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Ord. 2000M-225 2022-04-11_Failed Failed on April 11, 2022 Ordinance No. 2000M-225 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 15 and Lot 16, Block 2, Air Port Sites Addition, an addition to the City of Pearland, Brazoria County, Texas, according to the Map or Plat recorded in Volume 5, Page 57 of the Plats Records of Brazoria County, Texas (located at 3909 Second Street, Pearland, TX). Zone Change Application No. ZONE 22-03, a request by William Wiatrak, applicant, on behalf of Barbara Young, owner, for approval of a zone change from the Light Industrial (M-1) District to the General Business (GB) District, on approximately 0.2870 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, William Wiatrak, applicant, on behalf of Barbara Young, owner, is requesting approval of a zone change from the Light Industrial (M-1) District to the General Business (GB) District, on approximately 0.2870 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 premises, submitted its report and recommendation to the City Council regarding the proposed change in zoning classification from the Light Industrial (M-1) 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 11t" day of April 2022; and WHEREAS, on the 11t" 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 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, is hereby granted approval for change in zoning classification from the Light Industrial (M-1) District to the General Business (GB) District, on approximately 0.2870 acres of land 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: Lot 15 and Lot 16, Block 2, Air Port Sites Addition, an addition to the City of Page 2 of 9 Ord. No. 2000M-225 Pearland, Brazoria County, Texas, according to the Map or Plat recorded in Volume 5, Page 57 of the Plats Records of Brazoria County, Texas. General Location: 3909 Second Street, 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. Section VI. This Ordinance shall become effective after its passage and approval on second and final reading. Page 3 of 9 Ord. No. 2000M-225 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 Page 4 of 9 Ord. No. 2000M-225 Exhibit A Legal Description Lot 15 and Lot 16, Block 2, Air Port Sites Addition, an addition to the City of Pearland, Brazoria County, Texas, according to the Map or Plat recorded in Volume 5, Page 57 of the Plats Records of Brazoria County, Texas. Page 5 of 9 Ord. 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[[ llllih �I� I �,„,mylllllll�'i�Tr J9w iti, illly Il�� i„ „'°� Otil III, ��,.w^Y u �.,"'"; ''I,nuli�wr�sa,,.'1110 s€€ 11111�I ". „. .. �WM � 11 �Vv,1 W d II�II�IVb� Page 6 of 9 Ord. No. 2000M-225 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 herobv given that the,Planning and Zoning Commission of the City of Peariand. in Br azoria„Harris and Fort Bond Counties,Texas,*Ill hold a public hearing on Monday,Miaireh 21,2022,at 6:34p.nr.ai City Hall,3519 Warty Dr., Peanut&Toms 775.a and that the City Council of the City of Poacland yid hold a pubic homing and first Ordinance adoption consideration co Monday.April 1 2022,at G.20 p.m.,al City Hall.3519 Liberty Dr.,Peadand,ToxasT7581„for the g cases: t„Zone Lange Application No. ZONE 22,000n2: A request by Renee McGuire applOarl, on belle oil Forgotten ktgels Foundation, owner, for approval of a zrn,le change, from the Light Industrial (Mw” District Planed Development PD)and Single-Famiiy Rosidential4 District to the General Business,GB)i Distinct.on.approxlmatoly'7.06 acres and to wit, Legal Description:Lot 1,Block 1,Forgotten Angels,a subdivision DI 7.06acros or and in the City of Nada*Texas,according to the Plat recorded in Cosrity CleriCs File No.201204516e in the Plats Records of Bezzola County,boos. General Location:3109 Industrial Dries Peartand„TX„ 2. Zone Change Application No. ZONE 224 4401 A rockkal. by William Wiatrak,applicant,on bohall of Barbara'Young.0561110r for approval of a aorta change from the Light Industrial (M-1 District to the General Business JIGEI) District on approximamly 0.281 arms of land to wit: Legal Description:Lot 15 and Lot 16,Block 2,Air Port Sites Additon,an addi. ton to the City ot Poadand Bra2bria County,Texas,.according to ihe Map or Plat rocordod ii Volume 5,Faye 57 of the Plots Records of Brazen County,Texas. General Locatlon:1900 Secand Street,Peariand,T . 3.Zone Change Application No.ZONE 22.00004:A tarlost by tan Weiland, Morris and AsFociales„applicant,on behaVi ui Scharff Group LLC„owner, tar apprNal of a zone change from tea Single-Family Residential-1 (R-1)Distniallo trte Rownloolv,Reslidentaii Districi(TI-1)District,an,approxirratelty 9.45 acres 01 land;to'wit: Legal Description: Lenny a 9.4541-acte bad of lard out of the W.D.C. Hall Leo*Survey,Abstract No.71),Broorta County,108$,'art1K1 Inuony polo ol Lot-2a oaf George SubdtviiiNon i eewidert no',Welton?. 7f Page 010 of the Deed kacord:s cml Brezoria Cooly,Texas. General Local•- 2t110 Dixie Farm RIO,Pearland,Tx. Al:said hear*, all interested parties shall haw the rot and,opponunily 10 appear and be heard on the st (!ct For additional intonation please conlar1 the Commonly Development Department at 41-n5?...17Q5. Palriok Bauer Planner I Page 7 of 9 Ord. No. 2000M-225 Exhibit D Planning and Zoning Commission Recommendation Letter % NN / .. '.,A IF) i ¢ X A $ :. 1111111111111111 OM 100111111 Planning & Zollillg Recommendation Letter March 22, 2022 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Zone Change Application No. ZONE 22-03 Honorable Mayor and City Council Members: At their regular meeting on March 21, 2022, the Planning and Zoning Commission considered the following: Request: William Wiatrak, applicant, on behalf of Barbara Young, owner, for approval of a zone change from the Light Industrial (M-1) District to the General Business (GB) District, on approximately 0.2870 acres of land. General Location: 3909 Second Street, Pearland, TX. At their regular meeting, the Commission conducted a public hearing for the proposed zone change request. The applicant was present during the meeting and made a presentation discussing their desire to convert the exiting metal building into an event/recreation center. There were ten citizens at the meeting to voice their concern and generally discussed several topics including a similar use being conducted by the applicant at previous residential property, parking, broad and vague description of the applicants desired uses, policing activity, the industrial uses should be developed in industrial zones, and the ability of the property to park 50 attendees at an event. The Commission generally discussed the short-term rental use at the previous residential property, the criteria for a zone change, the expansion of the outdoor area without occupancy or permit application, and parking. After lengthy discussion, the Commission made a motion to approve the requested zone change from M-1 to GB and the motion failed by a vote of 0-7. This constitutes a negative recommendation, and a supermajority vote will be required by Council to approve the requested zone change. Page 8 of 9 Ord. No. 2000M-225 Sincerely, .. µ Martin Griggs, AICP, CNU-A, Planning Manager On behalf of the Planning and Zoning Commission Page 9 of 9 Ord. No. 2000M-225