Ord. 509-758 02-14-05 FailedFAILED
2/14/05
ORDINANCE NO. 509-758
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 6.40 ACRES OF LAND, OUT OF TRACT 54, F
B DRAKE SUBDIVISION, ABSTRACT 506, H.T. & B.R.R. COMPANY SURVEY,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
ON THE WEST SIDE OF CULLEN BOULEVARD, AND SOUTH OF HUGHES
RANCH ROAD (CR 403)) (APPLICATION NO. 1204) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF ANDREW AND KATHRYN SHAW,
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, Andrew and Kathryn Shaw, 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
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 Andrew and Kathryn Shaw, owners,
whereby the Commission recommended denial of the change of classification for the
1
ORDINANCE NO. 509-758
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 Andrew and Kathryn Shaw, 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:
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:
6.40 acres of land, out of Tract 54, F B Drake Subdivision, Abstract 506, H.T. &
B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Generally
Located on the West Side of Cullen Boulevard, and South of Hughes Ranch
Road (CR 403))
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
2
ORDINANCE NO. 509-758
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
reclassification of the herein above described property.
3
ORDINANCE NO. 509-758
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2005.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of , 2005.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
TOM REID
MAYOR
4
ORDINANCE NO. 509-758
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
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 /02' a 4 20 0,
No. Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
President
day of ;41-
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. 1204
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 Hail, 3519
Liberty Drive, Pearland,
Texas, on the request of
Andrew and Kathryn Shaw,
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:
6.40 acres of land, out of
Tract 54, F B Drake
Subdivision, Abstract 506,
H.T..& B.R.R. Company
Survey, City of Pearland,
Brazoria County, Texas
(Generally Located on the
West Side of Cullen
Boulevard, and South of
Hughes Ranch Road (CR
403))
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
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 /-_ 20 (OS -
No. Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
x0
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of
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.1204
Notice is hereby given that
on January 17, 2005, at
6:30 p.m., the City Council
LEGALS
and Planning and Zoning
Commission; of the City of
Pearland, in Brazoda 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
Andrew and Kathryn Shaw,
owners, for anamendment
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:
6.40 acres of land, out of
Tract 54, F B Drake
Subdivision, Abstract 506,
H.T. & B,R.R. Company
Survey, City of Pearland,
Brazoria County, Texas
(Generally Located on the
West, Side of Cullen
Boulevard, and South of
Hughes, Ranch Road (CR
403))
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
Please check one:
ro
APPLICATION FOR
A CHANGE IN ZONING
(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
Change in Zoning Classification from: tO: ,77')
(list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information: Address: / / 3 < 639 ` F6e t 1
Subdivision:AhO6) l-1T4BPI:) I0-a.54{) F'Dia.' ot: 6.'10 aefl5 Block:
Tax I.D. Number: 650(2- 00/5 - 000
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property �
(type of structures on property): ' i._E /
Future/proposed =operty
al and ason for zone Chang
4S ti•az-r',r`
PROPE TY OWNER INFORMATION: APPLIC
NAM d re c,i) r\ A t/.A'z.y N 0t.. A, 0 NAM
ADDRESS / . / 7 c�6.3 (' o.. t- _, ADDR S
CITY `r r r <f_r STATE I ZIP l 75 c� XCITY1-k(/
T INFORMATION:
0»`F
/
ZIP 7 p _ Ica
PHONE( 0 / ) 9 ci 7 3 55 7 PHONE(g. P%�
FAX( ) FAX( ?�
E-MAIL ADDRESS E-MPA`L ADDRESS
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:
Date: tt (2 (04-
Date:
OFFICE USE ONLY: FEES PAID: a75 act
RECEIVED BY:
DATE PAID:
APPLICATION NO.
30
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SUBJECT
PROPERTY
LOCATION MAP
Zone Change Application No. 1204
Owner/Applicant: Andrew and Kathryn Shaw
Change: SD - GB
W E
0 200 400 Feet
i�►�i I
Planning & 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. 1204, a request by Andrew and
Kathryn Shaw, 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 West Side
of Cullen Boulevard, and South of Hughes Ranch Road (CR 403)
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: 6.40 acres of land, out of Tract 54, F B Drake Subdivision,
Abstract 506, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County,
Texas
Commission Member Ransom made a motion to approve the zone change request, which
was seconded by Commission Member Dumont.
The motion to approve failed by a vote of 0 — 6, for the following reasons:
1. The Commission stated that the Cullen Mixed Use designation was not created for
owners to change a residence to general business uses.
2. The General Business District would affect the quality of life for residents within the
Crystal Lake subdivision.
Sincerely,
Planning and Zoning Commission
Recommendation Letter, 02/14/05 City Council Meeting,
Zone Change Application No. 1204
Page 1 of 1
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LIMITS
•
AREA OF
OPPOSITION MAP
Zone Change Application No. 1204
Owner/Applicant: Andrew and Kathryn Shaw
Change: SD - GB
Legend
Subject Property
Opposition
*includes all Written Opposition
received January 10 - February 2, 2005.
0 200 400 Feet
11111
BRADFORD DAMES W 111
JOHNSON JANET G
SEYMOUR EDWARD C JR-
MILLIGAN LAURIE M
HEDGE MARK A &,LEAH M
DOUGET BRYAN & STACY
LAWRENCE-WALLS LORRAINE D
WILLIAM MATTHEW J JR & MARIAN'A°'
.BRADICICH MARK A
LA PRADE JOHN DAVID & THERESAL
WILSON STANLEY D & SOLYMAR
ELLIOTT DAVID III.
MULLINS PEGGY S
•
BUSH LEONARD & BARBARA
MITCHELL JANIE
URIAS MARIA ANGELA
RICHERS F J
WALDMAN KENNETH R & KAREN
HAN NOEL M & NANCY D ORDONEZ
WARE J ANDREW &'STEPHANIE
VINING PAUL & SARAH METZ
HIRTRITERKELLYE;H.& RONALD
'HASS JAMES ALFRED &.JOANNE
RUSSO--JOHN W & PATRICIA A
POSTON WILLIAM S &'JUDY
MCTIGUE JOHN W & JUDI
LATIM ER:TERENCE E
MORRISON'GREGORY`D & IRENE M
DOTSON`ROBERT N'& MARY L
MARTINIRONALD L_
DOUGHERTY PATRICK M
SHIPLEY V EUGENE TRUST
MANSON JOLEAN
CLARK ODELL & DELORES
DAFFIN WILLIAM CARLOS
PARADISE CEMETARY SOUTH
MOSLEYERIC & LINDA-
CARTER CASEY TODD & TONI
FLEISCHER ROBERT J
ALCALA MARIA & EDNA BOYD
FOLTYN FRANK S;& LISA W
PARADISECEMETARY SOUTH
PARADISE CEMETARY SOUTH:
SOUTHERN MEMORIAL CEMETERY
.200' NOTIFICATION
:LIMITS
OWNERSHIP MAP
Zone Change Application No. 1204
Owner/Applicant: Andrew and Kathryn Shaw
Change: SD - GB
0 200 400 Feet
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1 1 1 1 1
TAX ACCOUNT OWNER
02430010000
30991001100
30991002001
30991002008
30991002007
30991002014
30991002015
30991002024
30991002002
30991002006
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02430068000
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30991002004
30991002022
30991002027
30991002011
30991002018
30991002021
30991002028
05060015000
30991002020
30991001100
PARADISE CEMETARY SOUTH
CRYSTAL LAKE PROPERTY OWNERS ASSOC
DAFFIN WILLIAM CARLOS & KIMBERLIE GALLIMORE
LATIMER TERENCE E
CLARK ODELL & DELORES
MANSON JOLEAN
BRADFORD JAMES W III & LEAH R
LA PRADE JOHN DAVID & THERESA L
CARTER CASEY TODD & TONI
MOSLEY ERIC & LINDA & DORIS GERARD
MORRISON GREGORY D & IRENE M
SHIPLEY V EUGENE TRUST
PARADISE CEMETARY SOUTH
JOHNSON JANET G
BRADICICH MARK A
PRENTICE ALEXANDER S & SHARON
FLEISCHER ROBERT J & ERIN M
FOLTYN FRANK S & LISA W
DOTSON ROBERT N & MARY L
DOUGHERTY PATRICK M & KATHRYN G
SEYMOUR EDWARD C JR & JACQUELYN R
ALCALA MARIA & EDNA BOYD & ERIC BOYD
WILLIAM MATTHEW J JR,& MARIAN A
WILSON STANLEY D & SOLYMAR
MARTIN RONALD L
MILLIGAN LAURIE M
LAWRENCE-WALLS LORRAINE D
ELLIOTT DAVID III & SABRINA M ECHOLS-ELLIOTT
ANDREW & KATHRYN SHAW
SHAW ANDREW D & KATHRYN J
DOUGET BRYAN & STACY
CRYSTAL LAKE PROPERTY OWNERS ASSOC
ZONE CHANGE APPLICATION NO. 1204
Property Owner Notification List
ADDRESS
10401 W MONTGOMERY RD
9800 CENTRE PKWY STE 625
1303 SANDPIPER CT S
1303 TEAL CT S '
1302 SANDPIPER CT S
1302 TEAL CT S
1303 KINGFISHER CT S
1302 KINGFISHER CT S
1307 SANDPIPER CT S
1306 SANDPIPER CT S
1307 TEAL CT S
1101 PAMELA DR
10401 W MONTGOMERY RD
1307 KINGFISHER CT S
1306 KINGFISHER CT S
1307 CRYSTAL LAKE CIR E
1311 SANDPIPER CT S
1310 SANDPIPER CT S
1311 TEAL CT S
1310 TEAL CT S
1311 KINGFISHER CT S
8620 ORCHARD VIEW LN
1310 KINGFISHER CT S
1311 CRYSTAL LAKE CIR E
1315TEAL CTS
1315 KINGFISHER CT S
1314 KINGFISHER CT S
1315 CRYSTAL LAKE CIR
1318 FM 865 (CULLEN)
2310 CULLEN BLVD
1318 KINGFISHER CT S
9800 CENTRE PKWY STE 625
CITY
HOUSTON
HOUSTON
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
MISSION
HOUSTON
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
HOUSTON
ST ZIP CODE LEGAL DESCRIPTION
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
tX.
TX
TX
77088-3024
77036-8252
77584-2735
77584-0509
77584-2734
77584-0508
77584-2588
77584-2591
77584-2735
77584-2734
77584-0509
78572-4340
77088-3024
77584-2588
77584-2591
77584-2566
77584-2735
77584-2734
77584-0509
77584-0508
77584-2588
77584-7973
77584-2591
77584-2566
77584-0509
77584-2588
77584-2591
77584
77581
77581-8994
77584-2591
77036-8252
A0243 H T & B R R, TRACT 9 (PT), ACRES 0.0176
CRYSTAL LAKE 1 (A0506 H T & B R R), RES, ACRES .547
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 1
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 8
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 7
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 14
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 15
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 24
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 2
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 6
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 9
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 13
A0243 H T & B R R, TRACT 10-11, ACRES 20.000
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 16
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 23
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 26
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 3
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 5
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 10
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 12
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 17
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 4
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 22
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 27
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 11
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 18
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 21
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 28
A0506 H T & B, TRACT 54, F B DRAKE, ACRES 6.400
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 20
CRYSTAL LAKE 1 (A0506 H T & B R R), RES, ACRES .547
30991002019
30991002029
30991002030
30991002034
30991002033
30991002032
30991002031
30991002035
30991002037
30991002038
30991002036
02430068000
05060063000
30991002039
30991002040
30991002041
30991002042
HEDGE MARK A & LEAH M
MULLINS PEGGY S & SANDRA J LAZEROFF
BUSH LEONARD & BARBARA
HAN NOEL M & NANCY D ORDONEZ
WARE J ANDREW & STEPHANIE
VINING PAUL & SARAH METZ
HIRTRITER KELLYE H & RONALD
WALDMAN KENNETH R & KAREN
URIAS MARIA ANGELA
MITCHELL JANIE
RICHERS F J
PARADISE CEMETARY SOUTH
SOUTHERN MEMORIAL CEMETERY
HASS JAMES ALFRED & JOANNE
RUSSO JOHN W & PATRICIA A
POSTON WILLIAM S & JUDY
MCTIGUE JOHN W & JUDI
ZONE CHANGE APPLICATION NO. 1204
Property Owner Notification List
1322 KINGFISHER CT S
1319 CRYSTAL LAKE CIR E
1323 CRYSTAL LAKE CIR E
4114 FLAMINGO CT
4110 FLAMINGO CT
4106 FLAMINGO CT
4102 FLAMINGO CT
4115 FLAMINGO CT
4107 FLAMINGO CT
4103 FLAMINGO CT
4111 FLAMINGO CT
10401 W MONTGOMERY RD
PO BOX 33350
1415 CRYSTAL LAKE CIR E
1419 CRYSTAL LAKE CIR E
1423 CRYSTAL LAKE CIR E
1427 CRYSTAL LAKE CIR E
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
HOUSTON
HOUSTON
PEARLAND
PEARLAND
PEARLAND
PEARLAND
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
77584-2591
77584-2566
77584-2566
77584-2583
77584-2583
77584-2583
77584-2583
77584-2584
77584-2584
77584-2584
77584-2584
77088-3024
77033
77584-2568
77584-2568
77584-2568
77584-2568
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 19
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 29
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 30
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 34
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 33
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 32
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 31
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 35
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 37
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 38
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 36 •
A0243 H T & B R R, TRACT 10-11, ACRES 20.000
A0506 H T & B R R, TRACT 55, ACRES 10.000
CRYSTAL. LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 39
CRYSTAL LAKE 1 (A0506 HT & B R R), BLOCK 2, LOT 40
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 41
CRYSTAL LAKE 1 (A0506 H T & B R R), BLOCK 2, LOT 42
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
Zone Change Application No. 1204
TO: City Council
Planning and Zoning Commission
SUBJECT: A request by Andrew and Kathryn Shaw, 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 6.40 acres of land, out of Tract 54, F B Drake Subdivision,
DESCRIPTION: Abstract 506, H.T. & B.R.R. Company Survey, City of Pearland,
Brazoria County, Texas
GENERAL
LOCATION:
Generally Located on the West Side of Cullen Boulevard, and
South of Hughes Ranch Road (CR 403)
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 1998
and subsequently zoned SD. The subject property is currently developed with a single
family residence. 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. 1204
Page 1
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
SURROUNDING ZONING AND LAND USES:
North
South
East
West
Zoning
Land Outside of the City limits
of the City of Pearland (ETJ)
General Business District
(GB)
Suburban Development
District (SD)
Land Use
Single family residential lots within
the Crystal Lake subdivision
Cemetery
Undeveloped land
Land Outside of the City limits Single family residential lots within
of the City of Pearland (ETJ) the Crystal Lake subdivision
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, as the subject property is over 6 acres in size and has a lot width
greater than 400 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 "Cullen Mixed Use District" uses for the
subject property and for the surrounding properties along Cullen Boulevard. The
Comprehensive Plan further indicates that Cullen Boulevard is a street that is characterized
by diverse types of land uses, including residential, commercial, and industrial land uses.
The acceptable land uses for the Cullen Mixed Use district include single family residential,
retail, technology -related businesses, cemetery, churches, and light manufacturing facilities
of a limited scope. Since the applicant is requesting the GB district, which provides for
retail uses, the proposed zone change conforms with the Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN:! The subject property has frontage
on Cullen Boulevard, a major thoroughfare with an ultimate right-of-way of 120 feet. The
Thoroughfare Plan indicates that Cullen Boulevard' is of sufficient right-of-way and
ZCA No. 1204
Page 2
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
sufficient width.
1
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The tracts to the south of the
subject property are already zoned general business district, and are developed with a
cemetery. A few tracts at the intersection of Cullen Boulevard and Hughes Ranch Road
are zoned GB. Therefore, the proposed zone change is consistent with existing GB
districts within the subject area.
The subject property shares the northern and western property lines with the Crystal Lakes
residential subdivision. A stub out street connection from the Crystal Lake residential
subdivision was not provided to the subject property, so the subject property would not
connect to the Crystal Lake subdivision. Also, the subject property is only 6 acres in size,
and may not be of adequate size to allow for the construction of a residential subdivision.
Therefore, the subject property is more suitable for general business district uses rather
than any residential uses.
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.
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 uses which are considered
acceptable for the "Cullen Mixed Use District" 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.
ZCA No. 1204
Page 3
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Zoning Map
• Future Land Use Plan
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
ZCA No. 1204
Page 4
ZONING MAP
Zone Change Application No. 1204
Owner/Applicant: Andrew and Kathryn Shaw
Change: SD - GB
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FUTURE LAND USE PLAN
Zone Change Application No. 1204
Owner/Applicant: Andrew and Kathryn Shaw
Change: SD - GB
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0 200 400 Feet
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