Ord. 2000M-0166 2017-12-18 Ordinance No. 2000M-166
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 2.197 acres
of land located in the H.T. & B. R.R. Company Survey, Section 81, Abstract
Number 300, Brazoria County, Texas, being the residue of a called 2.21 acre
tract conveyed to Kirby/59 Partners II L.P. by an instrument of record in
Document Number 2007060968 of the Official Records of said Brazoria
County, Texas (B.C.O.R.). (Northeast corner of CR 59 and Kirby Drive,
Pearland, TX) Zone Change Application No. ZONE 17-00018, a request of
Shan Patel, applicant, on behalf of Kirby/59 Partners II LP represented by
Kirk Laguarta, owner; for approval of a change in zoning from Office
Professional (OP) to a Neighborhood Services (NS) zoning district; on
approximately 2.197 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, Shan Patel, applicant, on behalf of Kirby/59 Partners II LP
represented by Kirk Laguarta, owner; is requesting approval of a change in zoning from
Office Professional (OP) to a Neighborhood Services (NS) zoning district on
approximately 2.197 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 6th day of November 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 6th day of November 2017, the Planning and Zoning
PASSED, APPROVED, and ADOPTED on First Reading this 11th day of
December, 2017.
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TOM REID
MAYOR
ATTEST:
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 18th
day of December, 2017.
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TOM REID
MAYOR
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APPROVED AS TO FORM:
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DARRIN
M. COKER
CITY ATTORNEY
Page 4 of 9
Ord. No. 2000M-166
Commission submitted its report and recommendation to the City Council regarding the
proposed change in zoning from Office Professional (OP) to a Neighborhood Services
(NS) zoning district on approximately 2.197 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 December
2017 and the 18th day of December 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 Shan Patel, applicant, on behalf of Kirby/59 Partners II LP
represented by Kirk Laguarta, owner; for approval of a change in zoning from Office
Professional (OP) to a Neighborhood Services (NS) zoning district; on approximately
2.197 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 Office
Professional (OP), 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 approved by the City Council
and incorporated for all purposes, such property being more particularly described as:
Page 2 of 9
Ord. No. 2000M-166
Legal Description: Being 2.197 acres of land located in the H.T. & B. R.R.
Company Survey, Section 81, Abstract Number 300, Brazoria County, Texas,
being the residue of a called 2.21 acre tract conveyed to Kirby/59 Partners II L.P.
by an instrument of record in Document Number 2007060968 of the Official
Records of said Brazoria County, Texas (B.C.O.R.)
General Location: Northeast corner of CR 59 and Kirby Drive, 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.
Page 3 of 9
Ord. No. 2000M-166
Ordinance No. 2000M-166
Exhibit"A"
Exhibit A
Legal Description
Being 2.197 acres of land located in the H.T. & B. R.R. Company Survey, Section 81,
Abstract Number 300, Brazoria County, Texas, being the residue of a called 2.21 acre
tract conveyed to Kirby/59 Partners II L.P. by an instrument of record in Document
Number 2007060968 of the Official Records of said Brazoria County, Texas (B.C.O.R.).
Page 5 of 9
Ord. No. 2000M-166
Ordinance No. 2000M-166
Exhibit "B"
Exhibit B
Vicinity Map
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Page 6 of 9
Ord. No. 2000M-166
Ordinance No. 2000M-166
Exhibit "C"
Exhibit C
Legal Ad
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 17-00018
Notice is hereby given that on November 6. 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 Training
Room of the Public Safety Building located on the second floor, located at 2555
Cullen Parkway. Pearland, Texas at the request of Principal S & P Interests rep-
resented by Shan Patel, applicant, on behalf of Kirby/59 Partners II LP repre-
sented by Kirk Laguarta, owner; for approval of a change in zoning from an
Office & Professional (OP) to a General Business Retail (GB) zoning district; on
approximately 2.1367 acres of land. to wit:
Being 2197 acres of land located in the H.T. & B. R.R. Company Survey,
Section 81, Abstract Number 300, Brazoria County, Texas, being the residue of
a called 2.21 acre tract conveyed to Kirby/59 Partners II L.P. by an instrument of
record in Document Number 2007060968 of the Official Records of said
Brazoria County, Texas (B.C.O.R.).
General Location: Northeast Corner of CR 59 and Kirby, 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.
Armon Irones
Planner
Page 7 of 9
Ord. No. 2000M-166
Ordinance No. 2000M-166
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
DoE E4'P
TEX AS
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Planning & Zoning Commission
Recommendation Letter
November 7, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 17-00018
Honorable Mayor and City Council Members:
At their regular meeting on November 6, 2017, the Planning and Zoning Commission
considered the following:
A request of Shan Patel, applicant, on behalf of Kirby/59 Partners II LP
represented by Kirk Laguarta, owner; for approval of a change in zoning from
Office Professional (OP) to a Neighborhood Services (NS) zoning district; on
approximately 2.197 acres of land.
General Location: Northeast corner of CR 59 and Kirby Drive, Pearland, TX.
P&Z Vice-Chairperson Thomas Duncan made a motion to recommend approval of Zone
Change application No. ZONE 17-00018, P&Z Commissioner Mary Starr seconded the
motion. After discussion, P&Z Commissioner David Selsky made the motion to amend
the motion from a recommendation of GB to NS, Commissioner Derrell Isenberg
seconded the motion. The motion to amend the zoning recommendation from GB to NS
passed by a vote of 6-0. The amended motion then passed by a vote of 5-1 . P&Z Vice-
Chairperson Thomas Duncan was not in favor of the amended motion. Chairperson
Daniel Tunstall, and Commissioners David Selsky, Derrell Isenberg, Troy Pradia, and
Mary Starr voted in favor of the motion.
Page 8 of 9
Ord. No. 2000M-166
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 9
Ord. No. 2000M-166