Ord. 2000M-215 2021-08-23_Failed 1---ottICd
Ordinance No. 2000M-215
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; Tract (1): a tract or
parcel of land containing 11.250 acres or 490,034 square feet, being the
same called 11.250-acre tract described in a deed to International Bank of
Commerce, as recorded under Harris County Clerk's File (H.C.C.F.) No.
20120249527, situated in the D. White Survey, Abstract No. 881, Harris
County, Texas. Tract (2): a tract or parcel of land containing 7.405 acres or
322,570 square feet, being the same called 7.4369-acre tract conveyed to
Beltway 7.437 LP, as recorded under Harris County Clerk's File (H.C.C.F.)
No. Y405144, situated in the D. White Survey, Abstract No. 881, Harris
County, Texas (located at West of 2850 S Sam Houston Pkwy E.,
Pearland, TX). Zone Change Application No. ZONE 21-00010, a request by
Eric Langan, applicant, on behalf of RCI Holdings Inc., owner, for approval
of a zone change from the Business Park-288 (BP-288) District to the
General Commercial (GC) District, on approximately 18.655 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, Eric Langan, applicant, on,behalf of RCI Holdings Inc., owner, for
approval of a zone change from the Busss Park-288 (B 8) District to the General
Commercial (GC) District, on appr imately 18.655 atAres of land on the following
described property; said prop: y bei le Ily scribed in the legal description
attached hereto and made a p her for all purposes as Exhibit "A," and more
graphically depicted in e vi nity ap ttached hereto and made a part hereof for all
purposes as Exhibi B"; and
WHERE ,. S, on the 2nd day f August 2021, a public hearing was held before the
Planning a a Zoning Commission of the City of Pearland, Texas, notice being given by
online p 4 blication 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 change in zoning classification from the Business Park-288 (BP-288) 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 2nd day of August
2021; and
WHEREAS, on the 23rd day of August, 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 for the change in
zoning classification from the Business Park-288 (BP-288) District to the General
Commercial (GC) District; 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 Business
Park-288 (BP-288) District, is hereby granted approval for change in zoning
classification from the Business Park-288 (BP-288) District to the General Commercial
(GC) District, in accordance with all conditions and requirements of the current Unified
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Ord. No. 2000M-215
Development Code and the amendments approved by the City Council; and, such
property being more particularly described as:
Legal Description: Tract (1): A tract or parcel of land containing 11.250 acres or
490,034 square feet, being the same called 11.250-acre tract described in a
deed to International Bank of Commerce, as recorded under Harris County
Clerk's File (H.C.C.F.) No. 20120249527, situated in the D. White Survey,
Abstract No. 881, Harris County, Texas. Tract (2): A tract or parcel of land
containing 7.405 acres or 322,570 square feet, being the same called 7.4369-
acre tract conveyed to Beltway 7.437 LP, as recorded under Harris County
Clerk's File (H.C.C.F.) No. Y405144, situated in the D. White Survey, Abstract
No. 881, Harris County, Texas.
General Location: West of 2850 S Sam Houston Pkwy E., 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 Ill. 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
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Ord. No. 2000M-215
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 23rd day of August
2021.
J. KEVIN COLE
MAYOR
ATTEST:
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th
day of September 2021.
J. 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-215
Exhibit A
Legal Description
Tract (1): A tract or parcel of land containing 11.250 acres or 490,034 square feet,
being the same called 11.250-acre tract described in a deed to International Bank of
Commerce, as recorded under Harris County Clerk's File (H.C.C.F.) No. 20120249527,
situated in the D. White Survey, Abstract No. 881, Harris County, Texas.
Tract (2): A tract or parcel of land containing 7.405 acres or 322,570 square feet, being
the same called 7.4369-acre tract conveyed to Beltway 7.437 LP, as recorded under
Harris County Clerk's File (H.C.C.F.) No. Y405144, situated in the D. White Survey,
Abstract No. 881, Harris County, Texas.
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Ord. No. 2000M-215
Exhibit B
Vicinity Map
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" y , _ - Exhibit 1
I �~ '~ ' - �_ ,.3,tik t Zoning +Aerial Map
I ' _ . -- ZONE 21-00010
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. �i!+ I Zone Change: BP-288 to GC
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Ord. No. 2000M-215
Exhibit C
Legal Advertisement
NOTICE OF PUBLIC HEARING 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 Commission of the City of
Pearland,in Brazoria,Harris and Fort Benc Counties,Texas,will hold a pubic
hearing on Monday,August 2,2021,at 630 p.m.,al City Hal,3519 Liberty Dr.,
Pearland.Texas 77581;and Ihat the City Council of the City of Portend will hold
a hearnig and Ordinance adoption consideration on Monday,August 23,2021.
at 6:30 p.m.,at City Hall, 3519 Liberty Dr.. Pearland,Texas 77581. by tele-
phone/video conference and in-person with social distancing protocols and
restrictions n order to advance the public health goal of limiting tace-to-face
meetings to sbw the spread of the Cordnavrrus(COVID•14),for the following
cases
1 Zone Change Application No.ZONE21-00010:A request by Eric Langan,
applicant,on behaf a1 RCI Holdings Inc.,owner,for approval of a zone change
horn the Business Park-288(BP-288)Drstnct to the General Commercial(GC)
Dstncl.on approximately 18 655 acres of land:to wit:
Legal Description:Tract(1):A tract or parcel of land containing 11.250 acres
or 490,034 square feet,being the same called 11 250-acre tract described in a
deed to Internaticoal Bank of Commerce, as recorded under Harris County
Clerk's File (H.C.C.F.) No. 20120249527. situated in the D. Whte Survey,
Abstract No.881,Harris County,Texas.Tract(2):A tract or parcel of land con-
taining 7.405 acres or 322,570 square feet,being the same called 7.4369-acre
tract conveyed to Beltway 7.437 LP,as recorded under Harris County Clerk's File
{H.C.C.F.) No. Y4051441, situated in the D. White Survey Abstract No. 881
Hams County.Texas.
General Location: Southeast Corner of Sam Houston Tollway and State
Highway 288
2 Zone Change Application No. ZONE21-00012: A request by Justin S.
Barnett,applicant.on behalf of Tranqurldy Lake Estates LLC.owner.for approval
of a zone change from the General Business(GB)District to the Single-Farnily
Residential-1 (R-1)District on approximately 4,7034 acres of land;to wit;
Legal Description:Reserve E of Tranquility Lake Estates Section 4,a subdivi-
san of 15.8690 acres of land situated in the southwest?01 the northwest?of
Section 17, H.T. & B.R.R- CO. Survey, Abstract No. 242,City of Pearland,
Brazoria County.Texas,according to the Final Plat recorded in County Clerk's
File Na.201901 C684 in the Plat Records of Brazoria County,Texas
General Location:West Side of Serenity Drive,Pearland,TX,
3.Zone Change Application No.ZONE21.00013:A request by Jennifer Curtis.
META Planning a Design LLC,applicant,on behalf of TX-Land Parcels.LLC,
owner, for approval of proposed amendments to the Pearland Town Center
Planned Unit Development(PUD),to accommodate detached townhomes devel-
opment on single-family residential tots subdivided for individual ownership wdh-
ut Sib-Area^C'of the PD.on approtumately 13.692 acres of land:to wit:
Legal Description: Being Lots 14, 15 & 16 of Amending Plat of the Plat of
Replat of Pearland Town Center,a subdivision recorded in File No 200805836
in the Official Records of Brazoria County.Texas.
General Location:South Side of 11200 Broadway Street,Portend,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 Community Development Department at 281-652-1765.
Mohamed AL Buena.AICP
Senior Planner
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Ord. No. 2000M-215
Exhibit D
Planning and Zoning Commission Recommendation Letter
pt
TEXAS
M
Sr. 199A
Planning & Zoning C
Recommendation Letter
August 3, 2021
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 21-00010
Honorable Mayor and City Council Members:
At their regular meeting on August 2, 2021, the Planning and Zoning Commission
considered the following:
Request: Eric Langan, applicant, on behalf of RCI Holdings Inc., owner, for
approval of a zone change from the Business Park-288 (BP-288) District to the
General Commercial (GC) District, on approximately 18.655 acres of land.
General Location: West of 2850 S Sam Houston Pkwy E., Pearland, TX.
The Commission conducted a public hearing for the proposed zone change request.
The applicant presented their request and discussed the intended development for the
property. After the discussion, the Commission voted to approve a recommendation for
the proposed GC zoning by a vote of 5-2. Vice-Chairperson Dansby and Commissioner
Cade voted against the request voicing concerns about the property being at the
entryway for Pearland and desiring that the property to maintain the BP-288
classification for aesthetics and allowed uses.
Sincerely,
Martin Griggs, AICP, CNU-A,
Planning Manager
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-215