Ord. 2000M-231 2022-09-12
Ordinance No. 2000M-231
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 or
parcel containing 8.834 acres or 384,808 square feet of land being out of
and a part of the remainder of a called 36.166-acre tract described in a deed
to SHT/Kirby, Ltd., as recorded under Harris County Clerk’s File No.
20080049996 situated in the D. White Survey, Abstract No. 876, Harris
County, Texas (located at the southwest corner of Hooper Road and
Sam Houston Tollway). Zone Change Application No. ZONE 22-17, a
request by Adkisson GC Partners, LLC, represented by Anthony Sarao,
applicant, on behalf of Hooper Partner Investment, LP, owner, for approval of
a zone change for approximately 8.834 acres of land from Spectrum (S-1)
District to Planned Development (PD) 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, Adkisson GC Partners, LLC, represented by Anthony Sarao,
applicant, on behalf of Hooper Partner Investment, LP, owner, is requesting approval of
a zone change from Spectrum (S-1) District to Planned Development (PD) District, on
approximately 8.834 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 1st of August 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
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Ord. No. 2000M-231
premises, submitted its report and recommendation to the City Council regarding the
proposed change in zoning classification from Spectrum (S-1) District to Planned
Development (PD) District, on approximately 8.834 acres of land, said recommendation
attached hereto and made a part hereof for all purposes as Exhibit “D”; and
WHEREA S, upon receipt of the r eport 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 1st day of August
2022; and
WHEREAS, on the 22nd day of August, 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 Spectrum (S-1) District to Planned Development (PD) District,
on approximately 8.834 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 Spectrum
(S-1) District, is hereby granted approval for change in zoning classification to Planned
Development (PD) District, in accordance with all conditions and requirements of the
current Unified Development Code and the amendments approved by the City Council;
said amendments attached hereto and made a part hereof for all purposes as Exhibit
“E”, and such property being more particularly described as:
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Ord. No. 2000M-231
Legal Description: A tract or parcel containing 8.834 acres or 384,808 square
feet of land being out of and a part of the remainder of a called 36.166-acre tract
described in a deed to SHT/Kirby, Ltd., as recorded under Harris County Clerk’s
File No. 20080049996 situated in the D. White Survey, Abstract No. 876, Harris
County, Texas.
General Location: Southwest Corner of Hooper Road and Sam Houston
Tollway.
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 a nd 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.
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Ord. No. 2000M-231
PASSED, APPROVED, and ADOPTED on First Reading this 22nd day of August 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th
day of September 2022.
________________________
J.KEVIN COLE
MAYOR
ATTEST:
_____________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
_____________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit A
Legal Description
A tract or parcel containing 8.834 acres or 384,808 square feet of land being out of and
a part of the remainder of a called 36.166-acre tract described in a deed to SHT/Kirby,
Ltd., as recorded under Harris County Clerk’s File No. 20080049996 situated in the D.
White Survey, Abstract No. 876, Harris County, Texas.
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Exhibit B
Vicinity Map
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Exhibit C
Legal Advertisement
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Exhibit D
Planning and Zoning Commission Recommendation Letter
Recommendation Letter
August 2, 2022
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 22-17
Honorable Mayor and City Council Members:
At their regula r meeting on August 1, 2022, the Planning and Zoning Commission considered
the following request:
Request: Adkisson GC Partners, LLC, represented by Anthony Sarao, applicant, on
behalf of Hooper Partner Investment, LP, owner, for approval of a zone change for 8.834
acres of land from Spectrum (S-1) District to Planned Development (PD) District.
Legal Description: A tract or parcel containing 8.834 acres or 384,808 square feet of
land being out of and a part of the remainder of a called 36.166-acre tract described in a
deed to SHT/Kirby, Ltd., as recorded under Harris County Clerk’s File No. 20080049996
situated in the D. White Survey, Abstract No. 876, Harris County, Texas.
General Location: Southwest Corner of Hooper Road and Sam Houston Tollway.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request. The applicant presented the case and their desire to rezone the property to
accommodate speculative office warehouse development. The Commission had a question
about the LNR Clear Creek PUD and how this property rezoning fits into the overall PUD. After
discussion, a motion to approve the requested zone change from S-1 to PD was approved by a
vote of 6-0.
Sincerely,
Mohamed A. Bireima, AICP, Senior Planner
On behalf of the Plann ing and Zoning Commission
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