Ord. 2000M-209 2021-07-12Ordinance No. 2000M-209
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 3.735-acre
tract of land, out of Tracts 176 and 163 of the Zychlinski and Murdock
Subdivision of the G.C. Smith or H.T. & B.R.R. Company Survey, Section 28,
Abstract 551 in Brazoria County, Texas, as recorded in Volume 29, Page 9
of the Deeds Records of Brazoria County (4650 Dixie Farm Road,
Pearland, TX). Zone Change Application No. ZONE 21-00004, a request
by Emily Toungate, applicant and owner, for approval of a zone change
from the Light Industrial (M-1) District to the General Commercial (GC)
District, on approximately 3.7353 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, Emily Toungate, applicant and owner, is requesting approval of a
zone change from the Light Industrial (M-1) District to the General Commercial (GC)
District, on approximately 3.7353 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 7th of June, 2021, a public hearing was held before the
Planning and Zoning Commission of the City of Pearland, Texas, notice being given by
online publication on the City website, a copy of which 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, the Planning and Zoning commission having fully heard the
testimony and argument of all interested parties, and having been fully advertised in the
premises, submitted its report and recommendation to the City Council regarding the
proposed zone change from the Light Industrial (M-1) District to the General
Commercial (GC) District, 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 their regular meeting on the 7th day of June 2021;
and
WHEREAS, on the 28th of June, 2021, 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 for approval of a zone change from
the Light Industrial (M-1) District to the General Commercial (GC) District, on
approximately 3.7353 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 Light
Industrial (M-1) District, is hereby granted a change in zoning from the Light Industrial
(M-1) District to the General Commercial (GC) District, in accordance with all conditions
and requirements of the current Unified Development Code; and, such property being
more particularly described as:
Legal Description:
A 3.735-acre tract of land, out of Tracts 176 and 163 of the Zychlinski and
Murdock Subdivision of the G.C. Smith or H.T. & B.R.R. Company Survey,
Section 28, Abstract 551 in Brazoria County, Texas, as recorded in Volume 29,
Page 9 of the Deeds Records of Brazoria County.
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Ord. No. 2000M-209
General Location: 4650 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 lts 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.
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Ord. No. 2000M-209
PASSED, APPROVED, and ADOPTED on First Reading this 28th day of June
2021.
ATTEST:
irtfL
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
C r4O `E
EVIN COLE
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th
day of July 2021.
/7:)A'
. KEVIN COLE
MAYOR
ATTEST:
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
•
DARRIN M. COKER
CITY ATTORNEY
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Ord. No. 2000M-209
Exhibit A
Legal Description
A 3.735-acre tract of land, out of Tracts 176 and 163 of the Zychlinski and Murdock
Subdivision of the G.C. Smith or H.T. & B.R.R. Company Survey, Section 28, Abstract
551 in Brazoria County, Texas, as recorded in Volume 29, Page 9 of the Deeds
Records of Brazoria County.
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Ord. No. 2000M-209
Exhibit B
Vicinity Map
Exhibit 1
ZONE 21-00004
Zoning & Aerial Map
4650 Dixie Farm Road
Zone Change: M-1 to GC
Legend
r i Subject Property
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at have heprepared for orb, he suttahle
lmay
hem legal. mpmrenrrp. at eatrcrinR purM'e 1t
4...ce not repre.ent an vn,the. round eorev and
reprnents w:k the approximate relative I«anun
of pmpenv boundaries.
1 inch = 500 feet
MAY 24. 2021
COMMUNITY DF;V. DEM
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Ord. No. 2000M-209
Exhibit C
Legal Advertisement
NOTICE OF PUBLIC HEARINGS OF
THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS
Nobce is hereby given that the Planning and Zoning Commisson and the City
Council of the City of Pearland, in Brazoria, Harris and Fort Bend Coanlies.
Texas, will conduct public hearings at 6:30 p,m , on Monday, Arne 7, and
Monday. June 28, 2021, respechve+y. at City Hal, 3519 Liberty Dr„ Pearland,
Texas 77581 by telephone or video conference (preferred] and aso in -person
with social distancing protocols and restrictions in order to advance the public
health goal of Iinating face -to -ace meetings (also called `social distancing') to
slow the spread of the Coronavirus (COVID-19), for the following cases:
1. Zone Change Application No. Z0NE21-00004: A request by Emily
Toungate, applicant and omen, for approval of a zone change from the Light
Industral tM-1) District to the General Commercial (GC) District, on approxi-
mately 3 7353 acres of land; to wit
Legal Description: A 3.735-acre tract of land, oa1 of Tracts 176 &rd 163 of the
Zy:hlinski and Murdock Subdivision of the G.C. Smith or H.T. & B.R.R. Company
Survey, Section 28, Abstract 551 in Brazoria County. Texas, as recorded r
Volume 29, Page 9 of the Deeds Records of Brazoria County.
General Location: a650 Dixie Farm Road. Pearland, TX.
2. Zone Change Application No. ZONE21.00005: A request by Robert
Ouintaa. applicant on behalf of Malisa Pearland, LP, owner, for approyal of an
amendment to the lard use regulations of the Province Village Planned
Development (?D1 District. to permit Gym/Health Club use by right within the PD,
on approximately 1.707 acres of land; to wit:
Legal Description: Being 0 of Lot "A", Block 1 of Province Village Replat No.
1, an addition in the City of Pearland. Brazoria County, Texas. as recoded in the
plat recorded in the County Clerk's File No. 2014038140 in the Plat Records of
Brazoria County Texas.
General Location: 2701 Pearland Parkway, Pearland, TX.
At said hearing, al interested parties shall have the right and opportunity to
appear and be heard on the subject. For additional information, please contact
the Panning Department al 281-652-1765
Mohamed A. Bire,me, AICP
Senior Planner
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Ord. No. 2000M-209
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
June 8, 2021
Honorable Mayor and City Council Members
Re: Recommendation on Zone Change Application No. ZONE 21-00004
Honorable Mayor and City Council Members:
At their regular meeting on June 7, 2021, the Planning and Zoning Commission
considered the following:
Request: A request by Emily Toungate, applicant and owner, for approval of a
zone change from the Light Industrial (M-1) District to the General Commercial
(GC) District, on approximately 3.7353 acres of land; to wit.
General Location: 4650 Dixie Farm Road, Pearland, TX.
The Commission conducted a public hearing for the proposed zoning request. After
hearing the testimony and argument of all interested parties, the Commission discussed
the Future Land Use Plan and the effect on surrounding properties based on the
additional uses that would be allowed by right under a commercial designation. After the
discussion, the Commission made a motion to recommend approval of the proposed
zoning change as requested by the applicant. The motion failed to pass by a vote of 2-
4. The Commission action would be considered a negative recommendation of the
request, which will require a supermajority vote the City Council to approve the request.
Sincerely,
rre-
Martin Griggs, AICP, CNU-A
Planning Manager
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-209