Ord. 2000M-0131 2015-04-13 FAILEDOrdinance No. 2000M-131
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 real property, being all of
that certain 79.94 acres of land, located in the A.C.H. & B. Survey, Section 1,
A-147 and in the H.T. & B.R.R. Co. Survey 11, A-239, Brazoria County,
Texas, out of the tracts of land described as Lots A, B, C, D, E, G, H, I, J, K,
L, M, N, 0, P, Q, R, S, T, U and V", and 2.011 acres in the deed from Felton
M.Baker and wife, Mary C. Baker to the Felton M. and Mary C. Baker
Revocable Trust, recorded under Document Number 2005011939, of the
Official Records of Brazoria County, Texas, (generally located between Main
Street to the west and Old Alvin Road to the east, and south of Walnut
Street, Pearland, TX), Zone Change 2014-222, a request of Alan Mueller,
applicant; on behalf of The Felton M. and Mary C. Baker Revocable Trust,
owner; for approval of a change in zoning from the General Commercial
(GC) and Office and Professional (OP) zoning district, to a Planned
Development (PD) known as Baker's Landing; on approximately 79.94 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 The Felton M. and Mary C.
Baker Revocable Trust, owner; is requesting approval of a change in zoning from the
Light Industrial (M-1) zoning district to the General Commercial (GC) and Office and
Professional (OP) zoning district, to a Planned Development (PD) known as Baker's
Landing; on approximately 79.94 acres of land; 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 5th day of January, 2015, 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
Failed as of April 13, 2015
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 16th day of February, 2015, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed zone change application of Alan Mueller, applicant; on behalf of The Felton M.
and Mary C. Baker Revocable Trust, owner; for approval of a change in zoning from the
General Commercial (GC) and Office and Professional (OP) zoning district, to a
Planned Development (PD) known as Baker's Landing; on approximately 79.94 acres of
land, said recommendation attached hereto and made a part hereof for all purposes as
Exhibit "D"; and said PD attached as Exhibit "E;" 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 23rd day of March 2015
and the 13th day of April 2015; 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 Alan Mueller, applicant; on behalf of The Felton M. and Mary C.
Baker Revocable Trust, owner; for approval of a change in zoning from the General
Commercial (GC) and Office and Professional (OP) zoning district, to a Planned
Development (PD) known as Baker's Landing; on approximately 79.94 acres of land,
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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Ord. No 2000M-131
Limits of the City of Pearland, Texas, and presently classified as General Commercial
GC) and Office and Professional (OP) is hereby granted a change in zoning to a
Planned Development (PD) known as Baker's Landing, in accordance with all
conditions and requirements of the current Unified Development Code and incorporated
for all purposes, such property being more particularly described as:
LEGAL DESCRIPTION: All of that certain 79.94 acres of land, located in the
A.C.H. & B. Survey, Section 1, A-147 and in the H.T. & B.R.R. Co. Survey 11, A-
239, Brazoria County, Texas, out of the tracts of land described as Lots A, B, C,
D, E, G, H, I, J, K, L, M, N, 0, P, Q, R, S, T, U and V", and 2.011 acres in the
deed from Felton M. Baker and wife, Mary C. Baker to the Felton M. and Mary C.
Baker Revocable Trust, recorded under Document Number 2005011939, of the
Official Records of Brazoria County, Texas
GENERAL LOCATION: Between Main Street to the west and Old Alvin Road to
the east, and south of Walnut Street, Pearland, TX
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 and to the City Council 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.
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Ord. No 2000M-131
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. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000-M and consistent with the approval herein
granted for the reclassification of the herein above described property
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 23rd day of March,
2015.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED. APPROVED. and ADOPTED on Second and Final Reading this 13th
day of April 2015.
TOM REID
MAYOR
Page 4 of 11
Ord. No 2000M-131
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 11
Ord. No 2000M-131
Exhibit A
Legal Description
All of that certain 79.94 acres of land, located in the A.C.H. & B. Survey, Section
1, A-147 and in the H.T. & B.R.R. Co. Survey 11, A-239, Brazoria County, Texas,
out of the tracts of land described as Lots A, B, C, D, E, G, H, I, J, K, L, M, N, 0,
P, Q, R, S, T, U and V", and 2.011 acres in the deed from Felton M. Baker and
wife, Mary C. Baker to the Felton M. and Mary C. Baker Revocable Trust,
recorded under Document Number 2005011939, of the Official Records of
Brazoria County, Texas
Page 6 of 11
Ord. No 2000M-131
Exhibit B
Vicinity Map
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Page 7 of 11
Ord. No 2000M-131
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: 2014-22Z
Notice is hereby given that on January 5, 2015 at6:30 p.m., the City Council and Planning and Zoning
Commission of the City of Pearland, in Brazoria, Harris
and Fort Bend Counties,Texas,will conducta joint public
hearing in the Council Chambers of City Hall, located at
3519 Liberty Drive, Pearland, Texas, at the request of
Alan Mueller, applicant, on behalf of The Felton M. and
Mary C. Baker Revocable Trust, owner, for approval of
a change in zoning from the General Commercial (GC)
and Office and Professional (OP) zoning district, to a
Planned Development known as Baker's Landing; on
approximately 79.94 acres of land,to wit
All of that certain 79.94 acres of land,located in theA_C.H.
B. Survey, Section 1,A-147 and in the H.T.&B.R.R. Co.
Survey 11,A-239, Brazoria County,Texas, out of the
tracts of land described as Lots A, B, C, D, E, G, H, I,
J, K, L, M, N, 0, P, Q, R, 5, T, U and V", and 2.011
acres in the deed from Felton M. Baker and wife, Mary
C. Baker to the Felton M. and Mary C. Baker Revocable
Trust, recorded under Document Number 2005011939,of
the Official Records of Brazoria County,Texas
General Location: Between Main Street to the west and
Old Alvin Road to the east, and south of Walnut Street,
Pearland,TX
Atsaid 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.
John na Matthews
City Planner
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Ord. No 2000M-131
Exhibit D
Planning and Zoning Commission Recommendation Letter
LAS._
T I \ A 5
EST.
Planning & Zoning Commission
Recommendation Letter
February 17, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 2014-22Z
Honorable Mayor and City Council Members:
At their regular meeting on February 16, 2015, the Planning and Zoning Commission
considered the following:
A request of Alan Mueller, applicant; on behalf of The Felton M. and Mary C.
Baker Revocable Trust, owner; for approval of a change in zoning from the
General Commercial (GC) and Office and Professional (OP) zoning district, to a
Planned Development (PD) known as Baker's Landing; on approximately 79.94
acres of land, on the following described property:
LEGAL DESCRIPTION: All of that certain 79.94 acres of land, located in the
A.C.H. & B. Survey, Section 1, A-147 and in the H.T. & B.R.R. Co. Survey 11, A-
239, Brazoria County, Texas, out of the tracts of land described as Lots A, B, C,
D, E, G, H, I, J, K, L, M, N, 0, P, Q, R, S, T, U and V", and 2.011 acres in the
deed from Felton M. Baker and wife, Mary C. Baker to the Felton M. and Mary C.
Baker Revocable Trust, recorded under Document Number 2005011939, of the
Official Records of Brazoria County, Texas
GENERAL LOCATION: Between Main Street to the west and Old Alvin Road to
the east, and south of Walnut Street, Pearland, TX
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Ord. No 2000M-131
At the regular meeting of the Planning and Zoning Commission on January 5, 2015,
Commissioner Daniel Tunstall made a motion to postpone the zone change request
until February 2, 2015. Commissioner Derrick Reed seconded. The motion to postpone
was approved 5-1 .
The item was placed on the February 2, 2015 meeting agenda but no action was taken,
as the applicant had requested additional time.
At the regular meeting of February 16, 2015, Commissioner Mary Starr made a motion
to approve the zone change request; the motion was seconded by Commissioner
Daniel Tunstall.
The conditions of approval were discussed and the applicant stated that he had
submitted a revised PD document which addresses all of staffs' ten (10) conditions.
However, the revised PD document had not yet been reviewed by staff. The motion
passed 5-2.Commissioners Reed, Starr, McLane, Fuertes, and Duncan voted to
approve the requested zone change. Commissioners McFadden and Tunstall voted to
deny the requested zone change. Commissioner Tunstall stated that his opposition was
due to the lack of commercial lots along Main St. (SH 35).
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
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Ord. No 2000M-131