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Ord. 2000M-223 2022-03-07_Failed Failed on March 7, 2022 Ordinance No. 2000M-223 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 2.00 acres of land being that certain parcel of land out of Tract 51-A of a subdivision of the H.T. & B.R.R. Company Survey, Section 25, Abstract No. 245, Brazoria County, Texas (located at the Southwest Quadrant of McLean Road and Bailey Road). Zone Change Application No. ZONE 21-22, a request by Navam R. Sivaruban, The One P.E. Group LLC, applicant, on behalf of Mamun Hussein, Amana Group, owner, for approval of a zone change from the Suburban Residential-15 (SR-15) District to the Light Industrial (M- 1) District, on approximately 2.00 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, Navam R. Sivaruban, The One P.E. Group LLC, applicant, on behalf of Mamun Hussein, Amana Group, owner, is requesting approval of a zone change from the Suburban Residential-15 (SR-15) District to the Light Industrial (M-1) District, on approximately 2.00 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 day and 21st of February 2022, public hearings were 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 Suburban Residential-15 (SR-15) District to the Light Industrial (M-1) 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 7th day of March 2022; and WHEREAS, on the 7th day of March, 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 Suburban Residential-15 (SR-15) District to the Light Industrial (M-1) 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 Suburban Residential-15 (SR-15) District, is hereby granted approval for change in zoning classification from the Suburban Residential-15 (SR-15) District to the Light Industrial (M-1) 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: Page 2of9 Ord. No. 2000M-223 Legal Description: 2.00 acres of land being that certain parcel of land out of Tract 51-A of a subdivision of the H.T. & B.R.R. Company Survey, Section 25, Abstract No. 245, Brazoria County, Texas. General Location: Southwest Quadrant of McLean Road and Bailey Road. 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. Page 3 of 9 Ord. No. 2000M-223 PASSED, APPROVED, and ADOPTED on First Reading this 7th day of March 2022. J. KEVIN COLE MAYOR ATTEST: LESLIE CRITTENDEN INTERIM CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of March 2022. J. KEVIN COLE MAYOR ATTEST: LESLIE CRITTENDEN INTERIM CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Page 4 of 9 Ord. No. 2000M-223 Exhibit A Legal Description 2.00 acres of land being that certain parcel of land out of Tract 51-A of a subdivision of the H.T. & B.R.R. Company Survey, Section 25, Abstract No. 245, Brazoria County, Texas. Page 5 of 9 Ord. No. 2000M-223 Exhibit B Vicinity Map ZONING &.AERIAL MAP r///%hill!%i!%,,,,,ii,,,,,,i,,,,ii/i,,/ / ii , / iii/ / ' //i i i e � � m h gyp�, �..., ';11...,,:, d tl'40 a ii , p „ ( I11% av1 w w u n ouli • %r III ol„,iiiIIIIII,IIIIIII011- f/ J v bv ? IL t 100111011,\ 1 h,.14,„1,11:Evr, ,„1„.A.5,:.,:::,.,..h fil:11::1,:i:,1:,illidliromilitolu!„„,c'„.1.1.er,„ 054,5(„„ „„ , „„ „„ „ „„R„.1, 5,d � �,�(�� ., )/l�/ m ��ii/, /y aI/ ;fn rinY a /v��/ ,i ,,. ,j, VN6WV91rY „ V u^ �w, w . . ,i / / r „m,»n muf�olwi�� b , '// i% ;ems *i a,,` ",' ,,,. ,,, ,a" „ ,S j, l-1�` . ,. ',tNNfo4l��ou�y�'�'y)°J/"J9i lim. „ .v,,, , f , //v ' wi � � )„ o/a�� ,. icon i j �., /41 , /oo 5,"a r 1, „ - III o or, "- , %r , I� ��, I,, I I. _i ,,,jplu i„!,,,,,,,, , p; "',", `.� ;U<i1 i'^1'Jr r ^" ,.; �i � I it w j�° i�,% Y 1 /f,4„;; . ,. ,,) / ,�@y/ 0 % N� d� �V n �ql� 0 0�5�!; //D �� ;,,,, y 10 1( )7f� �� "III, ilk I f�J�1 / 1" a l j w! ? J, 1 ,h Id,d � lr eC{ fc ,�// ' ;'i i��'m 1/!` ��II ISM �� i ml - i%/�I h % Y �, III„,„I,, i�u J��: :�p,n9 u liol um IP J Y, ,i� IViJII ' �� Id''lllulll.. f 1813 ,!ir J' V uw,i+ tlI19 rnnv 11 ii ys J/ /�JJ IW .. illir €€V aaaaaaaa ��i Page 6of9 Ord. No. 2000M-223 Exhibit C Legal Advertisement NOTICE OF PUIBILAC HEAR1NO$OF THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CIITY OF PEARLAND,TEXAS Witte ia hereby given lhal the City OckinJ ot the City of Pearland will hold a pDic heOrirv! end lirg OrriirrArle 0[1011041On 011 Mons„Marph 7, 21122.al 6",j0 p re.,at Cit.i Hall,:351q Lot:arty Dr,Peartand,Texas 77581.,km Inc caso: Zone Change Application No. ZONE 21-1X1022:, A request by Navarri R, Sr,rariton,The One P,E, Group t„,1C.,applicant, en behalf of Marion Hussein, Amana. („tabup, orw lOr '..vprovoi il Or10 Oran.90 from ihe $kitgoloarl Husidonlial-15(SR 1 SI Dishol ac lho Lioto Indunag 1) District.on approk.. matoly 2.013 adios of land le wit LaaiI Descrip.tion:200 acres of and being Mat certain parcel of land ctn.ol Tract 51-A ot a subdivision of the HI, &13,R,F1,'Company Survey,Section 25, Awiraot NO.245 Efrazpria Ouorly,iiixas Gentili!Lotation:Southoust Quadrant dfillActown Road and Bailey Road Al said hoarli allil limereslod panics shalt have the right and opportunity to *pear and be heard OR the subject For.acditional inlormation,please contact The Community Developmerl Department al 281-652-1765, Mohatriod A.Baena„AICP Senior Planner Page 7 of 9 Ord. No. 2000M-223 Exhibit D Planning and Zoning Commission Recommendation Letter fr 4 immmmrtmu,._. ....rtmmmmm Planning o Z nin g o ssmmi ion Recommendation Letter February 24, 2022 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Zone Change Application No. ZONE 21-22 Honorable Mayor and City Council Members: At their regular meetings on February 7 and 21, 2022, the Planning and Zoning Commission considered the following: Request: Navam R. Sivaruban, The One P.E. Group LLC, applicant, on behalf of Mamun Hussein, Amana Group, owner, for approval of a zone change from the Suburban Residential-15 (SR-15) District to the Light Industrial (M-1) District, on approximately 2.00 acres of land. General Location: Southwest Quadrant of McLean Road and Bailey Road At their February 7 regular meeting, the Commission conducted a public hearing for the proposed zone change request. The applicant was available for the meeting and made a presentation on the proposed development discussing their desire to build a mini- warehouse/self-storage use on the property. The Commission voted to table the subject request to their next regular meeting pending further action by the City Council on amendments to the Unified Development Code pertaining the use regulations of Warehouse/Self-Storage. On February 14, 2022, the City Council approved Unified Development Code Amendment (T-36), allowing Warehouse/Self-Storage use to permitted by a Conditional Use Permits within the General Business (GB), General Commercial (GC), Light Industrial (M1) and Heavy Industrial (M2) districts, and further establishing regulations specific to this use. Page 8 of 9 Ord. No. 2000M-223 At their February 21 regular meeting, the Commission conducted another public hearing for the proposed zone change request. Two people spoke in opposition of the project. One discussed that their family lived adjacent to the property and how they did not desire commercial development. The other speaker discussed their concern of flooding and mitigation. The Commission discussed flooding, availability of utilities, history of surrounding developments, and the amendment to the UDC that were recently approved. After the discussion, the Commission made a motion to recommended approval of the requested zone change to Light Industrial (M-1) District. The motion failed to pass by a vote of 0-4. This vote constitutes a negative recommendation, which would require a supermajority vote by the Council to approve the zone change request. Sincerely, Martin Griggs, AICP, CNU-A, Planning Manager On behalf of the Planning and Zoning Commission Page 9 of 9 Ord. No. 2000M-223