HomeMy WebLinkAboutOrd. 2000M-269 20250428Ordinance No. 2000M-269
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; bein g Tract 1: A
1.854-acre tract of land situated in the H.T. & B.R.R. Company Survey,
Section 19, Abstract No. 234, Brazoria County, Texas, being part of Lot 1, of
the Allison Richey Gulf Coast Home Company Subdivision, Section 19,
according to the plat recorded in Volume 2, Page 23-24 of the Plat Records
of Brazoria County, Texas, and being the remainder of a called 2.004-acre
tract of land described by deed recorded under County Clerk’s File No.
2018059756 of the Official Public Records of Brazoria County, Texas and
Tract 2: A 0.9221-acre tract of land situated in the H.T. & B.R.R. Company
Survey, Section 19, Abstract No. 234, Brazoria County, Texas, being part of
Lot 1, of the Allison Richey Gulf Coast Home Company Subdivision, Section
19, according to the plat recorded in Volume 2, Page 23-24 of the Plat
Records of Brazoria County, Texas, being part of a tract of land conveyed to
Sharon Childers by deed recorded under County Clerk’s File No.
2018058267 of the Official Public Records of Brazoria County,
Texas (located at 8402 & 8422 McHard Road, Pearland, Texas). Zone
Change Application No. ZONE 24-25, a request by Carlos Saenz, applicant,
on behalf of Armando Lozano, owner, for approval of a zone change for
2.7761 acres of land from Cullen -Mixed Use (C-MU) District to General
Business (GB) 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, Carlos Saenz, applicant, on behalf of Arman do Lozano, owner,
requests approval of a zone change for 2.7761 acres of land from Cullen-Mixed Use (C-
MU) District to General Buiness (GB) 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 24th day of March, 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
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Ord. No. 2000M-269
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 2.7761 acres of land from Cullen-Mixed Use (C-MU) District
to General Business (GB) 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 24th day of March,
2025; and
WHEREAS, on the 14th day of April, 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
2.7761 acres of land from Cullen-Mixed Use (C-MU) District to General Business (GB)
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 2.7761 acres of land from Cullen-Mixed Use (C-MU) District to General Business
(GB) District, in accordance with all conditions and requirements of the current Unified
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Ord. No. 2000M-269
Development Code and the amendments approved by the City Council; and such
property being more particularly described as:
Legal Description: Tract 1: A 1.854-acre tract of land situated in the H.T. &
B.R.R. Company Survey, Section 19, Abstract No. 234, Brazoria County, Texas,
being part of Lot 1, of the Allison Richey Gulf Coast Home Company Subdivision,
Section 19, according to the plat recorded in Volume 2, Page 23-24 of the Plat
Records of Brazoria County, Texas, and being the remainder of a called 2.004 -
acre tract of land described by deed recorded under County Clerk’s File No.
2018059756 of the Official Public Records of Brazoria County, T exas. Tract 2: A
0.9221-acre tract of land situated in the H.T. & B.R.R. Company Survey, Section
19, Abstract No. 234, Brazoria County, Texas, being part of Lot 1, of the Allison
Richey Gulf Coast Home Company Subdivision, Section 19, according to the pla t
recorded in Volume 2, Page 23-24 of the Plat Records of Brazoria County,
Texas, being part of a tract of land conveyed to Sharon Childers by deed
recorded under County Clerk’s File No. 2018058267 of the Official Public
Records of Brazoria County, Texas.
General Location: 8402 & 8422 McHard 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 prot est 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.
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Ord. No. 2000M-269
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, a nd
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 pr eserved 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-269
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of April 2025.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th
day of April 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-269
Exhibit “A”
Legal Description
Tract 1: A 1.854-acre tract of land situated in the H.T. & B.R.R. Company Survey,
Section 19, Abstract No. 234, Brazoria County, Texas, being part of Lot 1, of the Allison
Richey Gulf Coast Home Company Subdivision, Section 19, according to the plat
recorded in Volume 2, Page 23-24 of the Plat Records of Brazoria County, Texas, and
being the remainder of a called 2.004 -acre tract of land described by deed recorded
under County Clerk’s File No. 2018059756 of the Official Public Records of Brazoria
County, Texas. Tract 2: A 0.9221-acre tract of land situated in the H.T. & B.R.R.
Company Survey, Section 19, Abstract No. 234, Brazoria County, Texas, being part of
Lot 1, of the Allison Richey Gulf Coast Home Company Subdivision, Section 19,
according to the plat recorded in Volume 2, Page 23 -24 of the Plat Records of Brazoria
County, Texas, being part of a tract of land conveyed to Sharon Childers by deed
recorded under County Clerk’s File No. 2 018058267 of the Official Public 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
March 25, 2025
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 24-25
Honorable Mayor and City Council Members:
At their regular meeting on March 24, 2025, the Planning and Zoning Commission considered
the following request:
Public Hearing: A request by Carlos Saenz, applicant, on behalf of Armando Lozano,
owner, for approval of a zone change for 2.7761 acres of land from Cullen -Mixed Use
(C-MU) District to General Commercial (GC) District, to wit:
Legal Description: Tract 1: A 1.854-acre tract of land situated in the H.T. & B.R.R.
Company Survey, Section 19, Abstract No. 234, Brazoria County, Texas, being part of
Lot 1, of the Allison Richey Gulf Coast Home Company Subdivision, Section 19,
according to the plat recorded in Volume 2, Page 23 -24 of the Plat Records of Brazoria
County, Texas, and being the remainder of a called 2.004 -acre tract of land described by
deed recorded under County Clerk’s File No. 2018059756 of the Official Public Records
of Brazoria County, Texas. Tract 2: A 0.9221-acre tract of land situated in the H.T. &
B.R.R. Company Survey, Section 19, Abstract No. 234, Brazoria County, Texas, being
part of Lot 1, of the Allison Richey Gulf Coast Home Company Subdivision, Section 19,
according to the plat recorded in Volume 2, Page 23 -24 of the Plat Records of Brazoria
County, Texas, being part of a tract of land conveyed to Sharon Childers by deed
recorded under County Clerk’s File No. 2018058267 of the Official Public Records of
Brazoria County, Texas.
General Location: 8402 & 8422 McHard Road, Pearland, Texas.
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The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on March 24, 2025. At the meeting, Armando Lozano
was present to present the request. There was one (1) public speaker who was in favor of the
zone change to GC. The Commission discussed the permitted uses in the GC District and
expressed concerns. They suggested that a less intensive zoning designation may better align
with the Mixed-Use Center place type, as outlined in the Comprehensive Plan.
After discussion, the Commission took a motion to recommend approval of an amended motion
to change the zoning to the NS District, and the motion passed by a vote of 6-0. The vote by
the Commission constitutes a positive recommendation for Council approval. With the P&Z
recommending a less intense zoning district than so ught by the applicant, a super-majority vote
is required by City Council. (Section 2.2.1.3. (h) 3)
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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