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Ord. 509-760 02-28-05ORDINANCE NO. 509-760 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 LOT 1 AND 2, BLOCK 2, OF CREEKVIEW NO. 2, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2206 E. BROADWAY) (SPECIFIC USE PERMIT APPLICATION NO. 139) FROM CLASSIFICATION NEIGHBORHOOD SERVICE DISTRICT (NS) FOR A SPECIFIC USE PERMIT FOR AN UNSCHEDULED/NEW BUSINESS SERVICE USE, IN THE NEIGHBORHOOD SERVICE DISTRICT (NS(S)) AT THE REQUEST OF RICHARD LAUGHLIN, APPLICANT FOR VIRGIL GANT AND DEBORAH GANT — DBA CIRCLE PLAZA, OWNERS, 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, Richard Laughlin, applicant for Virgil Gant and Deborah Gant — DBA Circle Plaza, owners, filed on December 15, 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 17th day of January, 2005, 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 2nd day of February, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Richard Laughlin, applicant for Virgil 1 ORDINANCE NO. 509-760 Gant and Deborah Gant — DBA Circle Plaza, owners, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Neighborhood Service District (NS) to a Specific Use Permit for an Unscheduled/New Business Service Use, in the Neighborhood Service District (NS(S)); 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 February 14, 2005; 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 Richard Laughlin, applicant for Virgil Gant and Deborah Gant — DBA Circle Plaza, 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: The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Neighborhood Services District (NS) is hereby zoned to Neighborhood Services District with a Specific Use for an Unscheduled/New Business Service (NS(S)), such property being more particularly described as: Lot 1 and 2, Block 2, of Creekview No. 2, City of Pearland, Brazoria County, Texas (Located at 2206 E. Broadway) The Specific Use allows the property to used as a sign business that engages in digital printing of sign messages and incorporation of the same on to cut vinyl or 2 ORDINANCE NO. 509-760 similar materials, and prohibits the manufacturing of signs using paint materials or metal forming processes. 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. 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. 3 ORDINANCE NO. 509-760 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. PASSED, APPROVED, and ADOPTED on First Reading this _14tilday of February , 2005. ATTEST: 1,cs TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of February , 2005. TOM REID MAYOR 4 ORDINANCE NO. 509-760 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 5 APPLICATION FOR A CHANGE IN ZONING Please check one: City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com ❑ Change in Zoning Classification from: to: (list current zoning) (list proposed zoning) v7 Specific Use Permit Request for : /ease. .3.10 �' e- 3,44/ (list proposed use) s/6,u Property Information: Address: 22a C E. 3v0vaii Tax Account No. _ROOD • ®D/.r. C»vo Subdivision: C (Z. �(G 1// 41. 2 (Pea,' (Apo) Lot: 1- 2.- Block: 2 ** Attach a copy of the metes and bounds description, survey, or legal description** Current use of property / (type of structures on property): STe(to Cc�t"Y� +.7. - ( 774 i L.ZO 'r Future/proposed use of property and reason for zone change: civ)vrilli ec 'v7 Co i ft /fir o .5/L/V5/ /3/4iUNe /)r 30L.Aus as,'t.G-- D/4 r .( ,tn.rm0411.4) Cur 1/1iv 01/ /2 /,ufAw- Or //CPI c. t/,14-29/0 lrexa/Se s) PROPERTY OWNER NFOR ATION: APPLICANT INFORMATION: 5/G�Y•A+ 4/44-4Gr'cd ys NAME ,Dia,v, 4 a r�1�1 ` A'XLt` NAME etc,i4lown Ltuc/4 /'/ ADDRESS./1da )-(Wlkit c .. ADDRESV/T GJIwS&Pf CITY ✓. STATE TT( zir7-1 Ste/ CITY PfAi4AwD STATE TX ZIP 775g / r PHONE(2 ( ) -94 effacc j al •gig- • an/ PHONE(. -() 41Z $ 24f FAX( ) (FO1) • k2S-• O 4 FAX( ) E-MAIL ADDRESS RG tkL @ AOL•COIG( E-MAIL ADDRESS /2tc.b(-Aett,aAGcbl-4-1//0 58L• ht PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described/u 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 derstand that I am fully responsible for the correctness of the legal description given. Owner's Signature: Date: t2 (tsi-/04' Agent's Signature: Date: OFFICE USE ONLY: FEES PAID: RECEIVED (\ �) APPLICATION I / BY: �� t�l;(,i,14 �-r►4KI M B ER: lam- / - g ***APPLICATION IS CONSIDERED INCOMPLETE WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND THE APPLICATION FEE*** n DATE PAID: i � ) W/O u( Updated 10-29-04 4 SUBJECT PROPERTY �-"y LOCATION MAP Specific Use Permit Application No. 139 Owner/Applicant: Virgil Gant/Richard Laughlin Change: NS - NS(S) W E s 0 200 400 Feet i���i I I3q 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. / Date /a - a 9 20 a` No. Date 20 No. Date 20 No. Date 20 No. Date 20 Sibscribe and sworn to before me this 20 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 1' President day of 1- Laura Ann Emmons, Publisher Notary Public, State of Texas Published Dec. 29, 2004 and Jan. 5, 2005 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE • CITYOFPEARLAND, SPECIFIC USE PERMIT APPLICATION NO. 139 Notice is hereby given that on January 17, 2005, 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 Richard Laughlin, applicant for Virgil Gant and Deborah Gant — DBA Circle Plaza, owners, for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit for an Unscheduled/New Business Service Use, in the Neighborhood ' Service District (NS(S)), on the fol- lowing described property, to wit: Lot 1 and 2, Block 2, of Creekview No. 2, City of Pearland, Bfqzpria County, Texas (Locrata2206 E. Broadway) At said hearing all interest- ed parties, hall 'have the right and ;opportunity;to appear and be heard on the subject. /s/Theresa Grahmann Senior Planner AFFIDAVIT OF. PUBLICATION .The Pear.land 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 REPOR TER NEWS, a newspaper ofgeneral circulation in Brazoria, Harris &Galveston Counties, for issues, as follows: No. Date 20 'l1-S' No. Date 20 No. Date 20 No. Date No. Date ;Subscribe and sworn to before me this LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 m President 20 20 day of Laura Ann Emmons, Publisher' Notary Public, State of Texas Published Dec. 29, 2004 and Jan. 5, 2005 NOTICE OF A JOINT PUBUC HEARING OF THE CITY COUNCIL AND THE. PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS SPECIFIC USE PERMIT APPLICATION NO. 139 Notice is hereby given that on January 17, 2005, 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 Richard Laughlin, :applicant for Virgil Gant and Deborah Gant - DBA Circle Plaza, owners, for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit for an Unscheduled/New Business Service Use, in the Neighborhood Service District (NS(S)), on the fol- lowing described property, to wit: Lot 1 and 2, Block 2, of Creekview No. 2, City of Pearland, Brazoria County, Texas (Located at 2206 E. Broadway) 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 & Zoning Commission Recommendation Letter February 2, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Specific.Use Permit Application No. 139, a request by Richard Laughlin, applicant for Virgil Gant and Deborah Gant — DBA Circle Plaza, owners, for an amendment to the :Land Use and Urban Development Ordinance of said City for a Specific Use Permit for an Unscheduled/New Business Service Use, in the Neighborhood Service District (NS(S)), on the property Located at 2206 E. Broadway Honorable Mayor and City Council Members: At their regular meeting of January 17, 2005, the Planning and Zoning Commission considered the specific use permit request for a proposed sign company in the Neighborhood Service District (NS(S)), on the following property: Legal Description: Lot 1 and 2, Block 2, of Creekview No. 2, City of Pearland, Brazoria County, Texas Commission Member Greiner made a motion to approve the specific use permit, and Commission Member Ransom seconded the motion. The Commission stated that they want to be sure that no sign manufacturing occurs on site, and that the business will only conduct digital printing and painting. Staff stated that the Ordinance will be specific on the type of business that can be conducted on site. The motion to approve was passed by a vote of 6-0. Sincerely, Planning and Zoning Commission Recommendation Letter, 02/14/05 City Council Meeting, Zone Change Application SUP 139 Page 1 of 1 f 40/ `y V' 7 �/ / \:. v D UDLEY-LEON,.. k.. // x N '‘ IP JONES. PRICILLIA.' JONES 4^DAILEY MARK A$`LARKIN JUDITH J / Nam'/ - LIA , �-� �� HOLLMANN MAUD E , ® r ` PEARLAND MEDICAL CLINIC fj Illikk01%/ill4i1h11'Nt THOMPSON;EDWARD L C. MARY ANNI' f� ')LiS OTILIA .. �� '/ /< LOYD JIMMY& KATHY #4#4-Git * '":1/ DUDLEY LEON- BACA:LAURA, BRINKLEY CLAUDE H-JR KNIGHT GERARDO BENJAMIN-G SUBJECT PROPERTY_ EHLER,HENRY.0 - YBARRAINVESTMENTSINC YBARRA INVESTMENTS INC: / \ PROVENZANO DAVID`& SUZANNE_. 200' NOTIFICATION LIMITS; • • OWNERSHIP MAP Specific Use Permit Application No. 139 Owner/Applicant: Virgil Gant/Richard Laughlin Change: NS - NS(S) W+E 0 200 400 Feet TAX ACCOUNT OWNER 00700036000 00700036000 00700054000 00700026000 81280006000 00700022000 30000001000 81280022000 30000001000 30000002000 81280020000 30000015000 30000002110 30000015000 00700017000 30000016000 30000017000 30000018000 30000032000 30000032100 30000032110 DUDLEY LEON DUDLEY LEON LOYD JIMMY & KATHY DAILEY MARK A & LARKIN JUDITH HOLLMANN MAUD E EHLER HENRY C & PAMELA BOSTWICK JONES PRICILLIA & POWELL K PEARLAND MEDICAL CLINIC JV JONES PRICILLIA & POWELL K BACA LAURA THOMPSON EDWARD L & FREDERICA RICHARD LAUGHLIN GANT VIRGIL F & DEBORAH BRINKLEY CLAUDE H JR GANT VIRGIL F & DEBORAH YBARRA INVESTMENTS INC KNIGHT MARY ANN SOLIS OTILIA GERARDO BENJAMIN G YBARRA INVESTMENTS INC YBARRA INVESTMENTS INC PROVENZANO DAVID & SUZANNE SPECIFIC USE PERMIT APPLICATION NO. 139 Property Owner Notification List ADDRESS 3224 PATRICIA LN 3224 PATRICIA LN 3223 PATRICIA LN 3219 PATRICIA LN CITY PEARLAND PEARLAND PEARLAND PEARLAND 2111 ROLAND RUE ST PEARLAND 2213 BROADWAY ST STE B PEARLAND 2302 BROADWAY ST 1628 BEACONSHIRE RD 2302 BROADWAY ST 3404 W CIRCLE DR 2205 BROADWAY ST 2317 WINDSWEPT 2102 LIMRICK DR 3406 W CIRCLE DR 2102 LIMRICK DR 2601 UNDERWOOD RD 3403 W CIRCLE DR 3405 W CIRCLE DR 3407 W CIRCLE DR 2601 UNDERWOOD RD 2601 UNDERWOOD RD 2007 DEEPBROOK DR PEARLAND HOUSTON PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND LA PORTE PEARLAND PEARLAND PEARLAND LA PORTE LA PORTE PEARLAND ST ZIP CODE LEGAL DESCRIPTION TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX 77581-6410 77581-6410 77581-6409 77581-6409 77581-6415 77581-6403 77581-6406 77077-3847 77581-6406 77581-6108 77581-6403 77581 77581-5144 77581-6108 77581-5144 77571-9477 77581-6107 77581-6107 77581-6107 77571-9477 77571-9477 77581-6001 A0070 WDC HALL, TR 8A, LOT 2B1-2B2, ACRES 1.300 A0070 W D C HALL, TR 8A, LOT 2B1-2B2, ACRES 1.300 A0070 W D C HALL, TR 8A4, LOT 1, ACRES 0.650 A0070 W D C HALL, TR 2-3 TR 8A4, ACRES 0.980 VIE VILLA NO 1 (PEARLAND), BLOCK 1, LOT 6 A0070 W D C HALL, TR 8A4, LOT 2A, ACRES 0.390 CREEKVIEW NO 2 (PEARLAND), BLOCK 1, LOT 1-2 VIE VILLA NO 1 (PEARLAND), LOT 3 COMM RES CREEKVIEW NO 2 (PEARLAND), BLOCK 1, LOT 1-2 CREEKVIEW NO 2 (PEARLAND), BLOCK 1, LOT 3 VIE VILLA NO 1, LOT 1-2 COMM RES, ACRES 0.241 CREEKVIEW NO 2 (PEARLAND), BLOCK 2, LOT 1-2 CREEKVIEW NO 2 (PEARLAND), BLOCK 1, LOT 4 CREEKVIEW NO 2 (PEARLAND), BLOCK 2, LOT 1-2 A0070 W D C HALL, TR 8, CREEKVIEW, ACRES 1.290 CREEKVIEW NO 2 (PEARLAND), BLOCK 2, LOT 3 CREEKVIEW NO 2 (PEARLAND), BLOCK 2, LOT 4 CREEKVIEW NO 2 (PEARLAND), BLOCK 2, LOT 5 CREEKVIEW NO 2 (PEARLAND), BLOCK 4, LOT 1 CREEKVIEW NO 2 (PEARLAND), BLOCK 4, LOT 2 CREEKVIEW NO 2 (PEARLAND), BLOCK 4, LOT 3 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JANUARY 17, 2005 Specific Use Permit Application No. 139 TO: City Council Planning and Zoning Commission SUBJECT: LEGAL DESCRIPTION: GENERAL LOCATION: A request by Richard Laughlin, applicant for Virgil Gant and Deborah Gant — DBA Circle Plaza, owners, for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit for an Unscheduled/New Business Service Use, in the Neighborhood Service District (NS(S)) Lot 1 and 2, Block 2, of Creekview No. 2, City of Pearland, Brazoria County, Texas Located at 2206 E. Broadway APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: January 17, 2005 City Council for First Reading: February 14, 2005 City Council for Second Reading: February 28, 2005 SUMMARY: The applicant is requesting approval of a Specific Use Permit for an "Unscheduled/New Business Service Use" to be located in the Neighborhood Service District. An "unscheduled/new business service use" is a use that is not clearly defined in the Scheduled of Uses in the Land Use Ordinance. The subject property is currently zoned "NS" — Neighborhood Service District. The applicant's proposed use is a tenant in an existing retail center, that will produce signs, banners, and displays using digital printing, and no painting or metal forming is conducted on site. The proposed use could be classified as either a "sign manufacturing business", which is permitted only in the GB, C, M-1, and M-2 districts, or a "letter or copy shop", which is permitted in the OP, NS, GB, C, M-1, and M-2 districts. In order to clarify the proposed SUP No. 139 Page 1 rakrAlk JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JANUARY 17, 2005 use, Staff suggested that the use be considered as an unscheduled or unlisted use, and that the applicant proceed with a Specific Use Permit. SURROUNDING ZONING AND LAND USES: Zoning North Single Family Dwelling District (R-1); Neighborhood Service District (NS) South East West Single Family Dwelling District (R-1) Neighborhood Service District (NS) Neighborhood Service District (NS) Land Use Retail, office, and commercial uses Single family residence Retail, office, and commercial uses Retail, office, and commercial uses CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "Retail, Office, and Service" uses for the subject property and for the surrounding properties along Broadway Street. The Comprehensive Plan further indicates that the appropriate zoning districts for Retail, Office, and Service Uses are the Office and Professional District (OP), the Neighborhood Service District (NS), and the General Business District (GB). Therefore, the proposed specific use permit does not conflict with the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Broadway Street (FM 518), a major thoroughfare, and West Circle Drive, a local/residential street. No other roadways affect the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The proposed sign shop would be located within an existing retail strip center in a tenant lease space. The applicant has indicated that the sign business is mainly a printing business. Since the proposed sign shop does not do any on -site manufacturing, Staff is of the opinion that the proposed use would not be intrusive or have a negative impact on the subject property, the existing tenants in the retail center, or adjacent properties, and is consistent with existing development and zoning districts within the area. SUP No. 139 Page 2 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JANUARY 17, 2005 The applicant chose to ask for a Specific Use Permit rather than rezone the entire parcel to General Business District (GB), due to the adjacent areas along Broadway Street being zoned NS and because the setbacks for the NS district are different from the setbacks required for the GB district. The existing uses within the existing retail center conform to the NS district, and the only use in question is the proposed sign shop. 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 Specific Use Permit, as proposed by the applicant, for the following reasons: 1. The proposed Specific Use Permit does not conflict with the Comprehensive Plan designation of Retail, Office, and Service uses as recommended for the subject property. 2. The proposed Specific Use Permit provides for a sign shop that could be classified similar to a letter or copy shop, which is permitted in the NS district, but not as intensive as a Sign Manufacturing Business, as the applicant does not conduct any manufacturing on the site. 3. The proposed Specific Use Permit is consistent with existing NS zoning districts within the subject area. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan SUP No. 139 Page 3 ZONING MAP Specific Use Permit Application No. 139 Owner/Applicant: Virgil Gant/Richard Laughlin Change: NS - NS(S) 0 200 It'll w N s 400 Feet I FUTURE LAND USE PLAN Specific Use Permit Application No. 139 Owner/Applicant: Virgil Gant/Richard Laughlin Change: NS - NS(S) w N s 0 200 11[11 E 400 Feet I ;