Ord. 2000M-0139 2015-11-23Ordinance No. 2000M-139
Ordinance No. 2000M-139 - 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 3.850 acre tract in the H.T. & B.R.R. Company
Survey, Abstract No. 564, Brazoria County. Texas. Said 3.850 acre tract is in
Lot 1, Block 1 of the New Harvest Christian Fellowship Subdivision as
recorded in Clerk's File No. 2010052506 in the Brazoria County Official
Public Records, Brazoria County, Texas (generally located at 12216
Broadway Street, Pearland, TX), Zone Change 2015-10Z. a request of
Arnold A Patterson, applicant; on behalf of Pearland New Harvest Christian
Fellowship, Inc. owner: for approval of a change in zoning from the Single
Family Residential — 1 (R-1) zoning districts to the Office Professional
(OP) zoning district: on approximately 3.850 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, Arnold A Patterson. applicant; on behalf of Pearland New Harvest
Christian Fellowship. Inc. owner; is requesting approval of a change in zoning from the
Single Family Residential — 1 (R-1) zoning districts to the Office Professional (OP)
zoning district; on approximately 3.850 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 19th day of October, 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 19th day of October, 2015, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed zone change application of Arnold A Patterson, applicant; on behalf of
Pearland New Harvest Christian Fellowship. Inc. owner: for approval of a change in
zoning from the Single Family Residential — 1 (R-1) zoning districts to the Office
Professional (OP) zoning district; on approximately 3.850 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 November 2015
and the 23rd day of November 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 Arnold A Pattersonapplicant: on behalf of Pearland New Harvest
Christian Fellowship. Inc. owner: for approval of a change in zoning from the Single
Family Residential — 1 (R-1) zoning districts to the Office Professional (OP) zoning
district; on approximately 3.850 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 Single Family
Residential — 1 (R-1), is hereby granted a change in zoning to Office Professional (OP).
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:
Ord No 2000M-139
LEGAL DESCRIPTION: Being a 3.850 acre tract in the H.T. & B.R.R. Company
Survey. Abstract No. 564, Brazoria County, Texas. Said 3.850 acre tract is in Lot
1. Block 1 of the New Harvest Christian Fellowship Subdivision as recorded in
Clerk's File No. 2010052506 in the Brazoria County Official Public Records,
Brazoria County. Texas.
GENERAL LOCATION: 12216 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.
Ord No 2000M-139
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 9'r' day of
November, 2015.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of November, 2015.
TOM REID
MAYOR
Ord No 2000M-139
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
s
Ord No 2000M-139
Ordinance No. 2000M-139
Exhibit "A"
Exhibit A
Legal Description
Being a 3.850 acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 564,
Brazoria County, Texas. Said 3.850 acre tract is in Lot 1, Block 1 of the New Harvest
Christian Fellowship Subdivision as recorded in Clerk's File No. 2010052506 in the
Brazoria County Official Public Records, Brazoria County. Texas
Page 6 of 10
Ord. No 2000M-139
Ordinance No. 2000M-139
Exhibit "B"
Exhibit B
Vicinity Map
,4.i4v •
.aihr
z'111•....,1
,4"
°
4(1
••• • 4.1.
BROADWAY -ST 60.1116111111111. arralminglv''
,
-411
r
,
r- rtfo 3-1
r7;r:JW, ossrnliit_
LN 464,
r *P.
.fri14114(0'
Exhibit 1
AERIAL MAP
Zone Change 2015-10Z
12216 Broadway St.
'11Flock.x,.: fox laionramr.al Furpx.e:
k.r., bets prep.:of k.: ea be :=3.Ke
tor ensw."131,t or rurre,..-44. purpo:et
St: act :rm.= a oe.,:ar ay.& :.a..<7 And
3o.17 ie :ocaaoo
inch = 377 feet
OCTOBER ZJI1
PLANMNG DARTh
Page 7 of 10
Ord. No 2000M-139
Ordinance No. 2000M-139
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 App. #2015-10Z a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of October 1, 2015.
Publisher's Representative
Sworn to and subscribed before me this ,'am- day ofA4df'/%1,C1it, 2015.
i�4Aigt.
Notary Public/
My commission expires on .*V-P/%411C_ c2O/
MARILYN ZARATE
( �` $ Notory Public. Stote of Texas
%+4 , My Commission Expires
S+;'6;';';,`,+�''- 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: 2015-10Z
Notice is hereby given that on October 19, 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
Arnold A Patterson, applicant; on behalf of Pearland New
Harvest Christian Fellowship, Inc. owner; for approval of a
change in zoning from the Single Family Residential — 1
(R-1) zoning district to the Office Professional (OP) zoning
district; on approximately 3.850 acres of land, to wit:
Being a 3.850 acre tract in the H.T. & B.R.R. Company
Survey, Abstract No. 564, Brazoria County, Texas. Said
3.850 acre tract is in Lot 1, Block 1 of the New Harvest
Christian Fellowship Subdivision as recorded in Clerk's
File No. 2010052506 in the Brazoria County Official Public
Records.
General Location: 12216 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
Ordinance No. 2000M-139
Exhibit "C"
Exhibit C
Legal Ad
NOTICE OFA JOINT PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: 2015-10Z
Notice is hereby given that on October 19, 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
Arnold A Patterson, applicant; on behalf of Pearland New
Harvest Christian Fellowship. Inc. owner; for approval of a
change in zoning from the Single Family Residential — 1
(R-1) zoning district to the Office Professional (OP) zoning
district; on approximately 3.850 acres of land, to wit:
Being a 3.850 acre tract in the H.T. & B.R.R. Company
Survey, Abstract No. 564, Brazoria County, Texas. Said
3.850 acre tract is in Lot 1, Block 1 of the New Harvest
Christian Fellowship Subdivision as recorded in Clerk's
File No. 2010052506 in the Brazoria County Official Public
Records.
General Location: 12216 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.
lan Clowes
Senior Planner
Page 8 of 10
Ord. No 2000M-139
Ordinance No. 2000M-139
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
October 20, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland. TX 77581
Re: Recommendation on Zone Change Application No. 2015-10Z
Honorable Mayor and City Council Members:
At their regular meeting on October 19'", 2015, the Planning and Zoning Commission
considered the following:
A request of Arnold A Patterson, applicant; on behalf of Pearland New Harvest
Christian Fellowship. Inc. owner: for approval of a change in zoning from the
Single Family Residential — 1 (R-1) zoning district to the Office Professional (OP)
zoning district; on approximately 3.850 acres of land:
LEGAL DESCRIPTION: Being a 3.850 acre tract in the H.T. & B.R.R. Company
Survey, Abstract No. 564. Brazoria County, Texas. Said 3.850 acre tract is in Lot
1. Block 1 of the New Harvest Christian Fellowship Subdivision as recorded in
Clerk's File No. 2010052506 in the Brazoria County Official Public Records,
Brazoria County. Texas.
GENERAL LOCATION: 12216 Broadway Street, Pearland, TX
P&Z Vice Chairperson Daniel Tunstall made a motion to recommend approval of the
Zone Change request. The motion was seconded by P&Z Commissioner Mary Starr.
Page 9 of 10
Ord. No 2000M-139
The vote was 5-0 and the motion was approved. Commissioners Isenberg, Starr,
Pradia, Fuertes, and Tunstall 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-139