Ord. 2000M-0127 2014-12-15Ordinance No. 2000M-127
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 1.385 acres
of land out of called 14.0513 acres of land, said 14.135 being all of Lots 9 and 12
and Part of Lot 7 of partition of the East 1/2 of Northwest 1/4 of Section 15, HT&B
RR Co. Survey. A-241, Brazoria County, Texas and being the South 183.60 feet
of Lot 8, and a portion of Lot 7 out of a called 14.0513 acre tract being all of Lots
9 and 12 and Part of Lot 7 of partition of the East 1/2 of Northwest 1/4 of Section
15, HT&B RR Co. Survey, A-241, Brazoria County, Texas. According to the Plat
recorded in Vol. 441, Page 265 of the Deed Records of Brazoria County, Texas,
located at 6906 Broadway Street, Zone Change 2014-19Z, a request of Chad
Thuman. applicant; on behalf of Wayne Thuman, owner: for approval of a change
in zoning from the General Commercial (GC) and General Business (GB) zoning
districts to the General Business (GB) and Single Family - 1 (R-1) zoning
districts; on approximately 2.734 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, Chad Thuman, applicant; on behalf of Wayne Thuman, owner; is
requesting approval of a change in zoning from General Commercial (GC) and General
Business (GB) zoning districts to the General Business (GB) and Single Family - 1 (R-1)
on approximately 2.734 acres of land: 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 17th day of November, 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 17th day of November, 2014, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed zone change application of Chad Thuman, applicant; on behalf of Wayne
Thuman, owner; for approval of a change in zoning from General Commercial (GC) and
General Business (GB) zoning districts to the General Business (GB) and Single Family
- 1 (R-1) on approximately 2.743 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 8th day of December 2014
and the 15th day of December 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 Chad Thuman, applicant; on behalf of Wayne Thuman, owner; for
approval of a change in zoning from General Commercial (GC) and General Business
(GB) zoning districts to the General Business (GB) and Single Family - 1 (R-1) on
approximately 2.743 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 General Commercial
(GC) and General Business (GB), is hereby granted a change in zoning to General
Business (GB) and Single Family - 1 (R-1). 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:
Page 2 of 10
Ord. No 2000M-127
LEGAL DESCRIPTION: Being 1.385 acres of land out of called 14.0513 acres of
land. said 14.135 being all of Lots 9 and 12 and Part of Lot 7 of partition of the
East 1/2 of Northwest 1/4 of Section 15, HT&B RR Co. Survey, A-241, Brazoria
County, Texas and being the South 183.60 feet of Lot 8, and a portion of Lot 7
out of a called 14.0513 acre tract being all of Lots 9 and 12 and Part of Lot 7 of
partition of the East 1/2 of Northwest 1/4 of Section 15, HT&B RR Co. Survey, A-
241, Brazoria County. Texas. According to the Plat recorded in Vol. 441, Page
265 of the Deed Records of Brazoria County, Texas
GENERAL LOCATION: 6906 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 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.
Page 3 of 10
Ord. No 2000M-127
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
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 8"' day of
Decemberr, 2014.
ATTEST:
TOM REID
MAYOR
N LO/TARY
SEC
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 15`"
day of December, 2014.
ATTEST:
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TOM REID
MAYOR
Page 4 of 10
Ord. No 2000M-127
A OVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 10
Ord. No 2000M-127
Ordinance No. 2000M-127
Exhibit "A"
Exhibit A
Legal Description
Being 1.385 acres of land out of called 14.0513 acres of land, said 14.135 being all of
Lots 9 and 12 and Part of Lot 7 of partition of the East 1/2 of Northwest 1/4 of Section 15,
HT&B RR Co. Survey, A-241, Brazoria County, Texas and being the South 183.60 feet
of Lot 8, and a portion of Lot 7 out of a called 14.0513 acre tract being all of Lots 9 and
12 and Part of Lot 7 of partition of the East 1/2 of Northwest 1/4 of Section 15, HT&B RR
Co. Survey, A-241, Brazoria County, Texas. According to the Plat recorded in Vol. 441,
Page 265 of the Deed Records of Brazoria County, Texas
Page 6 of 10
Ord. No 2000M-127
Ordinance No. 2000M-127
Exhibit "B"
Exhibit B
Vicinity Map
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Exhibit 2
AER IAL MAP
Zone Change 2014-19Z
6906 Broadway St.
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Page 7 of 10
Ord. No 2000M-127
Ordinance No. 2000M-127
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of October 30, 2014.
Sworn to and subscribed before me this
ublisher's Representative
/O _ day of Ain/ . , 2014.
Notary Public
My commission expires on
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zone d7tcL rt&;2_
ao- iqz
Thursday, October 30, 2014, Page 19A
Bay Area Citizen • Friendswood Journal • Pearland Journal
Legal Notices
Legal Notices
NOTICE OF A JOINT PUBLIC HEARING
OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: 2014-19Z
Notice is hereby given that on November 17, 2014 at 6:30
p.m., the City Council and Planning and Zoning Commission
of the City of Pearland, in Brazoria, Harris and Fort Bend
Counties, Texas, will conduct a joint public hearing in the
Council Chambers of City Hall, located at 3519 Liberty
Drive, Pearland, Texas, at the request of Chad Thuman,
applicant; on behalf of Wayne Thuman. owner; for approval
of a change in zoning from the General Commercial (GC)
and General Business (GB) zoning districts to the General
Business (GB) and Single Family - 1 (R-1) zoning districts;
on approximately 2.734 acres of land. to wit:
Being 1.385 acres of land out of called 14.0513 acres of
land, said 14.135 being all of Lots 9 and 12 and Part of Lot
7 of partition of the East 1/2 of Northwest 1/4 of Section 15,
HT&B RR Co. Survey, A-241, Brazoria County, Texas and
being the South 183.60 feet of Lot 8, and a portion of Lot
7 out of a called 14.0513 acre tract being all of Lots 9 and
12 and Part of Lot 7 of partition of the East 1/2 of Northwest
1/4 of Section 15, HT&B RR Co. Survey, A-241, Brazoria
County, Texas. According to the Plat recorded in Vol. 441,
Page 265 of the Deed Records of Brazoria County, Texas.
General Location: 6906 Broadway Street, Pearland, TX
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject.
For additional information, please contact the Planning
Department at 281-652-1765.
Ian Clowes
Senior Planner
Exhibit C
Legal Ad
OTICE OFA JOINT PUBLIC HEARING
OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: 2014-19Z
Notice is hereby given that on November 17, 2014 at 6.30
p_m_,the City Council and Planning and Zoning Commission
of the City of Pearland, in Brazoria, Harris and Fort Bend
Counties, Texas, will conduct a joint public hearing in the
Council Chambers of City Hall, located at 3519 Liberty
Drive, Pearland, Texas, at the request of Chad Thurman,
applicant; on he half of Wayne Thuman_ owner; for approval
of a change in zoning from the General Commercial (GC)
and General Business (GB) zoning districts to the General
Business (GB) and Single Family - 1 (R-1) zoning districts;
on approximately 2.734 acres of land, to wit:
Being 1.385 acres of land out of called 14.0513 acres of
land, said 14.135 being all of Lots 9 and 12 and Part of Lot
7 of partition of the East 1,4 of Northwest 'i."4 of Section 15,
HT&B RR Co. Survey, A-241, Brazoria County, Texas and
being the South 183.60 feet of Lot 8, and a portion of Lot
7 out of a called 14.0513 acre tract being all of Lots 9 and
12 and Part of Lot 7 of partition of the East Y.201 Northwest
of Section 15, HT&B RR Co. Survey, A-241, Brazoria
County, Texas. According to the Plat recorded in Vol. 441,
Page 265 of the Deed Records of Brazoria County, Texas_
General Location: 6906 Broad/ray Street, Pearland, TX
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject.
For additional information, please contact the Planning
Department at 281-652-1765.
Ian Clowes
Senior Planner
Page 8 of 10
Ord. No 2000M-127
Ordinance No. 2000M-127
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
November 18, 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 2014-19Z
Honorable Mayor and City Council Members:
At their regular meeting on November 17, 2014, the Planning and Zoning Commission
considered the following:
A request Chad Thuman, applicant; on behalf of Wayne Thuman, owner; for
approval of a change in zoning from the General Commercial (GC) and General
Business (GB) zoning districts to the General Business (GB) and Single Family -
1 (R-1) zoning districts; on approximately 2.734 acres of land. on the following
described property:
LEGAL DESCRIPTION: Being 1.385 acres of land out of called 14.0513 acres of
land, said 14.135 being all of Lots 9 and 12 and Part of Lot 7 of partition of the
East 1/2 of Northwest 1/4 of Section 15, HT&B RR Co. Survey, A-241, Brazoria
County, Texas and being the South 183.60 feet of Lot 8, and a portion of Lot 7
out of a called 14.0513 acre tract being all of Lots 9 and 12 and Part of Lot 7 of
partition of the East 1/2 of Northwest 1/4 of Section 15, HT&B RR Co. Survey, A -
Page 9 of 10
Ord. No 2000M-127
241, Brazoria County, Texas. According to the Plat recorded in Vol. 441, Page
265 of the Deed Records of Brazoria County. Texas.
GENERAL LOCATION: 6906 Broadway Street, Pearland, TX
P&Z Commissioner Mary Starr made a motion to recommend approval of the Zone
Change request. The motion was seconded by P&Z Commissioner Derrick Reed. The
vote was 7-0 and the motion was approved. Commissioners Reed, Starr, McLane,
McFadden, Fuertes, Tunstall, and Duncan all voted in favor of the requested zone
change.
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Page 10 of 10
Ord. No 2000M-127