Ord. 2000M-253 2023-11-13Ordinance No. 2000M-253
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 described
as Lot 16 and Lot 17, in Block 2, of Willowcrest Addition, Section 1, an
addition in Brazoria County, Texas, according to the map or plat thereof,
recorded in Volume 9, Page 90 of the Map Records of Brazoria County,
Texas (located at 2315 & 2317 Cedar Street, Pearland, Texas ). Zone
Change Application No. ZONE 23-12, a request by Lisa To, applicant, on
behalf of Simplice Guelson, owner, for approval of a zone change from
Neighborhood Service (NS) District to Single-Family Residential-2 (R-2)
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, Lisa To, applicant, on behalf of Simplice Guelson, owner, is
requesting approval for a zone change from Neighborhood Service (NS) District to
Single-Family Residential-2 (R-2) District on approximately 0.4135 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 2nd day of October, 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 Neighborhood Service (NS) District to Single-Family
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Residential-2 (R-2) 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 2 nd day of October,
2023; and
WHEREAS, on the 23rd day of October, 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 Neighborhood Service (NS) District to Single-Family Residential-2 (R-2) 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 Single-Family
Residential-2 (R-2) 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: Lot 16 and Lot 17, in Block 2, of Willowcrest Addition,
Section 1, an addition in Brazoria County, Texas, according to the map or plat
thereof, recorded in Volume 9, Page 90 of the Map Records of Brazoria County,
Texas.
General Location: 2315 & 2317 Cedar Street, Pearland, Texas.
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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-253
PASSED, APPROVED, and ADOPTED on First Reading this 23rd day of October 2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th
day of November 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
Lot 16 and Lot 17, in Block 2, of Willowcrest Addition, Section 1, an addition in Brazoria
County, Texas, according to the map or plat thereof, recorded in Volume 9, Page 90 of
the Map 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
October 3, 2023
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 23-12
Honorable Mayor and City Council Members:
At their regular meeting on October 2, 2023, the Planning and Zoning Commission considered
the following request:
Request: A request by Lisa To, applicant, on behalf of Simplice Guelson, owner, for
approval of a zone change for 0.4135 acres of land from Neighborhood Service (NS)
District to Single-Family Residential-2 (R-2) District, to wit:
Legal Description: Lot 16 and Lot 17, in Block 2, of Willowcrest Addition, Section 1, an
addition in Brazoria County, Texas, according to the map or plat thereof, recorded in
Volume 9, Page 90 of the Map Records of Brazoria County, Texas.
General Location: 2315 & 2317 Cedar Street, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on October 2, 2023. The applicant was present during
the meeting and explained that the requested zone change is to develop the lot with two single-
family homes. There was one speaker from the public who requested clarification on what the
proposed zone change from NS to R-2 means and if this would impact their property taxes. The
commission and staff discussed the NS District and R-2 District, the Conditional Use Permit
(CUP) for an Assisted Living Facility that was denied by City Council in 2020, and the potential
impact that residences would have on the property taxes for the surrounding property owners.
After discussion, the Commission took a motion to recommend approval of the requested zone
change from NS to R-2 and the motion passed by a vote of 6-0. The vote by the Commission
constitutes a positive recommendation for approval by City Council. The vote by the
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Commission 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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