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HomeMy WebLinkAboutOrd. 2000M-283 20260608 Ordinance No. 2000M-283 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; Tract 1: 5.8927 acres (256,685 square feet) of land, being the northerly 4.663 acres of Lot 1, Block 1 of Welcome Kirby Subdivision, according to the map or plat thereof recorded in Film Code No. 706729 H.C.M.R. and all of that certain called 1.2464-acre tract recorded under H.C.C.F. No. RP-2025-134343 and located in the James Hamilton Survey, Abstract No. 876, Harris County Texas. Tract 2: 1.6962 acres (73,887 square feet) of land being a portion of Lot 60 1/2, Block F of the Allison Richey Gulf Coast Home Subdivision, according to the map or plat thereof recorded in Volume 3, Page 40 H.C.M.R. and being a part of Tracts 60 ½ B & C per deed recorded under H.C.C.F. No. RP2025 - 295631, part of that called 100’ x 192’ tract recorded under H.C.C.F. No. RP - 2020-625856 and part of that called 43,392 square foot tract recorded under R941109 and located in the James Hamilton Survey, Abstract No. 876, Harris County Texas. Tract 3: 1.5541 acres (60,887 square feet) of land being a portion of Lot 59 ½, Block F of the Allison Richey Gulf Coast Home Subdivision, according to the map or plat thereof recorded in Volume 3, Page 40 H.C.M.R. and being all of that certain called 1.5541-acre tract recorded under H.C.C.F. No. RP-2024-176646 and located in the James Hamilton Survey, Abstract No. 876, Harris County Texas (located 1402 Kirby Road, 1123, 1127 & 1414 Fruge Road, 14933 & 15041 Hooper Road, Pearland, Texas). Zone Change Application No. ZON2026-0143, a request by Mohammad Darwish, Monumental Engineering Services, applicant, on behalf of Welcome Real Estate Services, LLC., and Belinda Bockel Trusty, owners, for approval of a zone change from Spectrum-3 (S-3) District and Spectrum-4 (S-4) District to Planned Development (PD) District, incorporating approximately 9.143 acres of land into the existing LNR Clear Creek Planned Development ; providing for an amendment of the zoning district map; containing a savings clause, and an effective date and other provisions related to the subject. WHEREAS, Mohammad Darwish, Monumental Engineering Services, applicant, on behalf of Welcome Real Estate Services, LLC., and Belinda Bockel Trusty, owners , requests approval of a zone change from Spectrum-3 (S-3) District and Spectrum-4 (S- 4) District to Planned Development (PD) District, incorporating approximately 9.143 acres of land into the existing LNR Clear Creek Planned Development; said property being legally described in the legal description attached hereto and made a part hereof Docusign Envelope ID: 570B8BEB-8DED-8CAD-8299-7F0E71273756 Page 2 of 10 Ord. No. 2000M-283 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 4th day of May, 2026, 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 Planned Development, 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 4th day of May, 2026; and WHEREAS, on the 18th day of May, 2026, 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 of the zone change from Spectrum-3 (S-3) District and Spectrum-4 (S-4) District to Planned Development (PD) District, incorporating approximately 9.143 acres of land into the existing LNR Clear Creek Planned Development attached hereto and made a part hereof for all purposes as Exhibit “E”, presented which, in the judgment of the City Council, would justify the Docusign Envelope ID: 570B8BEB-8DED-8CAD-8299-7F0E71273756 Page 3 of 10 Ord. No. 2000M-283 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 zoned Spectrum-3 (S-3) District and Spectrum-4 (S-4), is hereby granted approval for a zone change to Planned Development, 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: Tract 1: 5.8927 acres (256,685 square feet) of land, being the northerly 4.663 acres of Lot 1, Block 1 of Welcome Kirby Subdivision, according to the map or plat thereof recorded in Film Code No. 706729 H.C.M.R. and all of that certain called 1.2464-acre tract recorded under H.C.C.F. No. RP- 2025-134343 and located in the James Hamilton Survey, Abstract No. 876, Harris County Texas. Tract 2: 1.6962 acres (73,887 square feet) of land being a portion of Lot 60 1/2, Block F of the Allison Richey Gulf Coast Home Subdivision, according to the map or plat thereof recorded in Volume 3, Page 40 H.C.M.R. and being a part of Tracts 60 ½ B & C per deed recorded under H.C.C.F. No. RP2025-295631, part of that called 100’ x 192’ tract recorded under H.C.C.F. No. RP-2020-625856 and part of that called 43,392 square foot tract recorded under R941109 and located in the James Hamilton Survey, Abstract No. 876, Harris County Texas. Tract 3: 1.5541 acres (60,887 square feet) of land being a portion of Lot 59 ½, Block F of the Allison Richey Gulf Coast Home Subdivision, according to the map or plat thereof recorded in Volume 3, Page 40 H.C.M.R. and being all of that certain called 1.5541-acre tract recorded under H.C.C.F. No. RP-2024-176646 and located in the James Hamilton Survey, Abstract No. 876, Harris County Texas. General Location: 1402 Kirby Road, 1123, 1127 & 1414 Fruge Road, 14933 & 15041 Hooper Road, 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 Docusign Envelope ID: 570B8BEB-8DED-8CAD-8299-7F0E71273756 Page 4 of 10 Ord. No. 2000M-283 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 zone change 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 18th day of May 2026. ________________________ QUENTIN WILTZ MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY Docusign Envelope ID: 570B8BEB-8DED-8CAD-8299-7F0E71273756 Page 5 of 10 Ord. No. 2000M-283 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8th day of June 2026. ________________________ QUENTIN WILTZ MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ LAWRENCE G. PROVINS CITY ATTORNEY Docusign Envelope ID: 570B8BEB-8DED-8CAD-8299-7F0E71273756 Page 6 of 10 Ord. No. 2000M-283 Exhibit “A” Legal Description Tract 1: 5.8927 acres (256,685 square feet) of land, being the northerly 4.663 acres of Lot 1, Block 1 of Welcome Kirby Subdivision, according to the map or plat thereof recorded in Film Code No. 706729 H.C.M.R. and all of that certain called 1.2464 -acre tract recorded under H.C.C.F. No. RP-2025-134343 and located in the James Hamilton Survey, Abstract No. 876, Harris County Texas. Tract 2: 1.6962 acres (73,887 square feet) of land being a portion of Lot 60 1/2, Block F of the Allison Richey Gulf Coast Home Subdivision, according to the map or plat thereof recorded in Volume 3, Page 40 H.C.M.R. and being a part of Tracts 60 ½ B & C per deed recorded under H.C.C.F. No. RP2025-295631, part of that called 100’ x 192’ tract recorded under H.C.C.F. No. RP - 2020-625856 and part of that called 43,392 square foot tract recorded under R941109 and located in the James Hamilton Survey, Abstract No. 876, Harris County Texas. Tract 3: 1.5541 acres (60,887 square feet) of land being a portion of Lot 59 ½, Block F of the Allison Richey Gulf Coast Home Subdivision, according to the map or plat thereof recorded in Volume 3, Page 40 H.C.M.R. and being all of that certain called 1.5541-acre tract recorded under H.C.C.F. No. RP-2024-176646 and located in the James Hamilton Survey, Abstract No. 876, Harris County Texas. Docusign Envelope ID: 570B8BEB-8DED-8CAD-8299-7F0E71273756 Page 7 of 10 Ord. No. 2000M-283 Exhibit “B” Vicinity Map Docusign Envelope ID: 570B8BEB-8DED-8CAD-8299-7F0E71273756 Page 8 of 10 Ord. No. 2000M-283 Exhibit “C” Legal Advertisement Docusign Envelope ID: 570B8BEB-8DED-8CAD-8299-7F0E71273756 Page 9 of 10 Ord. No. 2000M-283 Exhibit D Planning and Zoning Commission Recommendation Letter Recommendation Letter May 5, 2026 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Zone Change Application No. ZON2026-0143 Honorable Mayor and City Council Members: At their regular meeting on May 4, 2026, the Planning and Zoning Commission considered the following request: Public Hearing: A request by Mohammad Darwish, Monumental Engineering Services, applicant, on behalf of Welcome Real Estate Services, LLC., and Belinda Bockel Trusty, owners, for approval of a zone change from Spectrum -3 (S-3) District and Spectrum-4 (S-4) District to Planned Development (PD) District, incorporating approximately 9.143 acres of land into the existing LNR Clear Creek Planned Development, to wit: Legal Description: Tract 1: 5.8927 acres (256,685 square feet) of land, being the northerly 4.663 acres of Lot 1, Block 1 of Welcome Kirby Subdivision, according to the map or plat thereof recorded in Film Code No. 706729 H.C.M.R. and all of that certain called 1.2464-acre tract recorded under H.C.C.F. No. RP -2025-134343 and located in the James Hamilton Survey, Abstract No. 876, Harris County Texas. Tract 2: 1.6962 acres (73,887 square feet) of land being a portion of Lot 60 1/2, Block F of the Allison Richey Gulf Coast Home Subdivision, according to the map or plat thereof recorded in Volume 3, Page 40 H.C.M.R. and being a part of Tracts 60 ½ B & C per deed recorded under H.C.C.F. No. RP2025-295631, part of that called 100’ x 192’ tract recorded under H.C.C.F. No. RP-2020-625856 and part of that called 43,392 square foot tract recorded under R941109 and located in the James Hamilton Survey, Abstract No. 876, Harris County Texas. Tract 3: 1.5541 acres (60,887 square feet) of land being a portion of Lot 59 ½, Block F of the Allison Richey Gulf Coast Home Subdivision, according to the map or plat thereof recorded in Volume 3, Page 40 H.C.M.R. and being all of that certain called 1.5541-acre tract recorded under H.C.C.F. No. RP -2024-176646 and located in the James Hamilton Survey, Abstract No. 876, Harris County Texas. Docusign Envelope ID: 570B8BEB-8DED-8CAD-8299-7F0E71273756 Page 10 of 10 Ord. No. 2000M-283 General Location: 1402 Kirby Road, 1123, 1127 & 1414 Fruge Road, 14933 & 15041 Hooper Road, Pearland, Texas. The Planning and Zoning Commission conducted a public hearing for the proposed zone change at their regular meeting on May 4, 2026. The applicant was present and available to answer any questions. There was no public comment from the public. The Commission discussed timing of roadway improvements and utilities for the area. After discussion, the Commission took a motion to recommend approval of the proposed zone change and the motion passed by a vote of 6-0. The vote by the Commission constitutes a positive recommendation for Council approval. Sincerely, Katya Copeland, AICP Assistant Director of Planning, Community Development On behalf of the Planning and Zoning Commission Docusign Envelope ID: 570B8BEB-8DED-8CAD-8299-7F0E71273756 Planned Development Addendum 15003 Hooper Road a. Introduction This addendum pertains to 9.143 acres of land located toward the north and south of the land previously added to the PD with Ordinance 2000M-246. This request is to change the zoning of those parcels of land from Spectrum District 3, S3 & Spectrum District 4, S4 and add them into the existing Planned Unit Development. The LNR PUD was approved in June 2004 under ordinance 509-718. There have been two amendments since its original approval. The First in January 2017 under 2000M-154 which amended certain uses to assure consistency of applied regulations across the city. The Second in June 2019 under ordinance 2000M-185 for the annexation of 19.5 acres into the PD. The third amendment in August 2022, under ordinance 2000M-231 for the annexation of 8.834 acres into the PD. The fourth amendment in February 2023, under ordinance 2000M-246 for the annexation of 16.926 acres into the PD. This addendum would carry forward those regulations. Description of the subject property The original LNR PUD was approximately 144 acres located south of Beltway 8 along Kirby Drive. The PUD has been developed with several large facilities including; Lonza Biologics Inc., Mitsubishi Heavy Industries Compressor International Corporation, C.S.I. Cardiovascular Systems Inc., ToolFlo, Rex Supply, and Endress Hauser. Description of proposed development The proposed development will consist of similar facilities and uses as allowed within the LNR – Planned Unit Development. The primary use will be for speculative office/warehouse. the subject land will be developed in conjunction with the previously annexed 16.926 acres, and the design regulations will remain consistent with the previously approved addendum. Describe the area The property being added to the PUD is approximately 9.143 acres of land which partially lies below 14923 Hooper Drive & 15003 Hooper Drive. This is located between Hooper Road and Kirby Drive, along the northwestern side of the Kirby Drive and Fruge Road intersection. Purpose statement The purpose of this addendum is to add the land within District “C”, the “Mixed-Use Industrial District”, of the Planned Unit Development. The development will adhere to the same criteria as the other tracts in the “Mixed-Use Industrial District”. Comprehensive Plan The amendment is consistent with the comprehensive plan and goals of the Lower Kirby District in the Future Land Use Plan. Applicability The applicability analysis from the original PD remains valid and unchanged. B. Zoning and Land Use Existing Zoning The property is currently Spectrum District 3, S3 & Spectrum District 4, S4. Base zoning The base zoning will be District “C” of the LNR PUD. General standards The development will adhere to the standards with no changes. Permitted, conditional, and accessory uses authorized in the district The development will maintain the same list of permitted and conditional uses as previously approved for District “C”. C. Design Standards Public Right of Way Design Guidelines 1. Hooper Rd shall be added to the current Four Primary Streetscape/Street Settings within the PD, which will be as follows: 1. Kirby Drive Streetscape 2. Spectrum Drive Streetscape 3. Beltway 8 Streetscape 4. Collector Streetscape 5. Streets within Subdivided Quadrants 6. Hooper Road Streetscape 2. All the design requirements of Kirby Drive Streetscape in the original PD shall apply to Hooper Road Streetscape by this amendment. 3. All the design requirements of Beltway 8 Streetscape in the original PD, including landscape setback, utility easements, lighting, landscaping, tree preservation and grading shall apply to the subject property with this amendment. Signage, landscaping, fencing, parking, screening, trees, etc. No changes from the original PUD. List the deviations from the standards of the base zoning district There are no changes from the original PUD. Required dedications of land or public improvements The required dedications of land will be handled during platting. Phasing schedule There is no phasing schedule proposed for this development. Exhibits There are no additional exhibits.