Ord. 2000M-0154 2017-01-23 Ordinance No. 2000M — 154
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, Zone
Change Application No. ZONE 16-00016, at the request of the City; for
approval of amendments to all Planned Developments and Planned
Unit Developments within the City of Pearland to require approval of
a Conditional Use Permit for auto related uses, Gas Stations, Pawn
Shops, Payday Loan Centers, Gold Exchanges, Rehab Facilities,
Halfway House, Boarding Homes, Asphalt/Concrete Plants,
Liquor/Package Stores, Cigars, Tobacco or E-Cigarettes Shops and
Vaping Lounges; 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, the City is proposing an amendment to all Planned Developments
and Planned Unit Developments within the City of Pearland to require approval of a
Conditional Use Permit for auto related uses, Gas Stations, Pawn Shops, Payday Loan
Centers, Gold Exchanges, Rehab Facilities, Halfway House, Boarding Homes,
Asphalt/Concrete Plants, Liquor/Package Stores, Cigars, Tobacco or E-Cigarettes
Shops and Vaping Lounges, and
WHEREAS, on the 21st day of November 2016, 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 "A," said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 21st day of November 2016, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
amendments to all Planned Developments and Planned Unit Developments within the
City of Pearland to require approval of a Conditional Use Permit for auto related uses,
Gas Stations, Pawn Shops, Payday Loan Centers, Gold Exchanges, Rehab Facilities,
Halfway House, Boarding Homes, Asphalt/Concrete Plants, Liquor/Package Stores,
Cigars, Tobacco or E-Cigarettes Shops and Vaping Lounges, said recommendation
attached hereto and made a part hereof for all purposes as Exhibit "B"; 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 December
2016, the 9th day of January 2017, and the 23rd day of January 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 City; for approval of amendments to all Planned Developments and Planned Unit
Developments within the City of Pearland to require approval of a Conditional Use
Permit for auto related uses, Gas Stations, Pawn Shops, Payday Loan Centers, Gold
Exchanges, Rehab Facilities, Halfway House, Boarding Homes, Asphalt/Concrete
Plants, Liquor/Package Stores, Cigars, Tobacco or E-Cigarettes Shops and Vaping
Lounges; 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. All Planned Developments and Planned Unit Developments within the
City of Pearland, as shown in Exhibit "D", will require approval of a Conditional Use
Permit for auto related uses, Gas Stations, Pawn Shops, Payday Loan Centers, Gold
Exchanges, Rehab Facilities, Halfway House, Boarding Homes, Asphalt/Concrete
Plants, Liquor/Package Stores, Cigars, Tobacco or E-Cigarettes Shops and Vaping
Lounges, as shown in the Amendment Text attached hereto and made a part hereof for
all purposes as Exhibit "C", in accordance with all conditions and requirements of the
current Unified Development Code approved by the City Council and incorporated for all
purposes.
Page 2 of 10
Ord. No 2000M-154
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 9th day of January,
2017.
TOM REID
MAYOR
Page 3 of 10
Ord. No 2000M-154
ATTEST:
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of January, 2017.
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TOM REID
MAYOR
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 10
Ord. No 2000M-154
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Exhibit A
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 16-00016
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, on the request of the City of Pearland,
for proposed amendments to all Planned Developments and Planned
Unit Developments within the City of Pearland to require approval of a
Conditional Use Permit for auto related uses, Gas Stations, Pawn Shops,
Payday Loan Centers, Gold Exchanges, Rehab Facilities, Halfway House,
Boarding Homes, Asphalt/Concrete Plants, Liquor/Package Stores,
Cigars, Tobacco or E-Cigarettes Shops and Vaping Lounges.
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
Page 5 of 10
Ord. No 2000M-154
Exhibit B
Planning and Zoning Commission Recommendation Letter
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Planning & Zoning Commission
Recommendation Letter
November 21, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 16-00016
Honorable Mayor and City Council Members:
At their regular meeting on November 21, 2016, the Planning and Zoning Commission
considered the following:
A request of the City of Pearland, for proposed amendments to all Planned
Developments and Planned Unit Developments within the City of Pearland to
require approval of a Conditional Use Permit for auto related uses, Gas Stations,
Pawn Shops, Payday Loan Centers, Gold Exchanges, Rehab Facilities, Halfway
House, Boarding Homes, Asphalt/Concrete Plants, Liquor/Package Stores,
Cigars, Tobacco or E-Cigarettes Shops and Vaping Lounges.
P&Z Commissioner Troy Pradia made a motion to recommend approval of the
amendments and P&Z Commissioner Ginger McFadden seconded the motion. The
motion passed 5-0.
Sincerely,
/`7, )S4
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 6 of 10
Ord. No 2000M-154
Exhibit C
Amendment Text
Ordinance 2000M-154
Effective January 23, 2017
If the Planned Development or Planned Unit Development would have allowed any of
the uses in Table 1 then the previously permitted use would be permitted by Conditional
Use Permit.
If the Planned Development or Planned Unit Development labeled any of the uses in
Table 1 as prohibited then this amendment does not change that status.
If the Planned Development or Planned Unit Development labeled any of the uses in
Table 1 as Conditional Use Permit then there is no change and the Use still requires a
Conditional Use Permit.
Table 1:
Liquor/Package Store
Cigars, Tobacco, or E-Cigarettes Shop and Vaping Lounges
Pawn Shop
Pay Day Loan Centers
Gold Exchanges
Boarding Home
Halfway House
Rehab Facilities
Auto related uses
All Terrain Vehicle (Go-Carts & Motor Cycles) Dealer/Sales
Auto Glass Repair/Tinting
Auto Interior Shop/Upholstery
Auto Parts Sales (With Outside Storage or Display)
Auto Rental
Auto Repair (Major)
Auto Repair (Minor)
Auto Sales/Dealer (New-In Building, Auto Servicing and Used Auto Sales as accessory
uses only) Combined auto lease
Auto Wash (Self-Service)
Auto Wrecker Service
Boat Sales/Personal Watercraft Sales (New/Repair)
Bus or Truck Storage
Commercial Transit Terminal
Gasoline Station (With or Without Auto Wash - Self Serve)
Limousine/Taxi Service
Motorcycle Sales/Dealer (New/Repair)
Parking Lot or Garage for passenger cars and trucks of less than one (1) ton capacity
Page 7 of 10
Ord. No 2000M-154
Tire Retreading and Capping
Tire Sales (Outdoors, With Open Storage)
Transfer Station (Refuse/Pick-up)
Truck (Heavy) and Bus Rental or Sales
Truck or Freight Terminal
Asphalt/Concrete Plants
Page 8 of 10
Ord. No 2000M-154
Exhibit D
List of Planned Unit Developments and Planned Developments
The following is a list of all Planned Development and Planned Unit Developments to
date and includes all subsequent amendments or addendums.
14525 Almeda School Road
20 Acres Fite Road
5205 Orange Street
Bakers Landing
BAKS Brewery / Bakfish Brewing Co
Bellavita at Green Tee
Botanical Landscape
Business Center
Canterbury Park
Cemetery / Zapalac Road
Center at Pearland Parkway
Classic Self Storage
Country Place
Dover Energy
Ellis Plaza
Gartner Coatings
Highland Glen / Beazer Homes
Houston Memorial Gardens Cemetery
Ivy District
Kingsley & Broadway
Lake Park / Pearland's Lake Park
Lawrence Place
LNR Clear Creek Spectrum / Spectrum District
Midtown at Magnolia
Modern Green Ivy District
New Life Lutheran Church
Oakbrook Estates
Old Downtown Church / Magnolia Court at Old Town Pearland
Parkside at Pearland
Pauluhn Electric Manufacturing
Pearland Commons
Pearland Marketplace
Pearland Senior Village
Pearland Town Center
Promenade Shops Lifestyle Center
Province Village
Ridge Rock
Shadow Creek Ranch
Skilled Nursing Home
Southern Trails
Page 9 of 10
Ord. No 2000M-154
Stonebridge / 123 Acres Pearland Parkway
Strouhal Tracts
Technology District
Third Coast Terminals
Twin Lakes
Village Grove
Villages at Town Lake
Water Lights District
WCF Development
West Lake
Wooten Road
Page 10 of 10
Ord. No 2000M-154