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Ord. 2000CUP-108 2013-08-26 ORDINANCE NO. 2000M-108 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 2.00 ACRES OF LAND SITUATED IN THE C.J. HALL SURVEY, ABSTRACT NO. 215, IN BRAZORIA COUNTY, TEXAS; BEING A PART OF THAT SAME TRACT OF LAND DESIGNATED AS TRACT 8 AND DESCRIBED IN THE DEED OF LENNAR HOMES OF TEXAS, INC. RECORDED IN BRAZORIA COUNTY CLERKS FILE NO. 94-009151 , OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED AT THE NORTHWEST CORNER OF MCHARD RD. AND CULLEN BLVD., PEARLAND, TX) ZONE CHANGE 2013-13Z, A REQUEST OF KEITH SCHOONOVER OF LENNAR HOMES, APPLICANT FOR LENNAR HOMES OF TEXAS, INC., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY RESIDENTIAL - 3 (R-3) ZONE TO THE GENERAL BUSINESS (GB) ZONE, 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, Keith Schoonover of Lennar Homes, applicant for Lennar Homes of Texas, Inc., 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 - 3 (R-3) to General Business (GB); 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 15th day of July, 2013, 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 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 ORDINANCE NO. 2000M-108 LEGAL DESCRIPTION: BEING 2.00 ACRES OF LAND SITUATED IN THE C.J. HALL SURVEY, ABSTRACT NO. 215, IN BRAZORIA COUNTY, TEXAS; BEING A PART OF THAT SAME TRACT OF LAND DESIGNATED AS TRACT 8 AND DESCRIBED IN THE DEED OF LENNAR HOMES OF TEXAS, INC. RECORDED IN BRAZORIA COUNTY CLERKS FILE NO. 94-009151 , OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS. GENERAL LOCATION: NORTHWEST CORNER OF MCHARD RD. AND CULLEN BLVD., PEARLAND, TX 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 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. Page 3 of 4 Ord. No 2000M-108 ORDINANCE NO. 2000M-108 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 12th day of August, 2013. J rz,, TOM REID MAYOR ATTEST: , QAo, YO A G LO I eg , T�' C f'' . gym=•CI •% SEC TARY ="` _ PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of August, 2013. c: DO-rd ---?--" TOM REID MAYOR ATTEST: Y• NG Lit t FINc, /MC 1 i -M-i 1 x f Y SE( : TARY \\ `.: APPROVED AS TO FORM: (.... 4...4,-. are----.....—. DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord. No 2000M-108 Ordinance No. 2000M-108 Exhibit"A" ZONE CHANGE APPLICATION Page 1 of 4 Updated October 2012 City of Pear land APPLICATION FOR Community Development '4.C*Iti" 3523 Liberty Drive , tii J4t)..a A CHANGE IN ZONING Pea(Community Center) rland,Texas 77581 281-652-1768 it, 10 281-652-1702 fax www cityofpearland.com Current Zoning District:R-3 (from map current through Ord. 200M-99-25 Feb 2013 Proposed Zoning District: GB Property Information: Address or General Location of Property: Property is +2 .0 acres located at the northwest corner of the intersection of McHard Road and Cullen Rd Tax Account No. 164351 Subdivision: Lot: Block: A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: Lennar Hales of Texas Land and Construction,Ltd NAME successor by merger to Lamar Hanes of Texas, Inc NAME ADDRESS 550 Greens Pkwy , Ste 100 ADDRESS CITY Houston STATE Tx ZIP 7 7 0 6 7 CITY STATE ZIP PHONE( 281 ) 8 7 5-1 5 5 2 PHONE( FAX( 281 ) 8 7 2-4207 FAX( E-MAIL ADDRESSkeith. schoonoverWennar .comE-MAIL ADDRESS *Property owner must be the current owner of the property at the time of submittal of the application, and not the party that has the property under contract. As owner and applicant, I hereby r-e uest approval of the above described request as provided for by the Unified Developm t C de ip he City of Pearland. Owner's Signature: Date: 6Paifii Agent's/Applicant's Signature: Date: OFFICE USE ONLY: FEES n DpAAITDEy.3 13 RECEIN/ED RECEIPT 4 \ -) PAID: cp BY: NUMBER: I Application No. go\• -\„3 Al l� l� � l� �J �� � ��� �� �� �� �� �� � �� �� �� `� vw v~v v^� u� DEVELOPMENT COMPANY A Lennar Company June 4, 2013 City of Pear land Community Development 3523 Liberty Drive Pear|and. Texas 77581 Re. Letter of Intent for Zone Change Request ±2.0 Acre Lennar Property Intersection of Cullen Boulevard (FM 865) and Mc Hard Road (CR 106) To the City: Lennar Homes of Texas Land and Construction, L1d., DBA Friendswood Development Company ("FDC") requests a zone change for a property located at the northwest corner of Cullen Boulevard and Mc Hard Road. The property CProperty^) is ±2.0 acres with frontage on the southbound lanes of Cullen Boulevard and the westbound lanes of Mc Hard Road. FDC is the record owner of the Property ZONE CHANGE REQUEST: The current zoning for the Property is R-3, as demonstrated on the 'City ofPamr lend Zoning Districts" map dated February 25, 2013. By this |ettar. FDC requests the property be rezoned from R-3 to GB, to allow for permitted retail activities allowed in this zoning district, including the sale of motor fuels. JUSTIFICATION FOR ZONING CHANGE: • "The City OfPeor land Land Use FYan" (from Pear land's "Comprehensive Plan') identifies the intersection of Cullen Boulevard and McHard Road as a "Major Retail Node (50 acres)." Ao:mrding|y, our request to change from R-3 to GB is consistent with the Comp Plan and Peadend2O/2D. • The highest and best use for the Property is commercial and the most appropriate commercial Zoning District is GB. The newly-reconstructed major thoroughfares of Cullen Boulevard and Mc Hard will provide significant traffic to encourage commercial development, and provide services to the immediate area. • The developed Property (with improvements) would provide significant incremental real and personal property tax base for the City. 55OGrc,nc Parkway, Suite lOO. Houston, Texas 77O6r-4526 |38\-875'|5S2 phone \28\'872'42U7 fax| F,ienda°^o6Devc|np"`,"tcv,^ City of Pear land Community Development June 4, 2013 Page 2 • The property is currently undeveloped and is too small and too remote to be viable as a residential development PROPOSED USE FOR THE PROPERTY FDC plans to market the property for any permitted uses in the GB Zoning District However, the best and most obvious use for the property is for a convenience store and motor fuel station (typically referred to as a "C-Store"). Based on that market aamessrnent. FDC will actively market the property to companies involved in that business. Thank you for consideration of this Letter of Intent for Zoning Change Request. If you have questions or need further information, feel free to contact me at (281) 874-8502 or by email at kaith.suhoonover ( |ennar.corn. ) Sincerely, . / e � /�'' // � ' - � � -.' / ' Keith Schoonover Community Development Manager xES039s01 3 .. NOTES: 1. B.C.C.F. No. = BRAZORIA COUNTY CLERKS FILE NUMBER O.R.B.C.T. = DEER RECORDS OF BRAZORIA COUNTY TEXAS a a iti a3 O.R.B.C.T. 3 OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS I- z PROPOSED vl{.,_, 3. BEARINGS ARE BASED FROM THE WEST LINE OF TRACT 8 DESCRIBED IN 38.531 ACRE THE DEED RECORDED IN BRAZORIA COUNTY CLERKS FILE No. 94-0G9151, PARK is v OFFICIAL RECORDS OF BPAZORIA COUNTY, TEXAS AND FROM THE EAST - la s1. LINE OF THAT CERTAIN 62.0485 ACRE TRACT OF LAND DESCRIBED IN THE 0 0 DEED RECORDED IN BRAZORIA COUNTY CLERKS FILE No. 93-023280, SET 5/8" HUTf-ZOLLARS o z OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS. PLASTIC` CAPPED IRON ROD a 7 4. SEE ATTACHED SHEET FOR METES AND BOUNDS DESCRIPTION. R-2,929.20' L-1.42' • 5. THE RIGHT-OF-WAY OF CULLEN BOULEVARD SHOWN HERON IS BASED D-0001'40" FROM SURVEYS AND ELECTRONIC FILES PREPARED BY OTHERS FOR THE CITY OF PEARLAND. A MAP ENTITLED "RIGHT-OF-WAY MAP - WEST ROAO" DATED DECEMBER 29, 1936 OBTAINED FROM TXDOT DEPICTS A SET 5/8" HUITT-ZOLLARS 100-FOOT WMOE RIGHT-OF-WAY FOR CULLEN BOULEVARD. NO PLASTIC CAPPED IRON ROD DOCUMENTS OF RECORD HAVE BEEN FOUND FOR THE ACCEPTANCE, MAP STATES NOR RECORD OFOCONVEYANCE TOR CONDEMNATION COVERING 2.000 ACRES THIS RIGHT-OF-WAY. BRAZORIA COUNTY CLAIMS PRESCRIPTIVE TALE." �+ 6. THE RIGHT-OF-WAY OF PROPOSED MCHARD ROAD SHOWN HEREON IS DETAIL BASED FROM ELECTRONIC FILES PREPARED BY OTHERS FOR THE CITY OF NOT TO SCALE PEARLAND. 7. 5/8" H-Z 5/8" HUITT-ZOLLARS PLASTIC CAPPED IRON ROD. n! j6 j\'y"(��•/ ©ade GNAR L *,3UL ll t A=216 0 1 I► 20' TEXAS EASTERN TRANSMISSION EXIS77NGc100'oMOE a ./ �►- CORPORATION EA$EMEN` RIGHT-OF-WAY � "" .,.//( 0 r Tj�. VOL 88278, PG. 428 SEE NOTE No. 5 \�e.••..o..i'..�' D.R.B.C.T. � ,4;. G,ST � ';9�, 1 FOUND 5/8" NUITT-ZOLLARS SEE DETAIL j d a PLASTIC CAPPED IRON ROD ii a 1 1•oo.....eooe...aaaaorsoo.a ea ao•eoo. Y NB9'S 22"E STEVEN WILLIAM �..... N89'33'11"E � 10 RAO. PI,ca i.4?,, 4th t 9 �. `"� 308.95 !� Q S Ea. �`f�• St PROPOSED- RPROPOr-WAY R=2,929.20' '••.... .% d' r'' f DEDtCATAY L=255.12 �Q ;;;% -2-i ,, TRACT 8 f`/ D=04"59'25" '� S % ��- zi IENNAP HOMES r TEXAS INC. N ai 2.000 ACRES N ",,' B.C.C.F. NO. 94-009151 p N -\ ,t ru W ", O.R.B.C.T z S42"0 33.82' \, _ i -I il j 589'33'11"W '+� n /�' _ 295.53' / I ter / POINT OF BEGINNING 1 .--R=.2,914.20' If FOUND 5/8" HUITT-ZOLLARS- SET 5/8" HUITT-ZOLLARS ( L=168.79' PLASTIC CAPPED IRON ROD PLASTIC CAPPED IRON ROD fI 0=03'19'07" PROPOSED UCHARO ROAD S89'33'11"W 40.06'- SEE NOT No. 6 N61'05' .r 3281.14' • • ,D. • S89'32'07"W 3,403.00' N FOUND 5/8" HUITT-ZOLLARS FOUND 1" PIPE PLASTIC CAPPED IRON ROD 589'32 OrW IS.47'-til 40.427 ACRES POINT OF COMMENCING TO: CAROLYN WENGLAR VOL. 1748, PG. 168 D.R.8.C.T. FM.. DRAK SURVEY 200 100 0 200 ��= J(U� 1" = 200' 1 DATE: 05-28-08 A PART OF A 47.207 ACRE ` �^y j�� N0. REVISION DATE DRAWN BY: AYR TRACT OF LAND SITUATED IN FRIENDSWOOD DEVELOPMENT L_1.,J1.,ILlI�3 to REt1SE0 BOUNDARY II-11-o8 CHECKED BY: SEW COMPANY PROD. No 02-1016-03 THE C.J.HALL SURVEY, HUI TT•20LLARS. INC. MIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MEN ABSTRACT No.2Y5 1N 1500 5. DAIRY ASHFORD BRAZORIA COUNTY,TEXAS 550 GREENS PARKWAY, SLATE 100 61111E 200 (PROPOSED HOUSTON, TEXAS 77067-4526 PHONEO261498-0066 COMMERCIAL SITE) PH:261-874.8562 FAX: 227-672<4207 FAX 251-496.0220 _ SHEET: 3 of 3 K:\proj\survey\02101601\dwg\ COMMERCIAL SITE EXHIBIT.dwg Nov 11,2008-3:06 PM sigger60c!7 METES AND BOUNDS DESCRIPTION 2.000 ACRES OF LAND IN THE C.J. HALL SURVEY,ABSTRACT No. 215, IN BRAZORIA COUNTY,TEXAS (PROPOSED COMMERCIAL SITE) BEING 2.000 acres of land situated in the C. J. Hall Sunxay, Abstract No. 215, in Brazoria County, Texas; being a part of that same tract of land designated as Tract 8 and described in the deed to Lennmr Homes of Texas, Inc. recorded in Brazoria County Clerks File No. 94-009151. Official Records of Brazoria County, Texas, said 2.000 acre tract is described by metes and bounds as follows: COMMENCING at a point in Cullen Boulevard (FM 518, Old Chocolate Bayou Road) for the Southeast corner of said Tract 8, by deed call being the recognized and accepted Southeast corner of said C. J. Hall Survey, the Southwest corner of the W. T. Drake Survey, Abstract No. 187, on the North line of the F. B. Drake Survey, Abstract No. 506; THEN{}E, South 89 degrees 32 minutes 07 seconds West, along the South line of said Tract 8, 15.47 feet to a 5/8 inch Huitt-Zollars plastic capped iron rod on the West right-of- way|ineofCu|lenBmu|evondaareoognizedbythoCityofPeadand. oaidooppedinnnrod is lying on a non-tangent curve to the right whose radius is 2,914.20 feet and whose • radius point bears North 81 degrees 05 minutes 65 seconds East; THENCE, in a Northerly direction along the West right-of-way line of Cullen Boulevard and along said curve through a central angle of 03 degrees 19 minutes 07 seconds, 168.79 feet to a 5/8 inch Huitt-Zollars plastic capped iron rod; THENCE, South 89 degrees 33 minutes 11 seconds West, 40.06 feet to a 5/8 inch Huitt-Zollars plastic capped iron rod and the POINT OF BEGINNING of this tract herein described; THENCE, South 89 degrees 33 minutes 11 seconds West, 295.53 feet to a 5/8 inch Huitt-Zollars plastic capped iron rod; THENCE, North 00 degrees 26 minutes 49 seconds West, 279.77 feet to a 5/8 inch Huitt-Zollars plastic capped iron rod; THENCE, North 89 degrees 33 minutes 11 seconds East, 308.95 feet to a 5/8 inch Huitt- 3b}kara plastic capped iron rod on the proposed West right-of-way line of said Cullen Boulevard, said capped iron rod lying on a non-tangent curve to the left whose radius is 2,929.20 feet and whose radius point bears North 89 degrees 55 minutes 22 seconds East; THENCE, in a Southerly direction along the proposed Wes right-of-way line of Cullen Bou|avord, parallel to and 15 feet west of said existing West right-of-way line of Cullen Bpu|ovmrd, and along said curve through a central angle of 04 degrees 59 minutes 25 seconds, 255.12 feet to the POINT OF BEGINNING and containing 2.000 acres of land. 1 of Page • KAvnoj$vrveymc1mcm14Prop^aem Commercial numAv Bearings are based on the Wes line of said Tract 8 described in the deed recorded in Brazoria County Clerks File No. 94-009151, Official Records of Brazoria County, Texas, and the East line of said 62.0485 acre tract of land described in the deed recorded in Brazoria County Clerks File No. 93-023280, Official Records of Brazoria County, Texas; This description was prepared in conjunction with surveys made on the ground in June and July of 2005, February and May 2008, and with a survey drawing dated May 28, 2008 and last revised November 11, 2008 Revised November 11. 2UO8 By Huitt-Zollars _ _...fr<:-.7:- .. OF 2-k. „ ////- ,67 - W't:-.E.,„ ,!.9. 6ze-, | - Page 2 of 3 x:\projksuwovTc1o/so1x"m»^seu Commercial uny.doc ZONE CHANGE APPLICATION Page 4 of 4 Updated October 2012) 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 within 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 REQUEST1 Contact City of Pear land 281-652-1768 *Signs must be professionally made; handwritten signs are not allowed. *Signs must be freestanding and cannot be attar attaclyI to a tree, fence, or building. , , , M t t F \it., µms, . / f ♦ t< iA✓' i� 'y �t� y�•�r ci,,,,, 4 -.......,,,,,,,,,,,‘%. , .. \ . . ........... : .., ------8 y . i } 1 t ri.I:lopr CID u ; Ellielli * .. aye - .._......Or 4 'red ynn .. 4 p,/ J§ i. . ,, '' ' . .. ., i< ,! . , . . . F °� T 4tt (...) . .,q ..., \ pp eT gill4 rk''',1 5 ' i '; ',, 1 'r .4111 1 ' i i *NO F', itil l' „ .,,-.,,,.--<-' - ':', ;, .- — PO = 'P' F' I ,r.,, brl.. YYY as - - , , , , ,,,,... _ „. ,____ .,,,, ,., 1 . 1 5 ,,,„ :. „..,. , , o 4 ....,..,,, 4 t-,..,.. iii. , ... :, . , -,.., -.,.- , .... f ',. -`, - -- --;-:: ' ,',' , ... .. ',,- ,:lam )111.1.4 0 . 1 (...) ti...4 4 C ,( I ° o a > M ( HilL '''.2-2: _ 4 Or N Eaoca� a -2: -.) X 0 ci 15 0 46 Si4kry ......r.j Z ._E -0 I oQ ° a� 1 cu w (1i �C C +=() c a� cu - .o _ O O O C as °-' -°aa o o _ N N Z ca 1- E 2 _ as 0 -,\ -\- -- , N ` ' • • L AM)id N311110 I ' i I." cZ 7 \‘, \ c? w s 14,,,, Ordinance No 2000M-108 " Exhibit "0" Zoning n Pa nin g & Commission Recommendation Letter July 16, 2013 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change 2013-13Z Honorable Mayor and City Council Members: At their meeting on July 15, 2013, the Planning and Zoning Commission considered the following: A request of Keith Schoonover of Lennar Homes, applicant for Lennar Homes of Texas, Inc., owner, for approval of a zone change from the Single Family Residential (R-3) zone to the General Business (GB) zone on the following described property: LEGAL DESCRIPTION: Being 2.00 acres of land situated in the C.J. Hall Survey, Abstract No. 215, in Brazoria County, Texas; being a part of that same tract of land designated as Tract 8 and described in the deed of Lennar Homes of Texas, Inc. recorded in Brazoria County Clerks File No. 94-009151, Official Records of Brazoria County, Texas. GENERAL LOCATION: Northwest corner of McHard Rd. and Cullen Blvd., Pearland, TX. Following staff presentation, Vice-Chairperson Matthew Hanks made the motion to approve. The motion was seconded by Commissioner Elizabeth McLane. The vote was 6-0 and the motion passed. Sincerely, Ian Clowes, Planner II On behalf of the Planning and Zoning Commission