Ord. 2000M-0132 2015-03-09 FAILEDOrdinance No. 2000M-132
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 all that
certain 0.9678 acres of land being the northerly part of that 1.727 acre tract
known as JKJ Development, a minor plat recorded as document
2008015246 in the official public records of Brazoria County, Texas,
generally located 200 feet north of the northwest corner of Mykawa
Road and W. Orange Street, Pearland, TX), Zone Change 2015-01Z, a
request of Thomas Offenberger, applicant; on behalf of JK Joseph &
Matthew John, owners; for approval of a change in zoning from the Light
Industrial (M-1) zoning district to the General Business (GB) zoning district;
on approximately 0.9678 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, Thomas Offenberger, applicant; on behalf of JK Joseph & Matthew
John, owners; is requesting approval of a change in zoning from the Light Industrial (M-
1) zoning district to the General Business (GB) zoning district; on approximately 0.9678
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 16th day of February, 2015, 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 16th day of February, 2015, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
Failed on March 9, 2015
proposed zone change application of Thomas Offenberger, applicant; on behalf of JK
Joseph & Matthew John, owners; for approval of a change in zoning from the Light
Industrial (M-1) zoning district to the General Business (GB) zoning district; on
approximately 0.9678 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 9th day of March 2015 and
the 23rd day of March 2015; 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 Thomas Offenberger, applicant; on behalf of JK Joseph & Matthew
John, owners; for approval of a change in zoning from the Light Industrial (M-1) zoning
district to the General Business (GB) zoning district; on approximately 0.9678 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 Light Industrial (M-1)
is hereby granted a change in zoning to General Business (GB), 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 all that certain 0.9678 acres of land being the
northerly part of that 1.727 acre tract known as JKJ Development, a minor plat
recorded as document 2008015246 in the official public records of Brazoria
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Ord. No 2000M-132
County, Texas.
GENERAL LOCATION: 200 feet north of the northwest corner of Mykawa Road
and W. Orange 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.
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
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Ord. No 2000M-132
Ordinance No. 2000M-132
Exhibit "A"
Exhibit A
Legal Description
Being all that certain 0.9678 acres of land being the northerly part of that 1 .727 acre
tract known as JKJ Development, a minor plat recorded as document 2008015246 in
the official public records of Brazoria County, Texas.
Page 5 of 9
Ord. No 2000M-132
Exhibit B
Vicinity Map
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Zone Change 2015-01Z
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Page 6 of 9
Ord. No 2000M-132
Exhibit C
Legal Ad
NOTICE OF AJOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: 2015-01Z
Notice is hereby given that on February 16, 2015 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 Thomas Offenberger,
applicant; on behalf of JK Joseph &Matthew John, owners;for approval
of a change in zoning from the Light Industrial (M-1) zoning district to
the General Business(GB)zoning district; on approximately.9678 acres
of land,to wit:
Being all that certain 0.9678 acres of land being the northerly part
of that 1.727 acre tract known as JKJ Development, a minor plat
recorded as document 2008015246 in the official public records of
B razoria County,Texas.
General Location: Northwest corner of Mykawa Road and W. Orange
Street, Pearl and, 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
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Ord. No 2000M-132
Exhibit D
Planning and Zoning Commission Recommendation Letter
T E X AS
fST
Planning &Zoning Commission
Recommendation Letter
February 17, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 2015-01Z
Honorable Mayor and City Council Members:
At their regular meeting on February 16, 2015, the Planning and Zoning Commission
considered the following:
A request of Thomas Offenberger, applicant; on behalf of JK Joseph & Matthew
John, owners; for approval of a change in zoning from the Light Industrial (M-1)
zoning district to the General Business (GB) zoning district; on approximately
9678 acres of land, on the following described property:
I
LEGAL DESCRIPTION: Being all that certain 0.9678 acres of land being the
northerly part of that 1 .727 acre tract known as JKJ Development, a minor plat
recorded as document 2008015246 in the official public records of Brazoria
County, Texas.
GENERAL LOCATION: Northwest corner of Mykawa Road and W. Orange Street,
Pearland, TX
Page 8 of 9
Ord. No 2000M-132
a
P&Z Commissioner Derrick Reed made a motion to recommend approval of the Zone
Change request. The motion was seconded by P&Z Commissioner Thomas Duncan.
The vote was 0-7and the motion was denied. Commissioners Reed, Starr, McLane,
McFadden, Fuertes, Duncan, and Tunstall all voted to deny the requested zone change.
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
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Ord. No 2000M-132
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 9th day of March,
2015.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of March, 2015.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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Ord. No 2000M-132