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Ord. 509-799 10-21-05ORDINANCE NO. 509-799 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 8.290 ACRES, BEING A PART OF LOT 12 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 21, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 309, AS RECORDED IN VOLUME 2, PAGE 23, OF THE BRAZORIA COUNTY PLAT RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND EAST OF OWER LANE) (ZONE CHANGE APPLICATION NO. 1245) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF HIEP PHAM, APPLICANT FOR FORTRESS PEARLAND INVESTMENT, LLC, 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, Hiep Pham, applicant for Fortress Pearland Investment, LLC, owner, filed on August 18, 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 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 1 ORDINANCE NO. 509-799 regarding the proposed amendment application by Hiep Pham, applicant for Fortress Pearland Investment, LLC, 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 Hiep Pham, applicant for Fortress Pearland Investment, LLC, owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) is hereby zoned to General Business District (GB), such property being more particularly described as: 8.290 acres, being a part of Lot 12 of the Allison Richey Gulf Coast Home Company Subdivision of Section 21, H.T. & B.R.R. Company Survey, Abstract 309, as recorded in Volume 2, Page 23, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of FM 518 (Broadway Street), and East of Ower Lane) 2 ORDINANCE NO. 509-799 II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of 3 ORDINANCE NO. 509-799 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. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day of October , 2005. APP VED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 APPLICATION FOR A CHANGE IN ZONING Please check one: [( Change in Zoning Classification from: to: 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 (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: Address: Subdivision: r'r�1 -1 � rv, (A-{F Lot: / Block: Tax I.D. Number: �1646062 030q - O O2 4 - / 2 Q ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): ( vt Future/proposed use of property and reason for zone change: S k 0.1) ; 0 PROPERTY OWNER INFORMATION: NAME T"O-fTT? Ft i!L/1iJ IA)11E'; (CO C ADDRESS `/? / LA-) - CITY0L)STD Al STATE TX ZIP 76A4C PHONE !2 )E-OS - t/-1 FAX( 71i ) S 0 U E-MAIL ADDRESS (-1(A. jl4;j €F Gz' r.� 1,,,;7f - 'rM APPLICANT INFORMATION: NAME 4u E ADDRESS CITY STATE ZIP PHONE( ) FAX( E-MAIL ADDRESS C�v4� 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.,. u �dorstand that I am fully responsible for the correctness of the legal description given. ;' Owner's Signature: Date: / 7 - OS' Agent's Signature: Date: OFFICE USE ONLY: FEES PAID: DATE PAID: . RECEIVED BY: f t' APPLICATION NIO. J ,24-.5 FM 518 ROADWAY ST 1 1111111111111111 SUBJECT PROPERTY LOCATION MAP B Zone Change Application No. 1245 W+E 0 200 400 Feet IIIII I Map Prepared on August 29, 2005 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 20 eg No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to b 20aS .04:2 LAUV A ANN State ut Texas t mo ' �, i es 09-09 f l0 . 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. 1245 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 Hiep Pham, applicant for Fortress Pearland Invest- ment, LLC, owner, for an amendment to the Land Use and Urban Develop- ment 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: 8.290 acres, being a part of Lot 12 of the Allison Richey Gulf Coast Home Company Subdivision of Section 21, H.T. & B.R.R. Company Survey, Abstract 309, as recorded in Volume 2, Page 23, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of FM 518 (Broadway Street), and East of Ower Lane) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lldyd 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 7 20 No Date 20 No Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this day of 20� L w P AO EMMONS �tateofTe Notary Public, ices 09 0' 29 Commission M Laura nn 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. 1245 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 Hiep Pham, applicant for Fortress Pearland Invest- ment, LLC, owner, for an amendment to the Land Use and Urban Develop- ment 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: 8.290 acres, being a part of Lot 12 of the Allison Richey Gulf Coast Home Company Subdivision of Section 21, H.T. & B.R.R. Company Survey, Abstract 309, as recorded in Volume 2, Page 23, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of FM 518 (Broadway Street), and East of Ower Lane) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner P1anhin & 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. 1245, a request by Hiep Pham, applicant for Fortress Pearland Investment, LLC, 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: 8.290 acres, being a part of Lot 12 of the Allison Richey Gulf Coast Home Company Subdivision of Section 21, H.T. & B.R.R. Company Survey, Abstract 309, as recorded in Volume 2, Page 23, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas General Location: Generally Located on the South Side of FM 518 (Broadway Street), and East of Ower Lane Commission Member Greiner made a motion to recommend approval of the zone change request, which was seconded by Commission Member Iocco. 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 1245 Page 3 of 3 - �111Do11 l 11.2 mookundguiennifi �. rum nnow aim. "pm 111 p1111111111m� 1II ,� � 1111 �Ci: MIME THE OLD PLACE INC. FM 518 WEST LTD PEARLAND PLAZA LP • CITY OF PEARLAND ir,„ a 0 iiiiii 111 / A I it= lior 111 I SILVER PEAR 518 BUSINESS PARK LTD BROADWAY ST FM 518 GAFFORD ANNE PARMESAN HEADWAY ESTATES F B C 120 LTD SUBJECT PROPERTY 200' NOTIFICATION LIMITS WPM MIN mil OM OWNERSHIP MAP W+E Zone Change Application No. 1245 0 200 400 Feet IIIII I Map Prepared on August 29, 2005 PROP ID OWNER R175958 SILVER PEAR 518 BUSINESS PARK LTD R168579 SU CHENG HUEY TR R168606 HUDDLE DANIELLE R168571 PEARLAND PLAZA LP FORTRESS PEARLAND INVESTMENT LLC R175877 THE OLD PLACE INC R175960 FM 518 WEST LTD %BPI R544533 CITY OF PEARLAND R168619 F B C 120 LTD R168634 HEADWAY ESTATES R168614 GAFFORD ANNE PARMESAN ZONE CHANGE APPLICATION NO. 1245 Property Owner Notification List ADDRESS 6161 SAVOY DR STE 1212 102 PEBBLEBROOK CT 9315 VILLAGE CENTER CT 3922 ABBEYWOOD DR 4318 W FUQUA PO BOX 703 11753 W BELLFORT ST STE 114 3519 LIBERTY DR 7676 WOODWAY DR STE 238 7676 WOODWAY DR STE 238 9926 GOLD CUP WAY CITY ST ZIP CODE LEGAL DESCRIPTION HOUSTON TX 77036-3316 SUGAR LAND TX 77478-3935 HOUSTON TX 77064-3851 PEARLAND TX 77584 HOUSTON TX 77045 MANVEL TX 77578-0703 STAFFORD TX 77477-1327 PEARLAND TX 77581-5416 HOUSTON TX 77063-1522 HOUSTON TX 77063-1522 HOUSTON TX 77065-4122 A0506 H T & B R R , TRACT 45-45B, ACRES 3.6771, PEARLAND A0309 H T & B R R, TRACT 17, ACRES 8.840 A0309 H T & B R R, TRACT 12 (UND 1/6 OF 1/2), ACRES 0.738 A0309 H T & B R R, TRACT 7B, ACRES 2.710 PROPERTY OWNER A0506 H T & B R R, TRACT 30-30A, ACRES 9.930 A0506 H T & B R R, TRACT 14-15, ACRES 9.6569, PEARLAND A0506 H T & B R R , TRACT 45B2, ACRES 0.0298 A0309 H T & BR R, TRACT 18, ACRES 10.000 A0309 H T & B R R, TRACT 13, ACRES 9.9978 A0309 HT&BR R, TRACT 8 (UND 1/6 OF 1/2), ACRES 0.813 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF SEPTEMBER 19, 2005 Zone Change Application No. 1245 TO: City Council Planning and Zoning Commission SUBJECT: A request by Hiep Pham, applicant for Fortress Pearland Investment, LLC, 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 8.290 acres, being a part of Lot 12 of the Allison Richey Gulf DESCRIPTION: Coast Home Company Subdivision of Section 21, H.T. & B.R.R. Company Survey, Abstract 309, as recorded in Volume 2, Page 23, of the Brazoria County Plat Records, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Generally Located on the South Side of FM 518 (Broadway Street), and East of Ower Lane 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) 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 1996 and was subsequently zoned SD. The subject property is currently undeveloped. ZCA No. 1245 Page 1 The applicant has indicated that the purpose of the zone change is to allow for the development of a shopping center. SURROUNDING ZONING AND LAND USES: Zoning Land Use North Suburban Development Retail/office strip center District (SD) South Suburban Development Undeveloped tract District (SD) East General Business District Undeveloped tract (GB) West General Business District Undeveloped tract (GB) 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 in its present configuration meets these minimum requirements, as the subject property is over 800 feet wide and over 8 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 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. ZCA No. 1245 Page 2 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 Broadway Street. The adjacent property to the south is designated for suburban residential lots. 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 Broadway Street, a major thoroughfare with an ultimate right-of-way of 120 feet. The Thoroughfare Plan also specifies a 60 foot wide collector street located in the vicinity of the subject property. Since the Thoroughfare Plan provides general locations of roadways, it does not specify the exact location of roadways. The exact locations of roadways are determined based on traffic impact analyses. The collector street in question may follow the alignment of Ower Lane, thereby intersecting Broadway Street at Sunrise Meadow Drive, and thereby not affecting the subject tract at all. Or the collector street may follow the alignment of another road in the area, and intersecting Broadway Street at Hillhouse Road, which would affect the subject property. At this time, it is unclear what the alignment of this 60 foot wide collector will be. Therefore, when the subject property is developed for the general business district uses, a traffic impact analysis will be required, and at that point, the location of the 60 foot wide collector street will be determined. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: There is a 16 inch water main located on the south side of FM 518. There is a 30 inch gravity sanitary sewer line along the north side of FM 518. 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. It appears that many of the tracts along FM 518 are zoned as GB and many are developed or are developing with general business district uses. 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. ZCA No. 1245 Page 3 However, the City is currently in the process of updating the Zoning Map along with the Unified Development Code. The updated Zoning Map shows that all properties currently zoned as SD will be rezoned in conformance with the Comprehensive Plan. Therefore, it is anticipated that the property to the south will be zoned as residential in the near future, and the developer of the subject property would be required to construct a 6 foot high masonry fence along the southern property line. The same is true for the adjacent tracts to the west and east. 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 Broadway Street. 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, with a Specific Use Permit for single family residential uses, 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. 2. The proposed zone change is consistent with existing GB zoning districts along Broadway Street, as well as being consistent with existing general business 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. 1245 Page 4 ZONING MAP Zone Change Application No. 1245 N W+E S 0 200 400 Feet III1I I Map Prepared on August 29, 2005 FUTURE LAND USE PLAN N W Zone Change Application No. 1245 E 0 200 400 Feet I11II I Map Prepared on August 29, 2005 AFFIDAVIT OF PUBLICATION (51/19 151 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 O— No Date 20 No Date 20 No Date 20 - No. Date 20 S.4Jbscribe and sworn to before me this 20 &. `AaryPbli Notary ► state of 0e2 Commission Expires 09" Texas ofefnifr,aJ President day o Laura Ann Emmons, Publisher Notary Public, State of Texas Published July 27 and! August 3, 2005• NOTICE OF A JOINT ; PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ; SPECIFIC USE PERMIT' APPLICATION NO. 151 Notice is hereby. given that ; i on August 15, 2005, at 6:30 p.m., the City Council and Planning -and Zoning, Commission of tfie 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 Voice Stream Houston, , applicant for Randy A. and, Connie L. Lange,.owners, ' for an amendment to the Land Use and Urban' Development Ordinance of, said City, for approval of a; Specific Use Permit for `Radio or Television or Microwave Towers, (Commercial)" in the Light, , Industrial District (M-1(S)),' ' on the following described; property; to wit: 4.9292 acre tract of land being out of and a part of Lot 58 and 57 of Figland Orchard Subdivision, a sub- division out of Section 13 of , the H.T. "& B.R.R. Company , Survey, Abstract 240,, according to the map or plat of same being recorded in Volume 3, Page 77, of the; Plat Records of Brazoria' County, City of Pearland„ Brazoria County, Texas; (Generally Located on the; East Side of Harkey Road, And South of Figland Street)I, • At said hearing all interest; ed parties shall have the; right and opportunity to: appear and be heard on the' subject. + { /slfheresa Grahmann ISenior Planner