Ord. 2000M-210 2021-07-12Ordinance No. 2000M-210
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 all 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 (2701 Pearland Parkway, Pearland, TX). Zone Change Application
No. ZONE 21-00005, a Robert Quintana, applicant, on behalf of Malisa
Pearland, LP, owner, for approval of an amendment to the Province
Village Planned Development (PD) District, to permit Gym/Health Club
use by right within the General Business (GB) District of the PD, on
approximately 1.707 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, Robert Quintana, applicant, on behalf of Malisa Pearland, LP,
owner, is requesting approval of an amendment to the Province Village Planned
Development (PD) District, to permit Gym/Health Club use by right within the General
Business (GB) District of the PD, on approximately 1.707 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 amendment to the Province Village Planned Development (PD) District, to
permit Gym/Health Club use by right within the General Business (GB) District of the
PD, 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 amendment to the
Province Village Planned Development (PD) District, to permit Gym/Health Club use by
right within the General Business (GB) District of the PD, on approximately 1.707 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 an amendment to the Province Village
Planned Development (PD) District, permitting Gym/Health Club use by right within the
General Business (GB) District of the PD, in accordance with all conditions and
Page 2 of 9
Ord. No. 2000M-210
requirements of the current Unified Development Code and the amendments approved
by the City Council and incorporated for all purposes as Exhibit "E"; and, such property
being more particularly described as:
Legal Description: Being all 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.
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.
Page3of9
Ord. No. 2000M-210
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 28th day of June
2021.
2/1
EVIN COLE
MAYOR
ATTEST:
194
CRYSTAL ROAN, TRMC, CN'C
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th
day of July 2021.
ATTEST:
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
. KEVIN COLE
MAYOR
Page 4 of 9
Ord. No. 2000M-210
Exhibit A
Legal Description
Being all 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.
Page 5 of 9
Ord. No. 2000M-210
Exhibit B
Vicinity Map
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Exhibit 1
ZONE 21-00005
Zoning & Aerial
Map
Province Village PD
Amendment
2701 Pearland Parkway
Legend
Subject Property
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Page 6of9
Ord. No. 2000M-210
Exhibit C
Legal Advertisement
NOTICE OF PUBLIC HEARINGS OF
THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS
Notice is hereby given that the Planning and Zoning Cemmiss=cn and the City
Council of the City of Pearland, in Brazona. Harris and Fort Bend Counties,
Texas, will conduct pubiic hearings at 6'30 p,m , on Monday, June 7, and
Monday. June 28, 2021, respectively, at City Hat, 3519 Liberty Dr., Pearland,
Texas 77581 by telephone or Woo conference (preferred) and also in -person
with social distancing protocols and restrictions in cider to advance the public
health goa; of limiting face-to-face meetings (also called 'social distancng') to
slow the spread of the Coronavirus (COVID-19), for the following cases:
1. Zone Change Application No. ZONE21-00004. A request by Emily
Toungate, applicant and owner, for approval of a zcne change from the Light
Industr-al {M-11 District to the Genera? Commeraal (GC) District, on approxi-
mately 3 7353 acres of land; to wit -
Legal Description: A 3,735-acre tract o1 land, out of Tracts 176 and 163 of the
Zychlvtslu and Murdock Subdivision el the G.C. Smith or N.T. & B.R.R. Company
Sunray, Section 28. Abstract 551 in Brazoria County. Texas, as recorded ►n
Volume 29, Page 9 of the Deeds Records of Brazoria County.
General Location: 4650 Die Fern Road Pearland, TX,
2. Zone Change Application No. ZONE21.00005: A request by Robert
Quintana_ applicant, on behalf of Malisa Pearland, LP, owner, for approval of an
amendment to the land use regulations of the Province Village Planned
Development (PP District. to permit Gym/Health Club use by right within the PD,
on approximately 1.707 acres of land; to wit:
Legal Description: Being al of Lot A. Block 1 of Province Vilage Replal No.
1, an addrtion In the City of Pearland. 8razorla 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.
Al said hearing. at nterested parties shall have the right and opporturxly to
appear and be heard on the subject. For additional information, please contact
the Planning Department al 281-652-1765
Mohamed A. Bireima, AICP
Senor Planner
Page 7 of 9
Ord. No. 2000M-210
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
June 8, 2021
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 21-00005
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 Robert Quintana, applicant, on behalf of Malisa Pearland, LP,
owner, for approval of an amendment to the land use regulations of the Province Village
Planned Development (PD) District, to permit Gym/Health Club use by right within the
General Business (GB) District of the PD, on approximately 1.707 acres of land.
General Location: 2701 Pearland Parkway, Pearland, TX.
The Commission conducted a public hearing for the proposed PD Amendment request.
After hearing the testimony and argument of all interested parties, the Commission
discussed the proposed addition of Gym/Health Club use into the existing commercial
strip center, hours of operation and parking for the proposed use, and future requests
for amendments to this lot. After the discussion, the Commission made a motion to
recommend approval of the proposed zoning change as requested by the applicant.
The motion passed by a vote of 6-0.
Sincerely,
,Tr. 4*
Martin Griggs, AICP, CNU-A
Page 8 of 9
Ord. No. 2000M-210
Planning Manager
On behalf of the Planning and Zoning Commission
Page 9 of 9
Ord. No. 2000M-210
Exhibit E
Province Village
Planned Unit Development
PROPOSED Amendment No. 4
City of Pearland
City Council
Planning & Zoning Commission
June 7, 2021
Submitted on behalf of:
Malisa Pearland LP
C/O Baker Katz, Mr. Jason Lax
3700 Buffalo Speedway, Suite 400
Houston, TX 77098
Prepared by:
Mr. Jason Lax
1
PROVINCE VILLAGE PD AMENDMENT NO. 4
TABLE OF CONTENTS
I. INTRODUCTION 2
a. Site Description
b. Proposed Development
c. Description of Land
d. Purpose
II. ZONING AND LAND USES ..2
a. Existing Base Zoning Districts
b. Proposed Zoning
c. General Standards and Permitted Uses
d. Land Use Summary
III. DESIGN STANDARDS APPLICABLE TO THE DEVELOPMENT.... ........ 5
Specific Design Standards
a. Building Architecture
b. Signage and Landscaping
c. Fencing and Screening
d. Unified Development Code
IV. REQUIRED DEDICATION 6
V. PHASING 6
VI. EXHIBITS 7
a. Legal Descriptions
VII. APPENDIX
a. Original Approved PD, June 13, 2005
b. PD Amendment No. 1, December 14, 2009
c. PD Amendment No. 2, June 23, 2014
d. PD Amendment No. 3, October 13, 2014
2
I. Introduction
a. Site Description
There are no changes proposed to the Site Description.
b. Description of Proposed Development
This proposed 4th Amendment to Province Village Planned Unit Development
("Amendment") is specifically limited to that certain tract of land consisting of
approximately 1.67 acres at 2701 Pearland Parkway ("Subject Tract"). Any and all
other land within the Province Village Planned Unit Development remains subject
to the provisions, restrictions, and conditions set forth in the original Province
Village Planned Unit Development and as further amended by Amendment #1
adopted in 2009, Amendment #2 adopted in 2014 and Amendment #3 adopted in
2014. The purpose of this proposed amendment is to change the underlying zoning
of the Subject Tract to allow "Gym/Fitness Club".
c. Description of the Land
The Subject Tract is approximately 1.707 acres of land, bounded on the west by
Pearland Parkway, on the north by Province Village Drive, on the south by the
Lowe's Home Center zoned General Business, and on the east by vacant land which
is part of the Province Village PUD with and underlying zoning of Office
Professional.
d. Purpose
The purpose of this proposed amendment is to change the underlying zoning of the
Subject Tract to allow "Gym/Fitness Club". The tenant for which the owner of the
Subject Tract is pursuing this amendment is Cyclebar. This proposed amendment
is intended to limit the acceptable "Gym/Fitness Club" businesses to those similar
in type and quality to Cyclebar. Cyclebar is a boutique fitness studio, offering spin
classes. They are a best -in -class operator and invest heavily in the construction of
their space. Furthermore, all classes take place indoors.
The owners of the Subject Tract firmly believe this high -end brand will be a great
reflection of, and amenity to Province Village.
H. Zoning and Land Uses
a. Existing Zoning
All properties withing the PUD have underlying zoning classifications of Office
Professional, General Business, and R-4 Single Family Residential. The Subject
Tract is currently designated as General Business.
3
b. Proposed Zoning
The General Business designation of the Subject Tract is proposed to be amended
to allow for "Gym/Fitness Club". Such amendment shall only apply to the Subject
Tract. Furthermore, the proposed inclusion of "Gym/Fitness Club" as an allowable
use shall be restricted to a maximum floor area of 2,500 SF. The use shall also be
prohibited from all outdoor activity with respect to the operation of a "Gym/Fitness
Club".
c. General Standards and Permitted Uses
Unless specifically defined herein, the Subject Tract will conform to the
requirements of the Unified Development Code for General Business uses and
further limited to those uses described below:
Accessory & Incidental Uses
Accessory Structure (Business or Industry)
Off -Street Parking Incidental to Residential Main Use
Off -Street Parking Incidental to Nonresidential Main Use
Social & Recreational Building, including homeowner's association
neighborhood recreation centers
Onsite Detention Facility
Office Use
Clinical, Medical or Dental
Credit Agency
Financial Institution (No Motor Bank Services)
Financial institution (With Motor Bank Services)
Financial Services (Advice/Invest)
Insurance Agency Offices
Office, Brokerage Services
Office, Legal Services
Office, Medical/Dental {Defined Under Medical Facilities}
Office, Professional and General. Business (other than those listed)
Office, Real Estate
Security Monitoring Company (No Outside Storage)
Travel Agency, Bureau or Consultant
Automatic Teller Machine (ATM)
Barber/Beauty Shop/Tanning Studios (No Related School/College)
Mailing Service (Private)
Pharmacy (Retail Only)
Seamstress or Dressmaker (Retail Only)
Retail & Business Service Uses
Antique Shop (No outside storage)
Art Supply Store
4
Bakery or Confectionery Shop (Retail Sales, Inside Service Only)
Book/Stationery Shop (Retail Only)
Camera Shop (Retail Only)
Copy/Printing Shop
Drapery/Blind Shop
Florist Shop (Retail Only)
Gift or Card Shop (Retail Only)
Gym/Health Club (Physical Fitness; Indoors Only)
Handicraft & Art Object Sales Shop
Ice Cream/Yogurt Shop (for On -or Of -Site Consumption)
Optical Shop
Paint, Wallpaper Shop (Retail Only)
Pharmacy/Drug Store (Retail Only)
Retail Shops, Apparel, Accessories, Gifts & Similar Goods (Other than those
listed: No Outside Storage)
Restaurant
Fast Food — No Drive -Through Facility
Full Serve — No Drive -Through Facility
Furniture (including mattress) Sales
Jewelry Sales
Utility Related Service Uses
Satellite Dish (Private, less than 4' in diameter) {See Telecommunications Regs.
Chapter 2, Art. 5 Div. 5 of UDC)
Telephone Business Office
Commercial & Related Service Uses
Contractor's Temporary On -Site Construction Office (only with permit from
B.O.)
d. Land Use Summary
There are no changes proposed to the Land Use Summary.
III. DESIGN STANDARDS APPLICABLE TO THE DEVELOPMENT
Specific Design Standards
e. Building Architecture
There are no changes proposed to this Section.
f. Signage and Landscaping
There are no changes proposed to this Section.
g.
Fencing and Screening
There are no changes proposed to this Section.
5
h. Unified Development Code
There are no changes proposed to this Section.
IV. REQUIRED DEDICATION
There are no changes proposed to this Section.
VIII. PHASING
There are no changes proposed to this Section.
IX. EXHIBITS
a. Legal Description
Legal Description
Being all 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.
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