 1613 Main 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
approval on second and final reading
Page 3 of 8
Ord No 2000M-219
DocuSign Envelope ID 44CA410D-E0BF-41E9-A41F-099DA239B46C
PASSED, APPROVED, and ADOPTED on First Reading this 8th day of
November 2021 .
(—DocuSigned by
)7KVIN3tFOLE
MAYOR
ATU cuSfgnedby
\C—ItittA ` OAN, TRMC, CMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd
day of November 2021
DocuSigned by
`A3OLE
MAYOR
oLby
'CR iYS �,�z ar I4OAN, TRMC, CMC
... `.,o� EQ''%
CITY SECRETARY _�,`:
APPROVED AS TO FORM: \
. ..
— by ,,,'',,4b,4uUpUdN��t`'
DocuSigned �
1375 R1 P (`BbOKER
CITY ATTORNEY
Page 4 of 8
Ord No 2000M-219
DocuSign Envelope ID 44CA410D-EOBF-41 E9-A41 F-099DA239B46C
Exhibit A
Legal Description
9.569 acres (416,845 square feet) of land, being a called 9 65 acres tract, being the
North one-half of Block 43, Section No. 2, of the HT & B R R Co Survey, Certificate
361, Abstract No. 542, Save & Except a 0 1091-acre tract, conveyed to the State of
Texas, per B.C.C.F. No. 2005023018, Brazona County, Texas
Page 5 of 8
Ord No 2000M-219
DocuSign Envelope ID 44CA410D-EOBF-41E9-A41F-099DA239846C
Exhibit B
Vicinity Map
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Page 6 of 8
Ord No 2000M-219
DocuSign Envelope ID 44GA410D-EOBF-41 E9-A41 F-099DA239B46C
Exhibit C
Legal Advertisement
NOTICE OF PUBLIC HEARINGS OF
THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL
OF THE CITY OF PEARLAPD,TEXAS
Notice Is hereby given that the Planning and Zoning Commission of the City of
Pearland,in Brazoria,Harris and Fort Bend Counties,Texas,will hold a public
hearing for the following cases on Monday,October 18,2021,at 610 p.m.,at
City Hal,3519 Liberty Dr. Pearland,Texas 77581;and that the City Council of
the City of Pearland will hold a hearing and Ordinance adoption consideration for
the same on Monday,November 8,2021,at 6:30 pin.,at City Hall.3519 Liberty
Dr,Pearland,Texas 77581
1 Zone Change Application No,Z0NE21-00017:A request by Jose Jaramillo,
RSG Engineering,applicant,on behalf of DN 18 Rivers LLC,owner,for approval
of a zone change from the General Commercial (GC) Distract to the Light
Industrial(M•1)District,on approximately 9.569 acres of land:to wit:
Legal Description:9.569 acres(416.845 square feet)of land,being a called
9 65 acres tract,berg the North one-half of Block 43,Section No 2,of the H T
&ERR Co.Survey,Certificate 361.Abslract No.542 Save&Except a 0.1091-
acre tract. conveyed to the State of Texas. per B.C.C.F No. 2005023018,
&azoda County,Texas
General Location.1613 Main Street,Pearland,TX.
At said hearing, all interested parties shall have the right and opportunity to
appear and be heard on the subject. For acditional information,please contact
the Community Development Department at 281-652 1765
Mohamed A Bireima AICP
Senior Planner
Page 7 of 8
Ord. No. 2000M-219
DocuSign Envelope ID 44CA410D-EOBF-41E9-A41F-099DA239B46C
Exhibit D
Planning and Zoning Commission Recommendation Letter
^t4A�
c
TEXAS
EST 'B *
Planning & Zoning Commission
Recommendation Letter
October 19, 2021
Honorable Mayor and City Council Members
3519 Liberty Drive
Re Recommendation on Zone Change Application No ZONE 21-00017
Honorable Mayor and City Council Members
At their regular meeting on October 18, 2021, the Planning and Zoning Commission considered
the following-
Request: Jose Jaramillo, RSG Engineering, applicant, on behalf of DN 18 Rivers LLC,
owner, for approval of a zone change from the General Commercial (GC) District to the
Light Industrial (M-1) District, on approximately 9.569 acres of land
General Location. 1613 Main Street, Pearland, TX
The Commission conducted a public hearing for the proposed zone change request. The
applicant was not available for the meeting. After a brief discussion on uses within the M-1
district, the P&Z voted to approve a recommendation from GC to M-1 by a vote of 7-0 This
recommendation constitutes a positive recommendation for City Council consideration..
Sincerely,
Martin Griggs, AICP, CNU-A,
Planning Manager
On behalf of the Planning and Zoning Commission
Page 8 of 8
Ord No 2000M-219