Ord. 2000M-0145 2016-05-09 Ordinance No. 2000M-145
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 four tracts of
land, approximately 27.581 acres in Annexation Area 2, identified as AO 549 H
T & BRR tract 11A, Acres 7.635; LT 1B 549 H T & B, Acres 4.946; G.C. Smith LT
1 549 H T & B, Acres 5.000; and G.C. Smith LT2 549 H T & B, Acres 10.000 and,
five tracts of land, approximately 7.869 acres in Annexation Area 2, identified
as A0549 HT & BRR Tract 21 B called Tract 1, Acres 2.200; LT 21B1 (called
Tract 4) 550 H T & B, Acres 2.5; A0550 HT & B R R, Tract 21D, Acres 2.5;
A0550HT & BRR Tract 21, Acres 0.789; A0550 HT & BRR Tract 21E, Acres
2.25. (generally located near the Southeast corner of FM 1128/Manvel Road
and Bailey Road, Pearland, TX and Southwest corner of Bailey Road and
Veterans Road.), Zone Change Application No. 2016-03Z, a city initiated
request for approval of a zone change in the recently annexed Area 2 (south of
Bailey Road between FM 1128/ and Veterans Road) from Suburban
Development (SD) zoning district to General Business (GB) zoning district; on
approximately 35.450 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, a city initiated request for approval of a zone change in the recently
annexed Area 2 (south of Bailey Road between FM 1128/Manvel Road and Veterans
Road) from Suburban Development (SD) zoning district to General Business (GB)
zoning district; on approximately 35.450 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 21th day of March, 2016, 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, a city initiated request for approval of a zone change in the recently
annexed Area 2 (south of Bailey Road between FM 1128/Manvel Road and Veterans
Road) from Suburban Development (SD) zoning district to General Business (GB)
zoning district; on approximately 35.450 acres of land said recommendation attached
hereto and made a part hereof for all purposes as Exhibit `'D"; said amended PD
attached hereto as Exhibit E: 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 11th day of April 2016;
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 a city initiated request for approval of a zone change in the recently
annexed Area 2 (south of Bailey Road between FM 1128/Manvel Road and Veterans
Road) from Suburban Development (SD) zoning district to General Business (GB)
zoning district; on approximately 35.450 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 Suburban Development (SD), is
hereby granted a change in zoning to a General Business (GB), in accordance with all
conditions and requirements of the current Unified Development Code and incorporated
•I for all purposes, such property being more particularly described as:
LEGAL DESCRIPTION: Being four tracts of land. approximately 27.581 acres in
I
Page 2 of 10
0 Ord. No 2000M-145
Annexation Area 2, identified as AO 549 H T & BRR tract 11A, Acres 7.635; LT 1B
549 H T & B. Acres 4.946; G.C. Smith LT 1 549 H T & B, Acres 5.000; and G.C.
Smith LT2 549 H T & B. Acres 10.000.
GENERAL LOCATION: near the Southeast corner of FM 1128/Manvel Road and
Bailey Road, Pearland. TX.
And,
LEGAL DESCRIPTION: five tracts of land, approximately 7.869 acres in Annexation
Area 2, identified as A0549 H T & BRR Tract 21 B called Tract 1 , Acres 2.200; LT
21B1 (called Tract 4) 550 H T & B. Acres 2.5; A0550 HT & B R R, Tract 21 D, Acres
2.5; A0550 H T & BRR Tract 21 , Acres 0.789; A0550 HT & B R R Tract 21 E, Acres
2.25.
GENERAL LOCATION: Southwest corner of Bailey Road and Veterans Road.
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
1
Page 3 of 10
Ord. No 2000M-145
I
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
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 25th day of April,
2016. } ' )
�i%�92.) 4 -z.k
TOM REID
MAYOR
ATTEST:
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Y* NG LO'J ING, °//C =�` %\ _
f SEC'W' TARY ' •
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9th
1
day of May, 2016.
1
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TOM REID
MAYOR
Page 4 of 10
Ord. No 2000M-145
ATTEST:
/ ;O(Q.... ...No
Yip' NG Y SEC'r TARY
APPRD AS TO F9RM:
DARRIN M. COKER
CITY ATTORNEY
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Page 5 of 10
Ord. No 2000M-145
0
Ordinance No. 2000M-145
Exhibit "A"
Exhibit A
Legal Description
Being four tracts of land, approximately 27.581 acres in Annexation Area 2,
identified as AO 549 H T & BRR tract 11A, Acres 7.635; LT 1B 549 H T & B, Acres
4.946; G.C. Smith LT 1 549 H T & B, Acres 5.000; and G.C. Smith LT2 549 H T & B,
Acres 10.000.
And, five tracts of land, approximately 7.869 acres in Annexation Area 2, identified
as A0549 H T & BRR Tract 21 B called Tract 1, Acres 2.200; LT 21B1 (called Tract
4) 550 H T & B, Acres 2.5; A0550 H T & B R R, Tract 21 D, Acres 2.5; A0550 H T &
B R R Tract 21 , Acres 0.789; A0550 H T & BRR Tract 21 E, Acres 2.25.
U
Page 6 of 10
Ord. No 2000M-145
Ordinance No. 2000M-145
Exhibit "B"
Exhibit B
Vicinity Map
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Page 7 of 10
Ord. No 2000M-145
Ordinance No. 2000M-145
Exhibit "C"
Exhibit C
Legal Ad
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: 2016-03Z
Notice is hereby given that on March 21, 2016. at 6:30
p.m., the City Council and Planning and Zoning Commis-
sion 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.a city initiated request for approval
of a zone change in the recently annexed Area 2(south of
Bailey Road between FM 11281 and Veterans Road)from
Suburban Development (SD) zoning district to General
Business (GB) zoning district; on approximately 35.450
acres of land, to wit:
Being four tracts of land, approximately 27.581 acres in
Annexation Area 2. identified as AO 549 H T & BRR tract
11A. Acres 7.635; LT 1B 549 H T & B.Acres 4.946: G.C.
Smith LT 1 549 H T & B,Acres 5.000: and G.C. Smith LT2
549 H T & B,Acres 10.000.
General Location: near the Southeast corner of FM 1128/
Manvel Road and Bailey Road,Pearland.TX.
And. five tracts of land, approximately 7.869 acres in An-
nexation Area 2, identified as A0549 H T& BRR Tract 21
B called Tract 1,Acres 2.200: LT 21B1 (called Tract 4) 550
4 H T & B,Acres 2.5;A0550 H T & B R R, Tract 21D, Acres
2.5;A0550 HT& B RR Tract 21,Acres 0.789;A0550 H T
& B R R Tract 21E,Acres 2.25.
4 General Location: Southwest corner of Bailey Road and
Veterans Road.
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 De-
partment at 281-652-1765.
Frankie Legaux
City Planner
Page 8 of 10
Ord. No 2000M-145
Ordinance No. 2000M-145
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 ZCA#2016-03Z a true copy of which is
hereto annexed was published in said newspapers in its issue(s)of March 3, 2016.
/'ublisher's Representative
Sworn to and s cribed before me this / ' day of in 2016.
Notary Public
My commission expires on / /U- zO 1
LLURA
Notary UCILPublicE,Sfate GER of Texas
My Commission Expires
°%;f:S,2 Cs' January 18, 2020
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: 2016-03Z
Notice is hereby given that on March 21, 2016, at 6:30
p.m., the City Council and Planning and Zoning Commis-
sion 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,a city initiated request for approval NOTICE OF A JOINT PUBLIC HEARING
of a zone change in the recently annexed Area 2 (south of OF THE CITY COUNCIL
Bailey Road between FM 1128/and Veterans Road)from
Suburban Development (SD) zoning district to General AND
Business (GB) zoning district; on approximately 35.450
acres of land,to wit: THE PLANNING AND ZONING COMMISSION
Being four tracts of land, approximately 27.581 acres in OF THE CITY OF PEARLAND,TEXAS
Annexation Area 2, identified as AO 549 H T& BRR tract
11A,Acres 7.635; LT 1B 549 H T & B,Acres 4.946; G.C. ZONE CHANGE APPLICATION NUMBER:2016-03Z
Smith LT 1 549 H T& B,Acres 5.000;and G.C. Smith LT2
549 H T&B,Acres 10.000.
Notice is hereby given that on March 21, 2016, at 6:30
General Location: near the Southeast corner of FM 1128/ p.m., the City Council and Planning and Zoning Commis-
Manvel Road and Bailey Road, Pearland,TX. Sion of the City of Pearland, in Brazoria, Harris and Fort
Bend Counties,Texas,will conduct a joint public hearing in
And, five tracts of land, approximately 7.869 acres in An- the Council Chambers of City Hall, located at 3519 Liberty
nexation Area 2, identified as A0549 HT& BRR Tract 21 Drive, Pearland,Texas,a city initiated request for approval
B called Tract 1,Acres 2.200; LT 21B1 (called Tract 4)550 I of a zone change in the recently annexed Area 2(south of
H T& B,Acres 2.5;A0550 H T& B R R, Tract 21D,Acres Bailey Road between FM 1128/and Veterans Road)from
2.5;A0550 H T&BRR Tract 21,Acres 0.789;A0550 H T Suburban Development (SD) zoning district to General
&B R R Tract 21 E,Acres 2.25. Business (GB) zoning district; on approximately 35.450
acres of land,to wit:
General Location: Southwest corner of Bailey Road and Being four tracts of land, approximately 27.581 acres in
Veterans Road.
Annexation Area 2, identified as AO 549 H T&BRR trac
At said hearing, all interested parties shall have the right 11A,Acres 7.635; LT 1B 549 H T & B, Acres 4.946; G.C.
and opportunity to appear and be heard on the subject. Smith LT 1 549 H T&B,Acres 5.000; and G.C. Smith LT2
For additional information,please contact the Planning De- 549 H T&B,Acres 10.000.
partment at 281-652-1765. General Location: near the Southeast corner of FM 1128/
Frankie Legaux Manvel Road and Bailey Road,Pearland,TX.
City Planner And, five tracts of land, approximately 7.869 acres in An-
nexation Area 2, identified as A0549 HT&BRR Tract 21
B called Tract 1,Acres 2.200; LT 21B1 (called Tract 4)550
H T&B,Acres 2.5;A0550 H T& B R R, Tract 21D,Acres
2.5;A0550 HT& B R R Tract 21,Acres 0.789;A0550 H T
&B R R Tract 21E,Acres 2.25.
General Location: Southwest corner of Bailey Road and
Veterans Road.
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 De-
partment at 281-652-1765.
Frankie Legaux
City Planner
Ordinance No. 2000M-145
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,ZCA No. 2016-03Z,
a true copy of which is hereto annexed was published in said newspapers in its issue(s)of
January 28,2016.
•
2-
Publisher's Representative
Sworn to and subscribed before me this ( day of�7`' i 016.
i/i /LATL. a/(
Notary Public
MARILYN ZARATE
My commission expires on == �= Notary Public,State or texas
My Gomm!ssion Expires
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:2016-03Z
Notice is hereby given that on March 21, 2016, at 6:30
p.m., the City Council and Planning and Zoning Commis-
sion 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,a city initiated request for approval
of a zone change in the recently annexed Area 2(south of
Bailey Road between FM 1128/and Veterans Road)from
Suburban Development (SD) zoning district to General
Business (GB) zoning district; on approximately 35.450
acres of land,to wit:
Being four tracts of land, approximately 27.581 acres in
Annexation Area 2, identified as AO 549 H T& BRR tract
11A,Acres 7.635; LT 1B 549 H T& B,Acres 4.946; G.C.
Smith LT 1 549 H T&B,Acres 5.000; and G.C. Smith LT2
549 H T&B,Acres 10.000.
General Location: near the Southeast corner of FM 1128/
Manvel Road and Bailey Road, Pearland,TX.
And, five tracts of land, approximately 7.869 acres in An-
nexation Area 2, identified as A0549 H T&BRR Tract 21
B called Tract 1,Acres 2.200; LT 21B1 (called Tract 4)550
H T&B,Acres 2.5;A0550 H T&B R R,Tract 21D,Acres
2.5;A0550 H T& B R R Tract 21,Acres 0.789;A0550 H T
&B R R Tract 21E,Acres 2.25.
General Location: Southwest corner of Bailey Road and
Veterans Road.
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.
Frankie Legaux
City Planner
Ordinance No. 2000M-145
Exhibit "ID"
Exhibit D
Planning and Zoning Commission Recommendation Letter
r• ,J �'�
ERE
/ !''
\ jam.
Planning & Zonin g
Conniission
March 23, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 2016-03Z
Honorable Mayor and City Council Members:
At their meeting on March 21, 2016, the Planning and Zoning Commission considered
the following:
A city initiated request for approval of a zone change in the recently annexed
Area 2 (south of Bailey Road between FM 1128/ and Veterans Road) from
Suburban Development (SD) zoning district to General Business (GB) zoning
district; on approximately 35.450 acres of land. to wit:
LEGAL DESCRIPTION: Being four tracts of land, approximately 27.581 acres in
Annexation Area 2, identified as AO 549 H T & BRR tract 11A, Acres 7.635; LT
1B 549 H T & B, Acres 4.946; G.C. Smith LT 1 549 H T & B, Acres 5.000; and
G.C. Smith LT2 549 H T & B, Acres 10.000.
GENERAL LOCATION: near the Southeast corner of FM 1128/Manvel Road
and Bailey Road. Pearland, TX.
And,
LEGAL DESCRIPTION: five tracts of land, approximately 7.869 acres in
Annexation Area 2, identified as A0549 H T & BRR Tract 21 B called Tract 1,
Acres 2.200; LT 21B1 (called Tract 4) 550 H T & B, Acres 2.5; A0550 H T & B R
R, Tract 21D, Acres 2.5; A0550 H T & BRR Tract 21, Acres 0.789; A0550 H T &
Page 9 of 10
Ord. No 2000M-145
B R R Tract 21 E, Acres 2.25.
GENERAL LOCATION: Southwest corner of Bailey Road and Veterans Road.
P&Z Vice-Chairperson Thomas Duncan made the motion to recommend approval
Zone Change Application No. 2016-03Z, P&Z Commissioner David Selsky seconded
the motion. The motion passed 7/0, with all commissioners present and all
commissioners in favor of the motion.
Sincerely,
Frankie Legaux
City Planner
On behalf of the Planning and Zoning Commission
Page 10 of 10
Ord. No 2000M-145