Ord. 509-616 11-25-02ORDINANCE NO. 509-616
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 AND GRANTING A SPECIFIC USE PERMIT FOR MINI -
WAREHOUSES AND CONSTRUCTION OF A 6 FOOT MASONRY FENCE
ALONG THE ENTIRE EAST SIDE OF THE PROPERTY IN ACCORDANCE
WITH THE CITY CODES, ON THE FOLLOWING PROPERTY, BEING 8.45
ACRES, ABSTRACT 242, SECTION 17, H.T. & B.R.R. COMPANY SURVEY,
BRAZORIA COUNTY, TEXAS (5119 FITE ROAD) ( APPLICATION 1066)
(SPECIFIC USE NO. 114) (5119 FITE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO GENERAL BUSINESS DISTRICT -
SPECIFIC USE (GB(S)) AT THE REQUEST OF MICHAEL POLLOK, AGENT
FOR HOWARD BRIGHT, 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, Michael Pollok, Agent for Howard Bright, Owner, filed on August 19, 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 21st of October, 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 22nd day of October, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Michael Pollok, Agent for Howard Bright, Owner, whereby the
Commission recommended and approved a change of classification for the property described
1
ORDINANCE NO. 509-616
in Exhibit "A" from its existing classification of Suburban Development (SD) to General
Business District - Specific Use (GB(S)); and;
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on November 11, 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 Michael Pollok, Agent for Howard Bright, Owner, presented which, in the
judgment of the City Council, would justify the approval of said application, it is therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as Suburban Development (SD) to is hereby for all
purposes changed and reclassified as to General Business District - Specific Use (GB(S)); for
mini -warehouses and construction of a 6 foot masonry fence along the entire east side of the
property in accordance with City Codes described as:
8.45 acres, Abstract 242, Section 17, H.T. & B.R.R. Company Survey, Brazoria County, Texas
(5119 Fite Road)
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
2
ORDINANCE NO. 509-616
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.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-616
PASSED, APPROVED, and ADOPTED on First Reading this filth day of
November , 2002.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day
of November , 2002.
ATTEST:
APPROVED AS TO FORM:
- at,
DARRIN COKER
CITY ATTORNEY
0, IL,
TOM REID
MAYOR
4
CITY .OF PEARLAND
ZONE; CHANGE APPLICATION )
revised 10/20/01 • - .
Change in Zoning Classification from: ® to:
Change in Regulations in Section #:
Specific Use for: * • /30/47e V Hi''''
Property address: '5/ /Q / r Aic
Lot: Block:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: 6 oo2•0®00
Current use of land: 17.4)"^>7 2421-'
Proposed use of land: /30, %c4k /es V.
Record owner's name:
/4,0 43a..0
Owner's mailing address: 2303 Cv^-'A`'t,-).6 a.�-/ ,e,lvS• 77S 8/
Owner's telephone number: 2. S /
Agent's name:
/1-4'// /i+A4 L
Agent's mailing address:
-775 7 5, /L/P. 620'
Agent's telephone number: 7/ 3 ` 789- o
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use
Permit request to allow a residential use in a business zone (OP, NS,. GB), I acknowledge that such us,
may be incompatible with current and future uses on properties in my vicinity.
Owner's signature: Agent's signature:
Fees paid: $ . oo
Received by:
Date paid:
•Application number:`'
l0�
��icfrn�Su.11�
0 200 400 Feet
IIIII I
Zone Change Application No. 1066 and
Specific Use Application No. 114
Howard Bright/Michael Pollok
5119 Fite Road
(SD - GB(S))
Zone Change Application
No. 1066 and Specific Use
Application No. 114
Date of City Council and Planning and October 21, 2002
Zoning Commission Joint Public Hearing:
Property Owner: Howard Bright
Applicant or Agent: Michael Pollok
Location or Address of Property: 5119 Fite Road
Existing Zoning: Suburban Development District (SD)
Requested Zoning: General Business District — Specific Use
(GB(S))
SUMMARY: The applicant is requesting a change in zoning on the subject property in
order to develop a. mini-warehouse/storage and boat/RV storage facility. The applicant is
proposing an underlying zoning district of GB, with a specific use permit for storage and
mini -warehouse uses. The Land Use and Urban Development ordinance indicates that a
storage a mini -warehouse facility is permitted within the GB district by approval of a specific
use permit.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North General Business District Golf driving range
(GB)
South Commercial District (C); Undeveloped land
Single Family Dwelling
District (R-2)
Zone Change Application No. 1066/SU 114
Page 1
East
West
Zoning Land Use
Suburban Development Commercial building; single family
District (SD); Commercial residences
District (C); Single Family
Dwelling District (R-1)
Suburban Development Mobile home residence
District (SD)
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan
recommends Low Density Residential uses for the subject property and all of the
surrounding areas. The Comprehensive Plan further indicates that the appropriate zoning
districts for low density residential uses are Estate Lot Single Family Dwelling District (RE)
and Single Family Dwelling Districts R-1 and R-2.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Fite Road, which is a designated as a major collector street that is to be widened in the
future as needed. No other roadways affect the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Although the Comprehensive
Plan recommends low density residential uses for the subject property, the location and the
shape of the property, and limited access to Fite Road, may make the property more suited
for retail or commercial uses. Several of the properties within the immediate area are
already zoned for general business and commercial uses, such as the property to the
south and east. There is also a large commercially zoned tract at the intersection of Fite
Road and Manvel Road.
Should the proposed zone change be approved, the applicant will be responsible for
complying with Chapter 23 of the Land Use and Urban Development Ordinance. Chapter
23 requires a 6 foot high masonry fence to be placed and maintained by the nonresidential
property owner as a buffer between residential and nonresidential zoned properties. Staff
is recommending approval of the zone change request, with the condition that the applicant
provide a masonry fence in accordance with Chapter 23 of the Land Use and Urban
Development Ordinance.
PUBLIC COMMENTS: Public notice/comment forms were mailed to 16 property owners
within 200 feet of the subject property under consideration. No public comment forms have
been returned.
STAFF RECOMMENDATION: Staff recommends approval of the zone change and the
specific use permit for a storage and mini -warehouse facility, with the condition that the
applicant provide a masonry fence in accordance with Chapter 23 of the Land Use and
Urban Development Ordinance.
Zone Change Application No. 1066/SU 114
Page 2
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. 1066/SU 114
Page 3
0 200 400 Feet
I111I I
Zone Change Application No. 1066 and
Specific Use Application No. 114
Howard Bright/Michael Pollok
5119 Fite Road
(SD - GB(S))
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Zone Change Application No. 1066 and
Specific Use; Application No. 114
Howard Bright/Michael Pollok
5119 Fite Road
(SD - GB(S))
TAX ACCOUNT #
0242-0003-000
0242-0010-100
0242-0010-110
8215-0009-000
8215-0008-000
8215-0007-000
0242-0020-000
0242-0020-110
0242-0015-115
8215-0006-000
8215-0006-000
8215-0006-000
0242-0018-110
0242-0018-000
0242-0014-000
0242-0013-000
0242-0015-135
0242-0022-000
0242-0023-000
:7160-0020-000
OWNER
RODRIGUEZ JOSE C
RODRIGUEZ JOSE C
HAWK WILLIAM F
BRENNAN NADIA D
MCGUFF HELEN L
MCGUFF HELEN L
BRIGHT HOWARD C
POLLOK MICHAEL
MARCHAND MERLIN J & EMILY
HUGHES WEST INVESTMENTS
MCGUFF JACK D JR
MCGUFF JACK D JR
MCGUFF JACK D JR
HAWK WILLIAM F
PEPIN ARNE W & CONSTANCE M
HRBACEKALFRED C
HRBACEKALFRED C
MATA JOSE-DE JESUS
H &,R'OPERATOR SERVICES INC
GKF HOLDINGS LLC
TEXAS LAND COORDINATORS
ZONE CHANGE APPLICATION NO. 1066
AND
SPECIFIC USE APPLICATION NO. 114
Property Owner Notification List
ADDRESS
25337 PENNSYLVANIA AVE
25337 PENNSYLVANIA AVE
PO BOX 941
PO BOX 727
PO BOX 308
PO BOX 308
2303 CUNNINGHAM DR
7757 SAN FELIPE STE 204
7429 FITE RD
6302 BROADWAY ST STE 250
2850 WESTCHESTER CIR
2850 WESTCHESTER CIR
2850 WESTCHESTER CIR
PO BOX 941
2933 MANVEL RD
6619 CONLON ST
6619 CONLON ST
5103 DAUGHERTY RD
PO BOX 178
11753 W BELLFORT ST STE 114
PO BOX 1697
CITY
SAN BENITO, TX 78586-6623
SAN BENITO, TX 78586-6623
PEARLAND, TX 77588-0941
PEARLAND, TX 77588-0727
PEARLAND, TX 77588-0308
PEARLAND, TX 77588-0308
PEARLAND, TX 77581-3807
HOUSTON, TX 77063
PEARLAND, TX 77584-1098
PEARLAND, TX 77581-7828
PEARLAND, TX 77584-5827
PEARLAND, TX 77584-5827
PEARLAND, TX 77584-5827
PEARLAND, TX 77588-0941
PEARLAND, TX 77584-7541
HOUSTON, TX 77061-1611
HOUSTON, TX 77061-1611
PEARLAND, TX 77581
PEARLAND, TX 77588-0178
STAFFORD, TX 77477-1327
PEARLAND, TX 77588-1697
LEGAL DESCRIPTION
A0242 H T & B R R, TRACT 3A (PT), ACRES 6.588
A0242 H T & B R R, TRACT 3A3 (PT), ROAD ESMT, ACRES 2.27
A0242 H T & B R R, TRACT 3A3A (PT), ROAD ESMT, ACRES 4.13
WESTCHESTER LT 10 242 H T & B
WESTCHESTER LT 9 242 H T & B, ACRES 0.890
WESTCHESTER LT 8 242 H T & B
A0242 HT&BR R, TRACT 3, ACRES 8.3527
A0242 H T & B R R, TRACT 3F, MH, ACRES 7.000
WESTCHESTER LTS 5-6-7 242 H T & B, ACRES 3.270
WESTCHESTER LTS 5-6-7 242 H T & B, ACRES 3.270
WESTCHESTER LTS 5-6-7 242 H T & B, ACRES 3.270
A0242 H T & B R R, TRACT 4C, ACRES 4.690
LT 4 242 H T & B, ACRES 4.690
A0242 HT&BR R, TRACT 4B1, ACRES 2.500
A0242 H T & B R R, TRACT 4B, ACRES 7.500
A0242 H T & B R R, TRACT 3E, ACRES 1.000
A0242 H T& B R R, TRACT 6-6C-6C1-6D-9-9B, ACRES 22.36
October 22, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO '1'11L CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1066 AND SPECIFIC USE APPLICATION NO. 114
Request of Mike Pollock, agent for Howard Bright, owners for an amendment to the Land Use
and Urban Development Ordinance from classification Suburban Development (SD) to
General Business District — Specific Use (GB(S)) for mini -warehouse use on the following
described property, to wit:
8.45 acres, Abstract 242, Section 17, H.T. & B.R.R. Company Survey, Brazoria County,
Texas (5119 Fite Road)
Honorable Mayor and Council Members:
At a regular meeting held on October 21, 2002, immediately following a Joint Public Hearing, the.
Planning and Zoning -Commission considered the above -mentioned request.
Commissioner Ray Bacon made a motion to forward Zoning Application No. 1066 and Specific Use
Application No. 114 to City Council for approval. Commissioner Ruby Sandars seconded the
motion.
Commissioner Ruby Sandars amended the original motion to add a stipulation that the entire eastern
side of the property must have a six -foot masonry wall. Commissioner Sheryl Greiner seconded the
motion.
Motion to approve passed 4 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Howard Bright, 2303 Cunningham Drive, Pearland, Texas 77581
Mike Pollock, 7757 San Felipe Suite 204, Houston, Texas 77063
Page 1 of 1
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 appendedwas 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 /-)-5 '200 2-
No. Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this �G
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of. Texas
;Published Sept. 25 & Oct. 2,
!2002
'NOTICE OFA JOINT. ,
;PUBLIC HEARING OF THE
CITY COUNCIL AND THE
(PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
'Notice is hereby given that on'
the 21st day of October,.
12002, at 6:30 p.m., the City;
(Council and Planning and.
Zoning Commission of the;
City of 'Pearland, Brazoria,l
tHarris and Fort Bend
j Counties, Texas, will conduct
a joint public hearing in the
Council Chambers of Citj
Hall, 3519 Liberty Drive
Pearland, Texas, on thi
request of Michael Pollok
{ agent for Howard Bright
owner, for an amendment ti
the Land Use and Urbar
Development Ordinance of
said City from Classificatior
Suburban Development
District (SD) to General
i Business District - Specific
Use (GB(S), for storage (boat
and RV) and mini -warehous-
es, on the following described
property, to wit:
8.45 acres, Abstract 242
Section',17, H.T. & B.R.R.;
Company Survey, Brazoria'
County, Texas (5119 Fite
Road)
{
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. 1066
and SPECIFIC USE
APPLICATION NO. 114
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,fotfows:
No. / Date 0 Cam ' -. 20 a
No. Date 20
No. Date 20
No. Date 20
No. flate 20
Subscribe and sworn to before me this
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
President
Laura Ann Emmons, Publisher
Notary Public, State of Texas :`
'Pu6Ii ii d Sept. 25 & Oct. 2,
(2002
!NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY I
!OF PEARLAND, TEXAS
• Notice is hereby given that on
.the 21st day of October,
2002, at 6:30 p.m., the City ;
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct
, a joint,publichearing in the
Council Chambers of City
Hall, 3519 Liberty Drive,
• Pearland, Texas, on the
I request of Michael Pollok,
agent, for Howard 'Bright,
owner, for an amendment to
the Land Use and Urban
j Development Ordinance of
!said City from Classification
Suburban Development
;District (SD) to General
Business District - Specific
Use (GB(S), for storage (boat
and RV) and mini -warehous-
es, on the following described
;property, to wit: ,
8.45 , acres, Abstract 242,
Section 17, H.T. & B.R.R.
;Company Survey, Brazoria
County, Texas (5119 Fite
Road)
•
iAt said hearing all interested
ipartias shall have the right
rand ',opportunity to appear
land be heard on the subject ,
/s/ Mona Ann Phipps
'Development Coordinator --
:APPLICATION NO. 1066
and SPECIFIC USE
APPLICATION NO. 114