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Ord. 509-723 05-06-04ORDINANCE NO. 509-723 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 1.193 ACRES OUT OF THE W.D.C. HALL LEAGUE, ABSTRACT 70, BRAZORIA COUNTY, TEXAS, AND BEING PART OF TRACT ONE OF THE PARTITION OF THE YOST ESTATE, 120.44 ACRES AS RECORDED IN VOLUME 6, PAGE 142, PLAT RECORDS BRAZORIA COUNTY, TEXAS; AND 1.9355 ACRES OF LAND OUT OF THE W.D.C. HALL LEAGUE, ABSTRACT 70, BRAZORIA COUNTY, TEXAS, AND BEING PART OF TRACT TWO OF THE PARTITION OF THE YOST ESTATE, 120.44 ACRES RECORDED IN VOLUME 6, PAGE 142, PLAT RECORDS BRAZORIA COUNTY, TEXAS, (GENERALLY LOCATED AT THE NORTHWEST CORNER OF FM 518 AND HAMM ROAD) (APPLICATION NO. 1172) FROM CLASSIFICATION NEIGHBORHOOD SERVICE DISTRICT (NS) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF JIM MCGREGOR, AIA, FOR R. ELLIS MANAGEMENT GROUP, 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, Jim McGregor, AIA, for R. Ellis Management Group, LLC Owner, filed on April 5, 2004, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use as provided for in said Section 28, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A"; and WHEREAS, on the 17th day of May, 2004, 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 27th day of May, 2004, the Planning and Zoning Commission 1 ORDINANCE NO. 509-723 of the City submitted its report .and recommendation to the City Council regarding the proposed amendment application by, Jim McGregor, AIA, for R. Ellis Management Group, LLC Owner, whereby the Commission's recommends the approval for the change of classification for the property described in Exhibit "A" from its existing classification of Neighborhood Service District (NS) to Planned Unit Development (PUD); 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 June 14, 2004; 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 Jim McGregor, AIA, for R. Ellis Management Group, 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: I . The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Neighborhood Service District (NS) to Planned Unit Development (PUD), such property being more particularly described as: 1.193 acres out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract One of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas; and 1.9355 acres of land out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract Two of the Partition of the Yost Estate, 120.44 acres recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas, (Generally Located at the Northwest Corner of FM 518 and Hamm Road) 2 ORDINANCE NO. 509-723 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 Ordinance No. 509 and consistent with the approval herein granted for the reclassification of the herein above described property. 3 ORDINANCE NO. 509-704 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 14th day of June , 2004. TOM REID MAYOR ATTEST: NG`ri'F Y S RETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28thday of June , 2004. ATTEST: APPROVED AS TO FORM: ork_ DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 Current use of property (type of structures on property): Proposed use of property: PAID APR 052004 APPLICATION FOR A CHANGE IN ZONING Please check one: XChange in Zoning Classification from: Ns (list current zoning) ❑ Specific Use Permit Request for : (list proposed use) to: City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us Pl1D (list proposed zoning) Property Information: /LA2S 20/ i bigo4� ,?y, .°r4 775g/ Address: Subdivision: N4- - Tax I.D. Number: 174 — O454.5/ 9 Lot: Block: ** For unplatted property, attach a copy of the mete§ and bounds description**,SGE >A/ / / Pi/G) ,C/ 477 /t' e5a'K ,,ROC"&.... iDN9 NS' PROPERTY OWNER INFORMATION: NAME R. E I I t5 (11‘,..,)�gEMENT G(ZouP .'L L.L.FLAicvy K. Ili s lops Ms — rttEsIDEAT ADDRESS Aoic E. Rvwn.13.1 CITY PEAR\At.10 STATE I ZIP -1"7581 PHONE(A8 / ) (- - (-No FAX( c/ ) 4-1185 - 3Bite:. E-MAIL ADDRESS APPLICANT/AGENT INFORMATION: NAME T/NI Mc&i2E66/ A'%f/- ADDRESS S U PDST'2'}ie , -V12 reo CITY 1iV 510A) STATE 7%X ZIP 770 27 PHONE( 7/-3 ) �5G /33 FAX( %/ 3) �SD D.F33 E-MAIL ADDRESS 744RE66e ga°495-Ca 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 checkedetion. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signatur Agent's Signature: Date: c9/ Date: 1 " S �� OFFICE USE ONLY: FEES PAID: k / / �1 `1 0 0" DATE PAID: "5--0q APPLICATION NO. jig 02, RECEIVED BY: -ATZ SUBJECT PROPERTY LOCATION MAP Zone Change Application No. 1172 Owner: Randy K. Ellis/Jim McGregor Northwest Corner of FM 518 and Hamm Road (NS - PUD) W+E 0 200 400 Feet 1 1 1 1 1 one .117a AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No / Date `7" PJ 20 041 No Date 20 No Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 .... • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09_09-2006 /U day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published April 28 & May 5, 2004 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.1172 Notice is hereby given that on May 17, 2004, 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 Jim McGregor, AIA, appli- cant for R. Ellis Management Group, LLC — Randy K. Ellis, DDS MS, President, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Neighborhood Service District (NS) to Planned Unit Development (PUD), on the following described proper- ty, to wit: Tract A: Being a tract of land containing 1.913 acres out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract One of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas, and being more particularly described by metes and bounds as fol- lows: (Bearings based on the northerly right-of-way line of East Broadway according to Deed Records of Brazoria County, Texas): COMMENCING at a 5/8 inch iron rod found at the intersection of the Northerly right-of-way of F.M. 518 (100' Right -of -Way), also known as East Broadway, and the Westerly right-of- way line of Hamm Road (60' Right.of-Way); THENCE North 64 degrees 06 minutes 00 seconds West, along the said Northerly Right-of-way line of F.M. 518, a distance of 322.43 feet to a 1 inch iron pipe found for corner and the PLACE OF BEGINNING of the herein described tract; THENCE North 64 degrees 06 minutes 00 seconds West, continuing along said Right-of-way, a distance of 238.70 feet to a 5/8 inch iron rod set for the Southwest corner and being in the southeasterly line of a 2.144 Acre Tract as described in Volume 1416, Page 368 of the Brazoria County Deed Records; THENCE North 45 degrees 00 minutes 00 seconds East, along said south east- erly property line, a distance of 408.49 feet to a 5/8 inch iron rod set for the Northwest corner of the herein described tract, also being the angle corner of the aforementioned 2.414 Acre Tract; THENCE South 45 degrees 00 minutes 00 seconds East, along the south line of the aforementioned 2.414 Acre Tract,a distance of 225.56 feet to a 2 inch iron pipe found for the Northeast corner of the herein described tract; THENCE South 45 degrees 00 minutes 00 seconds, a distance of 330.38 feet to the PLACE OF BEGINNING and containing within these calls 1.913 acres or 83,329 square feet of land more or less. Tract B: Being a tract of land containing 1.9355 acres of land out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract Two of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas, and being more par- ticularly described by metes and bounds as follows: (Bearings based the northerly right-of-way line of East Broadway according to Deed Records of Brazoria County, Texas): BEGINNING at a 5/8 inch iron rod found at the inter- section of the Northerly right-of-way of F.M. 518 (100' Right-of-way), also known as East Broadway, and the Westerly right-of- way line of Hamm Road (60' Right-of-way); THENCE North 64 degrees 06 minutes 00 seconds West, along the said Northerly Right-of-way line of F.M. 518, a distance of 322.43 feet to a 1 inch iron pipe found for comer, THENCE North 45 degrees 00 minutes 00 seconds --7_tru A -pp. Ill? AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. Date S c 20 i2V___ No. Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 Olt :............... LAURA ANN EMMONS Notary public Commission Expires of Texas :..... 09-09-2006 •........................ day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published April 28 & May 5, 2004 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. 1172 Notice is hereby given that on May 17, 2004, 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 Jim McGregor, AIA, appli- cant for R. Ellis Management Group, LLC — Randy K. Ellis, DDS MS, President, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Neighborhood Service District (NS) to Planned Unit Development (PUD), on the following described proper- ty, to wit: Tract A: Being a tract of land containing 1.913 acres out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract One of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria ,County, Texas, and being more particularly described by metes and bounds as fol- lows: (Bearings based on the northerly right-of-way line of East Broadway according to Deed Records of Brazoria County, Texas): COMMENCING at a 5/8 inch iron rod found at the intersection of the Northerly right-of-way of F.M. 518 (100' Right -of -Way), also known as East Broadway, and the Westerly right-of- way line of Hamm Road (60' Right -of -Way); THENCE North 64 degrees 06 minutes 00 seconds West, along the said Northerly Right-of-way line of F.M. 518, a distance of 322.43 feet to a 1 inch iron pipe found for corner and the PLACE OF BEGINNING of the herein described tract; THENCE North 64 degrees 06 minutes 00 seconds West, continuing along said Right-of-way, a distance of 238.70 feet to a 5/8 inch iron rod set for the Southwest corner and being in the southeasterly line of a 2.144 Acre Tract as described in Volume 1416, Page 368 of the Brazoria County Deed Records; THENCE North 45 degrees 00 minutes 00 seconds East, along said south east- erly property line, a distance of 408.49 feet to a 5/8 inch. iron rod set for the Northwest corner of the herein described tract, also being the angle corner of the aforementioned 2.414 Acre Tract; THENCE South 45 degrees 00 minutes 00 seconds East, along the south line of the aforementioned 2.414 Acre Tract, a distance of 225.56 feet to a 2 inch iron pipe found for the Northeast corner of the herein described tract; THENCE South 45 degrees 00 minutes 00 seconds, a distance of 330.38 feet to the PLACE OF BEGINNING and containing within these calls 1.913 acres or 83,329 square feet of land more or less. Tract B: Being a tract of land containing 1.9355 acres of land out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract Two of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas, and being more par- ticularly described by metes and bounds as follows: (Bearings based the northerly right-of-way line of East Broadway according to Deed Records of Brazoria County, Texas): BEGINNING at a 5/8 inch iron rod found at the inter- section of the Northerly right-of-way of F.M. 518 (100' Right-of-way), also known as East Broadway, and the Westerly right-of- way line of Hamm Road (60' Right-of-way); THENCE North 64 degrees 06 minutes 00 seconds West, along the said Northerly Right-of-way line of F.M. 518, a distance of 322.43 feet to a 1 inch iron pipe found for comer, THENCE North 45 degrees 00 minutes 00 seconds East, leaving said right-of- way, a distance of 330.38 feet to a 2 inch iron pipe found for the northwest cor- ner of the herein described tract and the southwest cor- ner of that certain two acre tract as recorded in Volume (91) 938, Page 715, Official Records of Brazoria County, Texas; THENCE South 45 degrees 00 minutes 00 seconds East, crossing a portion of said Tract Two, with the Southwest line of said 2.00 acre tract, a distance of 302.23 feet to a 5/8 inch iron rod found for comer in the westerly Right-of-way line of said Hamm Road, also being the Southeast comer of the said 2.00 Acre Tract; THENCE South 44 degrees 22 minutes 33 seconds West, along the said north- westerly right-of-way line, a distance of 224.89 feet to the PLACE OF BEGINNING and containing within these calls 1.9355 acres or 84,312 square feet of land, more or less. (Generally Located at the Northwest Corner of FM 518 and Hamm 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 Planner I May 27, 2004 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1172 Honorable Mayor and Council Members: Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Neighborhood Service District (NS) to Planned Unit Development (PUD) on the following described property, to wit: Legal Description: 1.913 acres out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract One of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas; and 1.9355 acres of land out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract Two of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas (Generally Located at the Northwest Corner of FM 518 and Hamm Road) At a regular meeting held on May 17, 2004, the Planning and Zoning Commission considered the above -mentioned request. Commissioner David Ransom made a motion to forward Zone Change Application No. 1172 to City Council for approval with contingencies with a second made by Commissioner Neil West. I. The applicant Dr. Ellis, informed the Planning and Zoning Commission that he met with the property owner to the north during the break between meetings and agreed to add the following list of excluded uses for NS to the PUD: 1) Primary Agricultural Uses 2) Accessory and Incidental Uses 3) Institutional and Special Service Uses — Fraternity or Sorority Lodge or Civic Club, Hospital (General Acute Care and Chronic Care) 4) Entertainment and Recreational Uses 5) Retail and Business Services — Package Store Page 1 of 2 II. The dumpster and screening shall not be placed on the property line. III. A six-foot masonry wall shall be constructed along the entire north property line. Motion to approve passed 4-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission Cc: Owner: R. Ellis Management Group, LLC Randy K. Ellis DDS MS — President 2015 E. Broadway Pearland, Texas 77581 Applicant: Jim McGregor, AIA 520 Post Oak Boulevard, Suite 880 Houston, Texas 77027 Page 2 of 2 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF MAY 17, 2004 ZONE CHANGE APPLICATION NO. 1172 Existing Zoning: Neighborhood Service District (NS) Requested Zoning: Planned Unit Development (PUD) Location or Address of Property: Northwest Corner of FM 518 and Hamm Road Property Owner: R. Ellis Management Group, LLC Applicant: Jim McGregor, AIA SUMMARY: The applicant is proposing a PUD with Neighborhood Services uses on this 3.84 acre parcel located north-west of the intersection of Broadway (FM 518) and Hamm Road. The site currently has a one-story doctor's office facing Broadway that will be retained. A 10,275 sq. ft., one story building will be constructed on the tract behind the existing offices to be used as a multi tenant medical office building. The applicant proposes to sell the third lot, located at the corner of Broadway and Hamm Road to be used for Neighborhood Service uses. The permitted uses in the PUD would include uses currently permittedin the Neighborhood Services (NS) zoning category with some exceptions. The uses prohibited include Primary Agriculture uses, Farm Accessory Buildings, Auto Car Wash, Gasoline Service Station. A detention basin exists at the rear of Lot 1 and will be used for all three developments. The PUD proposes to provide two driveways from Broadway. The applicant is proposing Zone Change Application No. 1172 Page 1 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF MAY 17, 2004 to relocate one of the existing curb cuts to the center of the frontage to access the new buildings on the north and east of the existing building. The other existing curb cut to the west will be retained. A six-foot masonry fence is required on the northern side and potions of the western side of the parcel. The applicant is proposing a vegetative buffer (Oleander hedge) on the west and on the north behind Reserves 1 b and 2. An eight -foot high masonry wall is proposed for Reserve 3. The Planning and Zoning Commission had indicated that they prefer the masonry fence instead of the living screen, during their informal PUD discussion. The proposed building will have a masonry exterior designed to complement the existing building. The colors of the masonry are not clear from the drawing that has been submitted. The new building is proposed with a flat roof as compared to the pitched roof of the existing building. SURROUNDING ZONING AND LAND USES: Zoning Land Use North Single Family Residence Single family residences District (R-1) South Neighborhood Service District Various retail, office, service, and (NS) light commercial uses East Commercial District (C) Retail or office use West Single Family Residence Church Property District (R-1) and Neighborhood Service District (NS) CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive recommends Retail, Offices and Services for the subject property. Office Professional District (OP), Neighborhood Service District (NS), and selected uses in General Business District (GB) are considered appropriate uses. Therefore the proposed uses that include uses permitted in the NS district would be in conformance to the recommendations of the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The Thoroughfare Plan designates Zone Change Application No. 1172 Page 2 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF MAY 17, 2004 Broadway as a Major Thoroughfare with a required right-of-way width (ROW) of 120 feet. Hamm Road is designated as a Local Road. At the time of platting dedication might be required along Broadway if sufficient ROW does not exist. COMMENTS FROM STAFF REVIEW AND DISCUSSION WITH PLANNING & ZONING COMMSSION: The proposed PUD was discussed by the Planning and Zoning Commission during their meeting of April 19, 2004. 1. The PUD document needs to indicate the size of parking spaces and ratios for reserves 1 & 3. 2. The dedication for future ROW needs to be addressed. The front yard should be measured from the new property line. All proposed site improvements should be located within the new property line and not in the dedicated area. Since the dedication may require re -alignment of existing parking spaces, it is crucial to address this issue. 3. The driveways as shown do not meet the requirements of the Ordinance. A minimum separation distance between driveways and driveways and adjacent streets is 350 feet for Broadway unless the Traffic Impact Analysis (TIA) indicated otherwise. This needs to be reviewed with Engineering Department after a TIA is submitted. Further, re -alignment of existing parking spaces may require additional changes. 4. A six-foot masonry fence is required as a buffer between residential and nonresidential -zoned properties. However, as mentioned before, the applicant has proposed a combination of 8' high masonry wall and Oleander hedge. If the hedge is approved, staff would recommend that the plants be at least 6 feet high on planting to provide immediate screening. Further, details of the masonry wall should be included in the PUD document. 5. Future sidewalks need to be dimensioned. Six feet wide sidewalks are required along Broadway and four feet wide sidewalks are required along Hamm Road. 6. Provide details of building elevations including color and materials of exterior finishes. 7. The lighting plans should indicate that all outdoor lighting should be shielded from adjoining residential properties. 8. Staff recommends that "Unscheduled/New Auto Related uses" be included in the Zone Change Application No. 1172 Page 3 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF MAY 17, 2004 uses that are prohibited, if the intention of this PUD is to exclude automobile related uses. 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: It is Staff's opinion that the proposed PUD is appropriate to the site and will encourage unified development on these tracts of land. Since the uses are in conformance with the Comprehensive Plan recommendations and existing uses, Staff is in favor of the proposed PUD. SUPPORTING DOCUMENTS: • Notice of Public Hearing • • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan Zone Change Application No. 1172 Page 4 CITY OF PEARLAND 3523 Liberty Drive (Community Center), Pearland, Texas 77581 281-652-1742 FAX 281-652-1702 www.ci.pearland.tx.us ZONE CHANGE APPLICATION NO. 1172 NOTICE OF -A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, REGARDING: A request by Jim McGregor, AIA, applicant for R. Ellis Management Group, LLC — Randy K. Ellis, DDS MS, President, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Neighborhood Service District (NS) to Planned Unit Development (PUD), on the following described property, to wit: Tract A: Being a tract of land contajning 1.913 acres out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract One of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas, and being more particularly described by metes and bounds as follows: (Bearings based on the northerly right-of-way line of East Broadway according to Deed Records of Brazoria County, Texas): COMMENCING at a 5/8 inch iron rod found at the intersection of the Northerly right-of-way of F.M. 518 (100' Right -of -Way), also known as East Broadway, and the Westerly right-of-way line of Hamm Road (60' Right -of -Way); THENCE North 64 degrees 06 minutes 00 seconds West, along the said Northerly Right-of-way line of F.M. 518, a distance of 322.43 feet to a 1 inch iron pipe found for corner and the PLACE OF BEGINNING of the herein described tract; THENCE North 64 degrees 06 minutes 00 seconds West, continuing along said Right-of-way, a distance of 238.70 feet to a 5/8 inch iron rod set for the Southwest corner and being in the southeasterly line of a 2.144 Acre Tract as described in Volume 1416, Page 368 of the Brazoria County Deed Records; THENCE North 45 degrees 00 minutes 00 seconds East, along said south easterly property line, a distance of 408.49 feet to a 5/8 inch iron rod set for the Northwest corner of the herein described tract, also being the angle corner of the aforementioned 2.414 Acre Tract; THENCE South 45 degrees 00 minutes 00 seconds East, along the south line of the aforementioned 2.414 Acre Tract, a distance of 225.56 feet to a 2 inch iron pipe found for the Northeast corner of the herein described tract; CITY OF PEARLAND 3523 Liberty Drive (Community Center), Pearland, Texas 77581 281-652-1742 FAX 281-652-1702 www.ci.pearland.tx.us THENCE South 45 degrees 00 minutes 00 seconds, a distance of 330.38 feet to the PLACE OF BEGINNING and containing within these calls 1.913 acres or 83,329 square feet of land more or less. Tract B: Being a tract of land containing 1.9355 acres of land out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract Two of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas, and being more particularly described by metes and bounds as follows: (Bearings based the northerly right-of-way line of East Broadway according to Deed Records of Brazoria County, Texas): BEGINNING at a 5/8 inch iron rod found at the intersection of the Northerly right-of-way of F.M. 518 (100' Right-of-way), also known as East Broadway, and the Westerly right-of-way line of Hamm Road (60' Right-of-way); THENCE North 64 degrees 06 minutes 00,seconds West, along the said Northerly Right-of-way line of F.M. 51.8, a distance of 322.43 feet to a 1 inch iron pipe found for corner; THENCE North 45 ;degrees 00 minutes 00 seconds East, leaving said right-of-way, a distance of 330.38 feet to a 2 inch iron pipe found for the northwest corner of the herein described tract and the southwest corner of that certain two acre tract as recorded in Volume (91) 938, Page 715, Official Records of Brazoria County, Texas; THENCE South 45 degrees 00 minutes 00 seconds East, crossing a portion of said Tract Two, with the Southwest line of said 2.00 acre tract, a distance of 302.23 feet to a 5/8 inch iron rod found for corner in the westerly Right-of-way line of said Hamm Road, also being the Southeast corner of the said 2.00 Acre Tract; THENCE South 44 degrees 22 minutes 33 seconds West, along the said northwesterly right-of-way line, a distance of 224.89 feet to the PLACE OF BEGINNING and containing within these calls 1.9355 acres or 84,312 square feet of land, more or less. (Generally Located at the Northwest Corner of FM 518 and Hamm Road) PUBLIC HEARINGS WILL BE HELD IN THE COUNCIL CHAMBER OF CITY HALL LOCATED AT 3519 Liberty Drive, Pearland, Texas on MONDAY, MAY 17, 2004, AT 6:30 P.M. CITY OF PEARLAND 3523 Liberty Drive (Community Center), Pearland, Texas 77581 281-652-1742 FAX 281-652-1702 www.ci.pearland.tx.us An application and map are enclosed for your information. This notice has been sent to all owners of real property within 200 feet of the request, as such ownership appears on the last approved city tax roll, in accordance with notification guidelines established by City Ordinance and State law. At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. If you are unable to attend, but wish to have your opinions made a part of the public record, please complete the enclosed form and return it prior to the public hearing. If you have any questions or need additional information please contact the City of Pearland Planning Department at (281) 652-1742 or tgrahmann @ci.pearland.tx.us. • Alle LL MT LEONARD & SHIRLEY 4>ifoLN't ,../, fro . YOSTJOHNB" ads•***. ._ ay °SUBJECT PROPERTY,_ ` • ''ir / _ BERGER DAVID WILLIAM"= BARB HARDIE R" - WASEKEUGENE'A & DONNA.',: H. SMITH DOUGLAS RI M & PATCIA ` �' MOHA,MMADIAN KEVIIV & KERRY='Mp a. ,d..Y'• . , _,,. ti -wy<_ u; >�jbt% ,$bi, PARSONS JAMES&_ GINGER' M` ' *I! • ' Wi4LSH 1ALILLIAM : ..,A 14 ..L 'BECK`L'EON B & JOYCE`? l , / X I' WALSH WILLIAM C's e STAGNO`RONALD P & -, WALSH WILLIAM C CONSULTING ;44 WALSH IAM G" WILL .• I WALSH WILLIAM C *o JEHOVAI-I S WITNESSES /\ / PRICE'RONAL & LISA' �n. LIN E,BRUCELWADE 3CLINEBRUCE WAD e,. AMES DAVID EARL &MAXIS X HENDRICKS JESSICA 0 NOTIFICATION LIMITS LSH WILLIA OWNERSHIP MAP Zone Change Application No. 1172 Owner: Randy K. Ellis/Jim McGregor Northwest Corner of FM 518 and Hamm Road 0 200 400 Feet (NS - PUD) W+E TAX ACCOUNT 7977-0001-001 0070-0025-130 0070-0065-112 0070-0025-120 0070-0066-000 0070-0024-000 0070-0065-110 0070-0065-000 0070-0059-000 7510-0001-000 7510-0011-000 6323-0002-000 7510-0012-000 7510-0014-000 6323-0002-000 7510-0017-000 7510-0018-000 7510-0018-110 7510-0021-000 7510-0024-000 7510-0010-000 7510-0026-000 7510-0027-000 7510-0028-000 OWNER ELLIOTT LEONARD & SHIRLEY JAMES DAVID EARL & MAXIE JEHOVAH'S WITNESSES HENDRICKS JESSICA E YOST JOHN B PRICE RONALD L& LISA H SHADYCREST BAPTIST CHURCH R ELLIS MGMT GROUP - RANDY K ELLIS DDS JIM MCGREGOR AIA YOST VERNA H ESTATE BERGER DAVID WILLIAM & JENNIFER NAN BARR HARDIE R WASEK EUGENE A & DONNA CLINE BRUCE WADE & DENNIS DICKSON SMITH DOUGLAS M & PATRICIA MOHAMMADIAN KEVIN & KERRY CLINE BRUCE WADE & DENNIS DICKSON PARSONS JAMES & GINGER M BECK LEON B & JOYCE STAGNO RONALD P & SANDRA C WALSH WILLIAM C WALSH WILLIAM C WALSH WILLIAM C-CONSULTING ENGINEER WALSH WILLIAM C WALSH WILLIAM C WALSH WILLIAM C ZONE CHANGE APPLICATION NO. 1172 Property Owner Notification List ADDRESS 3107 YOST BLVD 3111 YOST BLVD 2007 BROADWAY ST 3203 YOST 3205 YOST BLVD 3204 HAMM RD 3214 HAMM RD CITY PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND 2015 E BROADWAY ST PEARLAND 520 POST OAK BLVD 880 HOUSTON 2011 BROADWAY ST 3203 HAMM RD PEARLAND PEARLAND 2601 TAYLOR LN PEARLAND 2001 LONGHERRIDGE DR PEARLAND 2005 BROADWAY ST 2022 BROADWAY ST 6033 RAVENWOOD DR 2005 BROADWAY ST 9805 SUNNYCOAST LN 1013 LINKWOOD DR 1213 GULFTON DR PO BOX 760 PO BOX 760 PO BOX 760 PO BOX 760 PO BOX 760 PO BOX 760 PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND ST ZIP CODE LEGAL DESCRIPTION TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX 77581-5545 77581-5545 77581-5501 77581 77581-5547 77581-5504 77581-5504 77581 77027 77581-5501 77581-5503 77581-5747 77581-6111 77581-5563 77581-5502 77584-7733 77581-5563 77584-2798 77581-6763 77581-6742 77588-0760 77588-0760 77588-0760 77588-0760 77588-0760 77588-0760 TIFFANY'S ACRE (A0070 W D C HALL), BLOCK 1, LOT 1 A0070 W D C HALL, TRACT 5B, ACRES 0.500 A0070 W D C HALL, TRACT 5B1, LOT F, ACRES 2.410 A0070 W D C HALL, TRACT 5B, LOT 1 B2, ACRES 0.500 A0070 W D C HALL, TRACT 5B1A, ACRES 2.000 A0070 W D C HALL, TRACT 5B2, LOT 11, ACRES 2.000 A0070 W D C HALL, TR 5B-2, LOTS 14-15-16A, ACRES 4.000 A0070 W D C HALL, TRACT 5B2, ACRES 1.700 A0070 W D C HALL, TRACT 5B2, LOT 2, ACRES 1.000 SHADYCREST (PEARLAND), BLOCK A, LOT A-B SHADYCREST (PEARLAND), BLOCK B, LOT A LOSSEN S/D (A0070 W D C HALL), LOT TR B, ACRES 0.296 SHADYCREST (PEARLAND), BLOCK B, LOT B SHADYCREST (PEARLAND), BLOCK B, LOT C LOSSEN S/D (A0070 W D C HALL), LOT TR B, ACRES 0.296 SHADYCREST (PEARLAND), BLOCK B, LOT D SHADYCREST (PEARLAND), BLOCK B, LOT E SHADYCREST (PEARLAND), BLOCK B, LOT F SHADYCREST (PEARLAND), BLOCK B, LOT G SHADYCREST (PEARLAND), BLOCK B, LOT H SHADYCREST (PEARLAND), BLOCK B, LOT I SHADYCREST (PEARLAND), BLOCK B, LOT J SHADYCREST (PEARLAND), BLOCK B, LOT K SHADYCREST (PEARLAND), BLOCK B, LOT L ZONING MAP N W+E S Zone Change Application No. 1172 Owner: Randy K. Ellis/Jim McGregor Northwest Corner of FM 518 and Hamm Road 0 200 400 Feet (NS-PUD) Bill 1 FUTURE LAND USE PLAN Zone Change Application No. 1172 Owner: Randy K. Ellis/Jim McGregor Northwest Corner of FM 518 and Hamm Road (NS - PUD) W+E 0 200 400 Feet 6-14-04 Ordinence No: 509-723 Item No. 3 J CITY OF PEARLAND PLANNING & ZONING DISCUSSION ITEM DATE: June 7, 2004 TO: City Council FROM: Planning Staff (LK) SUBJECT: Proposed Planned Unit Development (PUD) — Ellis Plaza PUD The above referenced PUD was discussed at the Joint Public Hearing of the City Council and Planning and Zoning Commission on May 17th, 2004. This item is on the agenda for the City Council Meeting on June 14, 2004 for consideration and possible action (first reading). The applicant is proposing a PUD with Neighborhood Services uses on this 3.84 acre parcel located north-west of the intersection of Broadway (FM 518) and Hamm Road. This PUD will result in three reserves and will consist of the existing 6194 s.f. medical office building, a proposed 10,387 s.f. medical office building and a third tract to be developed in the future. The PUD proposes to retain a majority of existing mature trees and ensure compatibility of new buildings facades with the existing one. Two driveways are proposed on Broadway, one future entrance off Hamm Road and a driveway to the privately owned Church Drive located west of the PUD. The applicant has addressed the issues and concerns raised by the Planning and Zoning Commission and City Council. Some of the changes proposed in the revised PUD document include: 1. A list of uses excluded from the PUD has been added. (Chapter 2) 2. Parking ratios for each reserve has been specified as follows — a. Reserve 1 with existing medical office — 6.6 cars for 1000 s.f. of floor area. b. Reserve 2 with proposed medical offices — 5 cars for 1000 s.f. of floor area. ELLIS PLAZA PUD Page 1 of 2 .r -J- c. Reserve 3 to be developed in the future — parking to meet existing City requirements. Currently, the Land Use and Urban Development Ordinance requires 6.6 cars for 1000 s.f. for medical offices. 3. A six-foot high masonry fence is proposed along the entire northern property line. Along a ;portion of western property line that abuts residential zone, in lieu of masonry fence as required by the Ordinance a planted screen of Oleanders is proposed. Issues related to location of driveways and right of way dedication for Broadway (FM 518) need to be addressed at the time of platting. Traffic Impact Analysis would be required at the time of platting. Due to the fact that ROW dedication and future widening of Broadway (FM 518) will require relocation of the 25' front setback and re -alignment of existing parking lot on Tract 1, staff had recommended that these two issues be noted in the PUD document. The applicant has agreed to add a note in this regard. The Planning and Zoning Commission recommended approval of this PUD at their meeting of May 17, 2004. It is staff's opinion that the proposed PUD is appropriate to the site and will encourage unified development on these tracts of land. Since the uses are in conformance with the Comprehensive Plan recommendations and existing uses, staff is in favor of the proposed PUD. ELLIS PLAZA PUD Page 2 of 2 To Be Published in the PEARLAND REPORTER -NEWS Wednesday, April 28, 2004, and Wednesday, May 5, 2004 • 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. 1172 Notice is hereby given that on May 17, 2004, 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 Jim McGregor, AIA, applicant for R. Ellis. Management Group, LLC — Randy K. Ellis, DDS MS, President, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Neighborhood Service District (NS) to Planned Unit Development (PUD), on the following described property, to wit: Tract A: Being a tract of land containing 1.913 acres out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract One of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas, and being more particularly described by metes and bounds as follows: (Bearings based on the northerly right-of-way line of East Broadway according to Deed Records of Brazoria County, Texas): COMMENCING at a 5/8 inch iron rod found at the intersection of the Northerly right- of-way of F.M. 518 (100' Right -of -Way), also known as East Broadway, and the Westerly right-of-way line of Hamm Road (60' Right -of -Way); THENCE North 64 degrees 06 minutes 00 seconds West, along the said Northerly Right-of-way line of F.M. 518, a distance of 322.43 feet to a 1 inch iron pipe found for corner and the PLACE OF BEGINNING of the herein described tract; THENCE North 64 degrees 06 minutes 00 seconds West, continuing along said Right-of-way, a distance of 238.70 feet to a 5/8 inch iron rod set for the Southwest corner and being in the southeasterly line of a 2.144 Acre Tract as described in Volume 1416, Page 368 of the Brazoria County Deed Records; THENCE North 45 degrees 00 minutes 00 seconds East, along said south easterly property line, a distance of 408.49 feet to a 5/8 inch iron rod set for the Northwest corner of the herein described tract, also) being the angle corner of the aforementioned 2.414 Acre Tract; THENCE South 45 degrees 00 minutes 00 seconds East, along the south line of the aforementioned 2.414 Acre Tract, a distance of 225.56 feet to a 2 inch iron pipe found for the Northeast corner of the herein described tract; THENCE South 45 degrees 00 minutes 00 seconds, a distance of 330.38 feet to the PLACE OF BEGINNING and containing within these calls 1.913 acres or 83,329 square feet of land more or less. Tract B: Being a tract of land containing 1.9355 acres of land out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract Two of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas, and being more particularly described by metes and bounds as follows: (Bearings based the northerly right-of-way line of East Broadway according to Deed Records of Brazoria County, Texas): BEGINNING at a 5/8 inch iron rod found at the intersection of the Northerly right-of- way of F.M. 518 (100' Right-of-way), also known as East Broadway, and the Westerly right-of-way line of Hamm Road (60' Right-of-way); THENCE North 64 degrees 06 minutes 00 seconds West, along the said Northerly Right-of-way line of F.M. 518, a distance of 322.43 feet to a 1 inch iron pipe found for corner; THENCE North 45 degrees 00 minutes 00 seconds East, leaving said right-of-way, a distance of 330.38 feet to a 2 inch iron pipe found for the northwest corner of the herein described tract and the southwest corner of that certain two acre tract as recorded in Volume (91) 938, Page 715, Official Records of Brazoria County, Texas; THENCE South 45 degrees 00 minutes 00 seconds East, crossing a portion of said Tract Two, with the Southwest line of said 2.00 acre tract, a distance of 302.23 feet to a 5/8 inch iron rod found for corner in the westerly Right-of-way line of said Hamm Road, also being the Southeast corner of the said 2.00 Acre Tract; THENCE South 44 degrees 22 minutes 33 seconds West, along the said northwesterly right-of-way line, a distance of 224.89 feet to the PLACE OF BEGINNING and containing within these calls 1.9355 acres or 84,312 square feet of land, more or less. (Generally Located at the Northwest Corner of FM 518 and Hamm Road) '- At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Theresa Grahmann Theresa Grahmann Planner I Parcels Identify Results OBJECTID_1: 20181 LEGALTYPE: BLK NAME: 5B2 TAXID_: 0070-0065-000 PROPERTY: R155264 LEGAL: A0070 W D C HALL (PEARLAND), TRACT 5B2, ACRES 1.700 UNDEFINED: 2011 SITUSST: BROADWAY SITUS1: SITUS2: SITUSCITY: PEARLAND OWNER: YOST VERNA H ESTATE ENTITIES: GBC;RDB;SPL;CPL;DR4 CROSS_REF_: 0070-0065-000 DB_PAGE: 0 DEED DATE: OWNER NAME: YOST VERNA H ESTATE ADDRESS_1: 2011 BROADWAY ST ADDRESS_2: ADDRESS_3: CITY: PEARLAND ST: TX ZIP CODE: 77581-5501 TOTAL_LAND: 222160 TOTAL_IM: 22060 PROP MARK: 244220 ST_LAND _S: Al FIRST_IMP_: Al EXEMPTIONS: ACREAGE: 2 Date: 5/5/2004 Time: 3:22:34 PM Page 1 •R155264 Datasheet Page 1 of 2 R1SS2G4 Datasheet • Assessment History Land Information • Improvements • Improvement Sketch • Location Map Brazerid • County Info • Account Search • Owner Search It Address Search • Property ID Search Search New County Assistance • FAQ ▪ Links • Forms Property De cr ption Owner Address Property Situs Address Legal Description YOST VERNA H ESTATE 2011 BROADWAY ST PEARLAND, TX 77581-5501 2011 BROADWAY PEARLAND, TX 77581 A0070 W D C HALL (PEARLAND), TRACT 5B2, ACRES 1.700 Taxing Entities 0 Exemptions 0 Deed GBC - Brazoria County RDB - Road & Bridge '` SPL = Pearland ISD CPL - City Pearland DR4 - Braz Co Drain #4 Book: Page: Type: Account Number Abstract/Subdivision Neighborhood 0070-0065-000 A0070 - W D C Hall (pearland) A70.ORI - A0070 Original Class 4 Or Below 1974 Or Older Value Te1for-fatign Type Value Total Land HS/NHS $222,160 Total Productivity Market $0 Total Improvement HS/NHS $22,060 Total Market Value $244,220 * This value information is preliminary and not certified. These values should not be used in the estimation of taxes as they are subject to change. Prior year certified value information can be obtained by selecting the "Assessments" option. http://www.txcountydata.com/datasheet.asp?County=U2U&Propertylll=K1SS264 S/Sl2UU4 Parcels Identify Results OBJECTID_1: 19895 LEGALTYPE: BLK . NAME: 5B1 TAXID_: 0070-0065-110 PROPERTY: R155266 LEGAL: A0070 W D C HALL (PEARLAND), TRACT 5B-2, LOTS 14-15-16A, ACRES 4.000 UNDEFINED: 3214 SITUSST: HAMM RD SITUS1: RD SITUS2: SITUSCITY: PEARLAND OWNER: SHADYCREST BAPTIST CHUR ENTITIES: ` GBC;RDB;SPL;CPL;DR4 C ROSS_R E F_: 0070-0065-110 DB_PAGE: 0 DEED_DATE: OWNER_NAME: SHADYCREST BAPTIST CHURCH ADDRESS_1: 3214 HAMM RD ADDRESS_2: ADDRESS_3: CITY: PEARLAND ST: TX ZIP_CODE: 77581-5504 TOTAL_LAND: 103670 TOTAL_IM: 602910 PROP_MARK: 706580 ST_LAND_S: X1 FIRST_IMP_: X1 EXEMPTIONS: EX1 ACREAGE: 4 Date: 5/5/2004 Time: 3:22:46 PM Page 1 ®1(155266 Datasheet Page 1 of 2 R155266 • Datasheet Assessment History ▪ Land Information Improvements R Improvement Sketch ▪ Location Map BraLoria • County Info Account Search ▪ Owner Search RI Address Search ▪ Property ID Search Search e Now County Assistance ▪ FAQ Links Form Property Description Owner Address Property Situs Address Legal Description SHADYCREST BAPTIST CHURCH 3214 HAMM RD PEARLAND, TX 77581-5504 3214 HAMM RD PEARLAND, TX 77581 A0070 W D C HALL (PEARLAND), TRACT 5B-2, LOTS 14-15- 16A, ACRES 4.000 Taxing Entities 0 Exemptions 0 Deed GBC - Brazoria County RDB - Road & Bridge SPL - Pearland ISD CPL - City Pearland DR4 - Braz Co Drain #4 EX1 - Religious And Fraternal Organizations Book: Page: Type:, ; Account Number Abstract/Subdivision Neighborhood 0070-0065-110 A0070 - W D C Hall (pearland) Value Information Type Value Total Land HS/NHS $103,670 Total Productivity Market $0 Total Improvement HS/NHS $602,910 Total Market Value $706,580 * This value information is preliminary and not certified. These values should not be used in the estimation of taxes as they are subject to change. Prior year certified value information can be obtained by selecting the "Assessments" option. fro i6 To Ilo http://www.txcountydata.com/datasheet.asp7C:ounty=U2U Yropertylll=R155266 5/5%2UU4 FUTURE LAND USE PLAN Zone Change Application No. 1172 Owner: Randy K. Ellis/Jim McGregor Northwest Corner of FM 518 and Hamm Road (NS - PUD) 0 200 400 Feet I''1I I AGENDA - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD MAY 17, 2004, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS 1. CALL TO ORDER 11. PURPOSE OF HEARING Zone Change Application No. 1172 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Neighborhood Service District (NS) to Planned Unit Development (PUD), on the following described property, to wit: Legal Description: Owner: Applicant: 1.913 acres out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract One of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas; and 1.9355 acres of land out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract Two of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas (Generally Located at the Northwest Corner of FM 518 and Hamm Road) R. Ellis Management Group, LLC Randy K. Ellis DDS MS — President 2015 E. Broadway Pearland, Texas 77581 Jim McGregor, AIA 520 Post Oak Boulevard, Suite 880 Houston, Texas 77027 111. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT B. APPLICANT PRESENTATION IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION VI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing, City Secretary, at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. May 27, 2004 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1172 Honorable Mayor and Council Members: Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Neighborhood Service District (NS) to Planned Unit Development (PUD) on the following described property, to wit: Legal Description: 1.913 acres out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract One of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas; and 1.9355 acres of land out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract Two of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas (Generally Located at the Northwest Corner of FM 518 and Hamm Road) At a regular meeting held on May 17, 2004, the Planning and Zoning Commission considered the above -mentioned request. Commissioner David Ransom made a motion to forward Zone Change Application No. 1172 to City Council for approval with contingencies with a second made by Commissioner Neil West. I. The applicant Dr. Ellis, informed the Planning and Zoning Commission that he met with the property owner to the north during the break between meetings and agreed to add the following list of excluded uses for NS to the PUD: 1) Primary Agricultural Uses 2) Accessory and Incidental Uses 3) Institutional and Special Service Uses — Fraternity or Sorority Lodge or Civic Club, Hospital (General Acute Care and Chronic Care) 4) Entertainment and Recreational Uses 5) Retail and Business Services — Package Store Page 1 of 2 II. The dumpster and screening shall not be placed on the property line. III. A six-foot masonry wall shall be constructed along the entire north property line. Motion to approve passed 4-0 This is submitted for your consideration. Sincerely, Planning & Zoning Commission Cc: Owner: R. Ellis Management Group, LLC Randy K. Ellis DDS MS — President 2015 E. Broadway Pearland, Texas 77581 Applicant: Jim McGregor, AIA 520 Post Oak Boulevard, Suite 880 Houston, Texas 77027 Page 2 of 2 ZONING MAP Zone Change Application No. 1172 Owner: Randy K. Ellis/Jim McGregor Northwest Corner of FM 518 and Hamm Road (NS - PUD) N W+E S 0 200 400 Feet Bill I PUBLIC COMMENT FORM City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1742 281-652-1702 fax ZONE CHANGE APPLICATION NO. 1172 Joint Public Hearing to be held Monday, May 17, 2004, at 6:30 PM in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas. If you are unable to attend the Joint Public Hearing, but wish to have your opinions made a part of the public record, please complete this form and return to the above noted address (by mail, by fax, or in person) prior to the Joint Public Hearing. I am FOR the requested zoning as explained on the attached public notice. (Checking "FOR" means that you support the zone change request and feel that the zoning should be approved accordingly.) I am AGAINST the requested zoning as .explained on the attached public notice. (Checking `AGAINST" means that you are in opposition to the zone change request and feel that the -request should be denied.) Name: D5(' 1,S . � Address: 2 042 ,/. E. &O4d('J71 Arr/miiI 7 %SO Pearland Tax Acc No. (If hown onIos d map): Signature: COMMENTS: x api it:1.J Jo see_ 4-Lt)3 i pt to v c rti /47- 41 4 ).5 t o c atke ) - Date: u5--/D'40 AGENDA - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD MAY 17, 2004, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER 11. PURPOSE OF HEARING Zone Change Application No. 1172 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Neighborhood Service District (NS) to Planned Unit Development (PUD), on the following described property, to wit: Legal Description: Owner: Applicant: 1.913 acres out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract One of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas; and 1.9355 acres of land out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract Two of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas (Generally Located at the Northwest Corner of FM 518 and Hamm Road) R. Ellis Management Group, LLC Randy K. Ellis DDS MS — President 2015 E. Broadway Pearland, Texas 77581 Jim McGregor, AIA 520 Post Oak Boulevard, Suite 880 Houston, Texas 77027 111. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT B. APPLICANT PRESENTATION IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION VI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing, City Secretary, at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Posted in '- g accordance/with the Texas Local Government Code, Chapter 551, on the / 7 day of / "c , 2004, at l : 30 PM . Removed on the day of •J , 2004. 'B a coK DESCRIPTION TRACT A Being a tract of land containing 1.913 acres out of the W.D.C.Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract One of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas, and being more particularly described by metes and bounds as follows:(Bearings based the northerly right-of- way line of East Broadway according to Deed Records of Brazoria County, Texas): COMMENCING at a 5/8 inch iron rod found at the intersection of the Northerly right-of-way of F.M. 518 (100' Right-of-way), also known as East Broadway, and the Westerly right-of-way line of Hamm Road (60' Right-of-way); THENCE North 64°06'00" West, along the said Northerly Right-of-way line of F.M. 518, a distance of 322.43 feet to a 1 inch iron pipe found for corner and the PLACE OF BEGINNING of the herein described tract; THENCE North 64°06'00" West, continuing along said Right-of-way, a distance of 238.70 feet to a 5/8 inch iron rod set for the Southwest corner and being in the southeasterly line of a 2.144 Acre Tract as described in Volume 1416, Page 368 of the Brazoria County Deed Records; THENCE North 45°00'00"East, along said south easterly property line, a distance of 408.49 feet to a 5/8 inch iron rod set for the Northwest corner of the herein described tract, also being the angle corner of the aforementioned 2.414 Acre Tract; THENCE South 45°00'00" East, along the south line of the aforementioned 2.414 Acre Tract, a distance of 225.56 feet to a 2 inch iron pipe found for the Northeast corner of the herein described tract; THENCE South 45°00'00", a distance of 330.38 feet to the PLACE OF BEGINNING and containing within these calls 1.913 acres or 83,329 square feet of land more or less. TRACT B Being a tract of land containing 1.9355 acres of land out of the W.D.C.Hall League, Abstract 70, Brazoria County, Texas, and being part of Tract Two of the Partition of the Yost Estate, 120.44 acres as recorded in Volume 6, Page 142, Plat Records Brazoria County, Texas, and being more particularly described by metes and bounds as follows:(Bearings based the northerly right- of-way line of East Broadway according to Deed Records of Brazoria County, Texas): BEGINNING at a 5/8 inch iron rod rod found at the intersection of the Northerly right-of-way of F.M. 518 (100' Right-of-way), also known as East Broadway, and the Westerly right-of-way line of Hamm Road (60' Right-of-way); THENCE North 64°06'00" West, along the said Northerly Right-of-way line of F.M. 518, a distance of 322.43 feet to a 1 inch iron pipe found for corner; THENCE North 45°00'00" East, leaving said right-of-way, a distance of 330.38 feet to a 2 inch iron pipe found for the northwest corner of the herein described tract and the southwest corner of that certain two acre tract as recorded in Volume (91) 938, Page 715, Official Records of Brazoria County, Texas; THENCE South 45°00'00" East, crossing a portion of said Tract Two, with the Southwest line of said 2.00 acre tract, a distance of 302.23 feet to a 5/8 inch iron rod found for corner in the westerly Right-of-way line of said Hamm Road, also being the Southeast corner of the said 2.00 Acre Tract; THENCE South 44°22'33" West, along .the said northwesterly right-of-way line, a distance of 224.89 feet to the PLACE OF BEGINNING and containing within these calls 1.9355 acres or 84,312 square feet of land, more or less. TH WITNESS MY HAND AND SEAL THIS THE 24 DAY OF MARCH, 2004. JAMES D. SNOWDEN Registered Professional Land Surveyor No. 2646 (0~ (sw