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Ord. 2000M-0147 2016-06-27Ordinance No. 2000M —147 Ordinance No. 2000M-147 - 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 2.0885 acres of land, Lot One (1), Section Twenty-four (24) in the H.T. & B.R.R. Survey, Abstract No. 549, Brazoria County, Texas, described in recorded deed Volume 923, Page 175, Brazoria County Instrument No. 2012055307, Brazoria County, Texas. (7006 Bailey Road, Pearland, TX.) Zone Change Application No. ZONE 16-00001, A request of Somarajan Nair, applicant; on behalf of Texas Global Investment, owner; for approval of a change in zoning from the Suburban Development (SD) zoning district to a General Business (GB) zoning district; on approximately 2.0885 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, Somarajan Nair, applicant; on behalf of Texas Global Investment, owner; for approval of a change in zoning from the Suburban Development (SD) zoning district to a General Business (GB) zoning district; on approximately 2.0885 acres of land on the following described property; 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 May 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, on the 16th day of May 2016, the Planning and Zoning Commission submitted its report and recommendation to the City Council regarding the proposed change in zoning from the Suburban Development (SD) zoning district to a General Business (GB) zoning district; on approximately 2.0885 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 13th day of June 2016 and the 27th day of June 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 Somarajan Nair, applicant; on behalf of Texas Global Investment, owner; for approval of a change in zoning from the Suburban Development (SD) zoning district to a General Business (GB) zoning district; on approximately 2.0885 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 being located within the Suburban Development (SD) zoning districts, is hereby granted a change in zoning to the General Business (GB) zoning district, in accordance with all conditions and requirements of the current Unified Development Code and the following conditions approved by the City Council and incorporated for all purposes, such property being more particularly described as: Legal Description: Being 2.0885 acres of land, Lot One (1), Section Twenty-four (24) in the H.T. & B.R.R. Survey, Abstract No. 549, Brazoria County, Texas, described in recorded deed Volume 923, Page 175, Brazoria County Instrument No. 2012055307, Brazoria County, Texas. Ord. No 2000M-147 General Location: 7006 Bailey Road, Pearland, TX. Section 11. 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 for consideration and decision. Section 111. 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. This Ordinance shall become effective after its passage and approval on second and final reading. 2016. PASSED, APPROVED, and ADOPTED on First Reading this 13th day of June, C-11-'47 TOM REID MAYOR Ord. No 2000M-147 ATTEST: NG LSY FING, T Y SEC" TARY -- 11/1111 10.° PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th day of June, 2016. APPROVED AS TO FORM: 1G DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Ord. No 2000M-147 Ordinance No. 2000M-147 Exhibit "A" Exhibit A Legal Description Being 2.0885 acres of land, Lot One (1), Section Twenty-four (24) in the H.T. & B.R.R. Survey, Abstract No. 549, Brazoria County, Texas, described in recorded deed Volume 923, Page 175, Brazoria County Instrument No. 2012055307, Brazoria County, Texas. Page 5 of 8 Ord. No 2000M-147 Ordinance No. 2000M-147 Exhibit "B" Exhibit B Vicinity Map iir4 .40406- - !--4r AERIAL MAP ZONE 16-00001 7006 Bailey Rd. :z I may mot Ga-t'ettc p:eya:td to I. Ina: esquae.r.aag . tu.17-.4g paly.. au aernes: sa as.dae. p :cad mad lerremes tk• appruaas ate tslatsee kcassa airmen, beautaner 118 feet APLt16 PLANNING DEPAE7ICINT Page 6 of 8 Ord. No 2000M-147 Ordinance No. 2000M-147 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 Application No. 16-00001 7006 Bailey Rd, a true copy of which is hereto annexed was published in said newspapers in its issue(s) of April 28, 2016. Sworn to and subscribed before me this 54— day of :41—) Notary Public My commission expires MARILYN ZARATE Notary Public, Stote of Texas My Commission Expires September 07, 2018 Publisher's Representative 2016. 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: ZONE 16-00001 Notice is hereby given that on May 16, 2016, 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 Somarajan Nair, applicant; on behalf of Texas Global Investment, owner; for approval of a change in zoning from the Suburban Development (SD) zoning district to a General Business (GB) zoning district; on approximately 2.0885 acres of land, to wit: Being 2.0885 acres of land, Lot One (1), Section Twenty-four (24) in the H.T. & B.R.R. Survey, Abstract No. 549, Brazo- ria County, Texas, described in recorded deed Volume 923, Page 175, Brazoria County Instrument No. 2012055307, Bra- zoria County, Texas. General Location: 7006 Bailey Road, Pearland, TX. At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For ad- ditional information, please contact the Planning Department at 281-652-1765. Frankie Legaux City Planner 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: ZONE 16-00001 Notice is hereby given that on May 16, 2016, 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 Somarajan Nair, applicant; on behalf of Texas Global Investment, owner; for approval of a change in zoning from the Suburban Development (SD) zoning district to a General Business (GB) zoning district; on approximately 2.0885 acres of land, to wit: Being 2.0885 acres of land, Lot One (1), Section Twenty-four (24) in the H.T. & B.R.R. Survey, Abstract No. 549, Brazo- ria County, Texas, described in recorded deed Volume 923, Page 175, Brazoria County Instrument No. 2012055307, Bra- zoria County, Texas. General Location: 7006 Bailey Road, Pearland, TX. At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For ad- ditional information, please contact the Planning Department at 281-652-1765. Frankie Legaux City Planner Page 7 of 8 Ord. No 2000M-147 Ordinance No. 2000M-147 Exhibit "D" Exhibit D Planning and Zoning Commission Recommendation Letter Planning 8c Zoning Commission Recommendation Letter May 17, 2016 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zoning Change Application No. ZONE 16-00001 Honorable Mayor and City Council Members: At their regular meeting on May 16, 2016, the Planning and Zoning Commission considered the following: A request of Somarajan Nair, applicant; on behalf of Texas Global Investment, owner; for approval of a change in zoning from the Suburban Development (SD) zoning district to a General Business (GB) zoning district; on approximately 2.0885 acres of land. Legal Description: Being 2.0885 acres of land, Lot One (1), Section Twenty-four (24) in the H.T. & B.R.R. Survey, Abstract No. 549, Brazoria County, Texas, described in recorded deed Volume 923. Page 175, Brazoria County Instrument No. 2012055307, Brazoria County, Texas. General Location: 7006 Bailey Road, Pearland, TX. P&Z Vice -Chair Duncan made the motion to recommend approval of Zone Change Application No. 16-00001, Commissioner Starr seconded the motion. The motion passed by a vote of 6-0. Chairman Tunstall. Vice -Chair Duncan and Commissioners Pradia, Isenberg, Starr, and McFadden all voted in favor of the motion. Sincerely, ,g/t a it (- Frankie Legaux City Planner On behalf of the Planning and Zoning Commission Page 8 of 8 Ord. No 2000M-147