Ord. 2000M-0147 2016-06-27Ordinance No. 2000M â147
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
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AERIAL MAP
ZONE 16-00001
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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 54â day of
:41â)
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