Loading...
Ord. 509-735 09-13-04ORDINANCE NO. 509-735 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 6.7430 ACRES, OUT OF A 39.3673 ACRE TRACT, AS RECORDED IN FILE NO. 98-044746, AS RECORDED IN THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, AND ALSO BEING OUT OF LOT 32, ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS, SECTION 19, AS RECORDED IN VOLUME 2, PAGE 23 AND 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, H.T. & B.R.R. COMPANY SURVEY, SECTION 19, ABSTRACT 234, PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE WEST SIDE OF ZAPALAC ROAD) (APPLICATION NO. 1184) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF BRUCE T. FEHR, APPLICANT FOR PEARLAND PLAZA, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Bruce T. Fehr, Applicant for Pearland Plaza, Ltd., Owner, filed on July 19, 2004, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use as provided for in said Section 28, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A"; and WHEREAS, on the 16th day of August, 2004, 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 thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and WHEREAS, on the 3rd day of September, 2004, the Planning and Zoning 1 ORDINANCE NO. 509-735 Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Bruce T. Fehr, Applicant for Pearland Plaza, Ltd., Owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Suburban Development District (SD) to General Business District (GB); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on September 13, 2004; 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 Bruce T. Fehr, applicant for Pearland Plaza, owner, 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: I . The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) is hereby zoned to General Business District (GB), such property being more particularly described as: 6.7430 acres, out of a 39.3673 acre tract, as recorded in File No. 98-044746, as recorded in the Official Records of Brazoria County, Texas, and also being out of Lot 32, Allison Richey Gulf Coast Home Company's Part of Suburban Gardens, Section 19, as recorded in Volume 2, Page 23 and 24, Plat Records of Brazoria County, Texas, H.T. & B.R.R. Company Survey, Section 19, Abstract 234, Pearland, Brazoria County, Texas (Generally Located on the North Side of FM 518 (Broadway Street), and on the West Side of Zapalac Road) 2 ORDINANCE NO. 509-735 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. 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. 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. 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. VI. The City Secretary is hereby directed to cause to be prepared an amendment to 3 ORDINANCE NO. 509-735 the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509 and consistent with the approval herein granted for the reclassification of the herein above described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 13th day of September , 2004. TOM REID MAYOR ATTEST: NG LO Y SEC TARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th day of September , 2004. TOM REID MAYOR 4 ORDINANCE NO. 509-735 ATTEST: NG Lo'' ., T Y SE ` ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 5 City of Pearland Community Development 3519 Liberty Drive APPLICATION FOR Pearland, Texas e28a77581521589 A CHANGE IN ZONING 281-652-1702fax www.ci.pearland.tx.us Please check one: Change in Zoning Classification from: ❑ Specific Use Permit Request for : Property Information: (list current zoning) to: Ie (list proposed zoning) (list proposed use) Address: f f-'-:t.ED C p Subdivision: Lot: Block: Tax I.D. Number: ** For unplatted property, attach a copy of the metes and bounds description** Current use of property ,`� (type of structures on property): � ' E Proposed use of property: e ((,- Ne=3 / gerAL 4i-t1:19(iar(r PROPERTY OWNER INFORMATION: NAME �i e INU�Y�.U-0,U7-GA. L ADDRESS 11, 3as j esAtAYti.Q,c k CITY ANA,9*Y\ STATE-1 X ZIP *-V -- PHONE(1i)etg 3 - `t%6 FAX(11-4 )"4$3 `°IRS) E-MAIL ADDRESS '(YYtYNNI41\k‘ret- SAS [D_ c \.Q.oYy\ APPLICANT/AGENT INFORMATION: � NAME l -% T '1 Cl 1', ADDR�E,S�7S7 N T ct o {.� CITY ► IJ STATE 1-X ZIP '77 54" PHONE(7( ) FAX( 7 l ) % /-f) E-MAIL ADDRESS 13Far&FOCA.CG PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signat Agent's Signature: OFFICE USE ONL FEES PAID: RECEIVED BY: Date: DATE PAID: 7-/q--O Cf APPLICATION NO. I I R L+ lam aA'18 N3TIfl3 _ FREEDOM DR SUBJECT PROPERTY BROADWAY ST co co O 11, • . • 518) LOCATION MAP Zone Change Application No. 1184 Owner/Applicant: Pearland Plaza Ltd/Bruce T. Fehr Change: SD - GB W E 0 200 400 Feet IIIII I Planning & Zoning Commission City of Pearland September 3, 2004 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1184, for the property generally located on the north side of FM 518 (Broadway Street), and on the west side of Zapalac Road Honorable Mayor and Council Members: At their regular meeting of August 16, 2004 the Planning and Zoning Commission considered the request for a zone classification change from Suburban Development District (SD) to General Business District (GB), on the following property: Legal Description: 6.7430 acres, out of a 39.3673 acre tract, as recorded in File No. 98-044746, as recorded in the Official Records of Brazoria County, Texas, and also being out of Lot 32, Allison Richey Gulf Coast Home Company's Part of Suburban Gardens, Section 19, as recorded in Volume 2, Page 23 and 24, Plat Records of Brazoria County, Texas, H.T. & B.R.R. Company Survey, Section 19, Abstract 234, Pearland, Brazoria County, Texas (generally located on the north side of FM 518 (Broadway Street), and on the west side of Zapalac Road) Commissioner Greiner made a motion to approve, seconded by Commissioner West. Motion to approve passed 4-0. Sincerely, Planning and Zoning Commission and cc: Pearland Plaza, Ltd. (owner), 16325 Westheimer Road, Houston, TX 77082 Bruce T. Fehr (applicant), 7400 Fannin Street, Suite 950, Houston, TX 77054 AFFIDAVIT OF PUBLICATION The Pearland Reporter. News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was u ' in Brazoria and Harris Counties in THE REPORTER NEWS, a news a p bushed circulation in Brazoria, Harris & Galveston Counties for P Per of general issues, as follows: No / Date 7 - 2U No. Date No. No. Date Date No. Date Subscribe and sworn to before me this LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 20 p�` • 20 20 20 20 da.) on -a -- President day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published July 28 and Aug. 4, 2004 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 NO. 1184 Notice is hereby given that on August 16, 2004, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City pf Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, wilt conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Bruce T. Fehr, applicant for Pearland Plaza, Ltd., owner, for an amendment to the Land Use •and Urban Development Ordinance of said City from classif cation Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: 6.7430 acres, out of a 39.3673 acre ` tract, as recorded in File No. 98- 044746,-as recorded in the Official Records of Brazoria County, Texas, and also being out of Lot`32, Allison Richey Gulf Coast Home Company's Part of Suburban Gardens, Section 19, as recorded in Volume 2, Page 23 and 24, Plat Records of Brazoria County, Texas, H.T. & B.R.R. Company Survey, Section 19, Abstract 234, Pearland, Brazoria County, Texas (Generally Located on the North Side of FM 518 (Broadway Street), and on the West Side of Zapalac Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Planner I Published July 28 and Aug. 4, 2004 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 NO. 1184 Notice is hereby given that on August 16, 2004, at 6:30 p.m., the City Co 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, 3519 Liberty Drive, Pearland, Texas, on the request of Bruce T. Fehr, applicant for Pearland Plaza, Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: 6.7430 acres, out of a 39.3673 acre tract, as recorded in File No. 98- 044746, as recorded in the Official Records of Brazoria County, Texas, and also being out of Lot 32, Allison Richey Gulf Coast Home Company's Part of Suburban Gardens, Section 19, as recorded in Volume 2, Page 23 and 24, Plat Records of Brazoria County, Texas, H.T.'& B.R.R. Company Survey, Section 19, Abstract 234, Pearland, Brazoria County, Texas (Generally Located on the North Side of. FM 518 (Broadway Street), and on the West Side of Zapalac, Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. Is/ Theresa Grahmann Planner I /rrIDAVI-[ OF PUBLICATION The Pearland Reporter. News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper published of general circulationinBrazoria, Harris &,.Galveston Counties, for / issues, as follows: No. % Date O 20 No. Date 20 No. • Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 President day of Laura Ann Emmons, Publisher Notary Public, State of Texas ao0 .���� JOINT PUBLIC HEARING AGENDA ITEM MEETING OF AUGUST 16, 2004 ZONE CHANGE APPLICATION NO. 1184 Existing Zoning: Suburban Development District (SD) Requested Zoning: General Business District (GB) Location or Address of Property: Generally Located on the North Side of FM 518 (Broadway Street), and on the West Side of Zapalac Road Property Owner: Pearland Plaza, Ltd. Applicant: Bruce T. Fehr SUMMARY: The applicant is requesting a change in zoning on the subject property for general business uses. The subject property was annexed into the City in 1995 and subsequently zoned SD. The subject property is currently undeveloped. The applicant has indicated that he plans to construct a retail shopping center on the subject property if the zone change is approved. SURROUNDING ZONING AND LAND USES: North Zoning Land Use Suburban Development Undeveloped tract District (SD) Zone Change'Application No. 1184 Page 1 • South East West JOINT PUBLIC HEARING AGENDA ITEM MEETING OF AUGUST 16, 2004 Commercial District (C), and Commercial District (C(S)) with an approved specific use permit for storage and mini warehouse Commercial District (C) General Business District (GB) Service Station and Convenience Store; Restaurant; Mini -Storage Facility Single family residence and accessory buildings Kroger Shopping Center CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting a GB zoning district. The minimum lot size for the GB district is 22,500 square feet and the minimum lot width is 150 feet. The subject property meets these requirements; the subject property is 6.74 acres in size and has approximately 743 feet of frontage along Broadway Street. The applicant will be responsible for complying with all other space limitations of the GB zoning district. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends Business Commercial Uses for the subject property and properties to the north and east. The Comprehensive Plan further indicates that the appropriate zoning districts for Business Commercial are the General Business District (GB) and the Commercial District (C). Therefore, the proposed zone change conforms to the Comprehensive Plan. (The Business Commercial designation is a new term created by the 2004 Comprehensive Plan to replace the previous designation of General Business.) CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Broadway Street, a major thoroughfare with an ultimate right-of-way of 120 feet. Additional right-of-way for Broadway Street may be required when the subject property is platted for development. The subject property also has frontage on Zapalac Road, a local/residential street. Zone Change Application No. 1184 Page 2 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF AUGUST 16, 2004 IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The subject property is appropriate for a general business zoning district due to its location on Broadway Street, a major thoroughfare, and due to the surrounding non-residential zoning districts located at this major intersection. The area is largely developed with retail and shopping centers. The proposed retail use is consistent with existing development and zoning districts within the area. A traffic impact analysis may be required to be submitted by the developer of the subject property as it is developed, in order to determine the traffic impact of the proposed development as well as driveway separations along the fronting roadways. PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published in the local newspaper, and a Zoning Sign was placed on the subject property. STAFF RECOMMENDATION: Staff recommends approval of the zone change for GB, as proposed by the applicant, for the following reasons: 1. The proposed zone change provides for Business. Commercial Uses as recommended by the Comprehensive Plan. 2. The proposed zone change is consistent with existing general business zoning districts and existing uses along Broadway Street and at this intersection. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan Zone Change Application No. 1184 Page 3 CITY OF PEARLAND 3523 Liberty Drive (Community Center), Pearland, Texas 77581 281-652-1742 FAX 281-652-1702 www.ci.pearland.tx.us ZONE CHANGE APPLICATION NO. 1184 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, REGARDING: A request by Bruce T. Fehr, applicant for Pearland Plaza, Ltd., owner, for an amendment to the Land. Use and Urban Development Ordinance of said City from classification Suburban • Development District (SD) to General Business District (GB), on the following described property, to wit: 6.7430 acres, out of a 39.3673 acre tract, as recorded in File No. 98-044746, as recorded in the Official Records of Brazoria County, Texas, and also being out of Lot 32, Allison Richey Gulf Coast Home Company's Part of Suburban Gardens, Section 19, as recorded in Volume 2, Page 23 and 24, Plat Records of Brazoria County, Texas, H.T. & B.R.R. Company Survey, Section 19, Abstract 234, Pearland, Brazoria County, Texas (Generally Located on the North Side of FM 518 (Broadway Street), and on the West Side of Zapalac Road) PUBLIC HEARINGS WILL BE HELD IN THE COUNCIL CHAMBER OF CITY HALL LOCATED AT 3519 Liberty Drive, Pearland, Texas on MONDAY, AUGUST 16, 2004, AT 6:30 P.M. An application and map are enclosed for your information. This notice has been sent to all owners of real property within 200 feet of the request, as such ownership appears on the last approved city tax roll, in accordance with notification guidelines established by City Ordinance and State law. At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. If you are unable to attend, but wish to have your opinions made a part of the public record, please complete the enclosed form and return it prior to the public hearing. If you have any questions or need additional information please contact the City of Pearland Planning Department at (281) 652-1742 or tgrahmann@ci.pearland.tx.us. VIII an'is N311113 11111111 KROGER TEXAS LP FM 518 & CULLEN PROPERTY PARTNERES I I--i 1 FM 518 & CULLEN PROPERTY PARTNERES �rI � h. FAVOR WILLIAM M CT � SUBJE PROPERTY 200' NOTIFICATION LIMITS 51 SYSTEM CAPITAL REAL PROP CORP VIADA AGNES M CHONG'S ASSOCIATES INC QUALITY STORAGE LTD • • SILVERLAKE VILLAGE ZAPALAC ROBIN D FAVOR WILLIAM M 11 11 s� AAMOW GLASS 518 JOINT VENTURE I'I GLASS 518 JOINT VENTURE I GLASS 518 JOINT VENTURE MEDREN INVESTMENT CORP OWNERSHIP MAP Zone Change Application No. 1184 Owner/Applicant: Pearland Plaza Ltd/Bruce T. Fehr Change: SD - GB 0 200 400 Feet 1''11 I TAX ACCOUNT 02430067110 02430060000 30950001002 30950001003 02430017110 02430060110 02430017000 30950001004 02420002005 02420002005 02420002005 68510000002 68510000001 02420019110 03090037000 OWNER ZAPALAC ROBIN D FM 518 CULLEN-BPI RLTY-GARY FERGUSON KROGER TEXAS LP SILVERLAKE VILLAGE LP FAVOR WILLIAM M PEARLAND PLAZA LTD BRUCE T FEHR FM 518 CULLEN-BPI RLTY-GARY FERGUSON FAVOR WILLIAM M SYSTEM CAPITAL REAL PROP %WSCC INC GLASS 518 JV %GEORGE S GLASS MD TRS GLASS 518 JV %GEORGE S GLASS MD TRS GLASS 518 JV %GEORGE S GLASS MD TRS MEDREN INVESTMENT CORP QUALITY STORAGE LTD CHONG'S ASSOCIATES INC VIADA AGNES M ZONE CHANGE APPLICATION NO. 1184 Property Owner Notification List ADDRESS 2539 ZAPALAC RD 11753 W BELLFORT ST STE 114 PO BOX 1309 1800 BERING DR STE 550 8027 BROADWAY ST 16325 WESTHEIMER RD 7400 FANNIN ST STE 950 11753 W BELLFORT ST STE 114 8027 BROADWAY ST 2817 MILLER RANCH RD #337 3232 HUNTINGDON PL 3232 HUNTINGDON PL 3232 HUNTINGDON PL 1804 SLEEPY HOLLOW DR 10575 WESTOFFICE DR 2719 BELGRAVIA 2718 OLD CHOCOLATE BAYOU RD CITY ST ZIP CODE LEGAL DESCRIPTION PEARLAND TX 77581-7776 STAFFORD TX 77477-1327 HOUSTON TX 77251-1309 HOUSTON TX 77057-3169 PEARLAND TX 77581-7760 HOUSTON TX 77082 HOUSTON TX 77054 STAFFORD TX 77477-1327 PEARLAND TX 77581-7760 PEARLAND TX 77584-9722 HOUSTON TX 77019-5926 HOUSTON TX 77019-5926 HOUSTON TX 77019-5926 PEARLAND TX 77581-5738 HOUSTON TX 77042-5310 PEARLAND TX 77584 PEARLAND TX 77584-8977 A0243 H T & B R R, TRACT 47A-47A1, ACRES 4.990 A0243 H T & B R R, TRACT 30-31, ACRES 16.7864 CULLEN CROSSING (A243 HT&B) RES C, ACRES 6.0949 CULLEN CROSSING (A243 HT&B) RES D, ACRES 1.2457 A0243 H T & B R R, TRACT 48A2, ACRES 0.986 A0243 HT & B R R, TRACT 32, ACRES 7.6501 A0243 HT&BR R, TRACT 48A, ACRES 1.481 CULLEN CROSSING (A243 HT&B) RES E, ACRES 0.8072 A0242 HT&BR R, TRACT 1, ACRES 10.169 A0242 H T & B R R, TRACT 1, ACRES 10.169 A0242 HT&BR R, TRACT 1, ACRES 10.169 OLD CHOC BAYOU (A242 HT&B), LOT 2, ACRES 1.569 OLD CHOC BAYOU (A242 HT&B), LOT 1, ACRES 0.793 A0242 HT&BR R, TRACT 1B1, ACRES 0.781 A0309 H T & B R R, TRACT 27, ACRES 0.480 FUTURE LAND USE PLAN *adopted July 26, 2004 Zone Change Application No. 1184 Owner/Applicant: Pearland Plaza Ltd/Bruce T. Fehr Change: SD - GB W E 0 200 400 Feet liiil I BROADWAY ST all. SUBJECT 111 PROPERTY FREEDOM DR SD m R"1 v111111111 1 Ad, Th A Il y ill 518) y4 co NIPPER LN ZONING MAP Zone Change Application No. 1184 Owner/Applicant: Pearland Plaza Ltd/Bruce T. Fehr Change: SD - GB W E 0 200 400 Feet li11l I