Ord. 509-757 02-28-05ORDINANCE NO. 509-757
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 15.0832 ACRES OF LAND, BEING ALL OF
LOT 60 OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION, SECTION 85, ABSTRACT 304, H. T. & B.R.R. COMPANY
SURVEY, RECORDED IN VOLUME 2, PAGE 107 OF THE BRAZORIA
COUNTY PLAT RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518
(BROADWAY STREET), AND ON THE WEST SIDE OF COUNTY ROAD 90
(HOOKS ROAD)) (APPLICATION NO. 1203) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF JAN CARRICO, APPLICANT FOR
GEORGE RAN ON BEHALF OF HATTIE MAE WOOD, VIRGLE WOOD HAWK,
BEATRICE WOOD THERIOT, LESLIE GORDON LIERE, AND RICHARD
DOUGLAS LIERE, 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, Jan Carrico, applicant for George Ran on behalf of Hattie Mae
Wood, Virgle Wood Hawk, Beatrice Wood Theriot, Leslie Gordon Liere, and Richard
Douglas Liere, owners, filed on November 29, 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 17th day of January, 2005, 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
1
ORDINANCE NO. 509-757
Section 28.3 and 28.4 of Ordinance No. 509; and
WHEREAS, on the 2nd day of February, 2005, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Jan Carrico, applicant for George
Ran on behalf of Hattie Mae Wood, Virgle Wood Hawk, Beatrice Wood Theriot, Leslie
Gordon Liere, and Richard Douglas Liere, 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 February 14, 2005; 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 Jan Carrico, applicant for George Ran on behalf of Hattie Mae
Wood, Virgle Wood Hawk, Beatrice Wood Theriot, Leslie Gordon Liere, and Richard
Douglas Liere, 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:
2
ORDINANCE NO. 509-757
15.0832 acres of land, being all of Lot 60 of the Allison Richey Gulf Coast
Home Company Subdivision, Section 85, Abstract 304, H. T. & B.R.R.
Company Survey, recorded in Volume 2, Page 107 of the Brazoria
County Plat Records, City of Pearland, Brazoria County, Texas (Generally
Located on the North Side of FM 518 (Broadway Street), and on the West
Side of County Road 90 (Hooks Road))
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.
3
ORDINANCE NO. 509-757
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
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of
February , 2005.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-757
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
28th day of February , 2005.
ATTEST:
APPROVED AS TO FORM:
,,,v,-: CX--
DARRIN M. COKER
CITY ATTORNEY
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
1-0
Ed Change in Zoning Classification from: 'StCdrrentzoning)
❑ Specific Use Permit Request for :
(list proposed use)
to:
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.oi. pearland.tx_us
(list proposed zoning)
Property Information:
Address: (''eR \ l �:y Jet i•� •� ,Z ��- 5�
Subdivision:CN il' j ' -' - Lot: _ (00 Block:
_._..
Tax I.D. Number:_ c.3 `k- 'S77Ott io3tv1; ( c'-c -c vo
zoJi t"LcO
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property):
Future/proposed use of property and reason for zone change:
PROPERTY OWNER INFORMATION:'
-mot 'eg \ .. eo•&X g7g
15'/3 ADDRESS ��t'. � ,�
CITY 4; \STATEI ZIP -1-1S1(o-Ca1t
PHONE( "l'-1 \ ) e4-
FAX(1.�" j E6A1
E-MAIL ADDRESS fc C J. Co-cy-•
Cp,nriTerelal
APPLICANT INFORMATION:
NAME JAW C#ie tc°
ADDRESS //BD , W, area( r' e02 W
CITY #01/5 f ' STATE){ ZI P71 /
PHONE(a8/ ) 530 3/68
FAX(r $f ) 5 34 - 591741
E-MAIL ADDRESS JCa rrico ///1en
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 check d action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature;
Agent's Signature:
OFFICE USE ONLY: FEES PAID:
RECEIVED BY:
75
eg"/ Date: 4-04
Date: / / /4'W4
DATE PAID: t B
APPLICATION NO.
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LOCATION MAP
Zone Change Application No. 1203
Owner/Applicant: Multiple Owners/Jan Carrico
Change: SD - GB
0 200 400 Feet
11111 1
App. 003
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 42 ".211 20 0,
No Date 20
No Date 20
No. Date 20
No. Date 20
Spbscribe and sworn to before me this
20
/1'411)14414—
President
•
•
•
•
•
•
•
•
•
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
n
day of dee-
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Dec. 29, 2004
and Jan. 5, 2005
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. 1203
Notice is hereby given that
on January 17, 2005, 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
Jan Carrico, applicant for
George Ran on behalf of
Hattie Mae Wood, Virgle
Wood Hawk, Beatrice Wood
Theriot, Leslie Gordon
Uere, and Richard Douglas
Liere, 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:
15.0832 acres of land,
being all of Lot 60 of the
Allison Richey Gulf Coast
Home Company
Subdivision, Section 85,
Abstract 304, H. T. & B.R.R.
Company Survey, recorded
in Volume 2, Page 107 of
the Brazoria County Plat
Records, City of Pearland,
Brazoria County, Texas
(Generally Located on the
North Side of FM 518
(Broadway Street), and on
the West Side of County
Road 90 (Hooks 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
Senior Planner
AFFIDAVIT OF PUBLICAT
ION
The Pear -land 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 w
in Brazoria and Harris Counties in THE REPORTER NEWS, a as published
newspaper of general
circulation in Brazoria, Harris &Galveston Counties, for _
-�--_ issues, as follows:.
No. _ l
No.
No.
No. .
Date /=
Date
Date
Date —
No. Date
ti
•
;Subscribe and sworn to before me this
12.
UIURA ANN. EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
vnm.
President
20'
20
20
20
20
day of
Laura Ann Emmons, Publisher`
Notary Public, State of Texas
Published Dec. 29, 2004
and Jan. 5, 2005
; NOW tirCI INT'
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION, NQ. 1203
Notice is hereby given that
on January 17, 2005, at
8:30 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
Jan Carrico, applicant for
George Ran on behalf of
Hattie Mae Wood, Virgle
Wood Hawk, Beatrice Wood
Theriot, Leslie Gordon
Liere, and Richard Douglas
Liere, 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:
15.0832 acres of land,
being all of Lot 60 of the
Allison Richey Gulf Coast
Home Company
Subdivision, Section 85,
Abstract 304, H. T. & B.R.R.
Company Survey, recorded
in Volume 2, Page 107 of
the Brazoria County Plat
Records, City of Peartand,
Brazoria County, Texas
(Generally Located on the
North Side of FM 518
(Broadway Street), and on
the West Side of County
Road 90 (Hooks Road))
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
• /a/rhereea Grahmann
Senior Planner
Plarinin5 & Zoning Commission
Recommendation Letter
February 2, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1203, a request by Jan
Carrico, applicant for George Ran on behalf of Hattie Mae Wood, Virgle Wood
Hawk, Beatrice Wood Theriot, Leslie Gordon Liere, and Richard Douglas Liere,
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 property Generally Located on the North Side of
FM 518 (Broadway Street), and on the West Side of County Road 90 (Hooks
Road)
Honorable Mayor and City Council Members:
At their regular meeting of January 17, 2005, the Planning and Zoning Commission
considered the request for a zone change from Suburban Development District (SD) to
General Business District (GB) on the following property:
Legal Description: 15.0832 acres of land, being all of Lot 60 of the Allison
Richey Gulf Coast Home Company Subdivision, Section 85, Abstract 304, H. T. &
B.R.R. Company Survey, recorded in Volume 2, Page 107 of the Brazoria County
Plat Records, City of Pearland, Brazoria County, Texas
Commission Member Greiner made a motion to approve the zone change, and
Commission Member Ransom seconded the motion.
The motion to approve was passed by a vote of 6-0.
Sincerely,
Planning and Zoning Commission
Recommendation Letter, 02/14/05 City Council Meeting,
Zone Change Application No. 1203
Page 1 of 1
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OWNERSHIP MAP
Zone Change Application No. 1203
Owner/Applicant: Multiple Owners/Jan Carrico
Change: SD - GB
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ZONE CHANGE APPLICATION NO. 1203
Property Owner Notification List
ADDRESS
14700 MARSH LANE APT #1711
710 N POST OAK RD STE 400
3912 MARQUETTE ST
9706 SUNNYCOAST LN
18333 EGRET BAY BLVD STE 450
2513 N VELASCO PO BOX 878
11806 WILCREST STE 200
1905 SLEEPY HOLLOW DR
4202 MCFARLAND CIR
1905 SLEEPY HOLLOW DR
44919 GOLF CENTER PKY STE 7
ONE CVS DR
3530 W T C JESTER BLVD
9724 BROADWAY ST
CITY
ADDISON
HOUSTON
HOUSTON
PEARLAND
HOUSTON
ANGLETON
HOUSTON
PEARLAND
ORANGE
PEARLAND
INDIO
WOONSOCKET
HOUSTON
PEARLAND
ST ZIP CODE LEGAL DESCRIPTION
TX 75001
TX 77024-3812
TX 77005-4312
TX 77584-2795
TX 77058
TX 77516-0878
TX 77031
TX 77581-5739
TX 77632-9453
TX 77581-5739
CA 92201-7302
RI 2895
TX 77018-5047
TX 77584-7758
A0304 H T & B R R, TRACT 59, ACRES 10.000
A0721 J W MAXEY, TRACT 1, ACRES 20.2659
SUNRISE LAKES 2 (A721)(A304 HT&B), BL 3, LOT 20
SUNRISE LAKES 2 (A721)(A304 HT&B), BL 3, LOT 19
SUNRISE LAKES 2 (A721)(A304 HT&B), ACRES 1.624
A0304 H T & B R R, TRACT 49A-50A, ACRES 6.36
A0304 H T & B R R, TRACT 60 (UND/4), ACRES 3.9975
A0304 H T & B R R, TRACT 49A-50A, ACRES 6.36
SVERLKE COM PK I (A721), BL 1, LOT 4, ACRES 1.033
A0539 HT&BR R, TRACT 2B, ACRES 5.00
SVLK COM PARK 10 (A539 HT&B), ACRES 13.8946
SVLK COM PARK (A539 HT&B), BL 1, ACRES 1.0296
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
Zone Change Application No. 1203
TO: City Council
Planning and Zoning Commission
SUBJECT:
A request by Jan Carrico, applicant for George Ran on behalf of
Hattie Mae Wood, Virgle Wood Hawk, Beatrice Wood Theriot,
Leslie Gordon Liere, and Richard Douglas Liere, 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)
LEGAL 15.0832 acres of land, being all of Lot 60 of the Allison Richey
DESCRIPTION: Gulf Coast Home Company Subdivision, Section 85, Abstract
304, H. T. & B.R.R. Company Survey, recorded in Volume 2,
Page 107 of the Brazoria County Plat Records, City of Pearland,
Brazoria County, Texas
GENERAL Generally Located on the North Side of FM 518 (Broadway
LOCATION: Street), and on the West Side of County Road 90 (Hooks
Road)
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: January 17, 2005
City Council for First Reading: February 14, 2005
City Council for Second Reading: February 28, 2005
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 1996
and subsequently zoned SD. The subject property is currently undeveloped. The
applicant has indicated that they plan to construct a retail center and other general
business district uses on the subject property if the zone change is approved.
ZCA No. 1203
Page 1
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
SURROUNDING ZONING AND LAND USES:
North
South
East
West
Zoning
Planned Unit Development
District (PUD)
Land Outside of the City limits
of the City of Pearland (ETJ)
General Business District
(GB)
General Business District
(GB), and General Business
District — Specific Use Permit
(GB(S))
Land Use
Undeveloped land, but future site of
a single family residential subdivision
CVS Pharmacy
Undeveloped land
Retail uses; storage and mini -
warehouse uses
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 the
minimum lot size requirements, as the subject property is over 15 acres in size and has a
lot width greater than 700 feet. Any further subdivision of the subject property will be
required to comply with this minimum lot size and lot width.
The applicant will be responsible for complying with all other ordinance requirements, such
as yard setback requirements and lot coverage.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Retail, Office, and Service" uses for the
subject property and for the surrounding properties along Broadway Street (FM 518). The
Comprehensive Plan further indicates that the appropriate zoning districts for Retail, Office,
and Service Uses are the Office and Professional District (OP), the Neighborhood Service
District (NS), and the General Business District (GB). Therefore, the proposed zone
change 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. When
the subject property is platted for development, if sufficient right-of-way is not available for
Broadway Street, the applicant will be responsible for the dedication of any necessary
ZCA No. 1203
Page 2
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
additional right-of-way.
The subject property will also be affected by the northern extension of County Road 90,
also known as Hooks Road, a major collector street with an ultimate right-of-way of 80 feet.
Portions of Hooks Road have been constructed in the subdivisions of Sunrise Lakes north
of the subject property. The developer of the PUD to the north of the subject propertyis
dedicating right-of-way for Hooks Road, and has already submitted a preliminary plat
indicating a right-of-way dedication of 40 feet. Since the PUD needs Hooks Road for
access to their subdivision, it is Staffs understanding that the developer of the PUD is
working with the developer of the retail tract to the east to dedicate and build Hooks Road.
Hooks Road will not run directly adjacent to the subject property on the east side. Instead,
the right-of-way will need to curve over into the subject property near Broadway Street, in
order for Hooks Road to align with CR 90 at a right angle at Broadway Street. It is Staffs
understanding that all property owners involved, including the applicant for the subject
property, the property owner on the east side of Hooks Road, and the owner of the PUD
tract, have met and are working out how the right-of-way will be dedicated by a plat, and
any land swaps due to the curve of Hooks Road.
As the subject property is platted for development, the applicant will be responsible for the
submittal of a traffic impact analysis, in order to determine the impact of the proposed
development on adjacent streets and adjacent properties, as well as the locations of drive
approaches.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The tracts to the east and west
of the subject property are both zoned general business district. The area along Broadway
Street within the city limits is largely developing with general business district uses.
The tracts on the south side of Broadway Street are not located within the City limits of the
City of Pearland. However, these tracts are developed with various retail, office, service,
and commercial uses.
The proposed zone change is consistent with other uses and GB zoning districts within the
subject area.
The applicant will be responsible for the construction of a 6 foot high masonry fence along
the northern property line, due to the adjacent residential tract, as the site is developed.
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.
ZCA No. 1203
Page 3
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
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 GB zoning districts within the
subject areas, as well as being consistent with existing retail, office, service, and
commercial uses within 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
ZCA No. 1203
Page 4
00010UUUT 1, 0001 U UV0CI0 EOD
ZONING MAP
Zone Change Application No. 1203
Owner/Applicant: Multiple Owners/Jan Carrico
Change: SD - GB
W+E
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0 200 400 Feet
(1111 I
FUTURE LAND USE PLAN
Zone Change Application No. 1203
Owner/Applicant: Multiple Owners/Jan Carrico
Change: SD - GB
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0 200 400 Feet
11111 1