Ord. 2000M-229 2022-09-12
Ordinance No. 2000M-229
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 3.611-acre
tract (called) out of Lot 24 of Lot 24 of the Subdivision of Section 2, situated
in the A.C.H. & B. Survey, Abstract No. 507, Brazoria County,
Texas (located at the Southwest Quadrant of Main Street and Bailey
Road). Zone Change Application No. ZONE 22-12, a request by Mona
Miller, applicant, on behalf of Steven Ryan, owner, for approval of a zone
change for approximately 3.611 acres of land from Heavy Industrial (M-2)
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, Mona Miller, applicant, on behalf of Steven Ryan, owner, is
requesting approval of a zone change from Heavy Industrial (M-2) District to General
Commercial (GC) District, on approximately 3.611 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 18th of July 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 Heavy Industrial (M-2) District to General
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Commercial (GC) District, on approximately 3.611 acres of land, 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 July 2022;
and
WHEREAS, on the 8th day of August, 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 Heavy Industrial (M-2) District to General Commercial (GC)
District, on approximately 3.611 acres of land; 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 Heavy
Industrial (M-2) District, is hereby granted approval for change in zoning classification 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: A 3.611-acre tract (called) out of Lot 24 of Lot 24 of the
Subdivision of Section 2, situated in the A.C.H. & B. Survey, Abstract No. 507,
Brazoria County, Texas.
General Location: Southwest Quadrant of Main Street and Bailey Road.
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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 a nd 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.
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Ord. No. 2000M-229
PASSED, APPROVED, and ADOPTED on First Reading this 8th day of August 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th
day of September 2022.
________________________
J.KEVIN COLE
MAYOR
ATTEST:
_____________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
_____________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit A
Legal Description
A 3.611-acre tract (called) out of Lot 24 of Lot 24 of the Subdivision of Section 2,
situated in the A.C.H. & B. Survey, Abstract No. 507, 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
July 20, 2022
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 22-12
Honorable Mayor and City Council Members:
At their regular meeting on July 18, 2022, the Planning and Zoning Commission
considered the following request:
Request: A request by Mona Miller, applicant, on behalf of Steven Ryan, owner,
for approval of a zone change for approximately 3.611 acres of land from Heavy
Industrial (M-2) District to General Commercial (GC) District.
Legal Description: A 3.611-acre tract (called) out of Lot 24 of Lot 24 of the
Subdivision of Section 2, situated in the A.C.H. & B. Survey, Abstract No. 507,
Brazoria County, Texas.
General Location: Southwest Quadrant of Main Street and Bailey Road.
At their regular meeting on July 18, 2022, the Commission conducted a public hearing
for the proposed zone change request. The applicant was available for the meeting and
made a presentation discussing their desire to rezone the property to a more
appropriate zoning now that a residential classification is adjacent to their lot. The
Commission discussed that GC provided a lot of opportunity for different types of
development, removing industrial property from the cities inventory of land, and
appropriateness against residentially classified land. After discussion, the Commission
took a vote, the motion to approve the requested zone change from M-2 to GC was
approved by a vote of 3-1, with Dansby voting in opposition.
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Sincerely,
Martin Griggs, AICP, CNU-A
Planning Manager
On behalf of the Planning and Zoning Commission
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