HomeMy WebLinkAboutOrd. 2000M-268 20250324 - FailedOrdinance No. 2000M-268
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 Lot 1, Block
1, Mission Park, a subdivision of 6.6445 acres of land in the City of Pearland,
Texas, according to the map or plat recorded in County Clerk’s File No.
2020060324 in the Plat Records of Brazoria County, Texas (located at 2849
Cullen Parkway, Pearland, Texas). Zone Change Application No. ZONE
24-20, a request by Faraz Hamani, applicant, on behalf of Mission Park
Pearland LP, represented by Terry Ward, owner, for approval of a zone
change from General Business (GB) District to General Commercial
(GC) District; 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, Faraz Hemani, the applicant, on behalf of Mission Park Pearland
LP, represented by Terry Ward, owner, requests approval of a zone change for 6.6445
acres of land from General Business (GB) to General Commercial (GC) District; 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 3rd day of March, 2025, 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 zone change for 6.6445 acres of land from General Business (GB) District to
Failed on March 24, 2025
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General Commercial (GC) 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 3rd day of March,
2025; and
WHEREAS, on the 24th day of March, 2025, 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 zone change
for 6.6445 acres of land from General Business (GB) District to General Commercial
(GC) 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, is hereby granted approval for the zone change
for 6.6445 acres of land from General Business (GB) District to General Commercial
(GC) 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: Lot 1, Block 1, Mission Park, a subdivision of 6.6445 acres of
land in the City of Pearland, Texas, according to the map or plat recorded in
County Clerk’s File No. 2020060324 in the Plat Records of Brazoria County,
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Texas.
General Location: 2849 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 24th day of March 2025.
________________________
J. KEVIN COLE
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Ord. No. 2000M-268
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14th
day of April 2025.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
_____________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
_____________________________
DARRIN M. COKER
CITY ATTORNEY
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Ord. No. 2000M-268
Exhibit “A”
Legal Description
Lot 1, Block 1, Mission Park, a subdivision of 6.6445 acres of land in the City of
Pearland, Texas, according to the map or plat recorded in County Clerk’s File No.
2020060324 in the Plat Records of Brazoria County, Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Legal Advertisement
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Exhibit D
Planning and Zoning Commission Recommendation Letter
Recommendation Letter
March 24, 2025
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZON25-0001
Honorable Mayor and City Council Members:
At their regular meeting on March 3, 2025 the Planning and Zoning Commission considered the
following request:
Public Hearing: A request by Faraz Hemani, applicant, on behalf of Mission Park
Pearland LP, represented by Terry Ward, owner, for approval of a zone change for
6.6445 acres of land from General Business (GB) District to General Commercial (GC)
District, to wit:
Legal Description: Lot 1, Block 1, Mission Park, a subdivision of 6.6445 acres of land in
the City of Pearland, Texas, according to the map or plat recorded in County Clerk’s File
No. 2020060324 in the Plat Records of Brazoria County, Texas.
General Location: 2849 Cullen Parkway, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on March 3, 2025. The applicant was present at the
meeting and was available to answer questions. There was public comment from the adjacent
property owner who voiced interest in the project, indicating that they were in favor of the project
moving forward and would continue to watch for public meetings to ensure the site developed in
a way sensitive to their existing residence, as had been discussed with them. The commission
discussed the different uses permitted within the General Business (GB) District versus the
General Commercial (GC) District and concerns with other uses beyond the requested use.
After discussion, the Commission took a motion to recommend approval of the requested zone
change of GC and the motion passed by a vote of 5-0. The vote by the Commission constitutes
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recommendation of approval by City Council.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission