Ord. 2000M-250 2023-09-11Ordinance No. 2000M-250
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 1.11-acre
tract of land being a residue of Lot 8 of the Allison Richey Gulf Coast Home
Company Subdivision of Section 3, H.T. & B.R.R. Co. Survey, Abstract 232,
and being a residue of Lot 8 as conveyed to Raymond E. Maness and Wife,
Nellie D. Maness by Deed Recorded in Volume 423, Page 465 of the Deed
Records of Brazoria County, Texas (located at 2430 South Austin Avenue,
Pearland, Texas). Zone Change Application No. ZONE 23-09, a request by
Tessie Gurley, applicant, on behalf of Barclay Barnett, owner, for approval
of a zone change from Old Town Residential (OT-R) District to Old
Town Mixed Use (OT-MU) 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, Tessie Gurley, applicant, on behalf of Barclay Barnett, owner, is
requesting approval for a zone change from Old Town Residential (OT-R) District to Old
Town Mixed Use (OT-MU) District on approximately 1.11 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
premises, submitted its report and recommendation to the City Council regarding the
proposed zone change from Old Town Residential (OT-R) District to Old Town Mixed
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Ord. No. 2000M-250
Use (OT-MU) 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 Old Town Residential (OT-R) District to Old Town Mixed Use (OT-MU) 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 Old Town
Residential (OT-R) District, is hereby granted approval for Old Town Mixed Use (OT-
MU) 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: A 1.11-acre tract of land being a residue of Lot 8 of the
Allison Richey Gulf Coast Home Company Subdivision of Section 3, H.T. &
B.R.R. Co. Survey, Abstract 232, and being a residue of Lot 8 as conveyed to
Raymond E. Maness and Wife, Nellie D. Maness by Deed Recorded in Volume
423, Page 465 of the Deed Records of Brazoria County, Texas.
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Ord. No. 2000M-250
General Location: 2430 South Austin Avenue, 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-250
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
A 1.11-acre tract of land being a residue of Lot 8 of the Allison Richey Gulf Coast Home
Company Subdivision of Section 3, H.T. & B.R.R. Co. Survey, Abstract 232, and being
a residue of Lot 8 as conveyed to Raymond E. Maness and Wife, Nellie D. Maness by
Deed Recorded in Volume 423, Page 465 of the Deed 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 23-09
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 Tessie Gurley, applicant, on behalf of Barclay Barnett, owner, for
approval of a zone change for 1.11 acres of land from Old Townsite Residential (OT-R)
District to Old Townsite Mixed Use (OT-MU) District, to wit:
Legal Description: A 1.11-acre tract of land being a residue of Lot 8 of the Allison
Richey Gulf Coast Home Company Subdivision of Section 3, H.T. & B.R.R. Co. Survey,
Abstract 232, and being a residue of Lot 8 as conveyed to Raymond E. Maness and
Wife, Nellie D. Maness by Deed Recorded in Volume 423, Page 465 of the Deed
Records of Brazoria County, Texas.
General Location: 2430 South Austin Avenue, 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 four (4) members of the public
who spoke against the proposed zone change generally discussing topics of flooding and traffic.
Additionally, the Commission discussed the additional land uses that would be allowed by the
zone change and regulations that would be implemented during the permitting (flooding, traffic,
buffers, etc.). The property owner explained her intent for the zone change is to convert an
existing residential building on the lot, to office use.
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After discussion, the Commission took a motion to recommend approval of the requested zone
change from OT-R to OT-MU and the motion passed by a vote of 4-1 with Commissioner
Fuertes voting against. Commissioner Fuertes discussed the concentration of OT-MU zoned
properties on the east side of the Old Townsite and the appropriateness of the proposed zoning
district given the lack of OT-MU zoned properties surrounding the subject property in his
dissenting vote. 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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