Ord. 2000M-263 2024-11-18-FailedOrdinance No. 2000M-263
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 Lot 4, Block
1, Final Plat of Ferri Subdivision, a subdivision in Brazoria County, Texas,
according to the map or plat recorded in Volume 19, Pages 75-76 of the Map
Records of Brazoria County, Texas (located North of Knapp Road, East of
Main Street, Pearland, Texas). Zone Change Application No. ZONE 24-16,
a request by Luis Perret and Quynh Nguyen, applicant and owner,
for approval of a zone change from General Commercial (GC) District to
Single-Family Estate (R-E) 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 sub ject.
WHEREAS, Luis Perret and Quynh Nguyen, the applicant and owners, are
requesting approval of a zone change for 4.9694 acres of land from General
Commercial (GC) District to Single-Family Estate (R-E) District; 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 4th day of November, 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
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 for 4.9694 acres of land from General Commercial (GC) District
to Single-Family Estate (R-E) District, said recommendation attached hereto and made
Failed - November 18, 2024
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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 4th day of November,
2024; and
WHEREAS, on the 18th day of November, 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 for the
zone change for 4.9694 acres of land from General Commercial (GC) District to Single-
Family Estate (R-E) 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, is hereby granted approval for the zone change
for 4.9694 acres of land from General Commercial (GC) District to Single-Family Estate
(R-E) 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 4, Block 1, Final Plat of Ferri Subdivision, a subdivision in
Brazoria County, Texas, according to the map or plat recorded in Volume 19,
Pages 75-76 of the Map Records of Brazoria County, Texas.
General Location: North of Knapp Road, East of Main Street, Pearland, Texas.
Section II. The City Council of the City of Pearland finds and determines that the
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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.
PASSED, APPROVED, and ADOPTED on First Reading this 18th day of November
2024.
________________________
J. KEVIN COLE
MAYOR
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Ord. No. 2000M-262
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9th
day of December 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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Ord. No. 2000M-262
Exhibit “A”
Legal Description
Lot 4, Block 1, Final Plat of Ferri Subdivision, a subdivision in Brazoria County, Texas,
according to the map or plat recorded in Volume 19, Pages 75-76 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
November 5, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 24-16
Honorable Mayor and City Council Members:
At their regular meeting on November 4, 2024, the Planning and Zoning Commission
considered the following request:
Public Hearing: A request by Luis Perret and Quynh Nguyen, applicant and owner, for
approval of a zone change for 4.9694 acres of land from General Commercial (GC)
District to Single-Family Estate (R-E) District, to wit:
Legal Description: Lot 4, Block 1, Final Plat of Ferri Subdivision, a subdivision in
Brazoria County, Texas, according to the map or plat recorded in Volume 19, Pages 75-
76 of the Map Records of Brazoria County, Texas.
General Location: North of Knapp Road, East of Main Street, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on November 4, 2024. The landowner was present at
the meeting and was available to answer questions. There was comment from the adjacent
property owner in opposition to the rezoning of the subject property. The commission discussed
the proposed RE zoning not being the highest and best use for the property in addition to not
aligning with the comprehensive plan.
After discussion, the Commission took a motion to recommend approval of the
requested rezoning from GC assignment of R-3 and the motion failed by a vote of 0-7. The
vote by the Commission constitutes a negative recommendation for approval by City Council.
Sincerely,
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Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission