HomeMy WebLinkAboutOrd. 2000M-273 20250623
Ordinance No. 2000M-273
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 Exhibit A: A
23.60 acre tract of land situated in the Thomas J. Green Survey, Abstract
Number 198, Brazoria County, Texas in the City of Pearland, being all of a
tract of land described as Exhibit “A” in the deed to Jennie Settegast Smith
recorded in Document Number 2023034456, Brazoria County Clerk’s Office
and a portion of the remainder of a called 17.850 acre tract described as
Tract 2, in the deed to Marion E. Settegast, Jr., recorded in Volume 1247,
Page 922, Brazoria County Deed Records and Exhibit B: A 11.59 acre tract
of land situated in the Thomas J. Green Survey, Abstract Number 198,
Brazoria County, Texas in the City of Pearland, being all of a tract of land
described as Exhibit “B” in the deed to Jennie Settegast Smith recorded in
Document Number 2023034456, Brazoria County Clerk’s Office (located on
the North and south sides of Pearland Parkway across from Shallow
Creek Drive. North of The Center at Pearland Parkway, Pearland,
Texas). Zone Change Application No. ZON2025-0069, a request by
Dunaway, applicant, on behalf of Jennie Settegast Smith, Sandra Settegast
Abadie, Marion E. Settegast III, Carlita S. Sealy, Marion Sullivan, Third
Coast Resources I, LTD., and Third Coast Resources II, LTD, owners, for
approval of a zone change for 35.19 acres of land from Single-Family
Residential- 2 (R-2) 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, Dunaway, applicant, on behalf of Jennie Settegast Smith, Sandra
Settegast Abadie, Marion E. Settegast III, Carlita S. Sealy, Marion Sullivan, Third Coast
Resources I, LTD., and Third Coast Resources II, LTD, owners, requests approval of a
zone change for 35.19 acres of land from Single-Family Residential-2 (R-2) to General
Business (GB) 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 19th day of May, 2025, a public hearing was held before the
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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 35.19 acres of land from Single-Family Residential-2 (R-2) 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 19th day of May,
2025; and
WHEREAS, on the 9th day of June, 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
35.19 acres of land from Single-Family Residential-2 (R-2) 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
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Limits of the City of Pearland, Texas, is hereby granted approval for the zone change
for 35.19 acres of land from Single-Family Residential-2 (R-2) to General Business (GB)
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: Exhibit A: A 23.60 acre tract of land situated in the Thomas
J. Green Survey, Abstract Number 198, Brazoria County, Texas in the City of
Pearland, being all of a tract of land described as Exhibit “A” in the deed to
Jennie Settegast Smith recorded in Document Number 2023034456, Brazoria
County Clerk’s Office and a portion of the remainder of a called 17.850 acre tract
described as Tract 2, in the deed to Marion E. Settegast, Jr., recorded in Volume
1247, Page 922, Brazoria County Deed Records. Exhibit B: A 11.59 acre tract of
land situated in the Thomas J. Green Survey, Abstract Number 198, Brazoria
County, Texas in the City of Pearland, being all of a tract of land described as
Exhibit “B” in the deed to Jennie Settegast Smith recorded in Document Number
2023034456, Brazoria County Clerk’s Office.
General Location: North and south sides of Pearland Parkway across from
Shallow Creek Drive. North of The Center at Pearland Parkway, 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
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Ord. No. 2000M-273
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 9th day of June 2025.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of June 2025.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
_____________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
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_____________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Exhibit A: A 23.60 acre tract of land situated in the Thomas J. Green Survey, Abstract
Number 198, Brazoria County, Texas in the City of Pearland, being all of a tract of land
described as Exhibit “A” in the deed to Jennie Settegast Smith recorded in Document
Number 2023034456, Brazoria County Clerk’s Office and a portion of the remainder of a
called 17.850 acre tract described as Tract 2, in the deed to Marion E. Settegast, Jr.,
recorded in Volume 1247, Page 922, Brazoria County Deed Records. Exhibit B: A
11.59 acre tract of land situated in the Thomas J. Green Survey, Abstract Number 198,
Brazoria County, Texas in the City of Pearland, being all of a tract of land described as
Exhibit “B” in the deed to Jennie Settegast Smith recorded in Document Number
2023034456, Brazoria County Clerk’s Office.
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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
May 20, 2025
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZON2025-0069
Honorable Mayor and City Council Members:
At their regular meeting on May 19, 2025 the Planning and Zoning Commission considered the
following request:
Public Hearing: A request by Dunaway, applicant, on behalf of Jennie Settegast Smith,
Sandra Settegast Abadie, Marion E. Settegast III, Carlita S. Sealy, Marion Sullivan, Third
Coast Resources I, LTD., and Third Coast Resources II, LTD, owners, for approval of a
zone change for 35.19 acres of land from Single-Family Residential- 2 (R-2) District to
General Business (GB) District, to wit:
Legal Description: Exhibit A: A 23.60 acre tract of land situated in the Thomas J.
Green Survey, Abstract Number 198, Brazoria County, Texas in the City of Pearland,
being all of a tract of land described as Exhibit “A” in the deed to Jennie Settegast Smith
recorded in Document Number 2023034456, Brazoria County Clerk’s Office and a
portion of the remainder of a called 17.850 acre tract described as Tract 2, in the deed to
Marion E. Settegast, Jr., recorded in Volume 1247, Page 922, Brazoria County Deed
Records. Exhibit B: A 11.59 acre tract of land situated in the Thomas J. Green Survey,
Abstract Number 198, Brazoria County, Texas in the City of Pearland, being all of a tract
of land described as Exhibit “B” in the deed to Jennie Settegast Smith recorded in
Document Number 2023034456, Brazoria County Clerk’s Office.
General Location: North and south sides of Pearland Parkway across from Shallow
Creek Drive. North of The Center at Pearland Parkway, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on May 19, 2025. The applicant was present at the
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meeting and was available to answer questions. There was public comment from the President
of the Pearland Chamber of Commerce in support of the proposed zone change and from a
representative of the Banbury Cross homeowners Association with concerns related to the
proposed uses, increased traffic and stormwater detention on site. The commission discussed
the different uses permitted within the General Business (GB) District and the residents’
concerns.
After discussion, the Commission took a motion to recommend approval of the requested zone
change of GB and the motion passed by a vote of 4-0. The vote by the Commission constitutes
recommendation of approval by City Council.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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