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Ord. 509-743 11-08-04ORDINANCE NO. 509-743 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 BEING 1.00 ACRE TRACT OUT OF THE NORTH 1/2 OF LOT 22, ALLISON- RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 81, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 300, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2, PAGE 98, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FUTURE BROADWAY STREET (COUNTY ROAD 92), AND ON THE EAST SIDE OF GLOSSON ROAD) (APPLICATION NO. 1193) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF MELINDA ROSINSKI, APPLICANT FOR WILLIAM C. WALSH, 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, Melinda Rosinski, applicant for William C. Walsh, owner, filed on August 26, 2004, 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 day of October, 2004, 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 27th day of October, 2004, the Planning and Zoning Commission of the City submitted its report and recommendation to, the City Council regarding the proposed amendment application by Melinda Rosinski, applicant for William C. Walsh, owner, whereby the Commission recommended approval of the 1 ORDINANCE NO. 509-743 change of classification for the described property 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 November 8, 2004; 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 Melinda Rosinski, applicant for William C. Walsh, 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 zoned to General Business District (GB), such property being more particularly described as: 1.00 acre tract out of the North 1/2 of Lot 22, Allison -Richey Gulf Coast Home Company Subdivision, Section 81, H.T. & B.R.R. Company Survey, Abstract 300, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2, Page 98, of the Plat Records of Brazoria County, Texas (Generally Located on the South Side of Future Broadway Street (County Road 92), and on the East Side of Glosson Road) II. The City Council of the City of Pearland finds and determines that the recitations 2 ORDINANCE NO. 509-743 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. 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. 3 ORDINANCE NO. 509-743 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 8th day of November , 2004. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day of November , 2004. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 APPLICATION FOR A CHANGE IN ZONING Please check one: Change in Zoning Classification from: S D to: (list current zoning) City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us (list proposed zoning) Specific Use Permit Request for : (list proposed use) Property Information: Address: a�►�1 G \©�S�n, Subdivision: qn TraL j Tax I.D. Number:__________________9 CS -or-) ) l X 7 75 V"- Lot: CC Block: ** 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: 9r)rte .1 PROPERTY OWNER INFORMATION: j, NAME �,� \ \' l a • V\l/. I SI ADD SS O o X -7 /P D CITY STATE ZIP 5 • • PHONE(aL) 4s-d -�y" p ) �� — -11— I a - �l tq 0 E-MAIL ADDRESS fl cC� - none - h6fase, octro Jeqeitc us es � APPLICANT/AGENT INFORMATION: NAME Mel Jrc R(E ADDRESS 46 CAJJ lc CITY Peet (ta STATE 1 X ZIP 7 7 PHONE( L ) 770 - at+o3 FAX( \ ) - E-MAIL ADDRESS +-6-' X S Yi 16 IU InO . e 'rn 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 )m fully responsible for the correctness of the legal description given. ' �' �- — 2. Owner's Signature: Date: �� l Agent's Signature: �!���/�-�L Date: ' / 17/ Uy OFFICE USE ONLY: 1 00 FEES PAID: 'o(17 RECEIVED BY: Vv DATE PAID: APPLICATION NO. II6/3 LOCATION MAP Zone Change Application No. 1193 Owner/Applicant: William Walsh/Melinda Rosinski Change: SD - GB 0 200 400 Feet I���I I AFFIDAVIT OF PUBLICATION The Pearla.nd 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 follows: No. i Date / - 4 20.& K No. Date 20 No. Date 20 No. Date 20 - No. Date 20 Pre sident Subscribe and sworn to before me this /d day of ••*000 •••. •••••••••••* • •e• ••••••• • • • • • • • • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 L"ura Ann Emmons, Publisher. Notary Public, State of Texas Published Sept. 29 & Oct. 6, 2004 [NOTICE OF A JOIPIT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE . APPLICATION N01193 Notice is hereby given that on October 18, 2004, 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, 3519 Liberty Drive, Pearland, Texas, on the request of Melinda Rosinski,; applicant for William C. Walsh, 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: 1.00 acre tract out of the North 1/2 of; Lot 22, Allison- Richey Gulf Coast Home LEGALS Company Subdivision,` Section 81, H.T. &-B.R.R. Company Survey, Abstract 300, Brazoria County; Texas, according to the map or plat thereof record- ed in Volume 2, Page 98, of the Plat Records of Brazoria County, Texas (Generally Located on the South Side of Future Broadway Street (County Road 92), and on the East Side of Glossop Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. is/Theresa Grahmann Senior Planner AFFIDAVIT OF PUBLICATION The Pearla.nd 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 1 issues, as follos: No. ) Date 9- 2.,1 20 60y 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 Commission Expires 09-09-2006 • . day of6". Laura Ann Emmons, Publisher Notary Public, State of Texas lE 13 Published Sept. 29 & Oct. 6, 2004 NOTICE,. OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO.1193 Notice is hereby given that on October 18, 2004, at 6:3G 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, 3519 Liberty Drive, Pearland, Texas, on the request of Melinda Rosinski, applicant for Wisiam C. Walsh, 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: 1.00 acre tract out of the North 1/2 of Lot 22, Allison - Richey Gulf Coast Home Company Subdivisions Section 81, H.T. & B.R.R. Company Survey, Abstract 300, Brazoria County, Texas, according to the map or plat thereof record- ed in Volume 2, Page 98, of the Plat Records of Brazoria County, Texas (Generally Located on the South Side of Future Broadway Street (County Road 92), and on the East Side of Glosson Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/Theresa Grahmann Senior Planner Planning & Zonin Commission City of Pearland November 1, 2004 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1193, for the property generally located on the south side of Future Broadway Street (CR 92) and on the east side of Glosson Road Honorable Mayor and Council Members: At their regular meeting of October 18, 2004 the Planning and Zoning Commission considered the request for a zone classification change from Suburban Development District (SD) to General Business District (GB), on the following property: Legal Description: 1.00 acre tract out of the North 1/2 of Lot 22, Allison Richey Gulf Coast Home Company Subdivision, Section 81, H.T.&B.R.R. Company Survey, Abstract 300, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2, Page 98, of the Plat Records of Brazoria County, Texas (generally located on the south side of Future Broadway Street (CR 92) and on the east side of Glosson Road) Commissioner Ransom made a motion to approve, and Commissioner Greiner seconded. Motion to approve passed 5-0. Sincerely, Planning and Zoning Commission and cc: William C. Walsh (owner), P.O. Box 760, Pearland, TX 77588 Melinda Rosinski (applicant), 6220 Gardenia, Pearland, TX JOINT PUBLIC HEARING AGENDA ITEM MEETING OF OCTOBER 18, 2004 ZONE CHANGE APPLICATION NO. 1193 Existing Zoning: Suburban Development District (SD) Requested Zoning: General Business District (GB) Location or Address of Property: Generally Located on the South Side of Future Broadway Street (County Road 92), and on the East Side of Glosson Road Property Owner: William C. Walsh Applicant: Melinda Rosinski SUMMARY: The applicant is requesting a change in zoning on the subject property for general business district uses. The subject property was annexed into the City in 1996 and subsequently zoned SD. . The subject property is currently undeveloped. The applicant has indicated that they plan to construct a general business use on the subject property if the zone change is approved. SURROUNDING ZONING AND LAND USES: Zoning North General Business District Vacant land; vacated buildings (GB) South Land Use Suburban Development Undeveloped tracts District (SD) Zone Change Application No. 1193 Page 1 East Suburban District (SD) West Suburban District (SD) JOINT PUBLIC HEARING AGENDA ITEM MEETING OF OCTOBER 18, 2004 Development Development Undeveloped tracts Undeveloped tracts CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting a GB zoning district. The minimum lot size for the GB district is 22,500 square feet and the minimum lot width is 150 feet. The subject property meets the lot size requirement as the lot is 1 acre in size. The subject property does not meet the lot width requirement of 150 feet as the subject property is only 126 feet in width along Glosson Road. However, the subject tract and the GB tract to the north are currently owned by the same party, and both lots will need to be platted together as one development in order to meet the requirements of the GB district. The applicant will be responsible for complying with all other space limitations of the GB zoning district, such as yard setback requirements. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "Business Park" for the eastern half of the subject property and for the properties to the east. The Comprehensive Plan further indicates that the appropriate zoning district for Business Park is a new zoning district, one that will be created as part of the Unified Development Code. Appropriate uses for the Business Park area are campus or light industrial developments, office buildings, retail uses, and light manufacturing facilities. The Comprehensive Plan also indicates "Low Density Residential" for the western half of.: the subject property. The Comprehensive Plan further indicates that the appropriate zoning districts for Low Density Residential uses are the Estate Lot Single Family Dwelling District (R-E) and the Single Family Dwelling District (R-1). The land use lines shown on the Comprehensive Plan are not definite lines, but general guidelines showing the future land uses. Therefore, it can be interpreted that the Business Park designation should extend to Glosson Road. Glosson Road would serve as the separation between Business Park uses and Low Density Residential Uses. Therefore, it is Staff's opinion that the proposed zone change conforms to the Comprehensive Plan. Zone Change Application No. 1193 Page 2 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF OCTOBER 18, 2004 CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Glosson Road, a local street. The Thoroughfare Plan does not specify any improvements for Glosson Road. However, the applicant may be responsible for a right-of- way dedication for Glosson Road when the subject property is platted. The applicant may be responsible for providing a traffic impact analysis (TIA) for the subject property as it is platted for development, in order to determine the impact of the proposed development on existing and future roadways, as well as the location of drive approaches. The applicant may be responsible for completing any improvements indicated by the TIA. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The lot directly to the north of the subject tract is currently zoned for general business. The proposed general business district would be compatible with any future Business Park uses around the subject property. PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published in the local newspaper, and a Zoning Sign was placed on the subject property. STAFF RECOMMENDATION: Staff recommends approval of the zone change for GB, as proposed by the applicant, for the following reasons: 1. The proposed zone change provides for uses compatible with the Business Park recommendation in the Comprehensive Plan. 2. The proposed zone change is consistent with the adjacent existing general business district, and commercial zoning districts to the north of Broadway Street. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan Zone Change Application No. 1193 Page 3-- CITY OF PEARLAND 3523 Liberty Drive (Community Center), Pearland, Texas 77581 281-652-1742 FAX 281-652-1702 www.ci.pearland.tx.us ZONE CHANGE APPLICATION NO. 1193 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, REGARDING: A request by Melinda Rosinski, applicant for William C. Walsh, 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: 1.00 acre tract out of the North 1/2 of Lot 22, Allison -Richey Gulf Coast Home Company Subdivision, Section 81, H.T. & B.R.R. Company Survey, Abstract 300, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2, Page 98, of the Plat Records of Brazoria County, Texas (Generally Located on the South Side of Future Broadway Street ,(County Road 92), and on the East Side of Glosson Road) PUBLIC HEARINGS WILL BE HELD IN THE COUNCIL CHAMBER OF CITY HALL LOCATED AT 3519 Liberty Drive, Pearland, Texas on MONDAY, OCTOBER 18, 2004, AT 6:30 P.M. An application and map are enclosed for your information. This notice has been sent to all owners of real property within 200 feet of the request, as such ownership appears on the last approved city tax roll, in accordance with notification guidelines established by City Ordinance and State law. At said hearing, all interested parties shall have the right _and opportunity. to appear and be heard on the subject. If you are unable to attend, but wish to have your opinions made a part of the :public record, please complete the enclosed form and return it prior to the public hearing. If you have any questions or need additional information please contact the City of Pearland Planning Department at (281) 652-1742 or _ tgrahmann@ci.pearland.tx.us. �_ .—BROADWAY ST -_-. ._ WISE WILLIAM J -TR 20U' NOTIFICATION LIMITS OWNERSHIP MAP Zone Change Application No. 1193 Owner/Applicant: William Walsh/Melinda Rosinski Change: SD - GB 200 400 Feet 1 1 1 1 TAX ACCOUNT 03000016000 03000013110 03000009110 03000009000 03000009110 03000013110 OWNER WALSH WILLIAM C MARTIN PEYTON TRUSTEE WISE WILLIAM J TR%CHARLES KENNEDY JR MELINDA ROSINSKI WALSH WILLIAM C WISE WILLIAM J TR%CHARLES KENNEDY JR MARTIN PEYTON TRUSTEE ZONE CHANGE APPLICATION NO. 1193 Property Owner Notification List ADDRESS PO BOX 760 310 MORTON ST # 280 2764 BINGLE RD 6220 GARDENIA PO BOX 760 2764 BINGLE RD 310 MORTON ST # 280 CITY ST ZIP CODE LEGAL DESCRIPTION PEARLAND TX RICHMOND TX HOUSTON TX PEARLAND TX PEARLAND TX HOUSTON TX RICHMOND TX 77588-0760 77469-3119 77055-1135 77581 77588-0760 77055-1135 77469-3119 A0300 H T & B R R, TRACT 21, ACRES 5.000 A0300 HT&BRR, TR 2-3-11T015-23T025-31T035, ACRES 149.35 A0300 H T & B R R, TRACT 21A-22, ACRES 8.990 A0300 H T & B R R, TRACT 21A1, ACRES 1.000 A0300 H T & B R R, TRACT 21A-22, ACRES 8.990 A0300 HT&BRR, TR 2-3-11T015-23T025-31T035, ACRES 149.35 iij)". 402 744 it$ Am.= Jim*. 06§01 WW1 ;ma 11111111111 MININI11161 Will ".. on imaiiiidon owl ZONING MAP Zone Change Application No. 1193 Owner/Applicant: William Walsh/Melinda Rosinski Change: SD - GB W+E 0 200 400 Feet Iiii� I FUTURE LAND USE PLAN Zone Change Application No. 1193 Owner/Applicant: William Walsh/Melinda Rosinski Change: SD - GB 0 200 400 Feet lii�l I