Ord. 2000M-0140 2015-12-07 FAILEDOrdinance No. 2000M-140
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
part of a 31.1339 acre tract out of the H.T. & B. RR Company Survey,
Section 11, A-239 and a 10.076 Acre tract out of Section 11. H.T.& B. RR
Co. Survey A-239 Pearland, Brazoria County, Texas (generally located on
the east side of Veterans Drive, approximately 450 feet north of
Magnolia Road, Pearland, TX), Zone Change 2015-12Z, a request of R
West Development Co, Inc., applicant; on behalf of Henry Kurjee of Houston
Business Investments Inc. and Tracy F. Goza of Pearland Magnolia LLC
owner; for approval of a change in zoning from the Light Industrial (M-1)
zoning district to the Single Family Residential -3 (R-3) zoning district:
on approximately 35.6674 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, of R West Development Co, Inc., applicant; on behalf of Henry
Kurjee of Houston Business Investments Inc. and Tracy F. Goza of Pearland Magnolia
LLC, owner; is requesting approval of a change in zoning from the Light Industrial (M-1)
zoning districts to the Single Family Residential - 3 (R-3) zoning district; on
approximately 35.6674 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 November, 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 November, 2015, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed zone change application of R West Development Co, Inc., applicant; on
behalf of Henry Kurjee of Houston Business Investments Inc. and Tracy F. Goza of
Pearland Magnolia LLC, owner; for approval of a change in zoning from the Light
Industrial (M-1) zoning districts to the Single Family Residential - 3 (R-3) zoning district;
on approximately 35.6674 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 7th day of December 2015
and the 14th day of December 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 R West Development Co, Inc., applicant; on behalf of Henry Kurjee
of Houston Business Investments Inc. and Tracy F. Goza of Pearland Magnolia LLC,
owner; for approval of a change in zoning from the Light Industrial (M-1) zoning districts
to the Single Family Residential - 3 (R-3) zoning district; on approximately 35.6674
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),
Page 2 of 10
Ord. No 2000M-140
is hereby granted a change in zoning to Single Family Residential - 3 (R-3), 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 part of a 31.1339 acre tract out of the H.T. & B.
RR Company Survey, Section 11, A-239 and a 10.076 Acre tract out of Section
11. H.T.& B. RR Co. Survey A-239 Pearland, Brazoria County, Texas.
GENERAL LOCATION: East side of Veterans Drive, approximately 450 feet
north of Magnolia Road, 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-140
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 7th day of
December 2015.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14th
day of December, 2015.
TOM REID
MAYOR
Page 4 of 10
Ord. No 2000M-140
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 10
Ord. No 2000M-140
Ordinance No. 2000M-140
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 Zone Change Appli. #2015-12Z a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of October 29, 2015.
Sworn to and subscribed before me this (4_,���
Notary Public
My commission expires on
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September 07, 2018
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: 2015-12Z
Notice is hereby given that on November 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 Cham-
bers of City Hall, located at 3519 Liberty Drive, Pearland, Tex-
as, at the request of R West Development Co, Inc., applicant;
on behalf of Henry Kurjee of Houston Business Investments
Inc. and Tracy F. Goza of Pearland Magnolia LLC, owners; for
approval of a change in zoning from the Light industrial (M-1)
zoning district to the Single Family Residential -3 (R-3) zoning
district; on approximately 35.6674 acres of land. to wit:
Being a part of a 31.1339 acre tract out of the H.T. & B. RR
Company Survey, Section 11, A-239 and a 10.076 Acre tract
out of Section 11. H.T.& B. RR Co. Survey A-239 Pearland,
Brazoria County, TX.
General Location: East side of Veterans Drive, approximately
450 feet north of Magnolia Road, Pearland, TX
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For addi-
tional information, please contact the Planning Department at
281-652-1765
lan Clowes
Senior Planner