Ord. 2000M-0025 2007-02-16
ORDINANCE NO. 2000M-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING
37.39 ACRES TOTAL; 7.814 ACRES OF LAND LOCATED IN THE
OBEDIAH PITTS SURVEY, ABSTRACT 717, THE T.C.R.R. COMPANY
SURVEY, SECTION 4, ABSTRACT 675 AND THE DUPUY & ROBERTS
SURVEY, ABSTRACT 726, BEING THE RESIDUE OF LOT 2 AND THE
EAST 1/2 OF LOT 1, BLOCK 10, OF THE ALLISON-RICHEY GULF COAST
HOME COMPANY'S PART OF SUBURBAN GARDENS, A SUBDIVISION
OF RECORD IN VOLUME 2, PAGE 99, OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS; AND 29.583 ACRES OF LAND LOCATED IN
THE T.C.R.R. COMPANY SURVEY, SECTION 4, ABSTRACT 675, AND
THE DUPUY AND ROBERTS SURVEY, ABSTRACT 726, AND BEING A
PORTION OF LOT 3, LOT 4, AND LOT 5, BLOCK 10, OF THE ALLlSON-
RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN
GARDENS, A SUBDIVISION OF RECORD IN VOLUME 2, PAGE 99, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE
NORTHWEST CORNER OF STATE HIGHWAY 288 AND SHADOW CREEK
PARKWAY), (ZONE CHANGE APPLICATION NO. 2006-37Z), FROM
BUSINESS PARK DISTRICT 288 (BP-288) TO PLANNED
DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF GULF COAST
COMMERCIAL AND PATRICK EGAN, APPLICANT FOR STROUHAL TIRE,
DONNIE STROUHAL, NANCY S. MACHA, AND GENE STROUHAL,
OWNERS, PROVIDING FOR AN AMENDMENT OF THE ZONING
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT.
WHEREAS, Gulf Coast Commercial and Patrick Egan, applicant for Strouhal
Tire, Donnie Strouhal, Nancy S. Macha, and Gene Strouhal, owners, filed on October
23, 2006, an application for amendment to Ordinance No. 2000M, the Zoning Map of
the City, for approval of a change in the zoning district, 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 20th day of November, 2006, a Joint Public Hearing was held
ORDINANCE NO. 2000M-25
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 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 1 sl day of December, 2006, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Gulf Coast Commercial and Patrick
Egan, applicant for Strouhal Tire, Donnie Strouhal, Nancy S. Macha, and Gene
Strouhal, owners, whereby the Commission recommended approval of the change of
classification for the described property from its existing classification of Business Park
District - 288 (BP-288) to Planned Development District (PD); 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 11, 2006; 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 Gulf Coast Commercial and Patrick Egan, applicant for Strouhal
Tire, Donnie Strouhal, Nancy S. Macha, and Gene Strouhal, owners, 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:
Section I. The following described property located within the corporate City
limits of the City of Pearland, Texas, and presently classified as Business Park District-
Page 2 of 5
Ord No 2000M-25
ORDINANCE NO. 2000M-25
288 (BP-288) is hereby zoned to Planned Development District (PO), in accordance
with all conditions and requirements listed in the Planned Development (PO) Document,
also known as Exhibit "C" attached hereto and incorporated for all purposes, such
property being more particularly described as:
37.39 acres total; 7.814 acres of land located in the Obediah Pitts Survey,
Abstract 717, the T.C.R.R. Company Survey, Section 4, Abstract 675 and the
Dupuy & Roberts Survey, Abstract 726, being the residue of Lot 2 and the East
1/2 of Lot 1, Block 10, of the Allison-Richey Gulf Coast Home Company's Part of
Suburban Gardens, a subdivision of record in Volume 2, Page 99, of the Plat
Records of Brazoria County, Texas; and 29.583 acres of land located in the
T.C.R.R. Company Survey, Section 4, Abstract 675, and the Dupuy and Roberts
Survey, Abstract 726, and being a portion of Lot 3, Lot 4, and Lot 5, Block 10, of
the Allison-Richey Gulf Coast Home Company's Part of Suburban Gardens, a
subdivision of record in Volume 2, Page 99, Plat Records of Brazoria County,
Texas, City of Pearland, Brazoria County, Texas (Generally Located at the
Northwest Corner of State Highway 288 and Shadow Creek Parkway)
Section 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.
Section 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.
Section 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
Page 3 of 5
Ord No 2000M-25
ORDINANCE NO. 2000M-25
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.
Section 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.
Section VI. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein
granted for the reclassification of the herein above described property.
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 11th day of
December, 2006.
d~ Rh.'
TOM REID
MAYOR
ATTEST:
7
Page 4 of 5
Ord No 2000M-25
ORDINANCE NO. 2000M-25
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
26th day of February, 2007.
T~~~
MAYOR
ATTEST:
APPROVED AS TO FORM:
Q--,j(. ~
D RRIN M. COKER
CITY ATTORNEY
Page 5 of 5
Ord No 2000M-25
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pea~and, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Current Zoning District:-----B P' - 2.~CJ
Proposed Zoning District:J p, 2~g - P D
Property Information:
Address or General Location of property:.JJort~ ~(S~ C(JYh~r c\
2.S~ F'("QntC4.~t. R<)o.d
Tax Account No.
,
ZZ ~l#- ~
.
Subdivision:
~()V\-L
Lot:
~~"'~
Block: )-~5H' (.
A Complete
Application
must include
all of this
information:
.45 ~
Fee (see Zoning Change Fee Schedule) 0
~
~
hlJ
Legal Description and/or Survey of the Property
Letter Explaining the Zoning Change Request in detail (specify the
existing zoning and why the zone change is being requested, current use
of the property, and the proposed use of the property; if a PO is
requested, see PO Format and Guidelines)
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME 5trolA.hCl.\ Tir-"t.. I Dont'lte ~"'ov.~ttl NAME q~(f l.oc.5t- ~CI~( / Pa.h-l'tk. ~
ADDRESS B2oc... H",,~ 5~ ADDRESS ~IZ.O r<OjtYk\..t ) 's-lc.11e /.;0
CITY~Uro...d. STATE ~ ZIP 1144~ CITY---1l/)u~.toY\ STATE "fX- ZIP t1o<ft.
PHONE( ~~'t.) 1;' ~ ?/101 PHONE( 1\ ~ ) 1fi z.. ~ 097"4
FAX( ) FAX( 11~ ) -z.'i1.. - O~lo
E-MAIL ADDRESS E-MAIL ADDRESS YA\-y'1 cJc.. 4!,V\ e..~&.\l ~l~* c.~. c.c.W'
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code of the City of Pearland.
Owner's Signature: fo &e. Prov\&eol &~-y~ IOl!1{UOSo Date:
Agent's Signature: To gll.. f'yovl&a{ '&e.fo'li! to lnl'l-OoL Date:
RECEIVED
BY:
RECEIPT
NUMBER:
Application
No. {)OO~ --- 3-72:
SUBJECT
PROPERTY
LOCATION MAP
o 300 600 Feet
I I I I I I
Zone Change
No. 2006-37Z
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Map Prepared on October 30,2006
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby ~ppended was. published
. in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and ,Galveston Counties, for '/ issues, as follows:
Subscribe and sworn to before me this
20 a;,
~D{X)r~1 - [1.5
day of
\
~.
, Notary Public, State of Texas
ZDll.(' h (; . I"le;) , (L.f -z.
Published Nov. 1 and
Nov. 8, 2006
NOTICE OF A JOINT PUB.
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
~ COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2006.37Z
Notice is hereby given that
on November 20, 2006, 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,
located at 3519 Liberty
Drive, Pearland, Texas, on
the request of Gulf Coast
Commercial and Patrick
Egan, applicant for Strouhal
Tire, Donnie Strouhal,
Nancy S. Macha, and Gene
Strouhal, owners, for an
amendment to Ordinance
No. 2000M, the Zoning Map
of the City of Pearland, for
approval of a change in zon-
ing district from classifica-
tion Business Park District -
288 to Planned
Development District (PD),
on the following described
property, to wit:
LEGALS
~
Page 99, Plat Records of
Brazoria County, Texas, City
of Pearland, Brazoria
County, Texas (Generally
Located at the Northwest
Corner of State Highway
288 and Shadow Creek
Parkway)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Isl Theresa Grahmann
Senior Planner
37.39 acres total; 7.814
acres of land located in the
Obediah Pills Survey,
Abstract 717, the T.C.R.R.
Company Survey, Section 4,
Abstract 675 and the Dupuy
& Roberts Survey, Abstract
726, being the residue of Lot
2 and the East 112 of Lot 1,
Block 10, of the Allison-
Richey Gulf Coast Home
Company's Part of
Suburban Gardens, a subdi-
vision of record in Volume 2,
Page 99, of the Plat
Records of Brazoria County,
Texas; and 29.583 acres of
land located in the T.C.R.R.
Company Survey, Section 4,
Abstract 675, and the Dupuy
and Roberts Survey,
Abstract 726, and being a
portion of Lot 3, Lot 4, and
Lot 5, Block 10, of the
Allison-Richey Gulf Coast
Home Company's Part of
Suburban Gardens, a subdi-
vision of record in Volume 2,
; J
,
; .i
J ~
~ !.
;~ .
4 .
.~
.
.-if !
...;.
AFFIDAVIT OF PU8LICA.-IUN
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for J issues, as follows:
,
No. J Date 1./-8 20 Ofo
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
. 20 ()V
q
day of .1J()(;J
Notary Public, State of Texas
/' r)~. /i 1'1(. i' ') 00 I ';.;l '1 --:J
L--L , 'e. ,~. y . ( '_: ~ d (t. -,) -r "i,..
Published Nov. 1 and
Nov. 8, 2006
NOTICE OF A JOINT PUB.
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND zoNiNG
COMMISSION <)F THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2006-37Z
Notice is hereby given that
on November 20, 2006, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Peartand, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall,
located at 3519 Liberty
Drive, Peartand, Texas, on
the request of Gulf Coast
Commercial and Patrick
Egan, applicant for Strouhal
Tire, Donnie Strouhal,
Nancy S. Macha, and Gene
Strouhal, owners, for an
amendment to Ordinance
No. 2000M, the Zoning Map
of the City of Peartand, for
approval of a change in zon-
ing district from classifica-
tion Business Park District -
288 to Planned
Development District (PD),
on the following described
property, to wit:
37.39 acres total; 7.814
acres of land located in the
Obediah Pills Survey,
Abstract 717, the T.C.R.R.
Company Survey, Section 4,
Abstract 675 and the Dupuy
~I
LEGALS
& Roberts Survey, Abstract
726, being the residue of Lot
2 and the East 1/2 of Lot 1 ,
Block 10, of the Allison-
Richey Gulf Coast Home
Company's Part of
Suburban Gardens, a subdi-
vision of record in Volume 2,
Page 99, of the Plat
Records of Brazoria County,
Texas; and 29.583 acres of
land located in the T.C.R.R.
Company Survey, Section 4,
Abstract 675, and the Dupuy
and Roberts Survey,
Abstract 726, and being a
portion of Lot 3, Lot 4, and
Lot 5, Block 10, of the
Allison-Richey Gulf Coast
Home Company's Part of
Suburban Gardens, a subdi-
vision of record in Volume 2,
Page 99, Plat Records of
Brazoria County, Texas, City
of Peartand, Brazoria
County, Texas (Generally
Located at the Northwest
Comer of State Highway
288 and Shadow Creek
Parkway)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Isl Theresa Grahmann
Senior Planner
Planning & Zoning Commission
Recommendation Letter
December 1, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2006-37Z, a request by Gulf Coast Commercial
and Patrick Egan, applicant for Strouhal Tire, Donnie Strouhal, Nancy S. Macha, and
Gene Strouhal, owners, for an amendment to Ordinance No. 2000M, the Zoning Map of
the City of Pearland, for approval of a change in zoning district from classification
Business Park District - 288 (BP-288) to Planned Development District (PO)
Honorable Mayor and City Council Members:
At their regular meeting of November 20, 2006, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Business Park District
- 288 (BP-288) to Planned Development District (PO), on the following property:
Legal Description: 37.39 acres total; 7.814 acres of land located in the Obediah Pitts
Survey, Abstract 717, the T.C.R.R. Company Survey, Section 4, Abstract
675 and the Dupuy & Roberts Survey, Abstract 726, being the residue of
Lot 2 and the East 1/2 of Lot 1, Block 10, of the Allison-Richey Gulf Coast
Home Company's Part of Suburban Gardens, a subdivision of record in
Volume 2, Page 99, of the Plat Records of Brazoria County, Texas; and
29.583 acres of land located in the T.C.R.R. Company Survey, Section 4,
Abstract 675, and the Dupuy and Roberts Survey, Abstract 726, and
being a portion of Lot 3, Lot 4, and Lot 5, Block 10, of the Allison-Richey
Gulf Coast Home Company's Part of Suburban Gardens, a subdivision of
record in Volume 2, Page 99, Plat Records of Brazoria County, Texas,
City of Pearland, Brazoria County, Texas
General Location: Generally Located at the Northwest Corner of State Highway 288 and
Shadow Creek Parkway
Agenda Request 37Z
Page 3 of 4
Commission Member Sherrouse made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Koza. The motion to approve passed 5
- O. The zone change was recommended for approval by the Planning and Zoning
Commission. The Planning and Zoning Commission added the following conditions for
approval, which would need to be revised in the PO document:
1. All display areas out of doors shall be confined to a pedestrian walkway immediately
adjacent to the building housing the primary use, shall not extend from such building a
distance of more than ten feet, and shall be located wholly under a permanent part of
the main business building such as a marquee, provided that adequate pedestrian
access is maintained. Adequate pedestrian access shall be an unobstructed thirty-six
inch walkway.
2. The developer shall provide walking trails along the creek, in accordance with the
Master Parks Plan, and as approved by the Director of Parks and Recreation.
3. Any trucks or trailers or storage containers for the delivery of merchandise be screened
from view, and shall be shown on a site plan, subject to review and approval by the City.
Sincerely,
Planning and Zoning Commission
Agenda Request 37Z
Page 4 of 4