Ord. 509-744 11-08-04 FailedFAILED - November 8, 2004
ORDINANCE NO. 509-744
AN ORDINANCE OF THE CITY COUNCIL OF E LAND HE USCITY OEFAND URBAN
PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509,
DEVELOPMENT ORDINANCE OF THE CITYOF
OF CERTAIN TEXAS,R FOR
THE PURPOSE OF CHANGING THE CLASSIFICATION
PROPERTY LOCATION BEING 0.34 ACRE CS` OF POFEARLANDOBRAZORIA
CATED IN
THE W.D.C. HALL SURVEY, ABSTRACT 70,I
COUNTY, TEXAS (GENERALLY LOCATED SOUTH OF BRNOW Y STRE4) ET
(FM 518), AND WEST OF LIBERTY DRIVE)(APPLICATION
M
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-4) TO
COMMERCIAL DISTRICT (C) AT THE LLOCUEST OF OWNER, PROVIN DING G ANDORAN
VANE
ARCHITECTS, APPLICANT FOR DONYA
AMENDMENT OF THE LAND USE DISTRICTAN EFFECTI OE TAINING A SAVINGS
DATE AND OTHER
CLAUSE, A SEVERABILITY CLAUSE,
PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Osborn and Vane Architects, applicant for Donya LLC, owner, filed
on August 27, 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 Osborn and Vane Architects,
applicant for Donya LLC, owner, whereby the Commission recommended denial of the
change of classification for the described property from its existing classification of
1
ORDINANCE NO. 509-744
Single Family Dwelling District (R-4) to Commercial District (C); 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 Osborn and Vane Architects, applicant for Donya LLC, 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 Single Family Dwelling District (R-4)
is hereby zoned to Commercial District (C), such property being more particularly
described as:
0.34 acre tract of land located in the W.D.C. Hall Survey,
o Broadwstract ay City
of
Pearland, Brazoria County, Texas (Generally Located South
(FM 518), and West of Liberty Drive)
Il.
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
2
ORDINANCE NO. 509-744
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.
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
3
ORDINANCE NO. 509-744
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2004.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of , 2004.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
FAX NO. : 281 484 8800
Aug. 25 2004 10: d Hm
FROM : SILK ROAD PROPERTIES
f—/E
Please check one:
74 Change in Zoning Classification from:
Specific Use Permit Request for :
Property Information: ���
a U-t (oC' Nr,
�'!�- UCP"fj5'fL2:�T Block:
Ahet
APPLICATION FOR
A CHANGE IN ZONING
^' `Q O:
(list current zoning)
(list proposed use)
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281.652-1639
281-652-1702fax
WYw,ci,pearlartd ,tx.us
(M p proposed zoning)
Address:
Sub
Tax l.D. Number:
** ed property, attach a copy of the metes and bounds description"
For unplatt
Current use of property,
(type of structures on property):
Proposed use of property:
V-
APPLICANT/AGENT INFORMATI N>ei�
PROPERTY OWNER INFORMATION: NAME �� - i� ,� 5-C�.�h
�� ADDRESS `'�
STATE --ZIP—
ctTY Z,
RHON�IE� g � 3�.
FAX c( AD �512,o vi a Oda .Gc�vt4
E-MAIL ADDRESS
NAME
ADDRESS
CITY STATEZIP
PHONE(—)
FAX(.. �
E-MAIL ADDRESS
e Cityof Pearland for approval of the above described
petition the of Pearland. l
i hereby p upon which 1 have
request
PETITION: As owner/agent, byt, laws of the State of Texas and ion of the property City of the
request as provided for by the responsible for the correctness which
i to the above
ofa mchecked knowledge that d stand that lam fully
certify
requested the above action.
Date:
pate:
DATE PAID: g
APPLICATION NO•
legal description given.
Owner's Signature:
Agent's Signature:
OFFICE USE ONLY:
EE5 PAID:
RECEIVED BY:
LOCATION MAP
Zone Change Application No. 1194
Owner/Applicant: Donya LLC/Osborn & Vane Architects
Change: R-4 - C 0 200 400 Feet
11 1 1 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 1 issues, as follows:
No. ) Date /- 2.4/ 20 toy
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this gO
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of
Laura Ann Emmons, Publisher'
Notary Public, State of Texas
Published Sept. 29 & Oct. 6,
2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL
AND
THE PLANNING AND
ZONING COMMISSION OF
THE CITY OF PEARLARD,
TEXAS
ZONE CHANGE
APPUCATION NO. 1194
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
Osborn and Vane
Architects, applicant for
Donya LLC, owner, for an
amendment to the Land .
Use and Urban
Development Ordinance of
said City from classification
Single Family Dwelling
District (R-4) to Commercial
District (C), on the following
described property, to wit:
0.34 acre tract of land locat-
ed in the W.D.C. Hall
Survey, Abstract 70, City of
Pearland, Brazoria County,
Texas (Generally Located
South of Broadway Street
(FM 518), and West of
Liberty Drive)
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 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 follows:
No. i Date JO " 4 '
20
No. Date 20
No Date 20
No. Date 20
- No. Date 20
Subscribe and sworn to before me this
20�D
/'7
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••a••'•••'••:f••.•11♦•.•'•.►.0*••••••'• •.••
LAURA ANN EMMONS
Notary Public, State of Times
Commission Expires 09-09-2006
President
day of
L'''ura Ann Emmons, Publisher
Notary Public, State of Texas
App. Ott
cPubfished Sept. 29 & Oct. 6,
2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL
AND
THE PLANNING AND
ZONING, COMMISSION OF
THE CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPUCATION NO.1194
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
Osborn and Vane
Architects, applicant for
Donya LLC, owner, for 8n
amendment to the Land
Use and ` Urban
Development Ordinance of
said City from classification
Single Family Dwelling
District (R-4) to Commercial
District (C), on the following
described property, to wit:
0.34 acre tract of land locat-
ed in the W.D.C. Hall
Survey, Abstract 70, City of
Pearland, Brazoria County,
Texas (Generally Located
South of Broadway Street
(FM 518), and West of
Liberty Drive)
At said hearing all interest-
ed parties shall have the
LEGA!S
right and :opportunity to
appear and be heard on the
subject.
Is/Theresa Grahmann
Senior Planner
Planning & boning Commission
City of Pearland
November 1, 2004
Honorable Mayor and City Council Members
3 519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1194, for the property generally
located south of Broadway Street (FM 518) and west of Liberty Drive
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 Single Family Dwelling District (R-4) to
Commercial District (C), on the following property:
Legal Description: 0.34 acre tract ofland County,cated in the W.D.C. Texas (generally located south of
Hall Survey,
Abstract 70, City of Pearland, Brazoria y,
Broadway Street (FM 518) and west of Liberty Drive)
Commissioner Ransom made a motion to approve, aend n rCSandars1OWest andWest
McWhorter
seconded.
Commissioner Ransom voted for, and Commission
voted against.
Motion was failed 1-4 for the following reasons, which were also discussed by the
Commission:
1. The property does not meet the size requirements of the Commercial District.
2. Since the property does not meet the size requirements of h the the
Comher mercial
Diais rpiot, the
property would have to be platted to combine
Planning & Zoning Commission, Letter of Recommendation, Zone Change Application No. 1194
Page 1 of 2
the
directly adjacent to the subject property. There was concern
change.
should be
submitted first to address the size issues and then submitted for a zone
3. As discussed during the Joint Public He ring, the original discussed leaving the property
were for it to serve as a detention pond.The Commission
as R-4, and the applicant could apply for a Specific Use Permit for detention facilities.
Sincerely,
Planning and Zoning Commission
and
cc: Donya LLC (owner), 13630 Beamer #107, Houston, TX 77089
Osborn and Vane Architects (applicants), 2000 Bering Drive, Suite 410, Houston, TX 77057
Planning & Zoning Commission, Letter of Page
Recommendation, Zone Change Application No. 1194
2
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF OCTOBER 18, 2004
ZONE CHANGE
APPLICATION
NO. 1194
Existing Zoning: Single Family Dwelling District (R-4)
Requested Zoning: Commercial District (C)
Location or Address of Property: Generally Located South of Broadway Street
(FM 518), and West of Liberty Drive
Property Owner: Donya LLC
Applicant: Osborn and Vane Architects
SUMMARY: The applicant is requesting a change in zoning on the subject property for
commercial uses. The subject property is currently undeveloped. The applicant has
indicated that they plan to use the subject tract as part of the commercial development
occurring at the adjacent shopping center.
SURROUNDING ZONING AND LAND USES:
North
Zoning Land Use
General Business District . Veterinary Clinic
(GB)
South Single Family Dwelling District City of Pearland Library
(R-4)
East
Commercial District (C) . Shopping Center and Parking Lot
Zone Change Application No. 1194
Page
West
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF OCTOBER 18, 2004
General Business District Undeveloped land
(GB) and Single Family
Dwelling District (R-4)
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
applicant is requesting a C zoning district. The minimum lot size for the C district is 22,500
square feet and the minimum lot width is 150 feet. The subject property itself does not
meet these requirements; the subject property does not have street frontage. However,
the applicant has indicated that the subject property would be incorporated into the
development of the shopping center and parking lot. The applicant owns both the subject
property and the shopping center/parking lot property. The applicant will be responsible for
submitting a replat or an amending plat for the subject property and the adjacent property
to the east.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Retail, Office, and Services" and
"Public/Semi-Public" uses for the subject property. The Comprehensive Plan further
indicates that the appropriate zoning districts for Retail, Office, and Services are the
General Business District (GB), the Office and Professional District (OP), and the
Neighborhood Service District (NS), and the appropriate zoningdistricts for Public/Semi-
Public uses are "any zoning district."
The Comprehensive Plan indicates both uses mentioned above for the subject property.
The lines shown on the Comprehensive Plan to two separate recommended zoning
districts are not definite lines. It could be interpreted that the Public/Semi-Public uses
should only include the library, chamber building, and City Hall, and should not include the
existing commercial district which is developing as a parking lot. The City has sold the
subject property and the adjacent commercial tract to the applicant.
The proposed Commercial District does not conform to the recommended Retail, Office,
and Service uses shown on the Comprehensive Plan. However, the subject tract is located
adjacent to a Commercial tract with the same owner as the subject property. It is unlikely
that the subject property could be developed to its current residential zoning. "-
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has no
frontage on a street, but would be accessible from internal driveways within the shopping _._-
center, from Liberty Drive and Broadway Street.
Zone Change Application No. 1194 - Page 2 -
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF OCTOBER 18, 2004
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The lot directly to the east of the
subject tract and the tract at the corner of Broadway Street and Liberty Drive are zoned for
commercial uses. The subject property would be incorporated aspart of the commercial
tract.
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 C, as
proposed by the applicant, for the following reasons:
1. Although contrary to the Comprehensive Plan recommendation of Public/Semi-
Public uses, the subject property is no longer owned by the City and is owned by
and adjacent to the co,mmercial development at the intersection.
2. The proposed zone change is consistent with existing commercial uses and zoning
districts at this corner of the intersection, and is owned by the same party that owns
the shopping center and parking lot, and will be combined with the adjacent
shopping center and parking lot. .
3. The subject property is unlikely to be developed to its current zoning district of R-4.
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.-1194--
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. 1194
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 Osborn and Vane Architects, applicant for Donya LLC,
owner, for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Single Family Dwelling District
(R-4) to Commercial District (C), on the following described property, to
wit:
0.34 acre tract of land located in the W.D.C. Hall Survey, Abstract
'70, City of Pearland, Brazoria County, Texas (Generally Located
South of Broadway Street (FM 518), and West of Liberty Drive)
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 interestedparties 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.
200' NOTIFICATION
LIMITS
SUBJECT
PROPERTY
CITY.OE P_EARLAND
HARTSOOK DAVID L
CITYPEARLAND,
' CLAWS & PAWS
VETERINARY HOSPITAL PC
DONYA LLG_
DONYA LLC
CITY OFP-EARLAND
OWNERSHIP MAP
Zone Change Application No. 1194
Owner/Applicant: Donya LLC/Osborn & Vane Architects
Change: R-4 - C
0
200
400 Feet
TAX ACCOUNT
01980010131
01980010000
00700047180
00700047150
00700047160
00700047114
OWNER
HARTSOOK DAVID L
CITY OF PEARLAND
CLAWS & PAWS VETERINARY HOSPITAL
OSBORN & VANE ARCHITECTS
DONYA LLC
DONYA LLC
CITY OF PEARLAND
ZONE CHANGE APPLICATION NO. 1194
Property Owner Notification List
ADDRESS
PO BOX 1890
3519 LIBERTY DR
2556 BROADWAY ST
2000 BERING DR STE 410
13630 BEAMER RD STE 107
13630 BEAMER RD STE 107
3519 LIBERTY DR
CITY
PEARLAND
PEARLAND
PEARLAND
HOUSTON
HOUSTON
HOUSTON
PEARLAND
ST ZIP CODE
TX 77588-1890
TX 77581-5416
TX 77581-4904
TX 77057
TX 77089-6037
TX 77089-6037
TX 77581-5416
LEGAL DESCRIPTION
VICTORY PLAZA, A0198 T J GREEN, BL 1, TR 1, ACRES 0.87
A0198 T J GREEN (PEARLAND), TRACT 6F, ACRES 8.130
A0070 W D C HALL, TRACT 6J, ACRES 0.731
A0070 W D C HALL (PEARLAND), TRACT 6G, ACRES 0.730
A0070 W D C HALL (PEARLAND), TRACT 6H, ACRES 3.430
A0070 W D C HALL, TR 6M-6N (CALLED TR 2-5), ACRES 16.438
ZONING MAP
Zone Change Application No. 1194
Owner/Applicant: Donya LLC/Osborn & Vane Architects
Change: R-4 - C
w
0 200 400 Feet
III I I I
FUTURE LAND USE PLAN
Zone Change Application No. 1194
Owner/Applicant: Donya LLC/Osborn & Vane Architects
Change: R-4 - C
W+E
0 200 400 Feet
I