Ord. 2000M-238 2022-11-07
Ordinance No. 2000M-238
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 15.80-acre
(687,895 square feet) tract of land, being known as Lot 22 and the called
East 6 acres of Lot 9, of the Allison-Richey Gulf Coast Homes Company
Subdivision of Section 7, H.T. & B. R. R. Survey, Abstract No. 219, Brazoria
County, Texas, according to the recorded map or plat thereof in Volume 2,
Page 23 of the Plat Records, Brazoria County, Texas (located at the
Northwest Quadrant of O’Day Road and the new McHard Road). Zone
Change Application No. ZONE 22-23, a request by Shiran Perera, applicant,
on behalf of TechPro Estates, LLC, owner, for approval of a zone change
from Garden/O’Day-Mixed Use (G/O-MU) District and Single-Family
Residential-1 (R-1) District to Single-Family Residential-3 (R-3) 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, Shiran Perera, applicant, on behalf of TechPro Estates, LLC, owner,
is requesting approval for a zone change from Garden/O’Day-Mixed Use (G/O-MU)
District and Single-Family Residential-1 (R-1) District to Single-Family Residential-3 (R-
3) District, for approximately 15.80 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 3rd day of October 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
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premises, submitted its report and recommendation to the City Council regarding the
proposed zone change from Garden/O’Day-Mixed Use (G/O-MU) District and Single-
Family Residential-1 (R-1) District to Single-Family Residential-3 (R-3) District, said
recommendation attached hereto and made a part hereof for all purposes as Exhibit
“D”; and
WHEREA S, upon receipt of the r eport 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 3rd day of October
2022; and
WHEREAS, on the 24th 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 of a zone change
from Garden/O’Day-Mixed Use (G/O-MU) District and Single-Family Residential-1 (R-1)
District to Single-Family Residential-3 (R-3) District, presented which, in the judgment
of the City Council, would justify the approval of said application; now, th erefore,
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
Garden/O’Day-Mixed Use (G/O-MU) District and Single-Family Residential-1 (R-1)
District, is hereby granted approval for Single-Family Residential-3 (R-3) 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
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particularly described as:
Legal Description: 15.80-acre (687,895 square feet) tract of land, being known
as Lot 22 and the called East 6 acres of Lot 9, of the Allison-Richey Gulf Coast
Homes Company Subdivision of Section 7, H.T. & B. R. R. Survey, Abstract No.
219, Brazoria County, Texas, according to the recorded map or plat thereof in
Volume 2, Page 23 of the Plat Records, Brazoria County, Texas.
General Location: Northwest Quadrant of O’Day Road and the new McHard
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 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
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approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 24th 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 7th
day of November 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
15.80-acre (687,895 square feet) tract of land, being known as Lot 22 and the called
East 6 acres of Lot 9, of the Allison-Richey Gulf Coast Homes Company Subdivision of
Section 7, H.T. & B. R. R. Survey, Abstract No. 219, Brazoria County, Texas, according
to the recorded map or plat thereof in Volume 2, Page 23 of the Plat Records, 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
October 13, 2022
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 22-23
Honorable Mayor and City Council Members:
At their regular meeting on October 3, 2022, the Planning and Zoning Commission
considered the following request:
Request: Shiran Perera, applicant, on behalf of TechPro Estates, LLC, owner,
for approval of a zone change for approximately 15.80 acres of land from the
Garden/O’Day-Mixed Use (G/O-MU) District and Single-Family Residential-1 (R-
1) District to Single-Family Residential-3 (R-3) District.
Legal Description: 15.80-acre (687,895 square feet) tract of land, being known
as Lot 22 and the called East 6 acres of Lot 9, of the Allison-Richey Gulf Coast
Homes Company Subdivision of Section 7, H.T. & B. R. R. Survey, Abstract No.
219, Brazoria County, Texas, according to the recorded map or plat thereof in
Volume 2, Page 23 of the Plat Records, Brazoria County, Texas.
General Location: Northwest Quadrant of O’Day Road and the new McHard
Road.
The Commission conducted a public hearing for the subject request. The applicant did
not make a presentation but was available for questions. The Commission discussed
the lot sizes available in the G/O-MU and R-3 zoning district (minimum 6,000 sq. ft.)
which is comparable to Spring Meadow Subdivision across O’Day Road. After
discussion, the Commission took a vote, the motion to approve the requested zone
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change from G/O-MU and R-1 to R-3 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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