Ord. 2000M-0148 2016-08-08 Ordinance No. 2000M — 148
Ordinance No. 2000M-148 - 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 16.305 acre tract in Section 16 of the H.T. & B.
RR Co. Survey, Abstract 546, Brazoria County, Texas. Said tract is part of
a 15 acre tract of land described in a deed to Marvin Wayne Smith as
recorded under Brazoria County Clerk's File No. 85197 113, and part of a
3.00 acre tract described in a deed to Marvin Wayne Smith as recorded
under Brazoria County Clerk's File No. 85197 105. (Located at 3546 &
3618 Harkey Road, Pearland, TX.) Zone Change Application No. ZONE
16-00004, a request of Chad Thumann, R. West Development, applicant,
on behalf of Patrick Tagtow, owner; for approval of a change in zoning
from the Single Family Residential-1 (R-1) zoning district to a Single
Family Residential-3 (R-3) zoning district; on approximately 16.305
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, Chad Thumann, R. West Development, applicant, on behalf of
Patrick Tagtow, owner; for approval of a change in zoning from the Single Family
Residential-1 (R-1) zoning district to a Single Family Residential-3 (R-3) zoning district;
on approximately 16.305 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 20t'' 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 Single Family Residential-1 (R-1) zoning district to a Single
Family Residential-3 (R-3) zoning district; on approximately 16.305 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 25th day of July 2016 and
the 89' day of August 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 Chad Thumann, R. West Development, applicant, on behalf of
Patrick Tagtow, owner; for approval of a change in zoning from the Single Family
Residential-1 (R-1) zoning district to a Single Family Residential-3 (R-3) zoning district;
on approximately 16.305 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 Single
Family Residential-1 (R-1) zoning district, is hereby granted a change in zoning to
Single Family Residential-2 (R-3) 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 16.305 acre tract in Section 16 of the H.T. & B. RR
Page 2 of 9
Ord. No 2000M-148
Co. Survey, Abstract 546, Brazoria County, Texas. Said tract is part of a 15 acre
tract of land described in a deed to Marvin Wayne Smith as recorded under
Brazoria County Clerk's File No. 85197 113, and part of a 3.00 acre tract
described in a deed to Marvin Wayne Smith as recorded under Brazoria County
Clerk's File No. 85197 105.
General Location: 3546 & 3618 Harkey Road, 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 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.
Section VI. 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 July, 2016.
Page 3 of 9
Ord. No 2000M-148
TOM REID
MAYOR
ATTEST:
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Y SEC" : ARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8th
day of August, 2016. (
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TOM REID
MAYOR
A TTEST:
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 9
Ord. No 2000M-148
Ordinance No. 2000M-148
Exhibit A
Legal Description
Being a 16.305 acre tract in Section 16 of the H.T. & B. RR Co. Survey, Abstract 546,
Brazoria County, Texas. Said tract is part of a 15 acre tract of land described in a deed
to Marvin Wayne Smith as recorded under Brazoria County Clerk's File No. 85197 113,
and part of a 3.00 acre tract described in a deed to Marvin Wayne Smith as recorded
under Brazoria County Clerk's File No. 85197 105.
Page 5of9
Ord. No 2000M-148
•
Exhibit B
Vicinity Map
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Page 6 of 9
Ord. No 2000M-148
Exhibit C
Legal Ad
•
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARI.AND, 1LXAS
ZONE CHANGE APPLICATION NUMBER: ZONE 16-00004
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 port 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 Chad Thumann. R West Development applicant
on behalf of Patrick Tagtow. owner: for approval of a change
in zoning from the Single Family Residential-1 (R-1) zoning
district to a Single Family Residential-3 (R-3) zoning district, on
approximately 16.305 acres of land. to wit:
Being a 16.305 acre tract in Section 16 of the H T. & B. RR
Co. Survey, Abstract 546, Brazoria County. Texas. Said tract
is part of a 15 acre tract of land described in a deed to Marvin
Wayne Smith as recorded under Brazoria County Clerk's File
No. 85197 113, and part of a 3.00 acre tract described in
a deed to Marvin Wayne Smith as recorded under Brazoria
County Clerk's File No. 85197 105.
General Location: 3546 & 3618 Harkey Road, 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
Frankie Legaux
City Planner
Page 7 of 9
Ord. No 2000M-148
Ordinance No. 2000M-148
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#16-00004 a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of June 2, 2016.
4.-■.11,
'ublisher's Representative
Sworn to an subscribed before me thi 3 day of 91.142_ , 2016.
z
Not Public
My commission expires on Y/a9/1d
,�;"'t'ti%; ELIZABETH F.RABITO
*= MY COMMISSION EXPIRES
'"' Qa�:," 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 16-00004
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,in the Council Chambers of
will a joint City Halll,, located at 351119 Liberty Dr Drive, Pearland, Texas, at the
request of Chad Thumann, R. West Development, applicant,
on behalf of Patrick Tagtow, owner; for approval of a change
in zoning from the Single Family Residential-1 (R-1) zoning
district to a Single Family Residential-3(R-3)zoning district;on
approximately 16.305 acres of land,to wit:
Being a 16.305 acre tract in Section 16 of the H.T. & B. RR
Co. Survey,Abstract 546, Brazoria County,Texas. Said tract
is part of a 15 acre tract of land described in a deed to Marvin
Wayne Smith as recorded under Brazoria County Clerk's File
No. 85197 113, and part of a 3.00 acre tract described in
a deed to Marvin Wayne Smith as recorded under Brazoria
County Clerk's File No.85197 105.
General Location:3546&3618 Harkey Road,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.
Frankie Legaux
City Planner
Exhibit D
Planning and Zoning Commission Recommendation Letter
o Pi AA
tia �s
If x A S
es T. 10 5'
Planning & Zoning Commission
Recommendation Letter
June 22, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zoning Change Application No. ZONE 16-00004
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 Chad Thumann, R. West Development, applicant, on behalf of
Patrick Tagtow, owner; for approval of a change in zoning from the Single Family
Residential-1 (R-1) zoning district to a Single Family Residential-2 (R-2) zoning
district; on approximately 16.305 acres of land.
Legal Description: Being a 16.305 acre tract in Section 16 of the H.T. & B. RR
Co. Survey, Abstract 546, Brazoria County, Texas. Said tract is part of a 15 acre
tract of land described in a deed to Marvin Wayne Smith as recorded under
Brazoria County Clerk's File No. 85197 113, and part of a 3.00 acre tract
described in a deed to Marvin Wayne Smith as recorded under Brazoria County
Clerk's File No. 85197 105.
General Location: 3546 & 3618 Harkey Road, Pearland, TX.
At the regular meeting of the P&Z Commission on June 20, 2016, P&Z Commissioner
Isenberg made the motion to recommend approval of Zone Change Application No
.ZONE 16-00004, to rezone the subject property from R-1 to R-3. Commissioner Starr
seconded the motion to rezone from R-1 to R-3. The motion failed by a vote of 2-
3.Commissioners Isenberg and Pradia voted in favor. Commissioners Tunstall, Duncan
and Starr voted in opposition.
Page 8 of 9
Ord. No 2000M-148
P&Z Commissioner Mary Starr moved to reconsider the zone change, and P&Z
Commissioner Troy Pradia seconded the reconsideration. The vote was approved by a
vote of 3-2. Commissioners Isenberg, Pradia, and Starr voted in favor. Commissioners
Tunstall and Vice Chairperson Duncan voted in opposition.
P&Z Commissioner Troy Pradia moved to amend the zone from R-1 to R-2, and P&Z
Commissioner Mary Starr seconded the motion. The motion to amend the zone change
from R-1 to R-2 was approved by a vote of 4-1 Commissioners Isenberg, Pradia,
Tunstall, and Starr voted in favor. Thomas Duncan voted in opposition.
Sincerely,
et 0
Frankie Legaux
City Planner
On behalf of the Planning and Zoning Commission
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Ord. No 2000M-148