Ord. 2000M-260 2024-08-12Ordinance No. 2000M-260
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 a tract of land containing 0.9753 acres (42,484 square feet), situated in
Section 8 of the H.T. & B.R.R. Company Survey, Abstract 504, Brazoria
County, Texas, being all of a tract of land conveyed unto DGND Holdings
LLC under County Clerk’s File No. 2023009782 of the Official Records of
Brazoria County, Texas, and being out of and a part of Lot 23 of the Allison-
Richey Gulf Coast Home Company Subdivision of said Section 8 as
recorded in Volume 2, Page 23 of the Plat Records of Brazoria County,
Texas (located at 2641 Roy Road, Texas). Zone Change Application No.
ZONE 24-11, a request by Jessica Ruiz, applicant, on behalf of Prosperity
Roofing & Construction LLC., owner, for approval of a zone change from
Office & Professional (OP) 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, Jessica Ruiz, applicant, on behalf of Prosperity Roofing &
Construction LLC., owner, is requesting approval for a zone change from Office &
Professional (OP) District to General Commercial (GC) District on approximately 0.9753
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 1st day of July, 2024, 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
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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 Office & Professional (OP) 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 1st day of July, 2024;
and
WHEREAS, on the 22nd day of July, 2024, 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
Office & Professional (OP) 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 Office &
Professional (OP) 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:
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Legal Description: Being a tract of land containing 0.9753 acres (42,484 square
feet), situated in Section 8 of the H.T. & B.R.R. Company Survey, Abstract 504,
Brazoria County, Texas, being all of a tract of land conveyed unto DGND
Holdings LLC under County Clerk’s File No. 2023009782 of the Official Records
of Brazoria County, Texas, and being out of and a part of Lot 23 of the Allison-
Richey Gulf Coast Home Company Subdivision of said Section 8 as recorded in
Volume 2, Page 23 of the Plat Records of Brazoria County, Texas.
General Location: 2641 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
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
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approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 22nd day of July 2024.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th
day of August 2024.
________________________
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 0.9753 acres (42,484 square feet), situated in Section 8
of the H.T. & B.R.R. Company Survey, Abstract 504, Brazoria County, Texas, being all
of a tract of land conveyed unto DGND Holdings LLC under County Clerk’s File No.
2023009782 of the Official Records of Brazoria County, Texas, and being out of and a
part of Lot 23 of the Allison-Richey Gulf Coast Home Company Subdivision of said
Section 8 as recorded in Volume 2, Page 23 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
July 2, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 24-11
Honorable Mayor and City Council Members:
At their regular meeting on July 1, 2024, the Planning and Zoning Commission considered the
following request:
Public Hearing: A request by Jessica Ruiz, applicant, on behalf of Prosperity Roofing &
Construction LLC., owner, for approval of a zone change for 0.9753 acres of land from
Office & Professional (OP) District to General Commercial (GC) District, to wit:
Legal Description: Being a tract of land containing 0.9753 acres (42,484 square feet),
situated in Section 8 of the H.T. & B.R.R. Company Survey, Abstract 504, Brazoria
County, Texas, being all of a tract of land conveyed unto DGND Holdings LLC under
County Clerk’s File No. 2023009782 of the Official Records of Brazoria County, Texas,
and being out of and a part of Lot 23 of the Allison-Richey Gulf Coast Home Company
Subdivision of said Section 8 as recorded in Volume 2, Page 23 of the Plat Records of
Brazoria County, Texas.
General Location: 2641 Roy Road, Pearland, TX.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on July 1, 2024. The applicant was present at the
meeting and was available to answer questions. There was no comment from the public. The
commission and staff discussed the similarity of the development along Roy Road to the
development along O'Day Road and Garden Road, whether the zoning along Roy Road should
be similar to the Garden-O'Day Mixed Use zoning, and other uses that the General Commercial
zoning permits.
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After discussion, the Commission took a motion to recommend approval of the requested zone
change from OP to GC and the motion passed by a vote of 6-0. 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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