Ord. 2000M-243 2022-12-12
Ordinance No. 2000M-243
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 4.5099 acres
(196,450 square feet), situated in the H.T. & B.R.R. CO. Survey, Abstract
No. 242, Brazoria County, Texas, being all of a tract of land conveyed unto
Tilly Pham and Brian Nguyen by deed recorded under County Clerk’s File
No. 2003031795 of the Official Records of Brazoria County, Texas
(located east of Old Chocolate Bayou Road, south of Broadway
Street). Zone Change Application No. ZONE 22-28, a request by GMS
Connects LLC, applicant, on behalf of Pham Tilly Trang, owner, for approval
of a zone change from General Business Retail (GB) District to General
Commercial (GC) 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 Pham Tilly Trang,
owner, is requesting approval for a zone change from General Business Retail (GB)
District to General Commercial (GC) District; 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
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 General Business Retail (GB) District to General
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Ord. No. 2000M-243
Commercial (GC) 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 General Business Retail (GB) District to General Commercial (GC) 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 Retail (GB) District, is hereby granted approval for General Commercial (GC)
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: 4.5099 acres (196,450 square feet), situated in the H.T. &
B.R.R. CO. Survey, Abstract No. 242, Brazoria County, Texas, being all of a tract
of land conveyed unto Tilly Pham and Brian Nguyen by deed recorded under
County Clerk’s File No. 2003031795 of the Official Records of Brazoria County,
Texas.
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General Location: East of Old Chocolate Bayou Road, South of Broadway
Street.
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-243
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-243
Exhibit “A”
Legal Description
4.5099 acres (196,450 square feet), situated in the H.T. & B.R.R. CO. Survey, Abstract
No. 242, Brazoria County, Texas, being all of a tract of land conveyed unto Tilly Pham
and Brian Nguyen by deed recorded under County Clerk’s File No. 2003031795 of the
Official 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
November 22, 2022
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 22-28
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 Pham Tilly Trang, owner,
for approval of a zone change from General Business Retail (GB) District to
General Commercial (GC) District on approximately 4.5099 acres.
Legal Description: 4.5099 acres (196,450 square feet), situated in the H.T. &
B.R.R. CO. Survey, Abstract No. 242, Brazoria County, Texas, being all of a tract
of land conveyed unto Tilly Pham and Brian Nguyen by deed recorded under
County Clerk’s File No. 2003031795 of the Official Records of Brazoria County,
Texas.
General Location: East of Old Chocolate Bayou Road, South of Broadway
Street.
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
Commission and discussed the intended uses, including retail, office, services,
warehouse for storage. There were three (3) speakers during the public hearing portion.
Their comments were focused on the current condition of Old Chocolate Bayou Road,
drainage, and flooding in the area. After a discussion of these issues with staff, the
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Commission took a motion to recommend approval of the request and the motion
passed by a vote of 4-2, with Chairperson Dansby and Commissioner Boswell voting
against the request. The vote by the Commission constitutes a positive
recommendation for Council.
Sincerely,
Mohamed A. Bireima, AICP, Senior Planner
On behalf of the Planning and Zoning Commission
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