Ord. 2000M-224 2022-04-25Ordinance No. 2000M-224
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, Forgotten Angels, a subdivision of 7.06 acres of land in the City of
Pearland, Texas, according to the Plat recorded in County Clerk’s File No.
2012045168 in the Plats Records of Brazoria County, Texas (located at
3309 Industrial Drive, Pearland, TX). Zone Change Application No. ZONE
22-02, a request by Renee McGuire, applicant, on behalf of Forgotten
Angels Foundation, owner, for approval of a zone change from the Light
Industrial (M-1) District, Planned Development (PD), and Single-Family
Residential-4 (R-4) District to the General Business (GB) District, on
approximately 7.06 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, Renee McGuire, applicant, on behalf of Forgotten Angels
Foundation, owner, is requesting approval of a zone change from the Light Industrial
(M-1) District, Planned Development (PD) and Single-Family Residential-4 (R-4) District
to the General Business (GB) District, on approximately 7.06 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 21st of March 2022, 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
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premises, submitted its report and recommendation to the City Council regarding the
proposed change in zoning classification from the Light Industrial (M-1) District, Planned
Development (PD) and Single-Family Residential-4 (R-4) 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 11th day of April 2022;
and
WHEREAS, on the 11th day of April, 2022, 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 Light Industrial (M-1) District, Planned Development (PD) and
Single-Family Residential-4 (R-4) 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 Light
Industrial (M-1) District, Planned Development (PD) and Single-Family Residential-4 (R-
4) District, is hereby granted approval for change in zoning classification from the Light
Industrial (M-1) District, Planned Development (PD) and Single-Family Residential-4 (R-
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4) 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 being attached hereto and made a part hereof for all purposes as
Exhibit "E”; and such property being more particularly described as:
Legal Description:
Lot 1, Block 1, Forgotten Angels, a subdivision of 7.06 acres of land in the City of
Pearland, Texas, according to the Plat recorded in County Clerk’s File No.
2012045168 in the Plats Records of Brazoria County, Texas.
General Location: 3309 Industrial Drive, 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
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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 April
2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
LESLIE CRITTENDEN
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th
day of April 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
_____________________________
LESLIE CRITTENDEN
CITY SECRETARY
APPROVED AS TO FORM:
_____________________________
DARRIN M. COKER
CITY ATTORNEY
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Ord. No. 2000M-224
Exhibit A
Legal Description
Lot 1, Block 1, Forgotten Angels, a subdivision of 7.06 acres of land in the City of
Pearland, Texas, according to the Plat recorded in County Clerk’s File No. 2012045168
in the Plats Records of Brazoria County, Texas.
Page 6 of 8
Ord. No. 2000M-224
Exhibit B
Vicinity Map
Page 7 of 8
Ord. No. 2000M-224
Exhibit C
Legal Advertisement
Page 8 of 8
Ord. No. 2000M-224
Exhibit D
Planning and Zoning Commission Recommendation Letter
Recommendation Letter
March 22, 2022
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 22-02
Honorable Mayor and City Council Members:
At their regular meeting on March 21, 2022, the Planning and Zoning Commission considered
the following:
Request: Renee McGuire, applicant, on behalf of Forgotten Angels Foundation, owner,
for approval of a zone change from the Light Industrial (M-1) District, Planned
Development (PD) and Single-Family Residential-4 (R-4) District to the General
Business (GB) District, on approximately 7.06 acres of land.
General Location: 3309 Industrial Drive, Pearland, TX.
At their regular meeting, the Commission conducted a public hearing for the proposed zone
change request. The applicant was present and made a presentation discussing their desire to
build a multi-use building for Forgotten Angels. The Commission did not raise any concerns
though discussion on the proposal. After the discussion, the Commission made a motion to
approve the requested zone change from M-1, PD, and R-4 to GB was approved by a vote of 7-
0.
Sincerely,
Martin Griggs, AICP, CNU-A,
Planning Manager
On behalf of the Planning and Zoning Commission