Ord. 2000M-236 2022-10-24
Ordinance No. 2000M-236
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 62.39
acres tract of land situated in the H.T. & B.R.R. Company Survey, Section
No. 28, Abstract No. 551, Brazoria County, Texas, and being all of a called
31.628 acre tract of land described as Tract 1 in General Warranty Deed to
Triangle 31 Properties as recorded in No. 2007017677 of the Official public
Records of Brazoria County, Texas, and being all of Lots 161, 163, 164 and
175 of the Zychlinksi Subdivision as recorded in Volume 29, Page 9 of the
Brazoria County Deed, and being all of a called 30.84-acre tract of land
described in Correction Special Warranty Deed to Triangle 31 Properties as
recorded in Instrument No. 2020070090 of the Official Public Records of
Brazoria County, Texas (located at 3900 Block of Pearland Parkway,
Pearland, Texas). Zone Change Application No. ZONE 22-20, a request by
request by Justin Barnett, applicant, on behalf of Triangle 31 Properties LLC,
owner, for approval of reinstatement and amendments of the French Quarter
Planned Development, on approximately 62.39 acres 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, Justin Barnett, applicant, on behalf of Triangle 31 Properties LLC,
owner, is requesting approval for reinstatement and amendments of the French Quarter
Planned Development, on approximately 62.39 acres of land; 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
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Ord. No. 2000M-236
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 reinstatement and amendments of the French Quarter Planned Development,
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 reinstatement and
amendments of the French Quarter Planned Development, said amendments attached
hereto and made a part hereof for all purposes as Exhibit “E”, 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 French
Quarter Planned Development District, is hereby granted approval for reinstatement and
amendments, in accordance with all conditions and requirements of the current Unified
Development Code and the amendments approved by the City Council; and such
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property being more particularly described as:
Legal Description: 62.39 acres tract of land situated in the H.T. & B.R.R.
Company Survey, Section No. 28, Abstract No. 551, Brazoria County, Texas,
and being all of a called 31.628 acre tract of land described as Tract 1 in General
Warranty Deed to Triangle 31 Properties as recorded in No. 2007017677 of the
Official public Records of Brazoria County, Texas, and being all of Lots 161, 163,
164 and 175 of the Zychlinksi Subdivision as recorded in Volume 29, Page 9 of
the Brazoria County Deed, and being all of a called 30.84-acre tract of land
described in Correction Special Warranty Deed to Triangle 31 Properties as
recorded in Instrument No. 2020070090 of the Official Public Records of Brazoria
County, Texas.
General Location: 3900 Block of Pearland 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 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
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benefit of the City.
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
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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Exhibit A
Legal Description
62.39 acres tract of land situated in the H.T. & B.R.R. Company Survey, Section No. 28,
Abstract No. 551, Brazoria County, Texas, and being all of a called 31.628 acre tract of
land described as Tract 1 in General Warranty Deed to Triangle 31 Properties as
recorded in No. 2007017677 of the Official public Records of Brazoria County, Texas,
and being all of Lots 161, 163, 164 and 175 of the Zychlinksi Subdivision as recorded in
Volume 29, Page 9 of the Brazoria County Deed, and being all of a called 30.84-acre
tract of land described in Correction Special Warranty Deed to Triangle 31 Properties as
recorded in Instrument No. 2020070090 of the Official Public 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 22-20
Honorable Mayor and City Council Members:
At their regular meeting on September 19, 2022, the Planning and Zoning Commission
considered the following request:
Request: Justin Barnett, applicant, on behalf of Triangle 31 Properties LLC, owner, for
approval of an amendment of the French Quarter Planned Development, on
approximately 62.39 acres of land.
Legal Description: 62.39 acres tract of land situated in the H.T. & B.R.R. Company
Survey, Section No. 28, Abstract No. 551, Brazoria County, Texas, and being all of a
called 31.628 acre tract of land described as Tract 1 in General Warranty Deed to
Triangle 31 Properties as recorded in No. 2007017677 of the Official public Records of
Brazoria County, Texas, and being all of Lots 161, 163, 164 and 175 of the Zychlinksi
Subdivision as recorded in Volume 29, Page 9 of the Brazoria County Deed, and being
all of a called 30.84-acre tract of land described in Correction Special Warranty Deed to
Triangle 31 Properties as recorded in Instrument No. 2020070090 of the Official Public
Records of Brazoria County, Texas.
General Location: 3900 Block of Pearland Parkway, Pearland, Texas.
The Commission conducted a public hearing for the subject request at their regular meeting on
September 19. The applicant was available for the meeting and made a presentation discussing
their desire to allow development of the property. They stated that there was considerable
design work that had progressed with the Drainage District (BDD4) and other entities to
accommodate their concerns. Some points of discussion by the applicant were that the blocks
indicated with yellow on the design plan would be for sale fee title to homeowners. The
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Commission discussed the nearby waste service facility and the “age-in-place” concept. After
discussion, the Commission took a vote, the motion to approve the requested zone change to
amend and reinstate the French Quarter PD 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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