Ord. 2000M-218 2021-10-25 Ordinance No 2000M-218
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 1,
Block 1 of Minor Plat of Turner's Corner, an addition within the City of
Pearland, Brazoria County, Texas according to the plat recorded in County
Clerk's File No 2013010156 in the Plat Records of Brazoria County, Texas
(located at 3054 Cullen Parkway, Pearland, Texas) Zone Change
Application No ZONE 21-00016, a request by Lonnie Turner, applicant, and
owner, for approval of a zone change from the Neighborhood Service
(NS) District to the General Business (GB) District, on approximately 0 39
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, Lonnie Turner, applicant, and owner, is requesting approval of a
zone change from the Neighborhood Service (NS) District to the General Business (GB)
District 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 20th day of September 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 change in zoning classification from the Neighborhood Service (NS) District to
the General Business (GB) 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 20th day of September
2021, and
WHEREAS, on the 11th day of October, 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 Neighborhood Service (NS) District to the General
Business (GB) 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
Neighborhood Service (NS) District, is hereby granted approval for change in zoning
classification from the Neighborhood Service (NS) District to the General Business (GB)
District, in accordance with all conditions and requirements of the current Unified
Development Code and the amendments approved by the City Council, and, such
property being more particularly described as.
Legal Description All of Lot 1, Block 1 of Minor Plat of Turner's Corner, an
addition within the City of Pearland, Brazoria County, Texas according to the plat
recorded in County Clerk's File No 2013010156 in the Plat Records of Brazoria
County, Texas
General Location 3054 Cullen Parkway, Pearland, Texas
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 11th day of October
2021 �+ D
VIN COLE
MAYOR
ST
„ ,.—
R STAL ROAN, TRMC, CMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th
day of October 2021
,2c./<' - t•Z-
. EVIN COLE
MAYOR
IIEST
J
C YSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM _b '•W
-. OW I i
_j____ 6_,L.,_ a2 ,
DAR R I N M COKE R ,••44. +aaaau.,„„...0'`*"/
CITY ATTORNEY
Exhibit A
Legal Description
All of Lot 1, Block 1 of Minor Plat of Turner's Corner, an addition within the City of
Pearland, Brazoria County, Texas according to the plat recorded in County Clerk's File
No 2013010156 in the Plat Records of Brazoria County, Texas
Exhibit B
Vicinity Map
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I, Zoning +Aerial Map
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Exhibit C
Legal Advertisement
NOTICE OF PUBLIC HEARINGS OF
THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL
OF THE CITY OF PEA6tLAND,TEXAS
Notice is hereby given that me Planrring and Zoning Commission of the City of
Pearland,in Brazaria.}lam and Fort Bend Counties,Texas,will hold a public
hearing for the following cases an Monday.September 20,2021.at 6:30 p.m.,
at City Hall,3519 Liberty Or, Pearland,Texas 77681;and That the City Council
of the City of Pearland will hold a hearing and Ordinance adoption conside-raran
for the same on Monday,October 11,2021,at 8:30 p.m.,at City Hall,3519
Liberty Dr.,Pearland,Texas 77581
1.Zone Change Application No.ZONE21.00016:A request by Lonnie Turner,
applicant and owner,ter approval or a zone change from the Neighborhood
Seririce.(NS)District to the General twsiress (GB) Dslricl,on approximately
0.39 sores 01 land;to w i1;
Legal Dascrlptlon:All of Lott,Block 1 of Minor Plat of Turner's Corner,enaddi-
tion within the City of Peadend,Brazorla County,Texas according to the plat
recorded in County Clerk's File No.2013010156 in the Plat Records of Braioria
County,Texas,
General Location:3054 Cullen Parkway,Pearland,Texas
2.Zone Change Application No.ZONE2144017;A request by Jose Jaramille,
11SG Engineering,applicant,on behalf o1 ON 18 Rivers LLC,owner,for approval
of a zone change from the General Commercial (GC) District to the Light
Industrial(M•1)District,on approximately 9.569 acres offend:to wit:
Legal Description:A 9569 acres(416.845 square feet)of land,being a called
9.65 acres tract,being the North one-halt of Bock 43,Section No,2,of the HI.
6 B.R.R.Co.Survey,Certilic to 391,Abstract No.542,Save 6 Ex4ept a 0.1091-
acre tract, conveyed to the Stale of Texas, per B.C.C.F. No. 2005023018,
Brazora County,Texas.
General Location:1613 Main Street.Pearland.TX.
At said hearing,all interested parties shall have the right and opportunity to
appear and be beard on the sub[ect. For adcilianet information,please contact
the Community Development Department at 281-852-1765.
Mohamed A.Bireima,AICP
Senior Planner
Exhibit D
Planning and Zoning Commission Recommendation Letter
of rE94`90
PEARLAND
FSr' Is9
Planning & Zoning Commission
Recommendation Letter
September 21, 2021
Honorable Mayor and City Council Members
3519 Liberty Drive
Re Recommendation on Zone Change Application No ZONE 21-00016
Honorable Mayor and City Council Members.
At their regular meeting on September 20, 2021, the Planning and Zoning Commission
considered the following
Request: Lonnie Turner, applicant, and owner, for approval of a zone change from the
Neighborhood Service (NS) District to the General Business (GB) District, on
approximately 0 39 acres of land
General Location 3054 Cullen Parkway, Pearland, Texas.
The Commission conducted a public hearing for the proposed zone change request. The
applicant presented the request and discussed the intended development of the property for
addition of a massage establishment use There were no members of the public who spoke for
or against the request during the public hearing After a brief discussion about other locations
where massage activities are being conducted, the Commission voted to recommend approval
of the requested zone change to the City Council by a vote of 5-0 This recommendation
constitutes a positive recommendation and only a simple majority vote is needed to approve the
request.
Sincerely,
Martin Griggs, AICP, CNU-A,
Planning Manager
On behalf of the Planning and Zoning Commission