HomeMy WebLinkAboutOrd. 2000M-267 20250207
Ordinance No. 2000M-267
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 7.573 acre
(329,887 square feet) tract, out of Lot 15, lying west of State Highway #35,
out of the L.W. Murdock Subdivision, Volume 29, Page 175, Brazoria County
Deed Records, in the A.C.H. & B. Railroad Survey, Section II, Abstra ct 507,
Brazoria County, Texas, said 7.583 acres being that same tract described in
a deed recorded in Volume 1259, Page 139 of the Brazoria County Deed
Records (located at the Northwest Corner of Main Street and Bailey
Road, Pearland, Texas). Zone Change Application No. ZONE 24-19, a
request by Will Benson, applicant, on behalf of JM Projects, LLC., owner,
for approval of a zone change from Heavy Industrial (M-2) 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, Will Benson, applicant, on behalf of JM Projects, LLC., owner,
requests approval of a zone change for 7.573 acres of land from Heavy Industrial (M-2)
to General Commercial (GC) District; said property being legally described in the legal
description attached hereto and made a part hereo f 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 6th day of January, 2025, 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
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Ord. No. 2000M-267
proposed zone change for 7.573 acres of land from Heavy Industrial (M-2) 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 6th day of January,
2025; and
WHEREAS, on the 27th day of January , 2025, 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 7.573 acres of land from Heavy Industrial (M-2) 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, is hereby granted approval for the zone change
for 7.573 acres of land from Heavy Industrial (M-2) District to 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:
Legal Description: Being a 7.573 acre (329,887 square feet) tract, out of Lot 15,
lying west of State Highway #35, out of the L.W. Murdock Subdivision, Volume
29, Page 175, Brazoria County Deed Records, in the A.C.H. & B. Railroad
Survey, Section II, Abstract 507, Brazoria County, Texas, said 7.583 acres being
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Ord. No. 2000M-267
that same tract described in a deed recorded in Volume 1259, Page 139 of the
Brazoria County Deed Records.
General Location: Northwest Corner of Main Street and Bailey 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
approval on second and final reading.
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Ord. No. 2000M-267
PASSED, APPROVED, and ADOPTED on First Reading this 27th day of January 2025.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10th
day of February 2025.
________________________
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-267
Exhibit “A”
Legal Description
Being a 7.573 acre (329,887 square feet) tract, out of Lot 15, lying west of State
Highway #35, out of the L.W. Murdock Subdivision, Volume 29, Page 175, Brazoria
County Deed Records, in the A.C.H. & B. Railroad Survey, Section II, Abstract 507,
Brazoria County, Texas, said 7.583 acres being that same tract described in a deed
recorded in Volume 1259, Page 139 of the Brazoria County Deed Records.
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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
January 7, 2025
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 24-19
Honorable Mayor and City Council Members:
At their regular meeting on January 6, 2025, the Planning and Zoning Commission considered
the following request:
Public Hearing: A request by Will Benson, applicant, on behalf of JM Projects, LLC.,
owner, for approval of a zone change for 7.573 acres of land from Heavy Industrial (M -2)
District to General Commercial (GC) District, to wit:
Legal Description: Being a 7.573 acre (329,887 square feet) tract, out of Lot 15, lying
west of State Highway #35, out of the L.W. Murdock Subdivision, Volume 29, Page 175,
Brazoria County Deed Records, in the A.C.H. & B. Railroad Survey, Section II, Abstract
507, Brazoria County, Texas, said 7.583 acres being that same tract described in a deed
recorded in Volume 1259, Page 139 of the Brazoria County Deed Records.
General Location: Northwest Corner of Main Street and Bailey Road, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on January 6, 2025. The applicant was present at the
meeting and discussed the intent of the zone change. There was no comment from the public.
The commission expressed their support for the zone change to GC, citing the proximity to
Pearland High School as a key reason.
After discussion, the Commission took a motion to recommend approval of the requeste d zone
change from M-2 to GC and the motion passed by a vote of 7-0. The vote by the Commission
constitutes a positive recommendation for approval by City Council.
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Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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