Ord. 2000M-0159 2017-06-26Ordinance No. 2000M-159
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, A tract or parcel of
land containing 9.6135 acres of land (418,766 square feet), being out of and
a part of Lot 76, George W. Jenkins Subdivision of the lower one-fourth,
(1/4), of the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 79, Page 616 of the
Office of the County Clerk of Brazoria County. (Located at 3205 Dixie Farm
Road, Pearland, TX.) Zone Change Application No. ZONE 17-00007, a
request of Kevin Cole, applicant, on behalf of Anthony and Kimberly Giuliani,
owner; for approval of a change in zoning from the Single -Family
Residential -1 (R-1) to a Neighborhood Services (NS) zoning district; on
approximately 9.6135 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, Kevin Cole, applicant, on behalf of Anthony and Kimberly Giuliani,
owner; is requesting approval of a change in zoning from the Single -Family Residential -
1 (R-1) to a Neighborhood Services (NS) zoning district on approximately 9.6135 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 15th day of May 2017, 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 2017, 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) to a Neighborhood
Services (NS) zoning district on approximately 9.6135 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 12th day of June 2017 and
the 26th day of June 2017; 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 Kevin Cole, applicant, on behalf of Anthony and Kimberly Giuliani,
owner; for approval of a change in zoning from the Single -Family Residential -1 (R-1) to
a Neighborhood Services (NS) zoning district; on approximately 9.6135 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 the
Neighborhood Services (NS) zoning district in accordance with all conditions and
requirements of the current Unified Development Code and the following conditions
Page 2 of 9
Ord. No. 2000M-159
approved by the City Council and incorporated for all purposes, such property being
more particularly described as:
Legal Description: A tract or parcel of land containing 9.6135 acres of land
(418,766 square feet), being out of and a part of Lot 76, George W. Jenkins
Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall Survey, Abstract
No. 70, Brazoria County, Texas, according to the map or plat thereof recorded in
Volume 79, Page 616 of the Office of the County Clerk of Brazoria County.
General Location: 3205 Dixie Farm 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.
Page 3 of 9
Ord. No. 2000M-159
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 12th day of June,
2017.
ATTEST:
ITY S:f RETARY
TOM REID
MAYOR
`11111111/,I
QEARLA,y�'.
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th
day of June, 2017.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
10111110,,,
TOM REID
MAYOR
Page 4 of 9
Ord. No. 2000M-159
Exhibit A
Legal Description
A tract or parcel of land containing 9.6135 acres of land (418,766 square feet), being
out of and a part of Lot 76, George W. Jenkins Subdivision of the lower one-fourth,
(1/4), of the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas, according to
the map or plat thereof recorded in Volume 79, Page 616 of the Office of the County
Clerk of Brazoria County.
Page 5 of 9
Ord. No. 2000M-159
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
ZONE 17-00007
3205 Dixie Farm Road
Subject Property
I'1.ir prvdurt to for tnferntatton•I pvrpv.er and
1.4,
at have been prepared 4n aat- toe avaable
1. rlepal. enfnteenna. ea •utveytnd purpu... It
.Iwa not nprrrent an pod hv.ttrvund •vnvy and
mpnvent..nly the .I•prvvmaty relative- IYatwm
of prvlMy haunt/aro..
1 Incl = 500 feet
MAY 201:
I•I.A\ 1I Sf: 1)1:I•A ItT)11:\T
Page 6 of 9
Ord. No. 2000M-159
0000124652 CITY OF PEARLAND - PLANNING
Page 1
Houston Chronicle
CLASSIFIEDS
He MEDIA
is GROUP
n LAR S T
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Ordinance No. 2000M-159
Exhibit "C"
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper
published in Harris County, Texas, and generally circulated in the Counties of: HARRIS. TRINITY,
WALKER, GRIMES, POLK, SAN JACINTO, WASHINGTON, MONTGOMERY, LIBERTY, AUSTIN,
WALLER, CHAMBERS, COLORADO, BRAZORIA, FORT BEND, GALVESTON, WHARTON,
JACKSON. and MATAGORDA and that the publication, of which the annexed herein, or attached to. is a
true and correct copy, was published to -wit:
CITY OF PEARLAND - PLANNING
RAN A LEGAL NOTICE
SIZE BEING: 2 x4.00 I (8.001)
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CNDP-Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000124652 HC034270320
Date
Nov 022016
Nov 02 2016
Nov 022016
Nov 022016
Nov 022016
Class
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Page
4 %
NEWSPAPER REPRESENTATIVE
Sworn and subscribed to before me, this 2nd Day of November A.D. 2016
he y! , l fey ✓
Notary Public in and for the State of Texas
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 16-00015
Notice is hereby given that on November 21, 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 David
Ferrette, applicant, on behalf of Anthony and Kimberly Giulani; for
approval of a change in zoning from Single -Family Residential -1 (R-1)
to a General Business (GB) zoning district; on approximately 9.6135
acres of land, to wit:
A tract or parcel of land containing 9.6135 acres of land (418,766
square feet), being out of and a part of Lot 76, George W. Jenkins
Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall Survey,
Abstract No. 70, Brazoria County, Texas, according to the map or plat
thereof recorded in Volume 79, Page 616 of the Office of the County
Clerk of Brazoria County.
General Location: 3205 Dixie Farm 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.
Martin Griggs
Senior Planner
00001.19783 CITY OF PEARLAND - PLANNING Page 1
Houston Chronicle
CLASSIFII. DS
Fr, MEDIA
Cm GROUP
NIANIT.
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared. the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper
published in Harris County, Texas, and generally circulated in the Counties of: HARRIS, TRINITY,
WALKER, GRIMES, POLK, SAN JACINTO. WASHINGTON. MONTGOMERY. LIBERTY, AUSTIN.
WALLER, CHAMBERS. COLORADO. BRAZORIA, FORT BEND, GALVESTON, WHARTON.
JACKSON, and MATAGORDA and that the publication, of which the annexed herein, or attached to, is a
true and correct copy, was published to -wit:
CITY OF PEARLAND - PLANNING
RAN A LEGAL NOTICE
SIZE BEING 2 x49 L
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CNDP-Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000139783 HC034270320
Date
Apr 26 2017
Apr 26 2017
Apr 26 2017
Apr 26 2017
Apr 26 2017
Class
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Page
I
NEWSPAPER REVRESftN'(ATIVE
NJ_
Sworn and subscribed to before me, this 29th Day of April A.D. 2017
ti
Notary Public in and for the State of Texas
0t"H iin,ti,��i
^"i39783 CITY OF PEARLAND - PLANNING
Page 2
Houston Chronicle
CL iAa56 IF E3
To Be Published In the
PEARLAND JOURNAL
Wednesday, Aprll 26, 2017
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 17-00007
Notice is hereby given that on May 15. 2017, 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 Kevin Cole, appli-
cant. on behalf of Anthony and Kimberly Giuliani. owner:
for approval of a change in zoning from Single -Family
Residential -1 (R-1) to a General Business (GB) zoning dis-
trict; on approximately 9.6135 acres of land, to wit:
A tract or parcel of land containing 9.6135 acres of land
(418,766 square feet). being out of and a part of Lot 76,
George W. Jenkins Subdivision of the lower one-fourth,
(1/4). of the W.D.C. Hall Survey, Abstract No. 70. Brazoria
County, Texas, according to the map or plat thereof record-
ed in Volume 79. Page 616 of the Office of the County Clerk
of Brazoria County.
General Location: 3205 Dixie Farm Road. Pearland, TX
. 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 Depart-
ment at 281-652-1765.
Martin Griggs
Senior Planner
Exhibit C
Legal Ad
To Be Published in the
PEARLAND JOURNAL
Wednesday, April 26. 2017
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 17-00007
Notice is hereby given that on May 15, 2017. 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 aoint public hearing in the
Council Chambers of City Hall. located at 3519 Liberty
Drive, Pearland. Texas, at the request of Kevin Cole. appli-
cant. on behalf of Anthony and Kimberly Giuliani. owner:
for approval of a change in zoning from Single -Family
Residential -1 (R-1) to a General Business (GB) zoning dis-
trict: on approximately 9.6135 acres of land, to wit:
A tract or parcel of land containing 9.6135 acres of land
(418,766 square feet), being out of and a part of Lot 76.
George W. Jenkins Subdivision of the lower one-fourth,
(1/4), of the W.D.C. Hall Survey. Abstract No. 70. Brazoria
County. Texas. according to the map or plat thereof record-
ed in Volume 79, Page 616 of the Office of the County Clerk
of Brazoria County.
General Location: 3205 Dixie Farm 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 Depart-
ment at 281-652-1765.
Martin Griggs
Senior Planner
Page 7 of 9
Ord. No. 2000M-159
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
May 16, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 17-00007
Honorable Mayor and City Council Members:
At their regular meeting on May 15, 2017, the Planning and Zoning Commission
considered the following:
A request of request of Kevin Cole, applicant, on behalf of Anthony and Kimberly
Giuliani, owner; for approval of a change in zoning from Single -Family
Residential -1 (R-1) to a General Business (GB) zoning district; on approximately
9.6135 acres of land.
General Location: 3205 Dixie Farm Road, Pearland, TX.
P&Z Commissioner Daniel Selsky made the motion to recommend approval of Zone
Change Application No. ZONE 17-00007, P&Z Vice -Chairperson Thomas Duncan
seconded the motion. P&Z Chairperson Daniel Tunstall made a motion to amend the
original motion to recommend approval of the Neighborhood Services zoning district.
P&Z Commissioner David Selsky seconded the motion. The motion to amend the
original motion to recommend approval of a change in zoning to the Neighborhood
Services passed by a vote of 5-0. The motion to recommend approval of the change in
zoning to Neighborhood Services was approved by a vote of 5-0. P&Z Chairperson
Daniel Tunstall, P&Z Vice -Chairperson Thomas Duncan, and P&Z Commissioners
David Selsky, Mary Starr, and Ginger McFadden voted in support of both motions.
Page 8 of 9
Ord. No. 2000M-159
Sincerely,
/T7 .—r
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 9
Ord. No. 2000M-159