Loading...
Ord. 2000M-226 2022-07-25 Ordinance No. 2000M-226 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 tract of land containing 4.8787 acres (212,517 square feet), situated in the H.T.&B. Railroad Company Survey, Abstract No. 506, Brazoria County, Texas, being the south ½ half of Lot 29 of the Allison-Richey Gulf COAST Home Company Survey of Section 20, as recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas (located at 2700 Block of Hillhouse Road, Pearland, Texas). Zone Change Application No. ZONE 22-08, a request by Anup Pande, applicant, on behalf of Hillhouse Holdings, owner, for approval of a zone change for approximately 4.8787 acres of land from Neighborhood Service (NS) District to Single-family Residential-4 (R-4) District; 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, Anup Pande, applicant, on behalf of Hillhouse Holdings, owner, is requesting approval of a zone change from the Neighborhood Service (NS) District to Single-family Residential-4 (R-4) District, on approximately 4.8787 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 20th of June 2022, 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 DocuSign Envelope ID: D646CE74-A352-4422-AC5F-57F9CAC60832 Page 2 of 9 Ord. No. 2000M-226 premises, submitted its report and recommendation to the City Council regarding the proposed change in zoning classification from the Neighborhood Service (NS) District to Single-family Residential-4 (R-4) 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 11th day of July 2022; and WHEREAS, on the 11th day of July, 2022, 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 Neighborhood Service (NS) District to Single-family Residential-4 (R-4) 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 Neighborhood Service (NS) District, is hereby granted approval for change in zoning classification to the Single-family Residential-4 (R-4) 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: DocuSign Envelope ID: D646CE74-A352-4422-AC5F-57F9CAC60832 Page 3 of 9 Ord. No. 2000M-226 Legal Description: Being a tract of land containing 4.8787 acres (212,517 square feet), situated in the H.T.&B. Railroad Company Survey, Abstract No. 506, Brazoria County, Texas, being the south ½ half of Lot 29 of the Allison-Richey Gulf COAST Home Company Survey of Section 20, as recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas. General Location: 2700 Block of Hillhouse Road, 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 approval on second and final reading. DocuSign Envelope ID: D646CE74-A352-4422-AC5F-57F9CAC60832 Page 4 of 9 Ord. No. 2000M-226 PASSED, APPROVED, and ADOPTED on First Reading this 11th day of July 2022. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ TIA MOORE DEPUTY CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day of July 2022. ________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: D646CE74-A352-4422-AC5F-57F9CAC60832 Page 5 of 9 Ord. No. 2000M-226 Exhibit A Legal Description A tract of land containing 4.8787 acres (212,517 square feet), situated in the H.T.&B. Railroad Company Survey, Abstract No. 506, Brazoria County, Texas, being the south ½ half of Lot 29 of the Allison-Richey Gulf COAST Home Company Survey of Section 20, as recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas. DocuSign Envelope ID: D646CE74-A352-4422-AC5F-57F9CAC60832 Page 6 of 9 Ord. No. 2000M-226 Exhibit B Vicinity Map DocuSign Envelope ID: D646CE74-A352-4422-AC5F-57F9CAC60832 Page 7 of 9 Ord. No. 2000M-226 Exhibit C Legal Advertisement DocuSign Envelope ID: D646CE74-A352-4422-AC5F-57F9CAC60832 Page 8 of 9 Ord. No. 2000M-226 Exhibit D Planning and Zoning Commission Recommendation Letter Recommendation Letter June 21, 2022 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Zone Change Application No. ZONE 22-08 Honorable Mayor and City Council Members: At their regular meeting on June 20, 2022, the Planning and Zoning Commission considered the following request: Request: Anup Pande, applicant, on behalf of Hillhouse Holdings, owner, for approval of a zone change for approximately 4.8787 acres of land from Neighborhood Service (NS) District to Single-family Residential-4 (R-4) District. Legal Description: Being a tract of land containing 4.8787 acres (212,517 square feet), situated in the H.T.&B. Railroad Company Survey, Abstract No. 506, Brazoria County, Texas, being the south ½ half of Lot 29 of the Allison- Richey Gulf COAST Home Company Survey of Section 20, as recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas. General Location: 2700 Block of Hillhouse Road, Pearland, Texas. At their regular meeting on June 20, 2022, the Commission conducted a public hearing for the proposed zone change request. The applicant was available during the meeting and made a presentation discussing their desire to build a residential development on the 4.87 acres of land. The Commission discussed the neighboring subdivision (Sunrise Lakes), the desire for preservation of existing trees on the subject property, the lack of frontage and access for commercial development on the subject property being removed from major thoroughfare, and the City's desire for housing diversity. After discussion, the Commission took a vote to recommend approval the requested zone DocuSign Envelope ID: D646CE74-A352-4422-AC5F-57F9CAC60832 Page 9 of 9 Ord. No. 2000M-226 change from NS to R-4 the vote was approved by a vote of 6-1 with Commissioner Boswell voting against the request. Sincerely, Mohamed A. Bireima, AICP Senior Planner On behalf of the Planning and Zoning Commission DocuSign Envelope ID: D646CE74-A352-4422-AC5F-57F9CAC60832