Ord. 509-624 12-09-02ORDINANCE NO. 509-624
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 BEING12.58 ACRES, J. CRAWLEY
SURVEY, ABSTRACT 174, BEING ALL OF TRACT I RECORDED UNDER
FILE NUMBER 94-009151, BRAZORIA COUNTY, TEXAS(APPLICATION
NO. 1071) (SHADOW CREEK RANCH WEST OF STATE HIGHWAY 288)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF GARY COOK
- SHADOW CREEK RANCH DEVELOPMENT L.P., AGENT FOR PEARLAND
INVESTMENTS, L.P., 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, Gary Cook - Shadow Creek Ranch Development L.P., Agent for
Pearland Investments, L.P., Owner, filed on September 17, 2002, 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 18th of November, 2002, 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 19th day of November, 2002, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
1
ORDINANCE NO. 509-624
regarding the proposed amendment application by, Gary Cook - Shadow Creek Ranch
Development L.P., Agent for Pearland Investments, L.P., Owner, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" 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 December 9, 2002, 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 Gary Cook - Shadow Creek Ranch Development L.P., Agent for Pearland
Investments, L.P., 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 for all purposes changed and reclassified as General Business District (GB); such
property being more particularly described as:
12.58 acres, J. Crawley Survey, Abstract 174, being all of Tract I recorded under file
number 94-009151, Brazoria County, Texas (Shadow Creek Ranch west of State
Highway 288)
2
ORDINANCE NO. 509-624
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.
3
ORDINANCE NO. 509-624
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to the
official Land Use District Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509, and consistent with the approval herein granted for the reclassification
of the herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this day of
7
December , 2002.
TOM REID
MAYOR
ATTEST:
UNG
Y S =r' ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9th day
of December , 2002.
T REID
ATTEST: MAYOR
NG
Y S RETARY
4
ORDINANCE NO. 509-624
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581.
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
Please check one:
y( Change in Zoning Classification from: Suburban Develop AO: General Business
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for::
(list proposed use)
Property Information:
Address: SEE ATTACHED LEGAL DESCRIPTION
Subdivision: Lot:` Block:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property -
(type of structures on property):
Proposed use of property:
PROPERTY OWNER INFORMATION:
NAME Pearland Investments,L.P.
ADDRESS 5195 Las Vegas Blvd. South
CITY Las Vegas STATE NV ZIP 891 1 9.,
APPLICANGaryT/AGENT II INFORMATION:
. Coo
NAME Shadow Creek Ranch Development ,LP
ADDRESS 2947 E. Broadway
CITY Pearland STATE TX ZIP7 7581
PHONE(702 ) 736-61 51 PHONE( 281 ) 41 2 3:�7..BB
FAX( 702 ) 736-7621 FAX( 28T ) 412-9098
E-MAIL ADDRESS E-MAIL ADDRESS gcook@shadowcreekranch. net
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 understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature:
Agent's Signature:
(/7,
.#/c.„,K
Date:
Date:
7//5/.
91/511
OFFICE USE ONLY:
FEES PAID: 44. xis_ -DATE PAID: l I 1 CQ
RECEIVED BY:
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Intl I
Zone Change Application No. 1071
Pearland Investments/Shadow Creek Ranch Development
S.H. 288 and Shadow Creek Parkway
(SD - GB)
Zone Change Application No. 1071
Pearland Investments/Shadow Creek Ranch Development
S.H. 288 and Shadow Creek Parkway
(SD -GB)
Zone Change Application
No. 1071
Date of City Council and Planning and November 18, 2002
Zoning Commission Joint Public Hearing:
Property Owner:
Pearland Investments, L.P.
Applicant or Agent: Gary Cook — Shadow Creek Ranch
Development, L.P.
Location or Address of Property: Southwest corner of SH 288
and Shadow Creek Parkway
Existing Zoning: Suburban Development District (SD)
Requested Zoning: General Business District (GB)
SUMMARY: The applicant is requesting a zone change on the subject property in order to
utilize the property for general business district uses. The subject property is currently
undeveloped. Although the applicant is that of Shadow Creek Ranch, the subject property
is not proposed to be incorporated within the Shadow Creek Ranch Planned Unit
Development and its development criteria.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Suburban Development Strouhal's Tire Center
District (SD)
South Unincorporated tract (City Undeveloped tract
of Pearland ETJ —
extraterritorial jurisdiction)
Zone Change Application No. 1071
Page 1
East
West
Zoning Land Use
Unincorporated land (City Undeveloped tracts
of Pearland ETJ —
extraterritorial jurisdiction)
Planned Unit Development
(PUD — Shadow Creek
Ranch — commercial and
business uses)
Undeveloped tracts
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan
recommends Business Park uses for the subject property and many of the surrounding
areas along State Highway 288. The Comprehensive Plan further indicates that the
appropriate zoning districts for business park uses are a PUD — Planned Unit Development
Corridor Overlay District or a new base zoning district. This business park area is intended
to be a "mixed -use area developed in coordinated, master planned campus -like settings
with interdependent and complimentary uses." The recommended uses include office
buildings, regional shopping centers, and research and development facilities.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on State Highway 288, a major thoroughfare with a right-of-way in excess of 120 feet. The
Thoroughfare Plan indicates that the subject property will be affected by a secondary
thoroughfare (100' right-of-way), generally extending east/west through the property and
intersecting SH 288 at the west frontage road. This secondary thoroughfare will be
addressed by the developer as the subject property is platted for development.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The proposed general business
district is appropriate for the area due to its location along State Highway 288. The
approved Planned Unit Development (PUD) for Shadow Creek Ranch indicates that the
properties along SH 288 and portions of the property to the west of the subject property are
to be developed for commercial and general business district uses. Therefore, the
proposed zone change is consistent with existing zoning districts within the immediate
area.
PUBLIC COMMENTS: Public notice/comment forms were mailed to 7 property owners
within 200 feet of the subject property under consideration. No public comment forms have
been returned.
Zone Change Application No. 1071
Page 2
STAFF RECOMMENDATION: Staff recommends approval of the zone change as
proposed by the applicant, for the following reasons:
1. The proposed zone change is consistent with the zoning of the property to the west
within the Shadow Creek Ranch Planned Unit Development.
2. The location of the property along State Highway 288 for business uses is generally
consistent with the Comprehensive Plan designation of business uses and mixed -
uses.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Area Zoning Map
Zone Change Application No. 1071 •
Page 3
0 200 400 Feet
Bill I
Zone Change Application No. 1071
Pearland Investments/Shadow Creek Ranch Development
S.H. 288 and Shadow Creek Parkway
(SD - GB)
N
W E
S
November 19, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1071
Request of Gary Cook — Shadow Creek Ranch Development L.P., agent for Pearland
Investments, L.P., owner for an amendment to the Land Use and Urban Development
Ordinance from classification Suburban Development District (SD) to General Business District
(GB), on the following described property, to wit:
12.58 acres, J. Crawley Survey, Abstract 174, being all of Tract I recorded under file number 94-
009151, Brazoria County, Texas (Shadow Creek Ranch west of State Highway 288)
Honorable Mayor and Council Members:
At a regular meeting held on November 18, 2002, immediately following a Joint Public Hearing,
the Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Zone Change Application No. 1071 to City
Council for approval. Commissioner Bacon seconded the motion.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Gary Cook — Shadow Creek Ranch Development, L.P., 2947 Broadway Street, Pearland,
TX 77581
Pearland Investments, L.P., 5195 Las Vegas Boulevard South, Las Vegas, Nevada, 89119
Page 1 of 1
TAX ACCOUNT NO. OWNER
0675-0011-110
0675-0011-000
0174-0001-131
0344-0003-120
0174-0001-150
0344-0001-000
PEARLAND INVESTMENTS LTD PRT
PEARLAND INVESTMENTS LTD PRT
PEARLAND INVESTMENTS LTD PRT
PEARLAND INVESTMENTS LTD PRT
PEARLAND INVESTMENTS LP
GARY COOK- SHADOW CK RN DEV
Y2 BUSINESS INC
PEARLAND INVESTMENTS LTD PRT
ZONE CHANGE APPLICATION NO. 1071
Property Owner Notification List
ADDRESS
PO BOX 95398
PO BOX 95398
PO BOX 95398
PO BOX 95398
5195 LAS VEGAS BLVD S
2947 E BROADWAY
6414 COLEY PARK
PO BOX 95398
CITY
LAS VEGAS, NV 89193-5398
LAS VEGAS, NV 89193-5398
LAS VEGAS, NV 89193-5398
LAS VEGAS, NV 89193-5398
LAS VEGAS, NV 89119
PEARLAND, TX 77581
SUGAR LAND, TX 77479-5594
LAS VEGAS, NV 89193-5398
LEGAL DESCRIPTION
A0675 J W MAXEY, BLOCK 10, TRACT 9A-10A, ACRES 10.290
A0675 J W MAXEY, BLOCK 10, TRACT 9-10, ACRES 7.400
A0174JAMES CRAWLEY, TRACT 1, ACRES 12.58
A0344 WM MORRIS, TRACT 2B, ACRES 37.847
A0174 JAMES CRAWLEY, TRACT 1C, ACRES 6:270
A0344 WM MORRIS, TRACT 1A-2-2A-2A1 (PT), ACRES 4.540
AFFIID.AVIT OF PUBLICATIO
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77.546.
State of Texas
Galveston and. Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
:3ircufation in Galveston, Harris and Brazoria Counties, for / issues,as follows:
No. / Date o G s 20 b Z
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this 3
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of a
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Oct. 30 & Nov. 6,
' 2002 -
f NOTICE OF A JOINT
PUBLIC HEARING OF
i THE CITY,COUNCIL AND j
THE PLANNING AND .
ZONING COMMISSION OF
THE CITY OF PEARLAND,
TEXAS
•
Notice is hereby given that on'
the 18th day of November,'
2002, at 6:30 p.m., the City;
Council and Planning - and
Zoning Commission of the.
City of Peariand, Brazoria,'
' Harris and Fort' Bend
Counties, Texas, will;conduct
a jointi public hearing in the;
Council Chambers of City,
Hall, 3519 Liberty, Drive,j
Pearland, . Texas, on the;
'request of Gary Cook
,Shadow Creek - Ranch'
Development, LP, agent for'
IPearland Investments, L.P.,'
:•
owner, for an amendment to
:the Land Use and Urban'
Development Ordinance of
said City from Classification
'Suburban Development
i District (SD) to General;
'Business District (GB) on the:
f following described property,
to wit:
12.5a acres, J. Crawley;
Survey, Abstract 174, being;
all of Tract I, recorded under
file number 94-009151, i
Brazoria .County, Texas
((Shadow Creek Ranch west.
of State Highway 288)
At said hearing all interested
parties shall have the right
and opportunity to appear;
and be heard on the subject.
/s/ MonaAnn'Phipps . I '
Development Coordinator '
I APPLICATION NO. 1071
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:ofgeneral
circulation in Brazoria, Harris & Galveston Counties, for / issues, as.follows:
No / Date /A 6 :20 4 ` .
No. Date 20
No Date • `20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 02--
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Oct. 30 & Nov. 6,
2002
, NOTICE OF A JOINT
PUBLIC HEARING• OF
1 THE.CITY COUNCIL AND
THE PLANNING AND . 1
I ZONING COMMISSION OF' i
1 THE CITY OF PEARLAND,
ITEXAS
I
f Notice is herebygiven that on -I —
;the 18th day of November,
12002, at_6:30 p.m., the City i
,Council and Planning and
Zoning Commission of the
(City of_Pearland,_Brazoria,
1Harris , and Fort i Bend
Counties, Texas, will conduct
a joint public hearing' in the
Council • Chambers of City
Hall, 3519 Liberty j Drive, ,
f Pearland, Texas, on the
request of Gary. Cook -
Shadow Creek Ranch;
Development, L.P, agent for ,
• Pearland Investments; L.P.,
owner, for an amendment to
the Land Use and Urban
Development .Ordinance of
said, City. from Classification
Suburban Development
District (SD) to General
Business District (GB) on the
following described property,
to wit: .
12.58 acres, J. Crawley
Survey, Abstract 174, being
all of Tract I recorded' under
file number 94-009151,1
Brazoria County, Texas
(Shadow Creek Ranch west;
of State Highway 288)
At said hearing all interested
parties shall have the right
and opportunity, to appear,'
and be heard on the subject.
/s/Mona Ann Phipps..,
Development Coordinator
APPLICATION NO. 1071