Ord. 2000M-242 2022-12-05_FailedOrdinance No. 2000M-242
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 tract or
parcel of land containing 9.6135 acres of land, (418,766 square feet), being
out of and a part of Lot 76, George W. Jenkin Subdivision of the lower one-
fourth, (1/4), of the W.D.C. Hall Survey, Abstract No. 70, Brazoria County,
Texas, according to the map or plat thereof recorded in Volume 79, Page
616, of the Office of the County Clerk of Brazoria County, Texas, said 9.6135
acre tract of land being that certain tract of land as conveyed to Gary Martin
Maynor and wife, Cecelia Maynor, by instrument recorded in document CF
No. 2001045201 of the Office of the County Clerk of Brazoria County, Texas
(located at 3205 Dixie Farm Road, Pearland, Texas). Zone Change
Application No. ZONE 22-27, a request by GMS Connects LLC, applicant, on
behalf of G & G Partners Development, owner, for approval of a zone
change from Neighborhood Service (NS) District to General Business
Retail (GB) 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, GMS Connects LLC, applicant, on behalf of G & G Partners
Development, owner, is requesting approval for a zone change from Neighborhood
Service (NS) District to General Business Retail (GB) District on approximately 9.6135
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 21st day of November 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
FAILED - December 5, 2022
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Ord. No. 2000M-242
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 zone change from Neighborhood Service (NS) District to General Business
Retail (GB) District, 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 21st day of November
2022; and
WHEREAS, on the 5th day of December, 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 Neighborhood Service (NS) District to General Business Retail (GB)
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
Neighborhood Service (NS) District, is hereby granted approval for General Business
Retail (GB) 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:
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Ord. No. 2000M-242
Legal Description: Tract or parcel of land containing 9.6135 acres of land,
(418,766 square feet), being out of and a part of Lot 76, George W. Jenkin
Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall Survey, Abstract
No. 70, Brazoria County, Texas, according to the map or plat thereof recorded in
Volume 79, Page 616, of the Office of the County Clerk of Brazoria County,
Texas, said 9.6135 acre tract of land being that certain tract of land as conveyed
to Gary Martin Maynor and wife, Cecelia Maynor, by instrument recorded in
document CF No. 2001045201 of the Office of the County Clerk of Brazoria
County, Texas.
General Location: 3205 Dixie Farm 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.
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Ord. No. 2000M-242
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
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Ord. No. 2000M-242
PASSED, APPROVED, and ADOPTED on First Reading this 5th day of December
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 December 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-242
Exhibit “A”
Legal Description
Tract or parcel of land containing 9.6135 acres of land, (418,766 square feet), being out
of and a part of Lot 76, George W. Jenkin Subdivision of the lower one-fourth, (1/4), of
the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas, according to the map
or plat thereof recorded in Volume 79, Page 616, of the Office of the County Clerk of
Brazoria County, Texas, said 9.6135 acre tract of land being that certain tract of land as
conveyed to Gary Martin Maynor and wife, Cecelia Maynor, by instrument recorded in
document CF No. 2001045201 of the Office of the County Clerk of Brazoria County,
Texas.
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Ord. No. 2000M-242
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
November 22, 2022
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 22-27
Honorable Mayor and City Council Members:
At their regular meeting on November 21, 2022, the Planning and Zoning Commission
considered the following request:
Request: GMS Connects LLC, applicant, on behalf of G & G Partners
Development, owner, for approval of a zone change from Neighborhood Service
(NS) District to General Business Retail (GB) District on approximately 9.6135
acres of land.
Legal Description: Tract or parcel of land containing 9.6135 acres of land,
(418,766 square feet), being out of and a part of Lot 76, George W. Jenkin
Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall Survey, Abstract
No. 70, Brazoria County, Texas, according to the map or plat thereof recorded in
Volume 79, Page 616, of the Office of the County Clerk of Brazoria County,
Texas, said 9.6135 acre tract of land being that certain tract of land as conveyed
to Gary Martin Maynor and wife, Cecelia Maynor, by instrument recorded in
document CF No. 2001045201 of the Office of the County Clerk of Brazoria
County, Texas.
General Location: 3205 Dixie Farm Road, Pearland, Texas.
The Commission conducted a public hearing and discussed the subject request at their
regular meeting on November 21. The applicant presented the project to the
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Commission and discussed the client's desire to obtain a zone change on property
instead of Conditional Use Permits (CUP). There were no other speakers from the
public during the public hearing portion. After a short discussion of previous zone
change and CUP requests, the Commission took a motion to recommend approval of
the request and the vote failed to pass by a vote of 1-5, with Vice-Chair Fuertes voting
in favor of the request. The vote by the Commission constitutes a negative
recommendation; therefore, a supermajority of 6 votes by Council will be required to
approve the request.
Sincerely,
Mohamed A. Bireima, AICP, Senior Planner
On behalf of the Planning and Zoning Commission