Ord. 2000M-0149 2016-07-25Ordinance No. 2000M — 149
Ordinance No. 2000M-149 - 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 a tract of land containing 4.1919
acres of land out of Lot Forty -One (41), Section 25, H.T. & B. R.R
.Company Survey, Abstract 245, Brazoria County, Texas, and being
designated on the Block Books of Brazoria County, Texas of Section 25
and being a part of the same land described in Deed from C. W. Boots, et.
ux. to Joe H. Reeder, by Deed dated June 22, 1959, recorded in Volume
744, Page 457, Deed Records, Brazoria County, Texas, Less, Save and
Except a 20.00 foot strip along the North side reserved in Deed recorded
in Volume 116, Page 581, Deed Records, Brazoria County, Texas, and
lying in the road. (Located at 5134 Bailey Road) Zone Change
Application No. ZONE 16-00005, a request of Beverly Childs,
owner/applicant; for approval of a change in zoning from the Suburban
Development (SD) zoning district to the Office & Professional (OP) zoning
district; on approximately 4.1919 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, Beverly Childs, owner/applicant; for approval of a change in zoning
from the Suburban Development (SD) zoning district to the Office & Professional (OP)
zoning district; on approximately 4.1919 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 20th day of June 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 20th day of June 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 the Office &
Professional (OP) zoning district; on approximately 4.1919 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 11th day of July 2016 and
the 25th day of July 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 Beverly Childs, owner/applicant; for approval of a change in zoning
from the Suburban Development (SD) zoning district to the Office & Professional (OP)
zoning district; on approximately 4.1919 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 district, is hereby granted a change in zoning to Office &
Professional (OP) zoning district, in accordance with all conditions and requirements of
the current Unified Development Code approved by the City Council and incorporated
for all purposes, such property being more particularly described as:
Legal Description: Being a tract of land containing 4.1919 acres of land out of
Lot Forty -One (41), Section 25, H.T. & B. R.R .Company Survey, Abstract 245,
Brazoria County, Texas, and being designated on the Block Books of Brazoria
Page 2 of 8
Ord. No 2000M-149
County, Texas of Section 25 and being a part of the same land described in
Deed from C. W. Boots, et. ux. to Joe H. Reeder, by Deed dated June 22, 1959,
recorded in Volume 744, Page 457, Deed Records, Brazoria County, Texas,
Less, Save and Except a 20.00 foot strip along the North side reserved in Deed
recorded in Volume 116, Page 581, Deed Records, Brazoria County, Texas, and
lying in the road.
General Location: 5134 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.
Page3of8
Ord. No 2000M-149
PASSED, APPROVED, and ADOPTED on First Reading this 11th day of July,
2016.
ATTEST:
r
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th
day of July, 2016.
ATTEST:
JNG ING.
Y SE RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 4 of 8
Ord. No 2000M-149
Ordinance No. 2000M-149
Exhibit "A"
Exhibit A
Legal Description
Being a tract of land containing 4.1919 acres of land out of Lot Forty -One (41), Section
25, H.T. & B. R.R .Company Survey, Abstract 245, Brazoria County, Texas, and being
designated on the Block Books of Brazoria County, Texas of Section 25 and being a
part of the same land described in Deed from C. W. Boots, et. ux. to Joe H. Reeder, by
Deed dated June 22, 1959, recorded in Volume 744, Page 457, Deed Records,
Brazoria County, Texas, Less, Save and Except a 20.00 foot strip along the North side
reserved in Deed recorded in Volume 116, Page 581, Deed Records, Brazoria County,
Texas, and Tying in the road.
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Page 5 of 8
Ord. No 2000M-149
Ordinance No. 2000M-149
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAI'
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Page 6 of 8
Ord. No 2000M-149
Ordinance No. 2000M-149
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 #16-00005 a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of June 2, 2016.
•
Publisher's Representative
Sworn to and subscribed before me this day of , 2016.
aL
Notary Public
My commission expires on
e/070
Bryk
;,tin EL¢ABET}t F. RABRO
MY COMMISSION EXPIRES
kw, ; t August 29, 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: ZONE 16-00005
Notice is hereby given that on June 20, 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 Chambers of City
Hall, located at 3519 Liberty Drive, Pearland, Texas, at the request
of Beverly Childs, owner/applicant: for approval of a change in
zoning from the Suburban Development (SD) zoning district
to the Office & Professional zoning district; on approximately
4.1919 acres of land, to wit:
Being a tract of land containing 4.1919 acres of land out of Lot
Forty -One (41), Section 25, H.T. & B. R. R. Company Survey,
Abstract 245, Brazoria County, Texas, and being designated on
the Block Books of Brazoria County, Texas of Section 25 and
being a part of the same land described in Deed from C. W.
Boots, et. ux. to Joe H. Reeder, by Deed dated June 22, 1959,
recorded in Volume 744. Page 457, Deed Records, Brazoria
County, Texas, Less, Save and Except a 20.00 foor strib along
the North side reserved in Deed recorded in Volume 116,
Page 581, Deed Records, Brazoria County. Texas, and lying
in the road.
General Location: 5134 Bailey 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
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLANO. TEXAS
ZONE CHANGE APPLICATION NUMBER: ZONE 16-00005
Notice is hereby given that on June 20. 2016. at 6:30 p m . the
City Council and Planning and Zoning Commission of the City of
Peartand, in Brazona, Harris and Fort Bend Counties, Texas. will
conduct a joint public hearing in the Council Chambers of City
Hall. located at 3519 Liberty Drive. Peartand Texas. at the request
of Beverly Childs, owner/applicant, tor approval of a change in
zoning from the Suburban Development (SD► zoning district
to the Office & Professional zoning district on approximately
4 1919 acres of land. to wit.
Being a tract of land containing 4.1919 acres of land out of Lot
Forty -One (41), Section 25. H.T. & B R. R. Company Survey,
Abstract 245. Brazona County, Texas, and being designated on
the Block Books of Brazoria County. Texas of Section 25 and
being a part of the sane land descnbed in Deed from C W.
Boots, et. ux to Joe H. Reeder, by Deed dated June 22, 1959,
recorded in Volume 744. Page 457. Deed Records. Brazoria
County, Texas, Less. Save and Except a 20.00 foot strib along
the North side reserved in Deed recorded in Volume 116.
Page 581 Deed Records. Brazoria County. Texas and Tying
in the road
General Location: 5134 Bailey 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
Page 7 of 8
Ord. No 2000M-149
Ordinance No. 2000M-149
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
June 21, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zoning Change Application No. ZONE 16-00005
Honorable Mayor and City Council Members:
At their regular meeting on June 20, 2016, the Planning and Zoning Commission considered the
following:
A request of Beverly Childs, owner/applicant: for approval of a change in zoning from the
Suburban Development (SD) zoning district to the Office & Professional zoning district; on
approximately 4.1919 acres of land.
Legal Description: Being a tract of land containing 4.1919 acres of land out of Lot Forty -One
(41), Section 25, H.T. & B. R.R .Company Survey, Abstract 245, Brazoria County. Texas, and
being designated on the Block Books of Brazoria County, Texas of Section 25 and being a part of
the same land described in Deed from C. W. Boots. et. ux. to Joe H. Reeder, by Deed dated June
22, 1959, recorded in Volume 744, Page 457, Deed Records, Brazoria County, Texas, Less.
Save and Except a 20.00 foot strip along the North side reserved in Deed recorded in Volume
116. Page 581. Deed Records. Brazoria County, Texas, and lying in the road.
General Location: 5134 Bailey Road, Pearland, TX.
P&Z Commissioner Pradia made the motion to recommend approval of Zone Change
Application No. ZONE 16-00005, Commissioner Starr seconded the motion. The motion passed
by a vote of 5-0. Commissioners in attendance at the meeting were: Chairperson Daniel
Tunstall, Vice -Chairperson Thomas Duncan, Derrell Isenberg, Troy Pradia, and Mary Starr.
Sincerely,
Frankie Legaux
City Planner
On behalf of the Planning and Zoning Commission
Page 8 of 8
Ord. No 2000M-149