Ord. 509-738 10-11-04ORDINANCE NO. 509-738
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 1.0927 ACRE TRACT OF LAND OUT OF THE
SOUTH 156.10 FEET OF LOT 44 OF THE ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISION OF SECTION 20, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS, ACCORDING TO
THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 23-24 OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF HILLHOUSE ROAD, AND NORTH OF FM
518 (BROADWAY STREET)) (APPLICATION NO. 1187) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF SILVER PEAR 518
BUSINESS PARK, LTD., APPLICANT FOR THEODORE AND MAMMIE
MOORE, OWNERS, 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, Silver Pear 518 Business Park, Ltd., Applicant for Theodore and
Mammie Moore, Owners, filed on July 26, 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 20th day of September, 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 29rd day of September, 2004, the Planning and Zoning
1
ORDINANCE NO. 509-738
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Silver Pear 518 Business Park, Ltd.,
Applicant for Theodore and Mammie Moore, Owners, 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 October 11, 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 Silver Pear 518 Business Park, Ltd., Applicant for Theodore and
Mammie Moore, owners, 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:
1.0927 acre tract of land out of the south 156.10 feet of Lot 44 of the
Allison Richey Gulf Coast Home Company Subdivision of Section 20, H.T.
& B.R.R. Company Survey, Abstract 506, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 2, Page 23-24 of
the Plat Records of Brazoria County, Texas (Generally Located on the
East Side of Hillhouse Road, and North of FM 518 (Broadway Street))
2
ORDINANCE NO. 509-738
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. 509-738
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 llth day of
October , 2004.
TOM REID
MAYOR
ATTEST:
YOU
CITY
*AtAAAi /.11�l r
LORFIN TRMC
ECRETA.
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
25th day of October , 2004.
P„
TOM REID
MAYOR
4
ORDINANCE NO. 509-738
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
12 Change in Zoning Classification from:
5D
New E_
(list current zoning)
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
to: tch rzt
(list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information: �r
Address: _s _ A- // 1 %% �i d�:t� ���r % C X 7 s T f
Subdivision: Lot: 4" i il Block:
Tax I.D. Number: C CO 6- 0 1 3 7 6,
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): (/ 9 ':a 4 7 c it
Proposed use of property: n
PROPERTY OWNER INFORMATION:
NAME 7-4.i C.c7e e, 1-Ma pi
ADDRESS 2 6.3 a
CITY Pe_=. // r. x ,jl STATE I ZIP 7 7S
PHONE( ,4 / ) 3"
FAX( )
E-MAIL ADDRESS
APPLICANT/AGENT INFORMATION:
NAME $[f , / Sr7 .; r"44_)
ADDRESS E/ L/ .r5'
4. v r • 5 1 e 121 x
CITY /1MA, STATE 77( ZIP 77OTC'
PHONE( 2 frY ) O ? 1 / `7
FAX( 7/ ) ? '' .2. — 71 7'3
E-MAIL ADDRESS / le,s- _ s / F .
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 Signature: '!
Agent's Signature:
pl G :-n4-1.s:;
/ Date: �� 02,,. -
Date: 7 -.4). - Kf
OFFICE USE ONLY:
FEES PAID: 9 t7,5
RECEIVED BY:
DATE PAID: 7— — 0 9
APPLICATION NO. 'leg
LOCATION MAP
Zone Change Application No. 1187
Owner/Applicant: Theodore Moore/ 0 200 400 Feet
Silver Pear 518 Business Park
Change: SD - GB
N
W E
s
AFFIDAVIT OF PUBLICA
TION
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
circulation in Brazoria, Harris &,.Galveston Counties, for P Per of general
--�— issues, as folios:
No. _ I Date
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
20
20
20
20
T an -a --
President
day of
Laura Ann Emmons, Publisher`
Notary Public, State of Texas
Published Sept. 1 & Sept. 8,
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. 1187
Notice is hereby given that
on September 20, 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
Silver Pear 518.Business
Park, Ltd., applicant for
Theodore and Mammie
Moore, owners, 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:
1.0927 acre tract of land out
of the south 156.10 feet of
Lot 44 of the Allison Richey
Gulf Coast Home Company
Subdivision of Section 20,
H.T. & B.R.R. Company
Survey, Abstract 506,
Brazoria County, Texas,
according to the map or plat
thereof recorded in Volume
2, Page 23.24 of the Plat
Records of Brazoria County,
Texas (Generally Located
on the East Side of
Hillhouse Road, and North
of FM 518 (Broadway
Street)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Senior Planner
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
circulationrin Brazoria, Harris &..Galveston Counties, for newspaper of general
issues, as folloWs:
No. Date
•
20 '
No. Date
20
No. Date
20
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
20
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Ae
Published Sept. 1 & Sept. 8,
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. 1187
Notice is hereby, given that
on September 20, 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
Silver Pear 518 Business
Park, Ltd., applicant for
Theodore and Mammie
Moore, owners, 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:
1.0927 acre tract of land out
of the south 156.10 feet of
Lot 44 of the Allison Richey ._
Guff Coast Home Company
Subdivision of Section 2Q,
H.T. & B.R.R. Company
Survey, Abstract 506,
Brazoria County, Texas,
according to the map or plat
thereof recorded in Volume
2, Page 2324 of the Plat
Records of Brazoria County,
Texas (Generally Located
on the East Side of
Hillhouse Road, and North
of FM 518 (Broadway
Street)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
Is/ Theresa Grahmann
Senior Planner
Planning & Zonin Commission
City of Pearland
October 4, 2004
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1187, for the property generally
located on the east side of Hillhouse Road, and north of FM 518 (Broadway Street)
Honorable Mayor and Council Members:
At their regular meeting of September 20, 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: 1.0927 acre tract of land out of the south 156.10 feet of Lot
44 of the Allison Richey Gulf Coast Home Company Subdivision of Section 20,
H.T. & B.R.R. Company Survey, Abstract 506, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 2, Page 23-24 of the Plat
Records of Brazoria County, Texas (generally located on the east side of
Hillhouse Road and north of FM 518 (Broadway Street))
Commissioner Greiner made a motion to approve, and Commissioner West seconded.
Motion to approve passed 7-0.
Sincerely,
Planning and Zoning Commission
and
cc: Theodore and Mammie Moore (owners), 2657 Hillhouse Road, Houston, TX 77584
Silver Pear 518 Business Park, Ltd. (applicant), 6161 Savoy, Suite 1212, Houston, TX 77036
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF SEPTEMBER 20, 2004
ZONE CHANGE
APPLICATION
NO. 1187
Existing Zoning: Suburban Development District (SD)
Requested Zoning: General Business District (GB)
Location or Address of Property: Generally Located on the East Side of
Hillhouse Road, and North of FM 518
(Broadway Street)
Property Owner: Theodore and Mammie Moore
Applicant: Silver Pear 518 Business Park Ltd.
SUMMARY: The applicant is requesting a change in zoning on the subject property for
general business district uses. The subject property was annexed into the City in 1998
and subsequently zoned SD. The tract to the west of the subject property is currently
developed with a single family residence. The applicant has indicated that they have
purchased the eastern portion of the lot at 2657 Hillhouse Road, and plan to utilize the
eastern portion of the lot for storm water detention facilities to serve the retail development
occurring at the northeast corner of FM 518 (Broadway Street) and Hillhouse Road. Since
the subject property does not have frontage on a public right-of-way, the applicant will be
required combine the subject property with the adjoining property facing Broadway Street
when a plat is submitted for the retail development to the south.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Suburban Development Single family residence;
District (SD) Undeveloped tract
Zone Change Application No. 1187
Page 1
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF SEPTEMBER 20, 2004
South General Business District Retail and office buildings; future
(GB) retail and office buildings
East General Business District Undeveloped tract
(GB)
West Suburban Development Single family residence
District (SD)
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 does not.
meet these requirements; however, the subject property is proposed to be developed with
a detention pond to serve the retail/office development to the south. Therefore, the subject
property will have to be platted with the retail/office development to the south, thereby
making it a part of a larger tract that does comply with the GB zoning district:
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 for the surrounding properties on Hillhouse Road. The Comprehensive Plan
further indicates that the appropriate zoning districts for Business Commercial Uses are the
General Business District (GB) and the Commercial District (C). Therefore, the proposed
zone change conforms to the Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property does not have
frontage on any street, but will be incorporated into the plat for the property to the south,
which has frontage on both Hillhouse Road and FM 518 (Broadway Street).
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The subject property and
surrounding areas are all planned to be developed with commercial uses, retail uses, and
office uses. The proposed zone change is consistent with surrounding zoning districts and
uses.
Zone Change Application No. 1187
Page 2
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF SEPTEMBER 20, 2004
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 uses, retail
uses, and office uses, and GB zoning districts along FM 518 (Broadway Street),
Hillhouse Road, and Cullen Boulevard.
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. 1187
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. 1187.
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 Silver Pear 518 Business Park, Ltd., applicant for Theodore
and Mammie Moore, owners, 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:
1.0927 acre tract of land out of the south 156.10 feet of Lot 44 of
the Allison Richey Gulf Coast Home Company Subdivision of
Section 20, H.T. & B.R.R. Company Survey, Abstract 506, Brazoria
County Texas, according to the map or plat thereof recorded in
Volume 2, Page 23-24 of the Plat Records of Brazoria County,
Texas (Generally Located on the East Side of Hillhouse Road, and
North of FM 518 (Broadway Street))
PUBLIC HEARINGS WILL BE HELD IN THE
COUNCIL CHAMBER OF CITY HALL
LOCATED AT
3519 Liberty Drive, Pearland, Texas
on
MONDAY, SEPTEMBER 20, 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
suchownership 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.
c
z
0
O
m
0H 3St10H1 11H
200' NOTIFICATION LIMITS'';
`SUBJECT PROPERTY
SIMMONS ANDREW
MOORS-THEODORE
&,MAMMIE,.:;:
VINCENT LAURENCE D
..BLALOCK GARY-LEE & LINDA L
I
111
PHE=PEARLAND INTERESTS LTD
EXXON. MOBIL CORPORATION',
EXXON MOBIL
CORPORATION'`.
SAVELL"C R"
SEIS-D':,LP
FM 518 BROADWAY ST
OWNERSHIP MAP
N
W E
Zone Change Application No. 1187 s
Owner/Applicant: Theodore Moore/ 0 200 400 Feet
Silver Pear 518 Business Park 1 1 1 1 1 I
Change: SD - GB
TAX ACCOUNT
05060046120
05060048000
05060037000
05060046120
05060045000
25850001001
05060058001
05060058000
25850001002
OWNER
EXXON MOBIL CORPORATION
SIMMONS ANDREW
SILVER PEAR 518 BUSINESS PARK
SILVER PEAR 518 BUSINESS PARK
MOORE THEODORE & MAMMIE
EXXON MOBIL CORPORATION
SAVELL C R
PHE-PEARLAND INTERESTS LTD
BLALOCK GARY LEE & LINDA L
VINCENT LAURENCE D
SEIS-D LP
ZONE CHANGE APPLICATION NO. 1187
Property Owner Notification List
ADDRESS
601 JEFFERSON ST STE 432-A
4830 MALLOW ST
6161 SAVOY STE 1212
8701 W BROADWAY
2657 HILLHOUSE RD
601 JEFFERSON ST STE 432-A
8535 BROADWAY ST
7757 SAN FELIPE ST STE 204
8701 BROADWAY ST
508 N TEXAS AVE
7757 SAN FELIPE ST STE 204
CITY
ST ZIP CODE LEGAL DESCRIPTION
HOUSTON TX
HOUSTON TX
HOUSTON TX
PEARLAND TX
PEARLAND TX
HOUSTON TX
PEARLAND TX
HOUSTON TX
PEARLAND TX
W EBSTER TX
HOUSTON TX
77002-7900
77033-4006
77036
77581
77584-2752
77002-7900
77584-7717
77063-1606
77584-7721
77598-4930
77063-1606
A0506 H T & B R R, BLOCK 1, TRACT A, EXXON, ACRES 1.606
A0506 H T & B R R, TRACT 44, ACRES 7.000
A0506 H T & B R R, TRACT 44A, ACRES 3.000
A0506 H T & B R R, BLOCK 1, TRACT A, EXXON, ACRES 1.606
A0506 H T & B R R, TRACT 60, ACRES 1.695
CENTRAL OFFICE PARK (A506 HT&B), BL 1, LOT 1, ACRES 2.2638
A0506 H T & B R R, TRACT 45D-45B1, ACRES 1.293, PEARLAND
A0506 H T & B R R , TRACT 45-45B, ACRES 3.6771, PEARLAND
CENTRAL OFFICE PARK (A506 HT&B), BL 1, LOT 2, ACRES 1.2611
SUBJECT PROPERTY
ZONING MAP
Zone Change Application No. 1187
Owner/Applicant: Theodore Moore/ 0 200 400 Feet
Silver Pear 518 Business Park
Change: SD - GB
W E
FUTURE LAND USE PLAN
Zone Change Application No. 1187
Owner/Applicant: Theodore Moore/
Silver Pear 518 Business Park
Change: SD - GB
s
0 200 400 Feet
11111