Ord. 509-734 09-13-04ORDINANCE NO. 509-734
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 LOT 7, BLOCK 9, HICKORY CREEK PLACE,
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE EAST SIDE
OF GARDEN ROAD, AND ON THE SOUTH SIDE OF MARSHA LANE)
(APPLICATION NO. 1183) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO OFFICE AND PROFESSIONAL DISTRICT
(OP) AT THE REQUEST OF RICHARD GONZALEZ, 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, Richard Gonzalez, Owner, filed on July 9, 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
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Richard Gonzalez, Owner, whereby
the Commission recommended approval of the change of classification for the
described property from its existing classification of Suburban Development District
1
ORDINANCE NO. 509-734
(SD) to Office and Professional District (OP); 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 Richard Gonzalez, 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 Office and Professional District (OP), such property being more
particularly described as:
Lot 7, Block 9, Hickory Creek Place, Pearland, Brazoria County, Texas
(Located on the East Side of Garden Road, and on the South Side of
Marsha Lane)
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
2
ORDINANCE NO. 509-732
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
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
3
ORDINANCE NO. 509-734
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
September , 2004.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
27th day of September , 2004.
ATTEST:
NG
Y SE ETARY
APPROVED AS TO FORM:
c‘k
DARRIN M. COKER
CITY ATTORNEY
`—"TOM REID
MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
Change in Zoning Classification from:
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
to: `e)
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address:
t �C__ (-Q.� e.� e'ttt- Lot: r\ Block: \
Subdivision: �
Tax I.D. Number: S100-0119-oar%
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property \;
(type of structures on property): Q.-0,mm ��,�`�� J '�C k-- — U.S,z O� Ce-
Future/proposed use of property and reason for zone change:
PROF:= TTY OWNER INFORMATION:n APPLICANT INFORMATION:
NAME � L`--
K Y�o �`� iv\ i �Zc
Cm-0 Y1AC - NAME S(k (\ I"\S .rcoNe-ki f � C Wv\&_r
ADDRESS aL \ (c s 1(-1v &_ ` ADDRESS
CITY f L kxa✓xSTATE ZIP I-1'r1.50 CITY STATE ZIP
PHONE( 913 )( t 1- �Li Cam(aaga-s�IIPHONE( )
FAX( ) �� a FAX( )
E-MAIL ADDRESS C.e,� c- r w\7 a\e Z E-MAIL ADDRESS
c13.-x)-- v, rr . C.0 4Y\
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 a '= I understand that I am fully responsible for the correctness of the
legal description given.
,..---5
Owner's Signature: i Date: q 5
Agent's Signature: Date:
OFFICE USE ONLY: FEES PAID:
DATE PAID: /15/oy
RECEIVED BY: APPLICATION NO. / j gg
LOCATION MAP
Zone Change Application No. 1183
Owner/Applicant: Richard M. Gonzalez 0 200 400 Feet
Change: SD - GB hill 1
N
W E
s
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 published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties for
� issues, as follows:
No_
Date 7 - Zf
No. Date
No. Date
No. Date
No. Date
Subscribe and sworn to before me this
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
20 a51
20
20
20
20
T
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
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.1183
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 of
Pearland, in Brazoria, Hams
and Fort Bend Count,es
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Richard M. Gonzalez,
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:
Lot 7, Block 9, Hickory
Creek Place, Pearland,
Brazoria County, Texas
(Located on the East Side
of Garden Road, and on the
South Side of Marsha Lane)
At said hearing all interest-
ed parties shall havethe
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Planner I
IU-I I uAV IT 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 published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for /
issues, as follows:
No % Date I" 20 1
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
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. 1183
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 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
Richard M. Gonzalez,
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
theyfollowing dgibedn
preperty tb wd
-AIWA
Lot 7, Block 9, Hickory
Creek Place, ,Pearland,
Brazoria County, Texas
(Located on the East Side
of Garden Road, and on the
South Side of Marsha Lane)
At said hearing all interest-
ed parties shall have the
right and opportunity 1p
appear and be heard on the
subject.
/s/ Theresa Grahmann
Planner I
Planning & ZOurn Commission
City of Pearland
September 3, 2004
Honorable Mayor and City Council Members
3 519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1183, for the property generally
located on the east side of Garden Road, and on the south side of Marsha Lane
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: Lot 7, Block 9, Hickory Creek Place, Pearland, Brazoria
County, Texas (located on the east side of Garden Road, and on the south side of
Marsha Lane)
As discussed during the Joint Public Hearing, the applicant is agreeable to accept a zoning of
Office and Professional District (OP), rather than General Business District (GB). The applicant
had indicated that the permitted uses in OP fit with his future plans for the subject property.
Commissioner Greiner made a motion to approve as zone OP, seconded by Commissioner West.
Motion to approve passed 4-0.
Sincerely,
Planning and Zoning Commission
and
cc: Richard M. Gonzalez (owner), 2407 Kay Avenue, Pearland, TX 77581
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF AUGUST 16, 2004
ZONE CHANGE
APPLICATION
NO. 1183
Existing Zoning: Suburban Development District (SD)
Requested Zoning: General Business District (GB)
Location or Address of Property: Located on the East Side of Garden Road, and
on the South Side of Marsha Lane
Property Owner: Richard Gonzalez
Applicant:
Richard Gonzalez
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 1997 and
subsequently zoned SD. A large warehouse building currently exists on the subject
property. The applicant has indicated that he plans to conduct office and commercial uses
on the subject property if the zone change is approved.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Suburban Development Single family residence
District (SD)
South Suburban Development Various commercial, office, and
District (SD) general business uses
Zone Change Application No. 1183
Page 1
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF AUGUST 16, 2004
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The subject property may be
appropriate for a non-residential zoning district due to the surrounding non-residential land
uses that characterize Garden Road. Many of the properties to the north and south along
the east side of Garden Road are developed with non-residential land uses.
After the Zoning Board of Adjustment decision to deny the lot width variance, Staff
contacted the applicant and informed him that the GB district could not be requested
because the lot does not meet the GB standards. Instead, Staff informed the applicant that
he could request the Neighborhood Service District (NS), which has a minimum lot width of
100 feet. The NS district is intended to permit land uses that serve nearby residential
neighborhoods. The NS district allows a more limited range of uses as compared to the
GB district. For example, the NS district does not permit hotels, motels, auto sales and
repair, supermarkets, furniture or appliance stores, or sign companies, but the GB district
does allow these uses. Warehouses and storage buildings are not permitted in either the
GB or NS districts. The applicant has indicated that this is acceptable at this time.
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 denial of the zone change for GB due to
the subject property not meeting the standards of the GB district.
However, Staff recommends approval of a zone change for NS if the applicant desires, for
the following reasons:
1. The subject property meets the standards of the NS district.
2. A NS district would provide for mixed uses as recommended by the Comprehensive
Plan.
3. The uses allowed in NS would be consistent with existing non-residential land uses
within the subject area.
Zone Change Application No. 1183
Page 3
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF AUGUST 16, 2004
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. 1183
Page 4
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. 1183
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 Richard M. Gonzalez, 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:
Lot 7, Block 9, Hickory Creek Place, Pearland, Brazoria County,
Texas (Located on the East Side of Garden Road, and on the
South Side of Marsha Lane)
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.
SUBJECT PROPERTY
200' NOTIFICATION
LIST
ALLEN DAVID WAYNE & DEIRDRE WELCH
IMO
rag Ellalei
WATSON LILLIE ANN
WATSON LILLIE ANN
■
k
HENNING FORR
BEAM JAMES D & KERRI L
�- I
Mr%
AII1
NAVRICKA MICHAEL 1111CHAVEZ JOSEPH B■ CRANE TECHNOL
CHAVEZ7JOSEPH B
111.0 \0
v
23
BEAM JIM D & KERRI L
ARRIENS RICHARD L
n
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r
z
ALLEN GENEVIEVE F
OWNERSHIP MAP
Zone Change Application No. 1183
Owner/Applicant: Richard M. Gonzalez
Change: SD - GB
w
s
0 200 400 Feet
1 1 1 1 1 1
TAX ACCOUNT
48600076000
05040040107
48600078000
48600077000
05040040000
48600118000
48600119000
48600117000
48600120000
05040005120
48600116000
48600121000
48600122000
OWNER
WATSON LILLIE ANN
ALLEN DAVID WAYNE & DEIRDRE WELCH
HENNING FORREST LEE
WATSON LILLIE ANN
ALLEN GENEVIEVE F
BEAM JAMES D &KERRI L
RICHARD M GONZALEZ
CARRILLO HOPIE
BEAM JIM D &,KERRI L
CHAVEZJOSEPH B
VAVRICKA MICHAEL
ARRIENS RICHARD L
CHAVEZJOSEPH B
CRANE TECHNOLOGIES INC %T J HODGES
ZONE CHANGE APPLICATION NO. 1183
Property Owner Notification List
ADDRESS
PO BOX 134
2138 GARDEN RD
2206 KELLY DR
PO BOX 134
2138 GARDEN RD
2226 KELLY DR
2407 KAY AVE
27 N RIDGE DR
2226 KELLY DR
2405 WOODY RD
2230 GARDEN RD
2234 KELLY DR
2405 WOODY RD
PO BOX 3036
CITY
ST ZIP CODE LEGAL DESCRIPTION
PEARLAND TX 77588-0134
PEARLAND TX 77581-8739
PEARLAND TX 77581-8088
PEARLAND TX 77588-0134
PEARLAND TX 77581-8739
PEARLAND TX 77581-8089
PEARLAND TX 77581
ARKPORT NY 14807-9534
PEARLAND TX 77581-8089
PEARLAND TX 77581-3704
PEARLAND TX 77581-8741
PEARLAND TX 77581-8089
PEARLAND TX 77581-3704
PEARLAND TX 77588-3036
HICKORY CREEK PLACE (PEARLAND), BLOCK 6, LOT 10
A0504 HT&BR R, TRACT 38B, ACRES 3.210
HICKORY CREEK PLACE (PEARLAND), BLOCK 6, LOT 12-S/2 LOT 13
HICKORY CREEK PLACE (PEARLAND), BLOCK 6, LOT 11
A0504 H T & B R R, TRACT 38, ACRES 5.000
HICKORY CREEK PLACE (PEARLAND), BLOCK 9, LOT 6
HICKORY CREEK PLACE (PEARLAND), BLOCK 9, LOT 7
HICKORY CREEK PLACE (PEARLAND), BLOCK 9, LOT 5, A0219 H T & B
HICKORY CREEK PLACE (PEARLAND), BLOCK 9, LOT 8
A0504 H T & B R R, TRACT 39B, ACRES 3.300,
HICKORY CREEK PLACE (PEARLAND), BLOCK 9, LOT 4
HICKORY CREEK PLACE (PEARLAND), BLOCK 9, LOT 9
HICKORY CREEK PLACE (PEARLAND), BLOCK 9, LOT 10
ZONING MAP
Zone Change Application No. 1183
Owner/Applicant: Richard M. Gonzalez
Change: SD - GB
N
W E
s
0 200
I 1 1 1
400 Feet
I
FUTURE LAND USE PLAN
Zone Change Application No. 1183
Owner/Applicant: Richard M. Gonzalez
Change: SD - GB
*adopted July 26, 2004
0 200 400 Feet
III!! l