Ord. 2000M-230 2022-09-12
Ordinance No. 2000M-230
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 9.747-acre
tract of land situated in the H.T. & B. R.R. Co. Survey, Abstract No. 243, City
of Pearland, Brazoria County, Texas, being a portion of a called 4.999 acre
tract of land described in an instrument to Allison Investments, Inc. recorded
under Brazoria County Clerks’ Fil No. 99057945, and a portion of a called
4.999 acre tract of land as described in an instrument to Allison Investments,
Inc. recorded under Brazoria county Clerk’s File No. 91896452, same as
being out of Lot 3, Section 19 of Allison-Richey Gulf Coast Home Company’s
Part of Suburban Gardens subdivision as recorded under Volume 2, Page 23
of the Brazoria County Map Records (located at 1855 Cullen Parkway,
Pearland, Texas). Zone Change Application No. ZONE 22-16, a request by
Nathan Do, applicant, on behalf of VNDO Holdings LLC, owner, for approval
of a zone change for approximately 9.747 acres of land from Cullen Mixed
Use (C-MU) District to General Commercial (GC); 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, Nathan Do, applicant, on behalf of VNDO Holdings LLC, owner, is
requesting approval of a zone change from Cullen Mixed Use (C-MU) District to General
Commercial (GC), on approximately 9.747 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
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Ord. No. 2000M-230
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 Cullen Mixed Use (C-MU) District to
General Commercial (GC), on approximately 9.747 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 Cullen Mixed Use (C-MU) District to General Commercial
(GC), on approximately 9.747 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 Cullen
Mixed Use (C-MU) 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
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Ord. No. 2000M-230
by the City Council; and such property being more particularly described as:
Legal Description: Being a 9.747-acre tract of land situated in the H.T. & B.
R.R. Co. Survey, Abstract No. 243, City of Pearland, Brazoria County, Texas,
being a portion of a called 4.999 acre tract of land described in an instrument to
Allison Investments, Inc. recorded under Brazoria County Clerks’ Fil No.
99057945, and a portion of a called 4.999 acre tract of land as described in an
instrument to Allison Investments, Inc. recorded under Brazoria county Clerk’s
File No. 91896452, same as being out of Lot 3, Section 19 of Allison-Richey Gulf
Coast Home Company’s Part of Suburban Gardens subdivision as recorded
under Volume 2, Page 23 of the Brazoria County Map Records.
General Location: 1855 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 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
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Ord. No. 2000M-230
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-230
PASSED, APPROVED, and ADOPTED on First Reading this 22nd 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
Being a 9.747-acre tract of land situated in the H.T. & B. R.R. Co. Survey, Abstract No.
243, City of Pearland, Brazoria County, Texas, being a portion of a called 4.999 acre
tract of land described in an instrument to Allison Investments, Inc. recorded under
Brazoria County Clerks’ Fil No. 99057945, and a portion of a called 4.999 acre tract of
land as described in an instrument to Allison Investments, Inc. recorded under Brazoria
county Clerk’s File No. 91896452, same as being out of Lot 3, Section 19 of Allison-
Richey Gulf Coast Home Company’s Part of Suburban Gardens subdivision as
recorded under Volume 2, Page 23 of the Brazoria County Map Records.
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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 22-16
Honorable Mayor and City Council Members:
At their regular meeting on July 18, 2022, the Planning and Zoning Commission considered the
following request:
Request: Nathan Do, applicant, on behalf of VNDO Holdings LLC, owner, for approval
of a zone change for approximately 9.747 acres of land from Cullen Mixed Use (C-MU)
District to General Commercial (GC).
Legal Description: Being a 9.747-acre tract of land situated in the H.T. & B. R.R. Co.
Survey, Abstract No. 243, City of Pearland, Brazoria County, Texas, being a portion of a
called 4.999 acre tract of land described in an instrument to Allison Investments, Inc.
recorded under Brazoria County Clerks’ Fil No. 99057945, and a portion of a called
4.999 acre tract of land as described in an instrument to Allison Investments, Inc.
recorded under Brazoria county Clerk’s File No. 91896452, same as being out of Lot 3,
Section 19 of Allison-Richey Gulf Coast Home Company’s Part of Suburban Gardens
subdivision as recorded under Volume 2, Page 23 of the Brazoria County Map Records.
General Location: 1855 Cullen Parkway, Pearland, Texas.
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 aga inst residentially classified land. After
discussion, the Commission took a vote, the motion to approve the requested zone change from
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M-2 to GC was approved by a vote of 3-1, with Dansby voting in opposition.
Sincerely,
Martin Griggs, AICP, CNU-A
Planning Manager
On behalf of the Planning and Zoning Commission
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