HomeMy WebLinkAboutOrd. 2000M-270 20250428Ordinance No. 2000M-270
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 all properties
within the Brazoria County Municipal Utility District No. 16 adopted by
Ordinance No. 1645 (located North of Broadway Street, west of Reid
Boulevard, east of Stone Road, and south of the northern boundary of
Lakeside Estates Section 1, with the exclusion of 2350 Reid Boulevard).
Zone Change Application No. ZON2025-0036, a request by the Director of
Community Development of the City of Pearland for approval of a
permanent zone classification for the land previously within the
Brazoria County Municipal Utility District No. 16, as follows: a) General
Business (GB) District for newly annexed tracts of land as described in
the following plats: Pearland Asian Town, Oak Square Subdivision, and
Reserves B, C, and Oak Road within Avalon Terrace Section 1 within
270’ of Broadway Street; b) Single-Family Residential-3 (R-3) District for
newly annexed tract of land as described in the following plats: Avalon
Terrace Section 1 [excluding Reserves B, C, and Oak Road within 270’
of Broadway Street], Avalon Terrace Section 2, Avalon Terrace Section
3, Avalon Terrace Section 4, Avalon Terrace Section 5, Avalon Terrace
Section 6, and City of Pearland Sports Complex; c) Suburban
Residential-12 (SR-12) District for newly annexed tracts of land as
described in the following plat: Lakeside Estates Section 1; d)
Suburban Development (SD) District for all areas excluded in plats and
areas stated above; 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, Director of Community Development of the City of Pearlan d,
requests approval of a permanent zone classification for the land previously within the
Brazoria County Municipal Utility District No. 16, as shown on Exhibit “E”; 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 o f which being attached hereto and made
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Ord. No. 2000M-270
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 he ard 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 permanent zone classification for the land previously within the Brazoria
County Municipal Utility District No. 16, as shown on Exhibit “E”, 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 parti es, and having been fully advised in the
premises, finds that in the case of the application for approval for the permanent zone
classification for the land previously within the Brazoria County Municipal Utility Dist rict
No. 16, as shown on Exhibit “E”; 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 permanent
zone classification for the land previously within the Brazoria County Municipal Utility
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District No. 16, as shown on Exhibit “E”, in accordance with all conditions and
requirements of the current Unified Development Code an d the amendments approved
by the City Council; and such property being more particularly described as:
Legal Description: All properties within the Brazoria County Municipal Utility
District No. 16 adopted by Ordinance No. 1645.
General Location: North of Broadway Street, west of Reid Boulevard, east of
Stone Road, and south of the northern boundary of Lakeside Estates Section 1,
with the exclusion of 2350 Reid Boulevard.
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.
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.
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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 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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Exhibit “A”
Legal Description
All properties within the Brazoria County Municipal Utility District No. 16 adopted by
Ordinance No. 1645.
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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. ZON2025-0036
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 the Director of Community Development of the City of
Pearland for approval of a permanent zone classification for the land previously within
the Brazoria County Municipal Utility District No. 16, as follows:
a) General Business (GB) District for newly annexed tracts of land as described
in the following plats: Pearland Asian Town, Oak Square Subdivision, and
Reserves B, C, and Oak Road within Avalon Terrace Section 1 within 270’ of
Broadway Street,
b) Single-Family Residential-3 (R-3) District for newly annexed tract of land as
described in the following plats: Avalon Terrace Section 1 [excluding Reserves B,
C, and Oak Road within 270’ of Broadway Street], Av alon Terrace Section 2,
Avalon Terrace Section 3, Avalon Terrace Section 4, Avalon Terrace Section 5,
Avalon Terrace Section 6, and City of Pearland Sports Complex,
c) Suburban Residential-12 (SR-12) District for newly annexed tracts of land as
described in the following plat: Lakeside Estates Section 1,
d) Suburban Development (SD) District for all areas excluded in plats and areas
stated above, to wit:
Legal Description: All properties within the Brazoria County Municipal Utility District No.
16 adopted by Ordinance No. 1645.
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General Location: North of Broadway Street, west of Reid Boulevard, east of Stone
Road, and south of the northern boundary of Lakeside Estates Section 1, with the
exclusion of 2350 Reid Boulevard.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on March 24, 2025. There were two (2) public speakers
at the meeting. One speaker stated he was in favor of the proposed GB zoning and the other
speaker requested the city to assist the developer with driveway access on Oak Road. The
Commission and staff discussed the proposed zoning for the existing detention pond.
After discussion, the Commission took a motion to recommend approval of the proposed zone
change and the motion passed by a vote of 6-0. The vote by the Commission constitutes
a positive recommendation for Council approval.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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Exhibit “E”
Proposed Zoning Classifications Map
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