Ord. 509-801 10-21-05ORDINANCE NO. 509-801
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 5.00 ACRES, BEING THE SOUTH ONE-
HALF OF LOT 21, OF THE ALLISON-RICHEY GULF COAST HOME
COMPANY SUBDIVISION OF SECTION 8, OF THE H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 504, ACCORDING TO THE MAP OR PLAT THEREOF,
AS RECORDED IN VOLUME 2, PAGE 23 AND 24, OF THE PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF ROY
ROAD, AND NORTH OF FM 518 (BROADWAY STREET)) (ZONE CHANGE
APPLICATION NO. 1241) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE
REQUEST OF CHARLES C. MOFFETT, 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, Charles C. Moffett, owner, filed on August 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 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. 509-801
regarding the proposed amendment application by Charles C. Moffett, 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 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 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 Charles C. Moffett, 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:
5.00 acres, being the south one-half of Lot 21, of the Allison -Richey Gulf Coast
Home Company Subdivision of Section 8, of the H.T. & B.R.R. Company Survey,
Abstract 504, according to the map or plat thereof, as recorded in Volume 2,
Page 23 and 24, of the Plat Records of Brazoria County, Texas, City of
Pearland, Brazoria County, Texas (Generally Located on the East Side of Roy
Road, and North of FM 518 (Broadway Street))
2
ORDINANCE NO. 509-801
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. 509-801
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:
UNG
TY S RETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of October , 2005.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
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
raZChange in Zoning Classification from: S. D• to: (4mm 'i c i19.
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for : /✓/ (list proposed use)
Property Information:
Address: 02✓''/1 /?oy k o
Subdivision: A A.cail "Ta- 2�
Tax I.D. Number: G 58 " v aJ6 0o0
Lot: �/ s/)- Block: 5 �6`'-ige-s
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property /� /�
(type of structures on property): I�Ye�lsc GaokKSiiep A 41e-
Future/proposed use of property and reason for zone change: Joss. a-c e e'o •7 c,Qc I;'.--
Z1C /e •<m z%,./ 7—
PROPERTY OWNER INFORMATION:
NAME �Ai�ie' e-s , �/ �,/=`/c 77 -
ADDRESS , 5 y 9 ka), Qom•
CITY /4i9 'J- -'o STATE R ZIP 7 7,5P/
PHONE( / ) -17/ //
c ) i 9.9 yzG .g)
APPLICANT INFORMATION:
NAME C, (i9,'.LCs e>r
ADDRESS o3f.5yf Way �D
CITY /�/4-4-v-P STATE 71‘', ZIP
PHONE( ) 5/�.s---oo✓/
f / ) 79.9- L,
77_57/
E-MAIL ADDRESS E-MAIL 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 understar that I am fully responsible for the correctness of the
legal description given.
Owner's Signature.
Date: e - U S
Agent's Signature: Date:
OFFICE USE ONLY: FEES PAID:
DATE PAID:
RECEIVED BY: APPLICATION NO. q /
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SUBJECT PROPERTY
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LOCATION MAP
Zone Change Application
No. 1241
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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, .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 j issues, as follows:
No. i Date J/ 20 ( S
No. Date 20
No Date 20
No. Date 20
No. Date 20
if
Subscribe and sworn to before me this
2
LAURA ANN,FMMONS
Notar, Public, State of Texas
Commission Expires 09-09.2005
S
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. 1241
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 nearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Charles C. Moffett, 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 Commercial District (C),
on the following described
property, to wit:
5.00 acres, being the south
one-half of Lot 21, of the
Allison -Richey Gulf Coast
Home Company Subdivi-
sion of Section 8, of the
H.T. & B.R.R. Company
Survey, Abstract 504,
according to the map or plat
thereof, as recorded in
Volume 2, Page 23 and 24,
of the Plat Records of
Brazoria County, Texas,
City of Pearland, Brazoria
County, Texas (Generally
Located on the East 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.
/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 7 20 0-5-
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and 'sworn to before me this /
20O
LAURA ANN EMMO
Notary Public, State as
Commission Expires-200
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. 1241
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
Charles C. Moffett, 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 Commercial District (C),
on the following described
property, to wit:
5.00 acres, being the south
one-half of Lot 21, of the
Allison -Richey Gulf Coast
Home Company Subdivi-
sion of Section 8, of the
H.T. & B.R.R. Company
Survey, Abstract 504,
according to the map or plat
thereof, as recorded in
Volume 2, Page 23 and 24,
of the Plat Records of
Brazoria County, Texas,
City of Pearland, Brazoria
County, Texas (Generally
Located on the East 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.
/s/ Theresa Grahmann
Senior Planner
Planning & Zonin 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. 1241, a request by Charles
C. Moffett, 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 Commercial District (C), on
the following described property, to wit:
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 Commercial District (C), on the following property:
Legal Description: 5.00 acres, being the south one-half of Lot 21, of the Allison -Richey
Gulf Coast Home Company Subdivision of Section 8, of the H.T. &
B.R.R. Company Survey, Abstract 504, according to the map or
plat thereof, as recorded in Volume 2, Page 23 and 24, of the Plat
Records of Brazoria County, Texas, City of Pearland, Brazoria
County, Texas
General Location: Generally Located on the East Side of Roy Road, and North of FM
518 (Broadway Street)
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 1241
Page 3 of 3
•
CENTERPOINT ENERGY INC( CENTERPOINT ENERGY INC-
PREBILSKY J A'
FIRST CHOICE BANK
LENTZ MARY FRANCES
LENTZ LOUIS E
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CENTERPOINT ENERGY INC
(FM 518)_
OWNERSHIP MAP
Zone Change Application
No. 1241
0 200 400 Feet
S
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Map Prepared on August 29, 2005
PROP ID OWNER
R175693 PREBILSKY J A
R165891 LENTZ MARY FRANCES
R175635 MOSE DEVELOPMENT LLC
R175636 CENTERPOINT ENERGY INC ELECTRIC OPS
R175710 FIRST CHOICE BANK
R175712 CENTERPOINT ENERGY INC ELECTRIC OPS
R175705 CENTERPOINT ENERGY INC ELECTRIC OPS
R175621 TRAN THOMAS & DUNG HUNG TA
R165924 ADAMS FRANCES P FAMILY INT PTN LTD
R175677 CENTERPOINT ENERGY INC ELECTRIC OPS
R165798 LENTZ LOUIS E %MARY FRANCE LENTZ TR
R175704 BUSTAMANTE BLANCA R & FRANCISCO J
R175675 MOFFETT C C
R175703 RUTHERFORD M E & LYDIA
R175705 CENTERPOINT ENERGY INC ELECTRIC OPS
ZONE CHANGE APPLICATION NO. 1241
Property Owner Notification List
ADDRESS
2453 ROY RD
5119 BRIARBEND DR
PO BOX 149
PO BOX 1475
3100 S SHAVER ST
PO BOX 1475
PO BOX 1475
11022 GREEN ARBOR
2213 ROY RD
PO BOX 1475
5119 BRIARBEND DR
2534 GARDEN RD
2549-2 ROY RD
HC 32 BOX 136U
PO BOX 1475
CITY
PEARLAND
HOUSTON
PEARLAND
HOUSTON
SOUTH HOUSTON
HOUSTON
HOUSTON
HOUSTON
PEARLAND
HOUSTON
HOUSTON
PEARLAND
PEARLAND
UVALDE
HOUSTON
ST ZIP CODE LEGAL DESCRIPTION
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
77581-8601 A0504 H T & B R R, TRACT 20, ACRES 10.000
77035-3105 A0234 H T & B R R, TRACT 61, ACRES 10.000
77588-0149 A0504 H T & B R R, TRACT 44A, ACRES 3.900
77251-1475 A0504 H T & B R R, TRACT 44A1, ACRES 1.096
77587-4425 A0504 H T & B R R, TRACT 21 (N/2 PT), ACRES 1.000
77251-1475 A0504 H T & B R R, TRACT 43A, ACRES 2.176
77251-1475 A0504 H T & B R R, TRACT 44B1-45B, ACRES 2.209
77089 A0504 H T & B R R, TRACT 22, ACRES 10.000
77581-7697 A0234 H T & B R R, TRACT 63A, ACRES 5.00
77251-1475 A0504 H T & B R R, TRACT 45A1, ACRES 1.110
77035-3105 A0234 H T & B R R, TRACT 62, ACRES 10.000
77581-7780 A0504 H T & B R R, TRACT 44B, ACRES 1.000
77581-8603 A0504 H T & B R R, TRACT 21 S/2, ACRES 5.000
78801-9707 A0504 H T & B R R, TRACT 44E-45, ACRES 4.54
77251-1475 A0504 H T & B R R, TRACT 44B1-45B, ACRES 2.209
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF SEPTEMBER 19, 2005
Zone Change Application No. 1241
TO: City Council
Planning and Zoning Commission
SUBJECT:
LEGAL
DESCRIPTION:
GENERAL
LOCATION:
A request by Charles C. Moffett, 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 Commercial District (C)
5.00 acres, being the south one-half of Lot 21, of the Allison -
Richey Gulf Coast Home Company Subdivision of Section 8, of
the H.T. & B.R.R. Company Survey, Abstract 504, according to
the map or plat thereof, as recorded in Volume 2, Page 23 and
24, of the Plat Records of Brazoria County, Texas, City of
Pearland, Brazoria County, Texas
Generally Located on the East 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: 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
Commercial District (C). The subject property was annexed into the City in 1997 and was
subsequently zoned SD. The subject property currently contains an existing house,
workshed, and pole barn.
ZCA No. 1241
Page 1
The applicant has indicated that the purpose of the zone change is to allow for possible
commercial development.
SURROUNDING ZONING AND LAND USES:
North
South
East
West
Zoning
Commercial District (C)
Suburban
District (SD)
Suburban
District (SD)
Development
Development
Commercial District (C)
Land Use
Commercial/industrial business
Undeveloped tract
Undeveloped tract; various
commercial businesses
Undeveloped tracts
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
200 feet of frontage along Roy Road, and is approximately 5 acres in size.
PLATTING STATUS: 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.
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 and FM 518. The
ZCA No. 1241
Page 2
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
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. 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 Commercial District (C), Light Industrial District (M-1), and Suburban
Development District (SD). A Light Industrial District is located at the northeast corner of
the tract and was approved in August of 1999.
The applicant has indicated that the Commercial District was requested in order to allow a
wide variety of uses for the subject property. The main difference between the C district
and the lesser intense GB 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.
The property to the north is currently zoned Commercial District and is developed with a
commercial business. Several of the properties to the west of the subject property are
zoned for Commercial District. The Commercial District directly to the west of the subject
tract, approximately 20 acres, was zoned as Commercial District on July 25, 2005.
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 three 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 some of the
tracts to the north of the subject property are zoned, those properties may be viewed as a
ZCA No. 1241
Page 3
transition to the low density residential tracts further 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 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 Roy Road.
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. 1241
Page 4
ZONING MAP
Zone Change Application
No. 1241
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Map Prepared on August 29, 2005
FUTURE LAND USE PLAN "
E
Zone Change Application S
No. 1241
0 200 400 Feet
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Map Prepared on August 29, 2005