Ord. 2000M-234 2022-10-24
Ordinance No. 2000M-234
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 the West
one-half (W ½) of Lot or Tract No. 11 of the Allison Richey Gulf Coast Home
Company Subdivision of Section No. 25, situated in the H.T. & B. R. R.
Company Survey, Abstract No. 245, Brazoria County, Texas, according to
the Map of Record in Volume 2, Page 10, Plat Records of Brazoria County,
Texas (located at 5806 Bailey Road, Pearland, Texas). Zone Change
Application No. ZONE 22-14, a request by the Director of Community
Development of the City of Pearland for approval of a permanent zone
classification of Suburban Residential-15 (SR-15) District for a newly
annexed tract 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, the Director of Community Development of the City of Pearland, is
requesting approval of a permanent zoning classification of Suburban Residential-15
(SR-15) District for a newly annexed tract of land totaling approximately 7.7335 acres;
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 19th of September 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 permanent zoning classification of Suburban Residential-15 (SR-15) District
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Ord. No. 2000M-234
for a newly annexed land totaling approximately 7.7335 acres, 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 19th day of September
2022; and
WHEREAS, on the 10th day of October, 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 permanent
zoning classification of Suburban Residential-15 (SR-15) District for a newly annexed
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 interim
Suburban Development (SD) District, is hereby granted approval for permanent zoning
classification of Suburban Residential-15 (SR-15) 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: The West one-half (W ½) of Lot or Tract No. 11 of the Allison
Richey Gulf Coast Home Company Subdivision of Section No. 25, situated in the
H.T. & B. R. R. Company Survey, Abstract No. 245, Brazoria County, Texas,
according to the Map of Record in Volume 2, Page 10, Plat Records of Brazoria
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Ord. No. 2000M-234
County, Texas.
General Location: 5806 Bailey Road, 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 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-234
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of October 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of October 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-234
Exhibit A
Legal Description
The West one-half (W ½) of Lot or Tract No. 11 of the Allison Richey Gulf Coast Home
Company Subdivision of Section No. 25, situated in the H.T. & B. R. R. Company
Survey, Abstract No. 245, Brazoria County, Texas, according to the Map of Record in
Volume 2, Page 10, Plat 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
September 20, 2022
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 22-14
Honorable Mayor and City Council Members:
At their regular meeting on September 19, 2022, the Planning and Zoning Commission
considered the following request:
Request: Director of Community Development of the City of Pearland for approval of a
permanent zone classification of Suburban Residential-15 (SR-15) District for a newly
annexed tract of land totaling approximately 7.7335 acres.
Legal Description: The West one-half (W ½) of Lot or Tract No. 11 of the Allison Richey
Gulf Coast Home Company Subdivision of Section No. 25, situated in the H.T. & B. R. R.
Company Survey, Abstract No. 245, Brazoria County, Texas, according to the Map of
Record in Volume 2, Page 10, Plat Records of Brazoria County, Texas.
General Location: 5806 Bailey Road, Pearland, Texas.
The Commission conducted a public hearing the subject request at their regular meeting on
September 19. Staff presented the report and recommendation for approval. The Commission
discussed the annexation process and the surrounding developments. After discussion, the
Commission took a vote, the motion to approve the requested zoning assignment of SR-15 was
approved by a vote of 6-0.
Sincerely,
Mohamed A. Bireima, AICP, Senior Planner
On behalf of the Planning and Zoning Commission
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