Ord. 2000M-0125 2014-11-10 FAILEDOrdinance No. 2000M-125
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 real property, being a 3.850 acre
tract in the H.T. & B.R. R. Company Survey, Abstract No. 564, Brazoria County,
Texas. Said 3.850 acre tract is in Lot 1, Block 1 of the New Harvest Christian
Fellowship Subdivision as recorded in Clerk's File No. 2010052506 in the
Brazoria County Official Public Records, Brazoria County, Texas, located at
12216 Broadway Street, Zone Change 2014-18Z, a request of Arnold A.
Patterson, applicant; on behalf of Pearland New Harvest Christian Fellowship,
Inc. owner; for approval of a change in zoning from the Single Family Residential
1 (R-1) zoning district to the General Business (GB) zoning district, on
approximately 3.850 acres of land; containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
WHEREAS, Arnold A. Patterson, applicant; on behalf of Pearland New Harvest
Christian Fellowship, Inc., owner; is requesting approval of a change in zoning from
Single Family Residential - 1 (R-1) to General Business (GB) on approximately 3.850
acres of land; said property being legally described in the original application for
amendment attached hereto and made a part hereof for all purposes as Exhibit "A" and
more graphically depicted in the location map identified as Exhibit "B"; and
WHEREAS, on the 20th day of October, 2014, 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 20th day of October, 2014, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed zone change application Arnold A. Patterson, applicant; on behalf of Pearland
Failed on November 10, 2014
New Harvest Christian Fellowship, Inc., owner; for approval of a change in zoning from
Single Family Residential — 1 (R-1) to General Business (GB) on approximately 3.850
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 10th day of November
2014 and the 24th day of November 2014; 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 Arnold A. Patterson, applicant; on behalf of Pearland New Harvest
Christian Fellowship, Inc., owner; for approval of a change in zoning from Single Family
Residential — 1 (R-1) to General Business (GB) on approximately 3.850 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 classified as Province Village PD,
is hereby amended, in accordance with all conditions and requirements of the current
Unified Development Code and incorporated for all purposes, such property being more
particularly described as:
LEGAL DESCRIPTION: Being a 3.850 acre tract in the H.T. & B.R.R. Company
Survey, Abstract No. 564, Brazoria County, Texas. Said 3.850 acre tract is in Lot
1, Block 1 of the New Harvest Christian Fellowship Subdivision as recorded in
Clerk's File No. 2010052506 in the Brazoria County Official Public Records
Page 2 of 9
Ord. No 2000M-125
GENERAL LOCATION: 12216 Broadway 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 and to the City Council 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. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000-M and consistent with the approval herein
granted for the reclassification of the herein above described property
Page 3 of 9
Ord. No 2000M-125
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
November, 2014.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of November, 2014.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 9
Ord. No 2000M-125
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