Ord. 2000M-233 2022-09-26
Ordinance No. 2000M-233
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 5.3499-
acre tract of land out of a 37.948-acre tract out of the southeast one-quarter
of Section 13, HT. & B.R.R. Co. Survey, Abstract 240, Brazoria County,
being the same land described in a deed recorded in Volume 1261, Page
725 of the Deed Records of Brazoria County, Texas (located east of
Hatfield Road, south of Fite Road). Zone Change Application No. ZONE
22-19, a request by Anthony Spriggins, applicant, and owner, for approval of
a zone change for approximately 5.3499 acres of land from General
Business (GB) District to Single-Family Residential-4 (R-4) 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, Anthony Spriggins, applicant, and owner, is requesting approval of a
zone change from General Business (GB) District to Single-Family Residential-4 (R-4)
District, on approximately 5.3499 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 of August 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 General Business (GB) District to Single-
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Ord. No. 2000M-233
Family Residential-4 (R-4) District, on approximately 5.3499 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 15th day of August
2022; and
WHEREAS, on the 12th day of September, 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 General Business (GB) District to Single-Family
Residential-4 (R-4) 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 to
Single-Family Residential-4 (R-4) 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 5.3499-acre tract of land out of a 37.948-acre tract out of
the southeast one-quarter of Section 13, HT. & B.R.R. Co. Survey, Abstract 240,
Brazoria County, being the same land described in a deed recorded in Volume
1261, Page 725 of the Deed Records of Brazoria County, Texas.
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General Location: East Side of Hatfield Road, South of Fite Road
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.
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Ord. No. 2000M-233
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of September
2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th
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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Ord. No. 2000M-233
Exhibit A
Legal Description
A 5.3499-acre tract of land out of a 37.948-acre tract out of the southeast one-quarter of
Section 13, HT. & B.R.R. Co. Survey, Abstract 240, Brazoria County, being the same
land described in a deed recorded in Volume 1261, Page 725 of the Deed Records of
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
August 30, 2022
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 22-19
Honorable Mayor and City Council Members:
At their regular meeting on August 15, 2022, the Planning and Zoning Commission considered
the following request:
Request: Anthony Spriggins, applicant, and owner, for approval of a zone change for
approximately 5.3499 acres of land from General Business (GB) District to Single-Family
Residential-4 (R-4) District.
Legal Description: A 5.3499-acre tract of land out of a 37.948-acre tract out of the
southeast one-quarter of Section 13, HT. & B.R.R. Co. Survey, Abstract 240, Brazoria
County, being the same land described in a deed recorded in Volume 1261, Page 725 of
the Deed Records of Brazoria County, Texas.
General Location: East Side of Hatfield Road, South of Fite Road
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request. The applicant presented the case and their desire to revert the property back to
residential zoning to build new houses on the land. There were no speakers from the public for
or against the request. After discussion, a motion to approve the requested zone change from
GB to R-4 was unanimously approved by a vote of 5-0.
Sincerely,
Mohamed A. Bireima, AICP, Senior Planner
On behalf of the Planning and Zoning Commission
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