Ord. 2000M-249 2023-09-11
Ordinance No. 2000M-249
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 3.8452-
acre tract of land out of a called 4.846-acre tract out of Lots 63 and 64 of the
Allison Richey Gulf Coast Home Company Subdivision of Section 9, H.T. &
B.R.R. Co. Survey, Abstract 234, Brazoria County, Texas, according to the
map or plat thereof recorded in Volume 2, Page 24 of the Plat Records of
Brazoria County, Texas (located at 7029 Broadway Street, Pearland,
Texas). Zone Change Application No. ZONE 23-06, a request by Adam
Clent, Beacon land Services, applicant, on behalf of PRD Land Development
Services, representing BAHAM Interests Limited Partnership, owner,
for approval of a zone change from General Business (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, Adam Clent, Beacon land Services, applicant, on behalf of PRD
Land Development Services, representing BAHAM Interests Limited Partnership,
owner, is requesting approval for a zone change from General Business (GB) to
General Commercial (GC) District on approximately 3.8452 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 7th day of August, 2023, 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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Ord. No. 2000M-249
premises, submitted its report and recommendation to the City Council regarding the
proposed zone change from General Business (GB) District to General 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 7 th day of August,
2023; and
WHEREAS, on the 28th day of August, 2023, 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 (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 (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: Being a 3.8452-acre tract of land out of a called 4.846-acre
tract out of Lots 63 and 64 of the Allison Richey Gulf Coast Home Company
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Subdivision of Section 9, H.T. & B.R.R. Co. Survey, Abstract 234, Brazoria
County, Texas, according to the map or plat thereof recorded in Volume 2, Page
24 of the Plat Records of Brazoria County, Texas.
General Location: 7029 Broadway Street, 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-249
PASSED, APPROVED, and ADOPTED on First Reading this 28th day of August 2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11th
day of September 2023.
________________________
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
Being a 3.8452-acre tract of land out of a called 4.846-acre tract out of Lots 63 and 64
of the Allison Richey Gulf Coast Home Company Subdivision of Section 9, H.T. &
B.R.R. Co. Survey, Abstract 234, Brazoria County, Texas, according to the map or plat
thereof recorded in Volume 2, Page 24 of the 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
August 8, 2023
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 23-06
Honorable Mayor and City Council Members:
At their regular meeting on August 7, 2023, the Planning and Zoning Commission considered
the following request:
Request: A request by Adam Clent, Beacon Land Services, applicant, on behalf of PRD
Land Development Services, representing BAHAM Interests Limited Partnership, owner,
for approval of a zone change for 3.8452 acres of land from General Business (GB)
District to General Commercial (GC) District, to wit:
Legal Description: Being a 3.8452-acre tract of land out of a called 4.846-acre tract out
of Lots 63 and 64 of the Allison Richey Gulf Coast Home Company Subdivision of
Section 9, H.T. & B.R.R. Co. Survey, Abstract 234, Brazoria County, Texas, according to
the map or plat thereof recorded in Volume 2, Page 24 of the Plat Records of Brazoria
County, Texas.
General Location: 7029 Broadway Street, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on August 7, 2023. The applicant was present during
the meeting and was available to answer questions. There were no speakers from the public for
or against the request. The commission asked the applicant what the desired development was
and the applicant responded that the request was speculative and in line with the zoning of the
area.
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After discussion, the Commission took a motion to recommend approval of the requested zone
change from GB to GC and the motion passed by a vote of 5-0. The vote by the Commission
constitutes a positive recommendation for approval by City Council.
Sincerely,
Martin Griggs, AICP, CNU-A
Assistant Director, Community Development
On behalf of the Planning and Zoning Commission
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