Ord. 2000M-221 2021-12-13
Ordinance No. 2000M-221
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 a 5.9136-
acre tract of land out a called 9.29-acre tract of land out of the south one-half
of Lot 30 of the Allison Richey Gulf Coast Home Company Subdivision of
Section 21, H.T. & B.R.R. Co. Survey, Abstract 309, Brazoria County,
Texas (located at 8335 Fite Road, Pearland, TX). Zone Change Application
No. ZONE 21-00020, a request by Monica Fontenot-Poindexter, Chesterfield
Development Services, applicant, on behalf of Freeman T. & Ollie A. Wyche
II, owner, for approval of a zone change from the General Business (GB)
District to the Single-family Residential-1 (R-1) District, on approximately
5.9136 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, Monica Fontenot-Poindexter, Chesterfield Development Services,
applicant, on behalf of Freeman T. & Ollie A. Wyche II, o wner, is requesting approval of
a zone change from the General Business (GB) District to the Single-family Residential-
1 (R-1) District, on approximately 5.9136 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 15th day of November 2021, 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 adver tised in the
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Page 2 of 8
Ord. No. 2000M-221
premises, submitted its report and recommendation to the City Council regarding the
proposed change in zoning classification from the General Business (GB) District to the
Single-family Residential-1 (R-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 18th day of October
2021; and
WHEREAS, on the 6th day of December, 2021, 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 General Business (GB) District to the Single-
family Residential-1 (R-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 General
Business (GB) District, is hereby granted approval for change in zoning classification
from the General Business (GB) District to the Single-family Residential-1 (R-1) 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:
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Page 3 of 8
Ord. No. 2000M-221
Legal Description: 5.9136-acre tract of land out a called 9.29-acre tract of land
out of the south one-half of Lot 30 of the Allison Richey Gulf Coast Home
Company Subdivision of Section 21, H.T. & B.R.R. Co. Survey, Abstract 309,
Brazoria County, Texas.
General Location: 8335 Fite Road, 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.
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Page 4 of 8
Ord. No. 2000M-221
PASSED, APPROVED, and ADOPTED on First Reading this 6th day of
December 2021.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th
day of December 2021.
________________________
J.KEVIN COLE
MAYOR
ATTEST:
_____________________________
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
_____________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Page 5 of 8
Ord. No. 2000M-221
Exhibit A
Legal Description
5.9136-acre tract of land out a called 9.29-acre tract of land out of the south one-half of
Lot 30 of the Allison Richey Gulf Coast Home Company Subdivision of Section 21, H.T .
& B.R.R. Co. Survey, Abstract 309, Brazoria County, Texas.
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Page 6 of 8
Ord. No. 2000M-221
Exhibit B
Vicinity Map
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Page 7 of 8
Ord. No. 2000M-221
Exhibit C
Legal Ad vertisement
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Page 8 of 8
Ord. No. 2000M-221
Exhibit D
Planning and Zoning Commission Recommendation Letter
Recommendation Letter
November 16, 2021
Honorable Ma yor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 21-00020
Honorable Mayor and City Council Members:
At their regular meeting on November 15, 2021, the Planning and Zoning Commission
considered the following:
Request: Monica Fontenot-Poindexter, Chesterfield Development Services, applicant,
on behalf of Freeman T. & Ollie A. Wyche II, owner, for approval of a zone change from
the General Business (GB) District to the Single-family Residential-1 (R-1) District, on
approximately 5.9136 acres of land.
General Location: 8335 Fite Road, Pearland, TX.
The Commission conducted a public hearing for the proposed zone change request. The
applicant was present during the meeting and made a presentation on their proposed
development. After discussion, the Commission took a vote on the motion to recommend
approval of the request and the motion was passed by a vote of 5-0.
Sincerely,
Martin Griggs, AICP, CNU-A,
Planning Manager
On behalf of the Planning and Zoning Commission
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78