Ord. 509-787 07-25-05ORDINANCE NO. 509-787
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 20 ACRES, BEING TRACT 61 AND 62,
ABSTRACT 234, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF ROY
ROAD, AND NORTH OF FM 518 (BROADWAY STREET)) (APPLICATION
NO. 1231) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF MARY
FRANCES LENTZ, 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, Mary Frances Lentz, owner, filed on May 9, 2005, 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 June, 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 1st day of July, 2005, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Mary Frances Lentz, owner, whereby the
Commission recommended approval of the change of classification for the described
1
ORDINANCE NO. 509-787
property from its existing classification of Suburban Development District (SD) to
Commercial District (C); 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 July 11, 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 Mary Frances Lentz, owner, presented which, in the judgment
of the City Council, would justify the approval of said application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
The following described property located within the corporate City limits of the
City of Pearland, Texas, and presently classified as Suburban Development District
(SD) is hereby zoned to Commercial District (C), such property being more particularly
described as:
20 acres, being Tract 61 and 62, Abstract 234, H.T. & B.R.R. Company Survey, City
of Pearland, Brazoria County, Texas (Located on the West Side of Roy Road, and
North of FM 518 (Broadway Street))
II.
The City Council of the City of Pearland finds and determines that the recitations
in the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The
City Council further finds and determines that there has been compliance with the
mandates of law in the posting and presentation of this matter to the Planning and
2
ORDINANCE NO. 509-787
Zoning Commission and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the
amendment adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
V.
All rights and remedies, which have accrued in the favor of the City under this
Ordinance and its amendments thereto, shall be and are preserved for the benefit of
the City.
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to
the official Land Use District Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509 and consistent with the approval herein granted for the
reclassification of the herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
3
ORDINANCE NO. 509-787
PASSED, APPROVED, and ADOPTED on First Reading this llth day of
July , 2005.
TOM REID
MAYOR
ATTEST:
OF G,
ITY CRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
25th day of July , 2005.
ATTEST:
APPROVED AS TO FORM:
A
DARRIN M. COKER
CITY ATTORNEY
REID
MAYOR
4
APR-29-2005 09:31 HARDC_ASTLE REAL ESTATE
2814950389 P.01/01
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
[Ehange in Zoning Classification from:
❑ Specific Use Permit Request for :
Property Information_
Address: 2
, 0 2.34-
Subdivision:
Tax I,D,
Current
(type of
&1,d7 BeRr
i/ija e
O'L34 - oa.51' Poo
Number
0 2 at -*cm. - o00
" For unpfatted property, attach a copy of the metes and bounds description"
Noa e-, Barns
use of property
structures on property): J10 rye Z"rairar-9 r
51-)
(list current zoning)
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 775131
281-652-1639
281-652-1702fax-
www.ci,pearland,tx.us
to: Ction2er ` •
(list proposed zoning)
/a/ Zilc5. 7i io a-cres
�ac.. Lot:TrnCt (,2 Block: " 4cr
k trc57q s
Future/proposed use of property and reason for zone change:
Ue o pi f-eiUt
PROPERTY OWNER INFORMATION:
NAME MargfreliVc-5 L erz z-
ADDRESSS5/1 9 13rL4rhir3,01
ciTY Dail o n, STATE / X ZIP '770 36-
PHONE( 7/'3 ) l_ z5-056 9
FAX( )
E-MAI. ADDRESS `oti.125 L ei 'z ° DVN. Cow `Sorry E-MAIL ADDRESS
/nary6e*hpor4erepeJ1 d • ne-t -damn,4zr
PETITION: As owner/agent, l hereby petition the City ofPearland
for trances of the of the
of Pearland. described
request as provided for by the laws of the State of Texasupon which l have
certify to the best ofe h knowledge
action. that understand d that is a true lam fully reion sponsible forf the ethe correctness of the
requested the above check
legal description given.
•
APPLICANT INFORMATION:
NAME Mary frrar�c,e,s Le.6 .�
ADDRESS ,5 / 1 9i5rLarbe nrr
CITY_thit_ 1It _
STATE _ZIP 7ZQ35
PHONEL % 7 '�
FAXL__)
/
Owner's Signature: l�-w-11, ��//
Date: `'71- /3� 0.r
Agent's Signature:
5 , o r� DATE PAID: ",�
RECEIVED BY:
OFFICE USE ONLY: FEES PAID: 7 - APPLICATION NO - > '�
--
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TOTAL-P.01u
LOCATION MAP
Zone Change Application
No. 1231
N
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0 200 400 Feet
11111 I
Map Prepared on June 1, 2005
AFFIDAVIT OF PUBLICATION PP� �a'�
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. % Date 6 - / 20 o
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 tO5
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published June 1 and June
8, 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. 1231
Notice is hereby given that
on June 20, 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
Mary Frances Lentz, owner,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City from classification
Suburban Development
District (SD) to Commercial
District (C), on the following
described property, to wit:
20 acres, being Tract 61
and 62, Abstract 234, H.T.
& B.R.R. Company Survey,
City of Pearland, Brazoria
County, Texas (Located on
the West Side of Roy Road,
and North of FM 518
(Broadway Street)
At said hearing all interest-
ed parties shall have the
right and opportunity 10
appear and be heard on the
subject.
/sJ 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, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date lv - g 20
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and'sworn to before me this ( day o
20PC
ra Ann Emmons, Publisher
otary Public, State of Texas
Published June 1 and June
8, 2005
NOTICE OF A JOINT
PUBUC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPUCATION NO. 1231
Notice is hereby given that
on June 20, 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, Pearfand,
Texas, on the request of
Mary Frances Lentz, owner,
fQr an amendment to the
Land Use and Urban
Development Ordinance of
said City from classification
Suburban Development
District (SD) to Commercial
District (C), on the following
described property, to wit:
20 acres, being Tract 61
and 62, Abstract 234, H.T.
& B.R.R. Company Survey,
City of Pearland, Brazoria
County, Texas (Located on
the West Side of Roy 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
Recommendation Letter
July 1, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1231, a request by Mary
Frances Lentz, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from classification Suburban Development
District (SD) to Commercial District (C), on the following described property, to
wit:
Honorable Mayor and City Council Members:
At their regular meeting of June 20, 2005, the Planning and Zoning Commission
considered the request for a zone change from Suburban Development District (SD) to
Commercial District (C), on the following property:
Legal Description:
General Location:
20 acres, being Tract 61 and 62, Abstract 234, H.T. & B.R.R.
Company Survey, City of Pearland, Brazoria County, Texas
Located on the West Side of Roy Road, and North of FM 518
(Broadway Street)
Commission Member Greiner made a motion to recommend approval of the zone
change request, which was seconded by Commission Member Ransom. The motion to
approve passed 6 — 0. The zone change was recommended for approval by the
Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 1231
Page3of3
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200 NOTIFICATION LIMITS
SUBJECT,, ,
PROPERTY..
GARTNER INTERESTS LTD,
MA1 RICKY S
YOUNG LOYE"W & MARY I '
BARBEE HURST ,S'
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No. 1231 S
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Map Prepared on June 1, 2005
PROP ID OWNER
R175693 PREBILSKY J A
R165891 LENTZ MARY FRANCES
MAURIS HARDCASTLE
R165914 MORGAN LARRY J & JUNE D
R165922 MAI RICKY S
R175608 CPI GROUP INC% LORI JOHNSON
R165907 GARTNER INTERESTS LTD
R165892 LONG BILLY C
R175710 FIRST CHOICE BANK
R165806 BARBEE HURST S
R175621 TRAN THOMAS & DUNG HUNG TA
R165924 ADAMS FRANCES P FAMILY INT
R165839 PALM PROPERTIES INC LLC
R506360 GROCERS SUPPLY CO INC
R506358 GROCERS SUPPLY CO INC
R165923 YOUNG LOYE W & MARY
R165798 LENTZ LOUIS E%MARY FRANCE LENTZ TR
R175675 MOFFETT C C
R506359 PEARLAND PLAZA PARTNERS
ZONE CHANGE APPLICATION NO. 1231
Property Owner Notification List
ADDRESS
2453 ROY RD
5119 BRIARBEND DR
7918 BROADWAY STE 106
2430 ROY RD
6803 KEITHWOOD CIR S
PO BOX 1710
2433 MAX RD
PO BOX 6307
3100 S SHAVER ST
2537 MAX RD
11022 GREEN ARBOR
2213 ROY RD
PO BOX 15221
3131 HOLCOMBE BLVD
3131 HOLCOMBE BLVD
PO BOX 2176
5119 BRIARBEND DR
2549-2 ROY RD
1875 CENTURY PARK E STE 1840
CITY
ST ZIP CODE
PEARLAND TX
HOUSTON TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PASADENA TX
SOUTH HOUSTON TX
PEARLAND TX
HOUSTON TX
PEARLAND TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
PEARLAND TX
HOUSTON TX
PEARLAND TX
LOS ANGELES CA
77581-8601
77035-3105
77581
77581-8600
77584-7153
77588-1710
77581-7677
77506-0307
77587-4425
77581-7679
77089
77581-7697
77220-5221
77021-2199
77021-2199
77588-2176
77035-3105
77581-8603
90067-2519
LEGAL DESCRIPTION
A0504 H T & B R R, TRACT 20, ACRES 10.000
A0234 H T & B R R, TRACT 61, ACRES 10.000
APPLICANT
A0234 H T & B R R, TRACT 60 N/2 (LT 60A), ACRES 5.000
A0234 H T & B R R, TRACT 29A, ACRES 4.964
A0504 H T & B R R, TRACT 18-19-19A, ACRES 10.255
A0234 H T & B R R, TRACT 28, ACRES 9.900
S 1/2 LT 60 234 H T & B, ACRES 5.000
A0504 H T & B R R, TRACT 21 (N/2 PT), ACRES 1.000
PT LT 30 234 H T & B, ACRES 9.000
A0504 H T & B R R, TRACT 22, ACRES 10.000
A0234 H T & B R R, TRACT 63A, ACRES 5.00
A0234 H T & B R R, TRACT 63B, ACRES 2.42
ALBERTSON'S (A0234 H T & B), BL 2, RES E, ACRES 5.935
ALBERTSON'S (A0234 H T & B), BL 2, RES C, ACRES 1.604
A0234 H T & B R R, TRACT 29-29B, ACRES 4.967
A0234 H T & B R R, TRACT 62, ACRES 10.000
A0504 H T & B R R, TRACT 21 S/2, ACRES 5.000
ALBERTSON'S (A0234 H T & B), BL 2, RES D, ACRES 1.032
TO:
SUBJECT:
LEGAL
DESCRIPTION:
GENERAL
LOCATION:
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JUNE 20, 2005
Zone Change Application No. 1231
City Council
Planning and Zoning Commission
A request by Mary Frances Lentz, owner, for an amendment to
the Land Use and Urban Development Ordinance of said City
from classification Suburban Development District (SD) to
Commercial District (C)
20 acres, being Tract 61 and 62, Abstract 234, H.T. & B.R.R.
Company Survey, City of Pearland, Brazoria County, Texas
Located on the West Side of Roy Road, and North of FM 518
(Broadway Street)
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: June 20, 2005
City Council for First Reading: July 11, 2005
City Council for Second Reading: July 25, 2005
SUMMARY: The applicant is requesting a change in zoning on the subject property for a
Commercial District (C). The subject property was annexed into the City in 1997 and was
subsequently zoned SD. The subject property consists of two Tots. The northern lot
contains a house and barn, and the southern lot contains a horse training tract and various
small buildings.
The applicant has indicated that the purpose of the zone change is to allow for possible
commercial development.
ZCA No. 1231
Page 1
SURROUNDING ZONING AND LAND USES:
Zoning
North Suburban Development
District (SD)
South Commercial District (C) and
General Business District
(GB)
East
West
Suburban Development
District (SD) and Commercial
District (C)
Suburban Development
District (SD) and General
Business District (GB), with a
Specific Use Permit for a
telecommunications tower
Land Use
Undeveloped tract
Food Town Shopping Center;
Existing business
Commercial business; Undeveloped
tract
Single family residence on a large
tract; Undeveloped tract;
telecommunications• tower and
accessory buildings
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
applicant is requesting a C zoning district. The minimum lot size for the C district is 22,500
square feet and the minimum lot width is 150 feet. The subject property in its present
configuration meets these minimum requirements, as the subject property has more than
800 feet of frontage along Roy Road, and is approximately 20 acres in size.
PLATTING STATUS: The subject property has not been platted. The subject property will
need to be platted in accordance with the Subdivision Ordinance, prior to issuance of a
building permit. The plat will need to address all requirements listed in the Subdivision
Ordinance, and be approved by the Planning and Zoning Commission. The plat will need
to be filed for record with the County Clerk, prior to issuance of a building permit.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Business Commercial" for the subject
property and for many of the surrounding properties on Roy Road, Max Road, and FM 518.
The Comprehensive Plan further indicates that the appropriate zoning districts for
"Business Commercial" are the Commercial District (C) 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 Roy Road, a major collector street with an ultimate right-of-way of 80 feet that is to be
ZCA No. 1231
Page 2
widened in the future as necessary. During the platting process, additional right-of-way for
Roy Road may be necessary and would need to be dedicated to the City on the subdivision
plat.
No other roadways affect the subject property.
AVAILABILITY OF UTILITIES: There is currently not any City water and sewer service
available for the subject property. There are water and sewer lines located within close
proximity to the subject property, at FM 518 and Reid Boulevard. The applicant would be
required to provide adequate water and sewer service to the subject property during the
platting process and development of the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The adjacent zoning districts are
a mixture of General Business District (GB), Commercial District (C), and Suburban
Development District (SD). A Light Industrial District is located at the northwest corner of
the tract and was approved in February of 1999.
Staff asked the applicant why they applied for a Commercial District and what their
intended use would be. The applicant stated that the Commercial District was requested
by the owner of the tract, in order to allow a wide variety of uses for the subject property.
The main difference between the GB district and the C district is that the GB district is more
limited on the location of outside storage and display. Also, the Commercial District allows
all uses permitted in the general business district, plus additional commercial uses.
The proposed Commercial District should not negatively impact the surrounding properties.
Several of the properties to the west of the subject property are developed with general
business district uses and an M-1 use, and many of the properties on the east side of Roy
Road are zoned as Commercial District and developed with commercial uses.
Since the Comprehensive Plan designates the subject area as Business Commercial uses,
Staff does not see this area as a transition area between intensity of uses. The two tracts
to the north of the subject property are also designated as Business Commercial, and it is
anticipated that they will develop as such in the future. At such time when the tracts to the
north of the subject property are zoned, those properties may be viewed as a transition to
the low density residential tracts to the north.
The subject property is not adjacent to any residentially zoned properties and therefore,
screening between uses would not be required if all adjacent properties remain zoned as
they currently are.
The applicant will be required to submit a traffic impact analysis (TIA) for the subject
property as it is submitted for platting, in order to determine the impact of the proposed
development on the traffic in the area, as well as the location and number of driveways
onto Roy Road.
ZCA No. 1231
Page 3
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 C, as
proposed by the applicant, for the following reasons:
1. The proposed zone change provides for Commercial District uses, consistent with
Business Commercial as recommended by the Comprehensive Plan, thereby being
in conformance with the Comprehensive Plan.
2. The proposed zone change is consistent with existing C zoning districts within the
subject area, as well as being consistent with existing commercial uses within the
subject area.
3. The subject property is not adjacent to any residential zoning districts and does not
appear to be in a transition area between residential and commercial districts.
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. 1231
Page 4
ZONING MAP
Zone Change Application
No. 1231
N
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11111
Map Prepared on June 1, 2005
FUTURE LAND USE PLAN
Zone Change Application
No. 1231
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Map Prepared on June 1, 2005