Ord. 2000M-206 2020-11-23Ordinance No. 2000M-206
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 of Tract
(1): A tract of land containing 105.057 acres (4,576,272 square feet), located
within the H. Stevens Survey, Abstract 593 in Brazoria County, Texas; Said
105.057 acres tract being a portion of a called 138.83 -acre tract recorded in
the name of Margurite Massey Smith Charitable Remainder Trust U.A. in
B razoria County Clerk's File No. 2010013347 being all of Tract (2): A tract of
land containing 33.298 acres (1,450,469 square feet), located within the H.
Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 33.298 -acre
tract being a portion of a called 138.83 -acre tract recorded in the name of
Margurite Massey Smith Charitable Remainder Trust U.A. in Brazoria County
Clerk's File No. 2010013347; being all of Tract (3): A tract of land containing
14.952 acres (651,290 square feet), located within the H. Stevens Survey
Abstract 593 in Brazoria County, Texas; Said 14.952 -acres tract being a
portion of a called 5.00 -acre tract recorded in the name of Lois Winifrede
S ummers in Volume 1775, Page 250 of the Brazoria County Deeds Records,
all of a called 5.00 -acre tract recorded in the name of William Stephen
S ummers and wife, Lois Winifrede Summers in Volume 1318, Page 700 of
the Brazoria County Deeds Records; and a portion of a called 5.00 -acre tract
recorded in the name of Lois Winifrede Summers in Volume 1775, Page 248
of the Brazoria County Deeds Records; being all of Tract (4)• A tract of land
containing 55.539 acres (2,419,282 square feet), located within the H.
S tevens Survey, Abstract 593 in Brazoria County, Texas; Said 55.539 -acres
tract being all of a called 10 55 -acre tract recorded in the name of Lois Smith
S ummers in Brazoria County Clerk's File No 2013052681, and all of 45.00
acre tract recorded in the name of Lois Smith Summers in Brazoria County
Clerks File No. 2013052682; being all of Tract (5): A tract of land containing
3 159 acres (137,584 square feet), located within the H. Stevens Survey
Abstract 593 in Brazoria County, Texas; Said 3.159 -acres tract being a
portion of a called 4.45 -acre tract recorded in the name of Lois Smith
S ummers in Brazoria County Clerk's File No. 2013052682, being all of Tract
(8A): A tract of land containing 72.279 acres (3,148,490 square feet), located
within the C.W. Groos Survey Abstract 525 in Brazoria County, Texas Said
72.279 -acres tract being a portion of a called 160 -acre tract recorded in the
name of Richard Rogers in Volume 103, Page 371 of the Brazoria County
D eeds Records; being all of Tract (8B). A tract of land containing 72.584
acres (3,161,737 square feet), located within the C.W Groos Survey,
Abstract 525 in Brazoria County, Texas; Said 72.584 -acres tract being a
portion of a called 160 -acre tract recorded in the name of Richard Rogers in
Volume 103, Page 371 of the Brazoria County Deeds Records (South side
of McKeever Road (County Road 100), beginning approximately 2900
feet east of FM 1128, extending east to the southwest corner of the
intersection of McKeever and Harkey Roads) Zone Change Application
N o ZONE 20-00006, a request by Alan Mueller, applicant, on behalf of
Massey Oaks Development LP, owner, for approval of a Planned
D evelopment Amendment to the Massey Oaks Planned Development
D istrict, a single-family residential development, on approximately 356.868
acres of land; 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, Alan Mueller, applicant, on behalf of Massey Oaks Development LP,
owner; is requesting approval of a Planned Development Amendment to the Massey
Oaks Planned Development District, a single-family residential development, on
approximately 356.868 acres of land on the following described property; 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 October 2020, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication 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, on the 19th day of October 2020, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed amendment to the Massey Oaks Planned Development 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
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Ord. No 2000M-206
Commission, City Council •considered this application and the recommendation of the
Planning and Zoning Commission at their regular meeting on the 19th day of October
2020; and
WHEREAS, 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 of a Planned Development Amendment to the Massey
Oaks Planned Development District, a single-family residential development, on
approximately 356.868 acres of land; presented which, in the judgment of the City
Council, would justify the approval of said application; now, therefore,
B E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
S ection I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently being located within the Massey
Oaks Planned Development District, is hereby granted a change in zoning from Planned
D evelopment District to Planned Development District, in accordance with all conditions
and requirements of the current Unified Development Code and the amendments
approved by the City Council and incorporated for all purposes as Exhibit "E"; and, such
property being more particularly described as:
Legal Description:
Tract (1): A tract of land containing 105.057 acres (4,576,272 square feet),
located within the H Stevens Survey, Abstract 593 in Brazoria County, Texas;
S aid 105.057 acres tract being a portion of a called 138.83 -acre tract recorded in
the name of Margurite Massey Smith Charitable Remainder Trust U.A. in
Brazoria County Clerk's File No. 2010013347. Tract (2): A tract of land
containing 33.298 acres (1,450,469 square feet), located within the H. Stevens
S urvey, Abstract 593 in Brazoria County, Texas; Said 33.298 -acre tract being a
portion of a called 138.83 -acre tract recorded in the name of Margurite Massey
S mith Charitable Remainder Trust U.A. in Brazoria County Clerk's File No.
Page 3of11
Ord. No 2000M-206
2010013347. Tract (3): A tract of land containing 14.952 acres (651,290 square
feet), located within the H. Stevens Survey, Abstract 593 in Brazoria County,
Texas; Said 14.952 -acres tract being a portion of a called 5.00 -acre tract
recorded in the name of Lois Winifrede Summers in Volume 1775, Page 250 of
the Brazoria County Deeds Records, all of a called 5.00 -acre tract recorded in
the name of William Stephen Summers and wife, Lois Winifrede Summers in
Volume 1318, Page 700 of the Brazoria County Deeds Records; and a portion of
a called 5.00 -acre tract recorded in the name of Lois Winifrede Summers in
Volume 1775, Page 248 of the Brazoria County Deeds Records. Tract (4) A
tract of land containing 55.539 acres (2,419,282 square feet), located within the
H . Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 55.539 -acres
tract being all of a called 10.55 -acre tract recorded in the name of Lois Smith
S ummers in Brazoria County Clerk's File No. 2013052681, and all of 45.00 acre
tract recorded in the name of Lois Smith Summers in Brazoria County Clerk's
File No. 2013052682. Tract (5): A tract of land containing 3.159 acres (137,584
square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria
County, Texas; Said 3.159 -acres tract being a portion of a called 4.45 -acre tract
recorded in the name of Lois Smith Summers in Brazoria County Clerk's File No
2013052682. Tract (8A): A tract of land containing 72.279 acres (3,148,490
square feet), located within the C.W. Groos Survey Abstract 525 in Brazoria
County, Texas; Said 72.279 -acres tract being a portion of a called 160 -acre tract
recorded in the name of Richard Rogers in Volume 103, Page 371 of the
Brazoria County Deeds Records. Tract (8B)• A tract of land containing 72 584
acres (3,161,737 square feet), located within the C.W. Groos Survey, Abstract
525 in Brazoria County, Texas; Said 72.584 -acres tract being a portion of a
called 160 -acre tract recorded in the name of Richard Rogers in Volume 103,
Page 371 of the Brazoria County Deeds Records.
General Location South side of McKeever Road (County Road 100), beginning
approximately 2900 feet east of FM 1128, extending east to the southwest corner
of the intersection of McKeever and Harkey Roads.
S ection 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.
S ection III. The City Council of the City of Pearland finds and determines that
Page 4 of 11
Ord. No 2000M-206
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 9th day of
November, 2020.
EVIN C
MAYOR
ATT
CRY: AL RO ` , TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of November, 2020.
Page 5 of 11
Ord. No. 2000M-206
AT
CTSTAL ROAN, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
a
DARRIN M. COKER
CITY ATTORNEY
J. KEVIN COLE
MAYOR
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Page 6 of 11
Ord. No 2000M-206
Exhibit A
Legal Description
Tract (1): A tract of land containing 105.057 acres (4,576,272 square feet), located
within the H. Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 105.057
acres tract being a portion of a called 138.83 -acre tract recorded in the name of
Margurite Massey Smith Charitable Remainder Trust U.A. in Brazoria County Clerk's
File No. 2010013347. Tract (2)• A tract of land containing 33.298 acres (1,450,469
square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria County
Texas; Said 33.298 -acre tract being a portion of a called 138.83 -acre tract recorded in
the name of Margurite Massey Smith Charitable Remainder Trust U.A. in Brazoria
County Clerk's File No. 2010013347. Tract (3). A tract of land containing 14.952 acres
(651,290 square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria
County, Texas; Said 14.952 -acres tract being a portion of a called 5.00 -acre tract
recorded in the name of Lois Winifrede Summers in Volume 1775, Page 250 of the
Brazoria County Deeds Records, all of a called 5.00 -acre tract recorded in the name of
William Stephen Summers and wife, Lois Winifrede Summers in Volume 1318, Page
700 of the Brazoria County Deeds Records; and a portion of a called 5 00 -acre tract
recorded in the name of Lois Winifrede Summers in Volume 1775, Page 248 of the
Brazoria County Deeds Records. Tract (4) A tract of land containing 55.539 acres
(2,419,282 square feet), located within the H Stevens Survey, Abstract 593 in Brazoria
County, Texas Said 55.539 -acres tract being all of a called 10.55 -acre tract recorded in
the name of Lois Smith Summers in Brazoria County Clerk's File No. 2013052681, and
all of 45.00 acre tract recorded in the name of Lois Smith Summers in Brazoria County
Clerk's File No. 2013052682. Tract (5): A tract of land containing 3.159 acres (137 584
square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria County,
Texas; Said 3.159 -acres tract being a portion of a called 4.45 -acre tract recorded in the
name of Lois Smith Summers in Brazoria County Clerk's File No. 2013052682 Tract
(8A): A tract of land containing 72.279 acres (3,148,490 square feet), located within the
C.W. Groos Survey, Abstract 525 in Brazoria County, Texas, Said 72279 -acres tract
being a portion of a called 160 -acre tract recorded in the name of Richard Rogers in
Volume 103, Page 371 of the Brazoria County Deeds Records. Tract (8B)M A tract of
land containing 72.584 acres (3,161,737 square feet), located within the C.W. Groos
Survey, Abstract 525 in Brazoria County, Texas; Said 72.584 -acres tract being a portion
of a called 160 -acre tract recorded in the name of Richard Rogers in Volume 103, Page
371 of the Brazoria County Deeds Records.
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Ord. No 2000M-206
Exhibit B
Vicinity Map
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Major CoItQQtQLat,ets --To. Beacquired
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Exhibit 1
ZONE 20-00006
Zoning & Aerial Map
Massey Oak PD
Amendment
South of McKeever (C.R. 100),
East of FM 1128
Legend
Subject Property
ajor Thoroughfares T,o. Be
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This product is fur informational purposes and
may not have been prepared for or be suitable
tor kgnl, enginerrinr, or surveying purposes, it
does not represent an on•tbe•paround eun'ey and
represents only the approximate relative location
of property boundaries.
1 inch = 1,250 feet
OCTOBER S, 2020
COMIMitUNITT' DKV. DEPT.
Page 8 of 11
Ord. No 2000M-206
Exhibit C
Legal Advertisement
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER ZONE 20-00006
Notice is hereby pen that car Monday, October 19, 2020, at 6;30 p.m., the City
Council and Planning and Zoning Commission of the City of Pearfand, in
Brazoria, Hark and Fort Beret Counties, Texas, wit conduct a Ysnt public hear-
ing by teephone or video coniarence In order to advance the public hearth goal
of Imling face•todaoe meetings (also called 'socia distancing') to slow the
spread of the Coronavirus (COVID-19), al the request o1 Alan Mueller, applicant,
on beha.`i of Massey Oaks Development LP, owner, for approval of a Planned
Development Amendment to the Massey Oaks Planned Development Distal, a
single•family residential devecpreent, on approxiinatel/ 356.868 acres of land;
to wit:
Legal Description: Tract (1): A tract of land cantaining 105.057 acral
(4,576,272 square feet), located within the H. Stevens Survey, Abstract 593 in
Brazoria Codnty, Texas; Said 105,057 acres tract being a portion of a called
138,83 -acre Tract recorded in the name of Mirgurite Massey Smith Charitable
Remainder Trust ISA. In Brazoria County Clerk's File Na. 2010013347. Tract
(2): A Tract of land ocritaning 33.298 acres (1 450,469 square tool). treated weh•
in the H. Stevens Survey, Abstract 593 in Brazoria Couity, Texas; Said 33.298 -
acre Tract being a portion of a called 138.83 -acre tract recorded in the name of
Margurile Massey Smith Charitat:4e Remainder Trust tJ,A, in &azoria County
Clerk's File No. 2010013347. Tract (3): A tract of land containing 14.962 aues
(651129D square feel), located within Ora H. Stevens Survey Abstract 593 In
Brazoria County, Texas; Said 14.952 acres tract'being a portion ci a called 5.00•
acre tract recorded in the name of Lois Winifrode Summers in Volume 1775,
Pale 250 c4 the Brazoria County Deeds Records, all of a called 5,00 -acre tract
recorded in the name 01 William Stephen Summers and wife Lis Winilrede
Sumniors In Volume 1318, Page 700 of the Brazada Cooly Deeds Records;
and a pcnron of a called 5.CC-acre tract recorded in the name of Ws Winirede
Summers in Vcluma 1775, Page 248 of the Brenda County Deeds Records,
Tract (4): A tract of hind containing 55,539 acres (214191282 square leef, locat-
ed Minn the 1.1, Stevens Survey, Abstract 593 in Brazoria County, Texas; Said
55.539 acres tract being all 0 a called 10.55 -acre tract reacrdod in the name of
Lois Srnt h Summers In Brazoria County Clerk's File No. 2013051681, and all of
45.00 acre bract recorded in the name of Lois Smith Summers in Brazoria County
Clerks File No. 2013052682. Tract (5)' A tract of lard containing 3,159 acres
(137,564 square 'eel), tccated within the H. Stevens Survey, Abstract 593 in
Brazoria Ccunty, Texas; Said 3.1591acres tracl being a penton of a called 4.45•
acre tract recorded in the name of Lois Smith Summers in Brazoria County
Clerks File No, 2.0130528821 Tract (8A)• A tract of lard containing 72,279 acres
(311481490 square feel), located within the C.W. Gros Surrey Abstract 525 in
Brazoria County, Texas; Said 72.279 -acres tract berg a parlian c! a called 16D•
acre tract recorded in the name of Richard Rogers in Volume 103, Page 371 of
the Wazcria Courcy Deeds Records Tract (8B)' A tract of land containrrg
72,584 acres (3,181,737 square teat). located Klhm the C W Groats Suney
Abstract 525 in Brazoria County, Texas; Said 72.584 -acres Incl being a portion
of a called 160 -acre tract recorded in the name of Richard Rcaers In Warne
103, Page 371 of the Brazoria Caunly Deeds Records.
General Location: South s=ite of I tcKeover Road (Ccunty Road 10D}, beginning
approxRnately 2900 feel east cf FM 1128 extend ng east to the southwest cor-
ner of the intersection 0 McKeever and Harkey Roads, Pearland, TX.
At said hearing, all interested parties she! have the r' rt and opportunity to
appear aro bo heard on the subject For additional information, please contact
the Planning Department at 281-652.1765.
Mohamed A. Rena, AICP
Senor Plainer
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Ord. No. 2000M-206
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
October 20, 2020
H onorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No ZONE 20-00006
H onorable Mayor and City Council Members:
At their regular meeting on October 19, 2020, the Planning and Zoning Commission
considered the following:
Request: Alan Mueller, applicant, on behalf of Massey Oaks Development LP,
owner, for approval of a Planned Development Amendment to the Massey Oaks
Planned Development District, a single-family residential development, on
approximately 356.868 acres of land.
General Location: South side of McKeever Road (County Road 100), beginning
approximately 2900 feet east of FM 1128, extending east to the southwest corner
of the intersection of McKeever and Harkey Roads.
The Commission discussed the proposal and the issues presented during the Joint
Public Hearing. Commissioner Dansby suggested that adding an exhibit for the
upgraded wood fence would be beneficial. Commissioner Henricks discussed the water
quality issues and how those concerns could be addressed in the Development
Agreement. Chairperson Cade wanted to see the masonry wall be maintained along
H astings Cannon Road. After the discussions, the P&Z voted to approve
recommendations 1-6 with the discussed change for recommendation 3 to allow
H astings Cannon Road an enhanced wood fence and Harkey Road as a masonry
fence. The vote to amend the motion passed 5-0 and then the amended motion passed
5-0 to recommend approval of the PD amendment, with Commissioner Fuertes recusing
Page 10 of 11
Ord. No 2000M-206
from discussion and voting.
Sincerely,
fln
Martin Griggs, AICP, CNU-A
Planning Manager
On behalf of the Planning and Zoning Commission
Page 11 of 11
Ord. No 2000M-206