Ord. 2000M-252 2023-09-25
Ordinance No. 2000M-252
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 of
land containing 20.014 acres, situated in the H.T. & B.R.R. Co. Survey,
Section 9, A-234, Brazoria County, Texas, and being a portion of Lots 61
and 62, Section 9 of the Alison Richey Gulf Coast Home Company Part of
Suburban Gardens, a subdivision of record in Volume 2, Page 23 in the Plat
Records of Brazoria County, Texas, and being all of that certain called 9.990
acres, Lot 61, Section 9 of the Alison Richey Gulf Coast Home Company
Part of Suburban Gardens (Tract I) as described in deed to Louis E. Lentz III
and Marybeth Porter and the certain called Lot 62 of the Alison Richey Gulf
Coast Home Company Part of Suburban Gardens (Tract II) and recorded
under County Clerk’s File No. 2011015274 in the Official Records of Brazoria
County, Texas (O.P.R.B.C.) (located at 2510 Roy Road, Pearland, Texas ).
Zone Change Application No. ZONE 23-11, a request by Jack A. Duran,
LDDBlueline, applicant, on behalf of Harmony Public Schools, owner,
for approval of a zone change from Single-Family Residential-1 (R-1)
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, Jack A. Duran, LDDBlueline, applicant, on behalf of Harmony Public
Schools, owner, is requesting approval for a zone change from Single-Family
Residential-1 (R-1) District to General Commercial (GC) District on approximately
20.014 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 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
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Ord. No. 2000M-252
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 Single-Family Residential-1 (R-1) 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 21 st day of August,
2023; and
WHEREAS, on the 11th day of September, 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 Single-Family Residential-1 (R-1) 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 Single-
Family Residential-1 (R-1) 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
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property being more particularly described as:
Legal Description: Being a tract of land containing 20.014 acres, situated in the
H.T. & B.R.R. Co. Survey, Section 9, A-234, Brazoria County, Texas, and being
a portion of Lots 61 and 62, Section 9 of the Alison Richey Gulf Coast Home
Company Part of Suburban Gardens, a subdivision of record in Volume 2, Page
23 in the Plat Records of Brazoria County, Texas, and being all of that certain
called 9.990 acres, Lot 61, Section 9 of the Alison Richey Gulf Coast Home
Company Part of Suburban Gardens (Tract I) as described in deed to Louis E.
Lentz III and Marybeth Porter and the certain called Lot 62 of the Alison Richey
Gulf Coast Home Company Part of Suburban Gardens (Tract II) and recorded
under County Clerk’s File No. 2011015274 in the Official Records of Brazoria
County, Texas (O.P.R.B.C.).
General Location: 2510 Roy 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
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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.
PASSED, APPROVED, and ADOPTED on First Reading this 11th day of September
2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th
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 tract of land containing 20.014 acres, situated in the H.T. & B.R.R. Co. Survey,
Section 9, A-234, Brazoria County, Texas, and being a portion of Lots 61 and 62,
Section 9 of the Alison Richey Gulf Coast Home Company Part of Suburban Gardens, a
subdivision of record in Volume 2, Page 23 in the Plat Records of Brazoria County,
Texas, and being all of that certain called 9.990 acres, Lot 61, Section 9 of the Alison
Richey Gulf Coast Home Company Part of Suburban Gardens (Tract I) as described in
deed to Louis E. Lentz III and Marybeth Porter and the certain called Lot 62 of the
Alison Richey Gulf Coast Home Company Part of Suburban Gardens (Tract II) and
recorded under County Clerk’s File No. 2011015274 in the Official Records of Brazoria
County, Texas (O.P.R.B.C.).
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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 22, 2023
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 23-11
Honorable Mayor and City Council Members:
At their regular meeting on August 21, 2023, the Planning and Zoning Commission considered
the following request:
Request: A request by Jack A. Duran, LDDBlueline, applicant, on behalf of Harmony
Public Schools, owner, for approval of a zone change for 20.014 acres of land from
Single-Family Residential-1 (R-1) District to General Commercial (GC) District, to wit:
Legal Description: Being a tract of land containing 20.014 acres, situated in the H.T. &
B.R.R. Co. Survey, Section 9, A-234, Brazoria County, Texas, and being a portion of
Lots 61 and 62, Section 9 of the Alison Richey Gulf Coast Home Company Part of
Suburban Gardens, a subdivision of record in Volume 2, Page 23 in the Plat Records of
Brazoria County, Texas, and being all of that certain called 9.990 acres, Lot 61, Section
9 of the Alison Richey Gulf Coast Home Company Part of Suburban Gardens (Tract I) as
described in deed to Louis E. Lentz III and Marybeth Porter and the certain called Lot 62
of the Alison Richey Gulf Coast Home Company Part of Suburban Gardens (Tract II)
and recorded under County Clerk’s File No. 2011015274 in the Official Records of
Brazoria County, Texas (O.P.R.B.C.).
General Location: 2510 Roy Road, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on August 21, 2023. At the meeting, a representative of
the applicant's team was available to answer questions. There was no comment from the
public. After brief discussion, the Commission took a vote, the motion to approve the requested
zone change from R-1 to GC was approved by a vote of 6-0. The vote by the Commission
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constitutes a positive recommendation for Council.
Sincerely,
Martin Griggs, AICP, CNU-A
Assistant Director, Community Development
On behalf of the Planning and Zoning Commission
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