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. No. 2000M-225
Exhibit B
Vicinity Map
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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
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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