Ord. 509-746 11-08-04ORDINANCE NO. 509-746
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 3.394 ACRES OF LAND, BEING A PART OF
LOT 7 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S
SUBURBAN GARDENS SUBDIVISION OF SECTION 21, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 309, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE PLAT AS RECORDED IN VOLUME 2, PAGES 23 AND
24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF BROADWAY STREET (FM 518) AND ON
THE EAST SIDE OF OWER LANE) (APPLICATION NO. 1196) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF BRAZOSPORT
CARDIOLOGY, APPLICANT FOR CHARLES W. KENNEDY, JR., TRUSTEE,
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, Brazosport Cardiology, applicant for Charles W. Kennedy, Jr.,
Trustee, owner, filed on September 17, 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 18th day of October, 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 27th day of October, 2004, the Planning ` and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Brazosport Cardiology, applicant for
1
ORDINANCE NO. 509-746
Charles W. Kennedy, Jr., Trustee, 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 November 8, 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 Brazosport Cardiology, applicant for Charles Kennedy, Jr., Trustee,
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:
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:
3.394 acres of land, being a part of Lot 7 of the Allison Richey Gulf Coast Home
Company's Suburban Gardens Subdivision of Section 21, H.T. & B.R.R.
Company Survey, Abstract 309, Brazoria County, Texas, according to the plat as
recorded in Volume 2, Pages 23 and 24, Plat Records of Brazoria County, Texas
(Generally Located on the South Side of Broadway Street (FM 518) and on the
East Side of Ower Lane)
2
ORDINANCE NO. 509-746
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
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
ORDINANCE NO. 509-746
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 8th day of
November , 2004.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
22nd day of November , 2004.
ATTEST:
6�
NG
Y S RETARY
APPROVED AS TO FORM:
Gam,
DARRIN M. COKER-.
CITY ATTORNEY
4
TOM REID
MAYOR
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
rij Change in Zoning Classification from: SD to:
(list current zoning)
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
GB'
(list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: `J 1(Z. t WVL
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):9 t"lGU,1U'Q - ho sinclures on pro Peril
�j,
Future/proposed use of property and reason for zone change: Of lee bitil no
PROPERTY OWNER
! INfFOR ATION: --{' 1
NAME C.i' a. ) CJ 10 • �.�lY�'P� i . f rk9ee
ADDRESS gibLi BIru�Ie
CITY 46 (1S4T3} 1 STATE ZIP 1 i o S
PHONE(1)3 ) /8q- /1 3
FAX(1)3 a.)-5564
E-MAIL ADDRESS
APPLICANT INFORMATION: nn,,. '''
NAME 'Brazos port Cardi I
ADDRESS lS Ua,K. 11^1 ve So .+eL
CITY Lat1S6AOYNSTATE TY ZIP `775b%
PHONE( Cnq) 291- 54+81
FAX(glg ) 291 " C 11
E-MAIL ADDRESS bc- elai n ecz 3 b db.corn
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:
a‘es se).
let.Date: d " / y— ° y
Date:
OFFICE USE ONLY: FEES PAID: ri 5 0 4 DATE PAID: cl/ff1 /oH
RECEIVED BY: % APPLICATION NO. /1967
LOCATION MAP
Zone Change Application No. 1196
Owner/Applicant: Charles W. Kennedy/
Brazosport Cardiology
Change: SD - GB
0 200 400 Feet
Iiiil
AFFIDAVIT OF PUBLICATION
The Pearla.nd 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 1 issues, as follows:
No. ) Date /D 706 20 is
No. Date 20
No. Date
20
No. Date 20
- No. Date 20
Subscribe and sworn to before me this O 7
00•.a••... •••• •• 1• a. •••••••-••••.•.•
•
• •.
•.
LAURA ANN EMMONS
Notary Public, State of limas
Commission Expires 09-09-2006
a
a
day of
L ura Ann Emmons, Publisher.
Notary Public, State of Texas
29 & Oct. 6,
NOTICE OF A JOINT
PUBUC HEARING OF THE
CITY COUNCIL
AND
THE PLANNING AND
• ZONING COMMISSION OF
THE CITY OF PEARLAND,
t TEXAS
ZONE CHANGE'
APPLICATION NO. 1196
f Notice is hereby given that
on October 18, 2004, at
s 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
i public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
t Texas, on the request of
Brazosport Cardiology,
applicant for Charles W.
Kennedy, Jr. Trustee,
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:
3.394 acres of land, being a
part of Lot 7 of the Allison
Richey Gulf, Coast Home
Company's Suburban
Gardens Subdivision of
Section 21, H,T. & B.R.R.
Company Survey, Abstract
309, Brazoria County,
Texas, according to the plat
as recorded in Volume 2,
. Pages 23 and 24, Plat
Records of Brazoria County,
Texas (Generally Located
on the South Side of
o Broadway Street (FM 518)
and on the East Side of
Ower Lane)
Atsaid hearing all iiderest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
is/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 newspaper of general
circulationinBrazoria, Harris &..Galveston Counties, for / issues, as folios:
No. ) Date G% Z'
No. Date 20
No. • Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this gO
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
mom_
President
day of
° Laura Ann Emmons, Publisher'
Notary Public, State of Texas
PublishedSept: 29 & Oct. 6,
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.1196
Notice is hereby given that
on October 18, 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
Brazosport Cardiology,
applicant for Charles W.
Kennedy, Jr, Trustee,
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:
3.394 acres of land, being a
part of Lot 7 of the Allison
Richey Gulf Coast Home
Company's Suburban
Gardens Subdivision of
II Section 21, H.T. & B.R.R.
Company Survey, Abstract
309, Brazoria . County,
Texas, according to the plat
as recorded in Volume 2,
Pages 23 and 24, Plat
Records of Brazoria County,
Texas (Generally Located
on the South Side of
Broadway Street (FM 518)
and on the East Side of
Ower Lane)
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
P1annin5 & Zonin; Commission
City of Pearland
November 1, 2004
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1196 for the property generally
located on the south side of Broadway Street (FM 518) and on the east side of Ower Lane
Honorable Mayor and Council Members:
At their regular meeting of October 18, 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: 3.394 acres of land, being a part of Lot 7 of the Allison Richey
Gulf Coast Home Company's Suburban Gardens Subdivision of Section 21,
H.T.&B.R.R. Company Survey, Abstract 309, Brazoria County, Texas, according to the
plat as recorded in Volume 2, pages 23 and 24, Plat Records of Brazoria County, Texas
(generally located on the south side of Broadway Street (FM 518) and on the east side of
Ower Lane)
Commissioner Ransom made a motion to approve, and Commissioner West seconded.
Motion was approved 5-0.
Sincerely,
Planning and Zoning Commission
and
cc: Charles W. Kennedy, Jr., Trustee, 2764 Bingle, Houston, TX 77055
Brazosport Cardiology (applicant), 215 Oak Drive South, Suite L, Lake Jackson, TX 77566
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF OCTOBER 18, 2004
ZONE CHANGE
APPLICATION
NO. 1196
Existing Zoning: Suburban Development District (SD)
Requested Zoning: General Business District (GB)
Location or Address of Property: Generally Located on the South Side of
Broadway Street (FM 518), and on the East
Side of Ower Lane
Property Owner: Charles W. Kennedy, Jr.
Applicant: Brazosport Cardiology
SUMMARY: The applicant is requesting 'a change in zoning on the subject property for
general business district uses. Thesubject property was annexed into the.City in 1996
and subsequently zoned SD. . The subject property is currently undeveloped. The
applicant has indicated that they plan to construct a medical office building on the subject
property if the zone change is approved.
SURROUNDING ZONING AND LAND USES:
Zoning
North General Business District Undeveloped tracts
(GB)
South Suburban Development Undeveloped tracts
District (SD)
Land Use
Zone Change Application No. 1196 -
- - - Page 1
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF OCTOBER 18, 2004
East General Business District Undeveloped tracts
(GB)
West Suburban Development Undeveloped tracts
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 meets
these requirements; the subject property is approximately 3.4 acres in size and has
approximately 300 feet of frontage along FM 518 (Broadway Street).
The applicant will be responsible for complying with all other space limitations of the GB
zoning district, such as yard setback requirements.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Retail, Office, and Services" for the
subject property and for the properties along Broadway Street in the subject area. The
Comprehensive Plan further indicates that the appropriate zoning districts for Retail, Office,
and Services are the General Business District (GB), the Office and Professional District
(OP), and the Neighborhood Service District (NS). Therefore, the proposed zone change
to General Business District conforms to the Comprehensive Plan. _
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. The
subject property is also adjacent to Ower Lane, which is designated as a minor collector
street on the Thoroughfare Plan. Ower Lane is not improved at this time. Since the
subject property is adjacent to Ower Lane, the applicant will be responsible for providing a
right-of-way dedication for Ower Lane when the subject property is platted for
development. Ower Lane is proposed to be aligned at Broadway Street with Sunrise.
Meadow Drive. Sunrise Meadow Drive is in the process of being constructed with the.
residential subdivision it serves. At this time, it appears that Ower Lane, which is just a dirt
road, is offset from Sunrise Meadow Drive. The applicant will be responsible for providing
a right-of-way dedication for Ower Lane that will allow it to align with Sunrise Meadow
Drive.
Ower Lane is proposed to extend to the south and the east to serve existing and future
residential subdivisions to the south, and will eventually connect to Cullen Boulevard/Old
Chocolate Bayou Road. Ower Lane will be constructed as development occurs and is not.:...
currently a road that the City will construct.
Zone Change Application No. 1196.
Page 2
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF OCTOBER 18, 2004
The applicant may be responsible for providing a traffic impact analysis (TIA) for the
subject property as it is platted for development, in order to determine the impact of the
proposed development on existing and future roadways, as well as the number and
location of drive approaches on Broadway Street and Ower Lane.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The lots directly to the east of
the subject tract are zoned for general business, as are the tracts to the north of the
subject property on the north side of Broadway Street. The Comprehensive Plan does
designate a majority of the land fronting Broadway Street for retail, office, and service uses,
and it is anticipated that land fronting Broadway Street will be developed in accordance
with the Comprehensive Plan.
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 Retail, Office, and Service Uses as
recommended by the Comprehensive Plan.
2. The proposed zone change is consistent with existing general business uses and
zoning districts along Broadway Street in the subject area. . . .
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. 1196
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. 1196
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 Brazosport Cardiology, applicant for Charles W. Kennedy, Jr.
Trustee, 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:
3.394 acres of land, being a part of Lot 7 of the Allison Richey Gulf
Coast Home Company's Suburban Gardens Subdivision of Section
21, H.T. & B.R.R. Company Survey, Abstract 309, Brazoria County,
Texas, according to the plat as recorded in Volume 2, Pages 23
and 24, Plat Records of Brazoria County, Texas (Generally Located
on the South Side of Broadway Street (FM 518) and on the East
Side of Ower Lane)
PUBLIC HEARINGS WILL BE HELD IN THE
COUNCIL CHAMBER OF CITY HALL
LOCATED AT
3519 Liberty Drive, Pearland, Texas
on
MONDAY, OCTOBER 18, 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 approvedcity 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.
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OWNERSHIP MAP
Zone Change Application No. 1196
Owner/Applicant: Charles W. Kennedy/
Brazosport Cardiology
Change: SD - GB
W+E
0 200 400 Feet
TAX ACCOUNT
07210007110
05060059000
05060059000
03090006120
03090006000
03090006110
03090017000
03090017110
'03090027130
ZONE CHANGE APPLICATION NO. 1196
Property Owner Notification List
OWNER
FM 518 WEST LTD%BPI
FM 518 WEST LTD%BPI
FM 518 WEST LTD%BPI
BRAZOSPORT CARDIOLOGY
KENNEDY CHARLES W JR TR
EARHART FRED III TR%CHARLES W KENNEDY JR
KENNEDY CHARLES W JR TR
KENNEDY CHARLES W JR TR
KENNEDY CHARLES W JR TR
GAFFORD ANNE PARMESAN
ADDRESS
11753 W BELLFORT ST STE 114
11753 W BELLFORT ST STE 114
11753 W BELLFORT ST STE 114
215 OAK DR SOUTH STE L
2764 BINGLE RD
2764 BINGLE RD
2764 BINGLE RD
2764 BINGLE RD
2764 BINGLE RD
9926 GOLD CUP WAY
CITY
ST ZIP CODE
STAFFORD TX
STAFFORD TX
STAFFORD TX
LAKE JACKSON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
77477-1327
77477-1327
77477-1327
77566
77055-1135
77055-1135
77055-1135
77055-1135
77055-1135
77065-4122
LEGAL DESCRIPTION
A0721 J W MAXEY, TRACT 1C, ACRES 9.5704
A0506 H T & B R R, TRACT 14-15, ACRES 9.6569
A0506 H T & B R R, TRACT 14-15, ACRES 9.6569
A0309HT&BRR,
A0309 H T & B R R,
A0309 H T & B R R,
A0309HT&BRR,
A0309HT&BRR,
A0309HT&BRR,
TRACT 7B, ACRES 2.710
TRACT 7, ACRES 2.200
TRACT 7A, ACRES 3.4
TRACT 1-4, ACRES 7.990
TRACT 1A-4A, ACRES 10.000
TRACT 8, ACRES 0.813
ZONING MAP
Zone Change Application No. 1196
Owner/Applicant: Charles W. Kennedy/
Brazosport Cardiology
Change: SD - GB
0 200 400 Feet
1 1 1 1 1
FUTURE LAND USE PLAN
Zone Change Application No. 1196
Owner/Applicant: Charles W. Kennedy/
Brazosport Cardiology
Change: SD - GB
w
s
0 200 400 Feet
11111 1