Ord. 509-798 10-21-05ORDINANCE NO. 509-798
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 10.00 ACRES, APPROXIMATELY,
BEING THE SOUTH 7.5 ACRES OF TRACT 4 OF THE SUBDIVISION OF
SECTION 17, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 242, IN
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF AS
IT APPEARS OF RECORD IN THE OFFICE OF THE COUNTY CLERK OF
BRAZORIA COUNTY, TEXAS; AND THE NORTH 2.5 ACRES OF THE
SOUTH 10 ACRES OF THE SOUTH 20 ACRES OF THE EAST 60 ACRES
OF THE NORTHEAST ONE QUARTER OF SECTION 17, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 242, THIS SAME PROPERTY HAS
SOMETIMES BEEN KNOWN AND REFERRED TO AND DESCRIBED AS
LOT 4, SECTION 17, ABSTRACT 242, BRAZORIA COUNTY, TEXAS, CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED
AT THE NORTHWEST CORNER OF MANVEL ROAD (FM 1128) AND FITE
ROAD) (ZONE CHANGE APPLICATION NO. 1242) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF SIGNATURE
EUBANKS AND ASSOCIATES, APPLICANT FOR THE ESTATE OF
ALFRED HRBACEK AND ANNIE HRBACEK, 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, Signature Eubanks and Associates, applicant for the Estate of
Alfred Hrbacek and Annie Hrbacek, owner, filed on August 10, 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 19th day of September, 2005, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
1
ORDINANCE NO. 509-798
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 30th day of September, 2005, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Signature Eubanks and Associates,
applicant for the Estate of Alfred Hrbacek and Annie Hrbacek, 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 October 10, 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 Signature Eubanks and Associates, applicant for the Estate
of Alfred Hrbacek and Annie Hrbacek, 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
2
ORDINANCE NO. 509-798
particularly described as:
10.00 acres, approximately, being the south 7.5 acres of Tract 4 of the
subdivision of Section 17, H.T. & B.R.R. Company Survey, Abstract 242, in
Brazoria County, Texas, according to the plat thereof as it appears of record in
the Office of the County Clerk of Brazoria County, Texas; and the north 2.5
acres of the South 10 acres of the South 20 acres of the East 60 acres of the
northeast one quarter of Section 17, H.T. & B.R.R. Company Survey, Abstract
242, this same property has sometimes been known and referred to and
described as Lot 4, Section 17, Abstract 242, Brazoria County, Texas, City of
Pearland, Brazoria County, Texas (Generally Located at the Northwest Comer of
Manvel Road (FM 1128) and Fite Road)
11.
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
3
ORDINANCE NO. 509-798
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.
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
October , 2005.
ATTEST:
NG FIN
Y SECRETARY
M REID
MAYOR
4
ORDINANCE NO. 509-798
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of October , 2005.
ATTEST:
APPROVED AS TO FORM:
rTh
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
5
FROM
(THU)AUG 4 2005 0:08/ST. 0:08/No. 6890102065 P 2
APPLICATION FOR
A CHANGE IN ZONING
Pleas* chock one:
12/Change in Zoning Classification from:
❑ Specific Use Permit Request for :
may 2005
City of Peariand
Community Development
3523 Liberty' ty Drive
(Community Coda)
Peactand, Texas 77551
281-662-1768
281452-1702 tax
vrww-dyoipearland,aorn
to: 6 S
(Mat Gamut swam) Q W pvessod waning}
(fist oreo use)
Property InfOn 0n: 42512_ --O0 i 41
Address: /�IA4 C Fite 23 ar% %,17.
Tax Account No. 02 412 — vn 13
164736,
Lot Block;_, g 1 G 3 4' ?
Subdivision: -
Attach a copy of the Mates and bounds description, may, or legal descrtpfe' o•
�T 56, /I -CO &� H, /3 i 7- �'4 „, 9 zi 246.1.181
Gifford u:a of property A/x.4,z_ �(a,pv;;: o�, 2HZ(type of struciufea On property):N,-�,o-
FUtUre/propeeed use of properly and reason for zone change:
i3 i5.
PROPERTY OWNER INFORMATIONAPPLICANT INFORMATION.t..4Bo-itla'' 14
NAME eaf,A 6S¢ r/LeDG6
�N 4.. NAME 5/b•-•o7"
ADDRESS <o (0 / 9 CvA) 1,0 ADDRESS 775 7 *5 fll'L /pt.:.
cm 4014 sr() i l STATE:( ZIP ? ? O(o) CITY faQus—o's STATE li ZIP - n0 us
PHONE( 281 ) 2.`10 - Z`( 2.)-1 PHoNE(7 /3 ) -7139 -451404/
FAXf 2-8/ 1 2. 4f 0 - 7 0 `3 9 - FAX( '71 3 ) G%J 2--54 2;`'�
E-MAIL ADDRESS d A r 14. e.e1 < 0 4 e l96Ce k- , C EMAIL ADDRESS /-1,001.4. ° ..,:i 6 G 6 Lo.6,0 4. , ^' z=
PETITION: As owner/agent, I hereby petition the Clly of Peadand for approval of the above described
nsquest as provided for by the laws of the State of Texas and ordinances of the whyyo Ifud requested the
I certify to
the best of my knowledge that thls is a true description of the property upon
above checked action. I understand that I am fully responsible for the cotreetnese of the legal description
givers.
Owner's Signature: bate:
Agents Signature: �y' i'i J j Date:
` " 0, r4 r1 A . i-�Pz e r1^ tra
OFFICE ONLY: l'
PAID / Q°1 PAID: 81101051 (i/05 B tYkO NUMBER: ii X
""APPLICATION IS CONSIDERED INCO 1 IntouT A METES AND SOUNDS
DESCRIPTION OR SURVEY AND THE APPLICATION FEE"""
Page 103 of 10e
CZ- & 7/3 -`(.i
LOCATION MAP
Zone Change Application
No. 1242
N
W+E
S
0 200 400 Feet
11111
Map Prepared on August 29, 2005
AFFIDAVIT OF PUBLICATION
-NI) 134)-
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. i Date 20 OS
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this 3/
2
LAURA ANN fMMONS
•} Notary Public, State of Texas
* Commission Expires 09-09.200(i
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Aug. 31 and
Sept. 7, 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. 1242
Notice is hereby given that
on September 19, 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
Signature Eubanks and
Associates, applicant for the
Estate of Alfred Hrbacek
and Annie Hrbacek, owner,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
to General Business District
(GB), on the following
described property, to wit:
10.00 acres, approximately,
being the south 7.5 acres of
Tract 4 of the subdivision of
Section 17, H.T. & B.R.R.
Company Survey, Abstract
242, in Brazorias County,
Texas, according to the plat
thereof as it appears of
record in the Office of the
County Clerk of Brazoria
County, Texas; and the
north 2.5 acres of the South
10 acres of the South 20
acres of the East 60 acres
of the northeast one quarter
of Section 17, H.T. & B.R.R.
Company Survey, Abstract
242, this same property has
sometimes been known and
referred to and described as
Lot 4, Section 17, Abstract
242, Brazoria County,
Texas, City of Pearland,
Brazoria County, Texas
(Generally Located at the
Northwest Corner of Manvel
Road (FM 1128) and Fite.
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 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 "J - 7 20 ��
No. Date 20
No Date 20
No. Date 20
No Date 20
Subscribe and sworn to befor •,-his -/ day of
20 O
ra Ann Emmons, Publisher
Notary Public, State of Texas
Published Aug. 31 and
Sept. 7, 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. 1242
Notice is hereby given that
on September 19, 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
Signature Eubanks and
Associates, applicant for the
Estate of Alfred Hrbacek
and Annie Hrbacek, owner,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
to General Business District
(GB), on the following
described property, to wit:
10.00 acres, approximately,
being the south 7.5 acres of
Tract 4 of the subdivision of
Section 17, H.T. & B.R.R.
Company Survey, Abstract
242, in Brazorias County,
Texas, according to the plat
thereof as it appears of
record in the Office of the
County Clerk of Brazoria
County, Texas; and the
north 2.5 acres of the South
10 acres of the South 20
acres of the East 60 acres
of the northeast one quarter
of Section 17, H.T. & B.R.R.
Company Survey, Abstract
242, this same property has
sometimes been known and
referred to and described as
Lot 4, Section 17, Abstract
242, Brazoria County,
Texas, City of Pearland,
Brazoria County, Texas
(Generally Located at the
Northwest Corner of Manvel
Road (FM 1128) and Fite
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
P1aimiii & Zoning Commission
Recommendation Letter
September 30, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1242, a request by Signature
Eubanks and Associates, applicant for the Estate of Alfred Hrbacek and Annie Hrbacek,
owner, for an amendment to the Land Use and Urban Development Ordinance of said
City, for approval of a change in zoning district from classification Suburban
Development District (SD) to General Business District (GB)
Honorable Mayor and City Council Members:
At their regular meeting of September 19, 2005, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Suburban
Development District (SD) to General Business District (GB), on the following property:
Legal Description: 10.00 acres, approximately, being the south 7.5 acres of Tract 4 of the
subdivision of Section 17, H.T. & B.R.R. Company Survey, Abstract 242,
in Brazorias County, Texas, according to the plat thereof as it appears of
record in the Office of the County Clerk of Brazoria County, Texas; and
the north 2.5 acres of the South 10 acres of the South 20 acres of the
East 60 acres of the northeast one quarter of Section 17, H.T. & B.R.R.
Company Survey, Abstract 242, this same property has sometimes been
known and referred to and described as Lot 4, Section 17, Abstract 242,
Brazoria County, Texas, City of Pearland, Brazoria County, Texas
General Location: Generally Located at the Northwest Corner of Manvel Road (FM 1128)
and Fite Road
Commission Member Iocco made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Greiner. The motion to approve passed
4 — 0. The zone change was recommended for approval by the Planning and Zoning
Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 1242
Page 3 of 3
PEPIN ARNE W & CONSTANCEM
HAWK WILLIA
SIGNATURE EUBANKS
-& ASSOCIATES
H & R OPERATOR`
SERVICES INC
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ROSA JOSS DAVID
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■■ ' GIBSON BILLY_R_
SUBJECT PROPERTY _
...
I PEARLAND ISD
200 NOTIFICATION LIMITS
PEPIN ARNEW & CONSTANCE.M
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DOLANEUGENE
MILLER GRADY M-
MILLER JERRY A
GABRIEL PATRICK, WILLIAM
D. R HORTONTEXAS LTD
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OWNERSHIP MAP WN E
Zone Change Application
No. 1242
0 200 400 Feet
I�III I
Map Prepared on August 29, 2005
PROP ID OWNER
R166382
R248482
R248486
R546099
R547588
R545222
R497343
R546158
R166386
R166379
R248480
R166378
R248481
R166368
R248483
R166367
R248484
R166385
R519467
R166375
SIGNATURE EUBANKS & ASSOC
ROSA JOSE DAVID
GIBSON BILLY R
CITY OF PEARLAND
CITY OF PEARLAND
CITY OF PEARLAND
PEARLAND ISD
CITY OF PEARLAND
D R HORTON-TEXAS LTD
HAWK WILLIAM F
SIGNATURE EUBANKS & ASSOC
PEPIN ARNE W & CONSTANCE M
PEPIN ARNE W & CONSTANCE M
DOLAN EUGENE
HRBACEK ALFRED C ESTATE
MILLER GRADY M & JERRY
HRBACEK ALFRED C ESTATE
MILLER JERRY A & GRADY M
H & R OPERATOR SERVICES INC
CITY OF PEARLAND
GABRIEL PATRICK WILLIAM
ZONE CHANGE APPLICATION NO. 1242
Property Owner Notification List
ADDRESS CITY
7757 SAN FELIPE ST STE 204
11410 SHARPVIEW DR
3118 ALEXANDROS CT
3519 LIBERTY DR
3519 LIBERTY DR
3519 LIBERTY DR
PO BOX 7
3519 LIBERTY DR
1525 LAKE FRONT CIR
PO BOX 941
7757 SAN FELIPE ST STE 204
2933 MANVEL RD
2933 MANVEL RD
3833 AUBRELL RD
6619 CONLON ST
PO BOX 1
6619 CONLON ST
P 0 BOX 1
PO BOX 178
3519 LIBERTY DR
PO BOX 1287
HOUSTON
HOUSTON
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
THE WOODLANDS
PEARLAND
HOUSTON
PEARLAND
PEARLAND
PEARLAND
HOUSTON
PEARLAND
HOUSTON
PEARLAND .
PEARLAND
PEARLAND
ALVIN
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
77063-1606
77072-2912
77584-7987
77581-5416
77581-5416
77581-5416
77588-0007
77581-5416
77380-3604
77588-0941
77063
77584-7541
77584-7541
77584-8315
77061-1611
77588-0001
77061-1611
77588
•77588-0178
77581-5416
77512-1287
A0242 H T & B R R, TRACT 3, ACRES 8.3527
SKYWAY MANOR (A0241 H T & B), BL 3, LT 19, ACRES 1.000
SKYWAY MANOR (A0241 H T & B), BL 3, LT 22, ACRES 0.8306
A0242 H T & B R R, TRACT 4B2, ACRES .3291
SKYWAY MANOR (A0241 H T & B), BL 3, LT 22A, ACRES 0.1639
A0241 H T & B R R, TRACT 4A2A1-4B1, ACRES 0.6235
A0241 H T & B R R, TRACT 4A2A-4B, ACRES 86.2895
A0242 H T & B R R, TRACT 7A, ACRES 0.1441
A0242 H T& B R R, TRACT 6-6C-6C1-6D-9B-9, ACRES 56.5391
A0242 H T & B R R, TRACT 4C, ACRES 4.690
APPLICANT
SKYWAY MANOR (A0241 H T & B), BL 3, LT 17, ACRES 1.000
LT 4 242 H T & B, ACRES 4.690
SKYWAY MANOR (A0241 H T & B), BL 3, LT 18, ACRES 1.000
A0242 H T & B R R, TRACT 4B1, ACRES 2.500
SKYWAY MANOR (A0241 H T & B), BL 3, LT 20, ACRES 1.000
A0242 H T & B R R, TRACT 46, ACRES 7.1709
SKYWAY MANOR (A0241 H T & B), BL 3, LT 21, ACRES 0.500
A0242 H T & B R R, TRACT 3E, ACRES 1.000
A0242 H T & B R R, TRACT 3G (ROW), ACRES 0.0243
A0242 HT&BR R, TRACT 7, ACRES 4.1119
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF SEPTEMBER 19, 2005
Zone Change Application No. 1242
TO: City Council
Planning and Zoning Commission
SUBJECT: A request by Signature Eubanks and Associates, applicant for
the Estate of Alfred Hrbacek and Annie Hrbacek, owner, for an
amendment to the Land Use and Urban Development
Ordinance of said City, for approval of a change in zoning
district from classification Suburban Development District (SD)
to General Business District (GB)
LEGAL 10.00 acres, approximately, being the south 7.5 acres of Tract 4
DESCRIPTION: of the subdivision of Section 17, H.T. & B.R.R. Company
Survey, Abstract 242, in Brazoria; County, Texas, according to
the plat thereof as it appears of record in the Office of the
County Clerk of Brazoria County, Texas; and the north 2.5
acres of the South 10 acres of the South 20 acres of the East
60 acres of the northeast one quarter of Section 17, H.T. &
B.R.R. Company Survey, Abstract 242, this same property has
sometimes been known and referred to and described as Lot 4,
Section 17, Abstract 242, Brazoria County, Texas, City of
Pearland, Brazoria County, Texas
GENERAL
LOCATION:
Generally Located at the Northwest Corner of Manvel Road (FM
1128) and Fite Road
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: September 19, 2005*
City Council for First Reading: October 10, 2005*
City Council for Second Reading: October 24, 2005*
(*dates subject to change if item is tabled)
ZCA No. 1242
Page 1
SUMMARY: The applicant is requesting a change in zoning on the subject property for a
General Business District (GB). The subject property was annexed into the City in 1999
and was subsequently zoned SD. The subject property is currently developed with
agricultural uses and various small buildings.
The applicant has indicated that the purpose of the zone change is to allow for the
development of a general business district uses, such as retail and offices.
SURROUNDING ZONING AND LAND USES:
Zoning
North Commercial District (C)
South
East
West
Commercial District (C) and'"
Single Family Dwelling District
(R-2)
Suburban Development
District (SD); Multi -Family
District (MF)
Commercial District (C);
General Business District
(GB), with a Specific Use
Permit for mini-
storage/warehouse
Land Use
Commercial business
Undeveloped tract; future single
family residential subdivision; Rogers
Middle School to the southeast
Various businesses and residential
uses
.1
Undeveloped tracts; existing
commercial business
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 currently
consists of two lots that would need to be combined or replatted as one lot. The subject
property, both lots combined, meet these minimum requirements, as the subject property is
over 400 feet wide and approximately 10 acres in size.
The applicant will be required to comply with all other requirements of the Land Use and
Urban Development Ordinance.
PLATTING STATUS: Based on the legal description submitted with the zone change
ZCA No. 1242
Page 2
application, it appears that the subject property has not been platted. The subject property
may 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.
However, if the applicant is able to submit documentation indicating that the subject
property has been in its present configuration since March 1981, platting may not be
required. March 1981 is the effective date of the Subdivision Ordinance, which requires all
properties within the City of Pearland to be platted upon a change in configuration.
Since the subject property currently consists of two Tots, both lots would have to be
combined as one building site in order to comply with the minimum lot size and width of the
GB district.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Retail, Offices, and Services" for the
subject property and for many of the surrounding properties on Manvel Road. 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 for General Business District (GB) conforms to the Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Manvel Road, a major thoroughfare with an ultimate right-of-way of 120 feet.
The subject property also has frontage on Fite Road, a major collector street with an
ultimate right-of-way of 80 feet.
No other roadways affect the subject property.
The applicant may be responsible for the dedication of right-of-way for Fite Road and
Manvel Road if the subject property is required to be platted.
AVAILABILITY OF UTILITIES: There is a 12 inch water main located on the south side of
Fite Road, and a 12 inch water main located on the east side of Manvel Road. Sanitary
sewer service is available by way of a 24 inch gravity main along the north side of Fite
Road, and an 18 inch gravity main along the west side of Manvel Road.
ZCA No. 1242
Page 3
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The proposed zone change
should not significantly affect the surrounding properties. The proposed zone change to.
GB conforms to the Comprehensive Plan designation of retail, office, and service uses.
Many of the tracts along Fite Road and both sides of Manvel Road are zoned as GB and
many are developed or are developing with general business district uses. Many tracts are
also zoned as Commercial District (C) or Neighborhood Service District (NS).
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 or building permit, 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 Manvel Road and Fite Road.
A middle school is located at the southeast corner of Fite Road and Manvel Road. The
proximity of•the subject property to the middle school may be of concern due to traffic, '
associated with the school and the development of the subject property. During a recent
zone change on Harkey Road, the Council and Commission expressed concerns with a GB
zoning change located within close proximity to a school, and has indicated that NS or OP
may be more appropriate in that area.
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 General Business District uses, consistent
with the "Retail, Office, and Service" uses as recommended by the Comprehensive
Plan, thereby being in conformance with the Comprehensive Plan. However, an NS
or OP district would also be appropriate for the subject property.
2. The proposed zone change is consistent with existing GB zoning districts along Fite
Road and Manvel Road, as well as being consistent with existing general business
uses within the subject area.
ZCA No. 1242
Page 4
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. 1242
Page 5
SUBJECT PROPERTY
ZONING MAP
Zone Change Application
No. 1242
W+E
0 200 400 Feet
litil
Map Prepared on August 29, 2005
FUTURE LAND USE PLAN WE
Zone Change Application
No. 1242
0 200 400 Feet
litil I
Map Prepared on August 29, 2005