Ord. 2000M-0097 2013-02-25ORDINANCE NO. 2000M-97
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 ALL
THAT CERTAIN 7.650 ACRES OUT OF SECTION 16, H.T. & B. R.R COMPANY
SURVEY, ABSTRACT NO. 546 AND BEING A PORTION OF THAT CERTAIN
TRACTS DESCRIBED IN A DEED DATED 04-11-2002 FROM EDWIN HUNTER
HARRIS, ET UX. TO MARILYN LOUISE BULLARD AS FILED IN THE OFFICIAL
RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S FILE
NO. 02-017799 AND A PORTION OF THAT CERTAIN TRACT AS DESCRIBED
IN A DEED DATED 12-17-1997 FROM EDWIN HUNTER HARRIS, SR. TO
MARILYN LOUISE BULLARD AS FILED IN THE OFFICIAL RECORDS OF
BRAZORIA COUNTY AT CLERK'S FILE NO. 97-044957. (LOCATED AT
NORTHEAST CORNER OF MAGNOLIA AND MANVEL ROADS, PEARLAND,
TEXAS), ZONE CHANGE 2013-01Z, A REQUEST OF MICHAEL POLLAK,
APPLICANT, ON BEHALF OF MARILYN BULLARD, OWNER, FOR APPROVAL
OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL -1 (R-1)
ZONE TO THE NEIGHBORHOOD SERVICE (NS) ZONE WITH AN OVERLAID
CONDITIONAL USE PERMIT (CUP) FOR A CHILD DAYCARE CENTER AND
RESTAURANT WITH OR WITHOUT A DRIVE-THRU, 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, Michael Pollak, applicant, on behalf of Marilyn Bullard, owner, filed
an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for
approval of a change in the zoning district from Single Family Residential -1 (R-1) to
Neighborhood Service (NS) with an overlaid Conditional Use Permit (CUP) for a Child
Daycare Center and Restaurant with or without a drive-thru; 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 more graphically depicted in the vicinity map
attached hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 21st day of January, 2013, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
ORDINANCE NO. 2000M-97
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication being attached hereto and made a part hereof for all
purposes as Exhibit "C", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 21st day of January, 2013, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed zone change application of Michael Pollak, applicant, on behalf
of Marilyn Bullard, owner, whereby the Commission recommended approval of the
change of classification for the described property from its existing classification of
Single Family Residential -1 (R-1) to Neighborhood Service (NS) with an overlaid
Conditional Use Permit (CUP) for a Child Daycare Center and Restaurant with or
without drive-thru, said recommendation attached hereto and made a part hereof for all
purposes as Exhibit "D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meeting(s) on the 11th day of February,
2013 and; 25th day of February 2013; 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 Pollak, applicant, on behalf of Marilyn Bullard, owner,
presented which, in the judgment of the City Council, would justify the approval of said
application; now, therefore,
Page 2 of 5
Ord No 2000M-97
ORDINANCE NO. 2000M-97
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 Single Family
Residential -1 (R-1) to Neighborhood Service (NS) with an overlaid Conditional Use
Permit (CUP) for a Child Daycare Center and Restaurant with or without a drive-thru, in
accordance with all conditions and requirements of the current Unified Development
Code and incorporated for all purposes, such property being more particularly described
as:
All that certain 7.650 acres out of Section 16, H.T. & B. R.R Company Survey,
Abstract No. 546 and being a portion of that certain tracts described in a deed
dated 04-11-2002 from Edwin Hunter Harris, et ux. to Marilyn Louise Bullard as
filed in the Official Records of Real Property of Brazoria County at Clerk's File
No. 02-017799 and a portion of that certain tract as described in a deed dated
12-17-1997 from Edwin Hunter Harris, Sr. to Marilyn Louise Bullard as filed in the
Official Records of Brazoria County at Clerk's File No. 97-044957
General Location: Northeast corner of Magnolia and Manvel Roads
Overlaid Conditional Use Permits:
1) Child Daycare Center
2) Restaurant with or without a drive-thru
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.
Page 3 of 5
Ord No 2000M-97
ORDINANCE NO. 2000M-97
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
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
February, 2013.
-'--)arry 'f..i.40
TOM REID
MAYOR
Page 4 of 5
Ord No 2000M-97
ORDINANCE NO. 2000M-97
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th
day of February 2013.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 5 of 5
Ord No 2000M-97
Ordinance No. 2000M-97
Exhibit "A"
APPLICATION FOR
A CHANGE IN ZONING
Current Zoning District: kez.i.-ierzefi<=1-1
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1766
281-652-1702 fax
.:/viw.cityofpearland.com
Proposed Zoning District:
62- 13a..dc c4 -
el
Property Information:
Address or General Location of Property: (o'- r
72 ...0)(
,
TaxAccount No.
Subdivision:
1-'5
Lot: Block:
A complete application must include all infor
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME 14.R.a yr4 L 17uLLAgh
ADDRESS 2411 W4U4E- Fa. 0T
CITY aiARL.Af4L) STATETA ZIP 77584
PHONE( 2..j ) q+45
FAX(42577
E-MAIL ADDRESS440861-L4Rpg) A Tr, •itt
'Property owner must be the current owner of the p
that has the property under contract.
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,
a 'on shown on the
APPLICANT/AGENT INFORMATION:
NAME
ADDRESS ,q'S.5-/50- /7-rciut, 730
,
CITY /7,7,1iiA .767? STATE T' ZIP 7-M,Z91
PHONE( 775
FAX( 745 )
E-MAIL ADDRESS /)4-4( 42.)cljeclil4Z!Vr
— 713 -822- -3g If'
perty at the time of submittal of the application, and not the party
Owner's Signature:
Agent's/Applicant's
Signature:
Date:
Date:
OFFICE USE ONLY:
FEES
PAID.
DATE
PAID:
RECEIVED
I BY:
RECEIPT 4503605.7
NUMBER: OPP
Aoolication el/ - 2-
SY.131, 'AIIXxf3 +I4OM1e .0N11013d
010-0 'Ai/400S '03 'Yo 'e + '1m
10 Ino SOWN) L
11804x3 '.NJIN02
DIOA 101 men fa
ro3 + sumo T3IJ
A
•
TRACT 1
METES AND BOUNDS DESCRIPTION
7.650 ACRES OUT OF
SECTION 16, H.T. & B. R.R. COMPANY SURVEY
ABSTRACT NO. 546
PEARLAND, BRAZORIA COUNTY, TEXAS
All that certain 7.650 acres out of Section 16, H.T. & B. R.R. Company Survey, Abstract No. 546
and being a portion of that certain tracts described in a deed dated 04-11-2002 from Edwin Hunter
Harris, et ux. to Marilyn Louise Bullard as filed in the Official Records of Real Property of Brazoria
County at Clerk's File No. 02-017799 and a portion of that certain tract as described in a deed dated
12-17-1997 from Edwin Hunter Harris, Sr. to Marilyn Louise Bullard as filed m the Official
Records of Brazoria County at Clerk's File No. 97-044957 and being more particularly described by
metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central
Zone);
BEGINNING at a found 5/8" iron rod with cap marking the southwest corner of the Minor Plat of
Berry Miller Junior High and Rogers Middle School according to the plat thereof as filed in the
Official Public Records of Brazoria County at Document Number 2010047371;
1. Thence N 87° 22' 00" E — 1,201.41' with the south line of said Minor Plat of Berry Miller
Junior High and Rogers Middle School to a point for comer from which a found 5/8" iron rod
with cap bears N 25° 03' 48" E — 0.40' from said point;
2. Thence the following 4 courses with the north right-of-way line of Magnolia Road (width
varies) as established by that certain Parcel 1 described in a deed dated 01-31-2007 from
Marilyn Louise Bullard to City of Pearland filed in Official Records of Brazoria County Clerk's
File No. 2007020217;
3. Thence S 02° 36' 32" E — 64.28' to a found 5/8" iron rod with cap for corner marking a point on
a curve to the left having a radius of 2,065.00' and a central angle of 12° 31' 09";
4. Thence with said curve an arc distance of 451.21' and a chord bearing and distance of
S 66° 44' 14" W — 450.31' to a found 5/8" iron rod with cap marking the point of reverse curve
to the right having a radius of 1,935.00' and a central angle of 22° 43' 57";
5. Thence with said curve an arc distance of 767.72' and a chord bearing and distance of
S 71° 50' 39" W — 762.70' to a found 5/8" iron rod with cap for comer;
6. Thence N 49° 23' 18" W — 61.68' to a found 5/8" iron rod with cap for comer;
7. Thence N 02° 32' 29" W — 384.78' with the east right-of-way line of F.M. 1128 to the POINT
OF BEGINNING and containing 7.650 acres of land more or less.
11-421-34.7-650ACRES M&8
Zoning & Vicinity Map
Zone Change 2012-01Z
Northeast Corner
Magnolia/Manvel Roads
This product is for information purposes and
may not have been prepared for or be sultab c
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground survey
and represents only the approximate relative
location of property boundaries.
U 125 250 500 Feet
1 1 1 1 1 r t j
N
CITY Cf HARLAND
REPRIIT
4" CIL MEM fe,
Goer: JCOTTER Type: CC Draver: 1
Date: 12122/12 01 Receipt no: 8%57
Description Quantity Anoont
BA BOARD Cf ADREMEITS
1.00 5775.04
Trans nultber: 39.34745
BABILY1 BAILED
PO BOX 14
PEAILAID
KW COZIER 11A8101.11 & 1128
EX E PULAR
NARILY1 Et1LLARD
ZCE CAME
Tender detail
CI MCI 3415 5275.00
Total tendered 527540
Total paysent 5275.00
Trans date: 12/29/12 Tine: 8:34:1D
ZONE CHANGE APPLICATION Page 4_ of 5 Updated Joe 20191
POSTING OF ZONING NOTIFICATION SIGNS
ON PROPERTY UNDER CONSIDERATION
FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT)
Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP),
or a variance shall be required to erect and maintain a sign(s), to be inspected by the City,
upon the property for which a variance or zoning change has been requested.
Such sign(s) shall be located as follows*
(1) One (1) sign per street frontage shall be located with rn thirty feet (30') of the abutting
street, or as determined by the City.
(2) So as to be clearly visible and readable from the public right-of-way and not
obstructed in any manner.
(3) So as not to create a hazard to traffic on the public rights-of-way abutting the property.
(4) On the subject property at least ten (10) days prior to the hearing of such zoning
change request by the Planning and Zoning Commission, and to remain continuously
on said property until final action by the City Council or withdrawal of the case by the
applicant. Removal of the sign by the applicant prior to a recommendation by the
Planning and Zoning Commission and/or a final decision by the City Council shall
constitute a withdrawal of the request.
(5) The signs shall be as follows:
• A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4 feet
• At least 2 feet above the ground
• Blue or black lettering that is a minimum of 3 inches by 1/2 inch, on a white
background
• Message content as follows.
PROPOSED (SPECIFY REQUEST)
Contact City of Pearland
281-652-1768
'Signs must be professionally made; handwritten signs are not allowed.
'Signs must be freestanding and cannot be attached to a tree, fence, or
building.
Lam!%t'(c fad(t)(c(). .,
YIT
TAX RECEIPT
ROWIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Certified Owner: Legal Description:
BULLARD MARILYN LOUISE
PO BOX 14
PEARLAND , TX 77588-0014
Deposit No:
Val:dation No:
Account No:
Operator Code:
1203281C
900000023415667
0546-0012-110
PEAR2
Year Tai Dalt Name
A0546HThi3RR.TRACT I,0CSMITH,
ACRES 4.0566
Parcel Address: FM 1128
Legal Acres: 4.0566
P.em(t Seq No: 20228282
Receipt Date: 01/31/2012
Deposit Date: 02/01/2012
Print Date: 01/31/2012
Tai Value Tax Ratc Levy Paid PSI Coll Fee Paid Total
2011 BrazoriaCounty 215.530 0.413[01 890.36 0.00 0.00 890.36
2011 Special Road cic Bridge 215,530 0.060000 12932 000 0.00 129.32
2011 Pearland Isd 215,530 1.419400 3,059.23 0.00 0.00 3,059.23
2011 Brazoria Draitagc Dist4 215,530 0.156000 336.23 0.00 0.00 336,23
2011 City Of Pear/and 215,530 0.685100 1,476.60 0.00 0.00 1.476.60
55,891.74
C eck Numhcr(sl:
6911
Exemptions on this property:
FAYFR:
BULLARD MARILYN LOUISE
PO BOX 14
PEARLAND ,TX 77588-0014
50.00 50.00 55,891.74
PAYMENT TYPE:
Checks: S5,891.74
Total Appded:
Total Tendered:
(for accounts paid on 01/31/2012)
Change Paid:
ACCOUNT PAID IN FULL
55,891.74
S5,891.74
S0,00
(979) 864-1320, (979) 388-1320, (281) 756-1320
21.1.153
TAX RECEIPT
ROWIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Certified Owner: Legal Description:
BULLARD MARILYN LOUISE
PO BOX 14
PEARLAND , TX 77588-0014
Deposit No: 1203281C
Validation No: 9000000234157313
Account No: 0546-0012-115
Operator Code: PEAR2
Year Tax Unit Nano
2011 i1raxoria County
2011 Special Road & Bridge
2011 Peaarland Isd
2011 8razotia Drainage Dist 4
2011 City O: Peariard
A0) -lo 11 T & 0 R R, TRACT 1A, ACRES
13.464
Parcel Address: 3425 FM 1128
Legal Acres: 13.4640
Remit Stq No: 20228336
Receipt Date: 01/31)2012
Deposit Date: 02101/2012
Priat Date: 01/31/2012
Tax Value Tac Rate Let} Paid PS1 Cull Fee Paid Total
1,480 0413)01 6.11 0.00 0.00 6.11
1,430 0.060000 0,89 0.00 0.00 0.89
1,480 1.419400 21.01 0,00 0.00 21.01
1,480 0.156000 2 31 000 0,00 2.31
1,430 0.685100 1014 000 0,00 10.14
640.46
50.00 S0.00
$40.46
ChceR Number(sl; PAYMENT TYPE: —
6809 Checks: 54045
Exemptions on this property:
OPEN SPACE 1-13-1
PAYER-
BULLARD MARILYN LOUISE
PO BOX 14
PEARLAND , TX 77588-0014
Total Applied: 540.45
Total Tendered: L10.46
(for accounts paid on 0131/2012)
Change Paid: $0,00
ACCOUNT PAID IN FULL
(979) 804-1320, (979) 388-1320, (281) 756.1320
21.1153
Ordinance No. 2000M-97
Exhibit "B"
Published Jan. 2, 2013
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION
NO. 2013-01Z
Notice is hereby given
that on January 21,
2013, 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,
at the request of Michael
Pollak, applicant, on
behalf of Marilyn Bullard,
owner, for approval of a
zone change from the
Single Family Resi-den-
tial-1 (R-1) zone to the
General Business (GB)
zone for 7.650 acres,
more specifically
described as:
All that certain 7.650
acres out of Section 16,
H.T. & B. R.R Company
Survey, Abstract No. 546
and being a portion of
that certain tracts
described in a deed
dated 04-11-2002 from
Edwin Hunter Harris, et
ux. to Marilyn Louise
Bullard as filed in the
Official Records of Real
Property of Brazoria
LEGALS
County at Clerk's File
No. 02-017799 and a
portion of that certain
tract as described in a
deed dated 12-17-1997
from Edwin Hunter
Harris, Sr. to Marilyn
Louise Bullard as filed in
the Official Records of
Brazoria County at
Clerk's File No. 97-
044957
General Location:
Northeast corner of
Magnolia and Manvel
Roads
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject. For addi-
tional information,
please contact the
Planning Department at
281-652-1768.
Harold Ellis
City Planner
Ordinance No. 2000M-97
Exhibit "0"
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
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 Brabaria, Harris and
alveston Counties, for issues, as follows:
No. Date 12 20 13
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
LAURA ANN EMMONS
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 009-2014
2/V211,01.3
day of
CFO
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Ordinance No. 2000M-97
Exhibit "D"
Planning & Zoning Commission
Recommendation Letter
January 24, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2013-01Z
Honorable Mayor and City Council Members:
At their meeting on January 21, 2013, the Planning and Zoning Commission considered
the following:
A request of Michael Pollak, applicant, on behalf of Marilyn Bullard, owner, for
approval of a zone change from the Single Family Residential -1 (R-1) zone to
the Neighborhood Service (NS) zone with overlaid CUP for Child Daycare Center
and restaurant with or without drive-thru for 7.650 acres on the following
described property:
LEGAL DESCRIPTION:
All that certain 7.650 acres out of Section 16, H.T. & B. R.R
Company Survey, Abstract No. 546 and being a portion of that certain tracts
described in a deed dated 04-11-2002 from Edwin Hunter Harris, et ux. to
Marilyn Louise Bullard as filed in the Official Records of Real Property of
Brazoria County at Clerk's File No. 02-017799 and a portion of that certain tract
as described in a deed dated 12-17-1997 from Edwin Hunter Harris, Sr. to
Marilyn Louise Bullard as filed in the Official Records of Brazoria County at
Clerk's File No. 97-044957
GENERAL LOCATION:
Northeast corner of Magnolia and Manvel Roads, Pearland, TX
Following staff presentation discussion ensued regarding potentially incompatible uses
which would be permitted in a General Business (GB) zone, the applicants original
request, particularly with nearby schools and residential development, as well as
discussion on zoning of nearby property, and the ability to zone the property
Neighborhood Service (NS) with an overlaid Conditional Use Permit (CUP) for a
Restaurant with or without a drive-thru and a Child Daycare Center. Discussion also
ensued regarding the intent of a retail node and the size guidelines of the different
types of nodes within the City.
Following this discussion, Commissioner Linda Cowles made a motion to approve the
zone change with a recommendation of neighborhood Service (NS) with an overlaid
Conditional Use Permit (CUP) for a Restaurant with or without a drive-thru and a Child
Daycare Center. The motion was seconded by Commissioner Ginger McFadden. The
vote was 7-0 and the motion passed.
Sincerely,
/
Harold Ellis, City Planner
On behalf of the Planning and Zoning Commission