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Ord. 2000M-186 2019-07-08 ( ) Ordinance No. 2000M-186 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, Tract (1): Being a tract containing 0.146 acre situated in the H.T. & B.R.R. Survey, Section 11, Abstract No. 239, Brazoria County; being out of and a part of a called 0.2152 acre tract conveyed to the City of Pearland as described by deed recorded in Brazoria County Clerk's File No. 2007037608; being out of and a part of Lots 5 and 6, Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, Texas. Tract (2): Being a tract containing 0.097 acre situated in the H.T. & B.R.R. Survey, Section 11, Abstract No. 239, Brazoria County; being out of and a part of a called 0.1435 acre tract conveyed to the City of Pearland as described by deed recorded in Brazoria County Clerk's File No. 2008057966; being out of and a part of Lot 9, Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, Texas. Tract (3): Being the residue of Lots 7 and 8 of Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, out of Tract 6B of the Subdivision of Section No. 11, situated in the H.T. & B.R.R. Survey, Abstract No. 239, Brazoria County, Texas, described in Deed to Elias Garcia, Jr. and Eufemia Garcia recorded in Vol. 797, Page 386 of the Deed Records of Brazoria County, Texas, Less, Save and Except a previously conveyed 0.0689 acre tract recorded by Deed in File No. 2013033107 of the Official Records of Brazoria County, Texas. (3718, 3804 & 3808 E. Walnut Street, Pearland Texas) Zone Change Application No. ZONE 19-00012, a request by Kevin Cole, applicant, on behalf of Great Barrier, LLC (Series D), owner, for approval of a zoning change from General Commercial District (GC) to Planned Development District (PD), on approximately 0.439 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, Kevin Cole, applicant, on behalf of Great Barrier, LLC (Series D), owner; are requesting approval of a change in the zoning classification from General Commercial (GC) Zoning District to Planned Development District (PD) on approximately 0.439 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.17th day of June 2019, 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 18th day of June 2019, the Planning and Zoning Commission submitted its report and recommendation to the City Council regarding the proposed change in the zoning classification from General Commercial (GC) Zoning District to Planned Development District (PD) on approximately 0.439 acres of land, 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 regular meetings on the 8th day of July 2019 and the 22nd day of July 2019; 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 of Kevin Cole, applicant, on behalf of Great Barrier, LLC (Series D), owner; for approval of a change in the zoning classification from General Commercial (GC) Zoning District to Planned Development District (PD); on approximately 0.439 acres of land; presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, Page 2 of 9 Ord. No. 2000M-186 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, and presently being located within the zoning classification of General Commercial (GC) Zoning District to Planned Development District, and the Baker's Landing Planned Development District addendum attached hereto and made a part hereof for all purposes as Exhibit "E", in accordance with all conditions and requirements of the current Unified Development Code and the following conditions approved by the City Council and incorporated for all purposes, such property being more particularly described as: Legal Description: Tract (1): Being a tract containing 0.146 acre situated in the H.T. & B.R.R. Survey, Section 11, Abstract No. 239, Brazoria County; being out of and a part of a called 0.2152 acre tract conveyed to the City of Pearland as described by deed recorded in Brazoria County Clerk's File No. 2007037608; being out of and a part of Lots 5 and 6, Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, Texas Tract (2): Being a tract containing 0.097 acre situated in the H.T. & B.R.R. Survey, Section 11, Abstract No. 239, Brazoria County; being out of and a part of a called 0.1435 acre tract conveyed to the City of Pearland as described by deed recorded in Brazoria County Clerk's File No. 2008057966; being out of and a part of Lot 9, Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, Texas Tract (3): Being the residue of Lots 7 and 8 of Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, out of Tract 6B of the Subdivision of Section No. 11, situated in the H.T. & B.R.R. Survey, Abstract No. 239, Brazoria County, Texas, described in Deed to Elias Garcia, Jr. and Eufemia Garcia recorded in Vol. 797, Page 386 of the Deed Records of Brazoria County, Texas, Less, Save and Except a previously conveyed 0.0689 acre tract recorded by Deed in File No. 2013033107 of the Official Records of Brazoria County, Texas. General Location: 3718, 3804 & 3808 E. Walnut Street, Pearland Texas Page 3 of 9 Ord. No. 2000M-186 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. PASSED, APPROVED, and ADOPTED on First Reading this 8th day of July, 2019. TOM REID MAYOR Page 4 of 9 Ord. No. 2000M-186 rd. `�Illllr / _'.--. ATTEST: b qe-dh MARIA RODRIGUE INTERIM CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day of July, 2019. `��\Illlrlr// =U; :: TOM REID MAYOR ATTEST: ''''''''�►I,,,,,f,t,��`````. MARIA RODRIGUEZ INTERIM CITY SECRETARY APPROVED AS TO FORM: L DARRIN M. COKER CITY ATTORNEY • Page 5 of 9 Ord. No. 2000M-186 Exhibit A Legal Description Tract (1): Being a tract containing 0.146 acre situated in the H.T. & B.R.R. Survey, Section 11, Abstract No. 239, Brazoria County; being out of and a part of a called 0.2152 acre tract conveyed to the City of Pearland as described by deed recorded in Brazoria County Clerk's File No.. 2007037608; being out of and a part of Lots 5 and 6, Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, Texas Tract (2): Being a tract containing 0.097 acre situated in the H.T. & B.R.R. Survey, Section 11, Abstract No. 239, Brazoria County; being out of and a part of a called 0.1435 acre tract conveyed to the City of Pearland as described by deed recorded in Brazoria County Clerk's File No. 2008057966; being out of and a part of Lot 9, Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, Texas Tract (3): Being the residue of Lots 7 and 8 of Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County, out of Tract 6B of the Subdivision of Section No. 11, situated in the H.T. & B.R.R. Survey, Abstract No. 239, Brazoria County, Texas, described in Deed to Elias Garcia, Jr. and Eufemia Garcia recorded in Vol. 797, Page 386 of the Deed Records of Brazoria County, Texas, Less, Save and Except a previously conveyed 0.0689 acre tract recorded by Deed in File No. 2013033107 of the Official Records of Brazoria County, Texas. Page 6 of 9 Ord. 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No. 2000M-186 Exhibit C Legal Ad 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 19-00012 Notice is hereby given that on June 17, 2019, at 6:30 p.m.,the City Council and Planning and Zoning Commission of the City of Pearland,in Brazoria,Harris and Fort Bend Counties, Texas,.will conduct a joint public hearing in the. Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, at the request of Kevin Cole, applicant, on behalf of Great Barrier, LLC (Series D), owner, for approval of a zoning change from General Commercial District (GC) to Planned Development District(PD), on approximately 0.439 acres of land;to wit: Legal Description: Tract (1): Being a tract or parcel containing 0.146 acre (6,375 square feet) of land situated in the H.T.& B.R.R.Survey,Section 11,Abstract No.239, Brazoria County; being out of and a part of Lots 5 and 6,Airport Sites Subdivision No.2, an unrecorded subdivision in Brazoria County,Texas. Tract(2): Being a tract a tract or parcel containing 0.097 acre (4,250 square feet)of land situated in the H.T.& B.R.R.Survey, Section 11,Abstract No. 239, Brazoria County;being out of and a part of Lot 9,Airport Sites Subdivision No. 2, an unrecorded subdivision in Brazoria County,Texas. Tract(3):Being also the residue of Lots 7 and 8 of Airport Sites Subdivision No. 2, out of Tract 6B of the Subdivision of Section No. 11, situated in the H.T. & B.R,R.Survey,Abstract No. 239, Brazoria County,Texas, an unrecorded subdi- vision in Brazoria County. General Location:3718,3804&3808 E.Walnut Street, Pearland,Texas. At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information, please contact the Planning Department at 281-652-1765. Mohamed A.Bireima,AICP Senior Planner Page 8 of 9 Ord. No. 2000M-186 • Exhibit D Planning and Zoning Commission Recommendation Letter of PE4 PEARLANDI Planning Recommendation Letter June 18, 2019 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. ZONE 19-00012 Honorable Mayor and City Council Members: At their regular meeting on June 17, 2019, the Planning and Zoning Commission considered the following: A request of Kevin Cole, applicant, on behalf of Great Barrier, LLC (Series D), owner; for approval of a zone change from the General Commercial (GC) to Planned Development District (PD); on approximately 0.439 acres of land. General Location: 3718, 3804 & 3808 E. Walnut Street, Pearland TX. Commissioner Cade made a motion to approve. Commissioner Starr seconded the motion. There was no additional discussion. The motion was approved by a vote of 6-0. Chairperson Tunstall, Vice-Chairperson Duncan and Commissioners Cade, Pradia, Starr, and Ward were in favor of the motion. Sincerely, Martin Griggs Planning Manager On behalf of the Planning and Zoning Commission Page 9 of 9 Ord. No. 2000M-186 PD Template A. Introduction 1. Description of the Subject Property The land consists of 3 vacant lots (3718, 3804 and 3808 Walnut St). All 3 lots front Walnut St and back up to the existing Baker’s Landing commercial area. Across Walnut would be classifies as the Old Site area of Pearland. 2. Description of the Proposed Development Consistent with the commercial portion of Baker’s Landing PD 3. Describe the Area The 3 lots make up a total of 19,125 sq ft or 0.439 of an acre. Survey enclosed. 4. Purpose Statement The purpose of this is to add these 3 lots to the existing Baker’s Landing PD. 5. Comprehensive Plan This allows these 3 lots to develop with the same consistency as the rest of the Baker’s Landing commercial area. 6. Applicability Keeps the consistency with the existing Baker’s Landing PD. B. Zoning and Land Use 1. The existing zoning for these 3 lots is General Commercial. 2. The base zoning to be used is the same as the commercial portion of the Baker’s Landing PD. 3. The general standards to be used will be the same as the existing commercial portion of the Baker’s Landing PD. 4. Consistent with the commercial portion of Baker’s Landing PD. C. Design Standards Applicable to the Development 1. Consistent with the commercial portion of Baker’s Landing PD. 2. Consistent with the commercial portion of Baker’s Landing PD. 3. Consistent with the commercial portion of Baker’s Landing PD. 4. All requirements of the Unified Development Code will be met, unless specifically mentioned in the existing Planned Development. D. Required Dedications of Land or Public Improvements Consistent with the commercial portion of Baker’s Landing PD. E. Phasing Schedule Consistent with the commercial portion of Baker’s Landing PD. F. Exhibits 1. Design Plan Consistent with the commercial portion of Baker’s Landing PD. 2. Landscape/Open Space Plan Consistent with the commercial portion of Baker’s Landing PD. 3. Amenity Plan Consistent with the commercial portion of Baker’s Landing PD. 4. Phasing Plan Consistent with the commercial portion of Baker’s Landing PD.