Ord. 1517-5 2022-04-11
ORDINANCE NO. 1517-5
An ordinance of the City Council of the City of Pearland, Texas,
approval of an amendment to the City of Pearland Future Land Use
Plan to change the land use designation of several tracts of land
totaling approximately 110.127 acres from Light Industrial to Medium-
Density Residential to accommodate a proposed Planned Development
(PD) District; having a savings clause, a severability clause, and a
repealer clause; providing for codification and an effective date.
WHEREAS, Texas Local Government Code Section 211.004 requires a
municipality desiring to regulate the use of land within its corporate limits to adopt a
Comprehensive Plan for future development; and
WHEREAS, on September 21, 2015, the City Council adopted a Comprehensive
Plan setting goals, objectives, policies, and criteria for Pearland’s physical growth,
including the adoption of a Future Land Use Plan; and
WHEREAS, accommodating anticipated growth while preserving a sense of
community is critical to the City’s proper development; and
WHEREAS, on March 7, 2022, a Public Hearing was held before the Planning
and Zoning Commission of the City of Pearland, Texas, notice being given by
publication in the official newspaper of the City; and
WHEREAS, the Planning and Zoning Commission of the City has submitted its
report and recommendation to the City Council regarding the proposed amendment to
the Future Land Use Plan, whereby the Commission recommended to approval the
amendment to the Future Land Use Plan, said recommendation attached hereto and
made a part hereof for all purposes as Exhibit “A” 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 regular meetings on March 28, 2022; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
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Section 1. That City Council hereby amends Future Land Use Plan portion of
the City’s Comprehensive Plan, attached hereto as Exhibit “B,” as a guide for
accommodating anticipated growth while preserving a sense of community in Pearland.
Section 2. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable 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 4. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City’s
official Code of Ordinances as provided hereinabove.
Section 6. Effective Date. The Ordinance shall become effective immediately
upon its passage and approval on first reading.
PASSED and APPROVED ON FIRST READING this the 28th day of March 28, 2022.
__________________________
J. KEVIN COLE
MAYOR
ATTEST:
____________________________
LESLIE CRITTENDEN
CITY SECRETARY
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11th day of
April 2022.
________________________
J.KEVIN COLE
MAYOR
ATTEST:
_____________________________
LESLIE CRITTENDEN
CITY SECRETARY
APPROVED AS TO FORM:
____________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit A
Planning and Zoning Commission Recommendation Letter
Recommendation Letter
March 8, 2022
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
RE: Recommendation on amendment to the Future Land Use Plan
Honorable Mayor and City Council Members:
At their regular meeting on March 7, 2022, the Planning and Zoning Commission considered the
following:
A request by Katy Harris, LJA Engineering, Inc, applicant, on behalf of Melissa Burns &
Jud’s Food Stores, Inc., owners, for approval of amendment to the Land Use Plan (LUP)
to accommodate a proposed Planned Development (PD) District for residential
development on several tracts of land totaling approximately 110.127 acres.
General Location: The subject property is bounded by the railroad tracks on the west
and by Main Street (State Highway 35) on the east and divided by Bailey Road
The Commission conducted a public hearing for the proposed Future Land Use Plan
Amendment. This is a proposal to remove the industrial classification of the land and change to
residential. After hearing discussion from the applicant, the P&Z voted to approve the
amendment 3-2 with Chair Fuertes recusing himself from discussion.
Sincerely,
Martin Griggs, AICP, CNU-A Planning Manager
On behalf of the Planning and Zoning Commission
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