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Ord. 509-772 04-25-05ORDINANCE NO. 509-772 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 0.43 ACRES OF LAND OUT OF PEARLAND TOWNSITE, LOTS 19, 20, 21, 22, 23, AND 24, BLOCK 32, AND LOTS 19A, 20A, 21A, 22A, 23A, AND 24A, BLOCK 32, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE NORTHEAST CORNER OF WALNUT STREET AND SAN ANTONIO AVENUE) (APPLICATION NO. 1224) FROM CLASSIFICATION MULTI- FAMILY DISTRICT (MF) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST OF WILLIAM E. MOODY, 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, William E. Moody, owner, filed on February 24, 2005, 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 21st day of March, 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 31th day of March, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by William E. Moody, owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Multi -Family District (MF) to 1 ORDINANCE NO. 509-772 Neighborhood Service District (NS); 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 April 11, 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 William E. Moody, 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 Multi -Family District (MF) is hereby zoned to Neighborhood Service District (NS), such property being more particularly described as: 0.43 acres of land out of Pearland Townsite, Lots 19, 20, 21,22, 23, and 24, Block 32, and Lots 19A, 20A, 21A, 22A, 23A, and 24A, Block 32, City of Pearland, Brazoria County, Texas (Generally Located at the Northeast Corner of Walnut Street and San Antonio Avenue) 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 2 ORDINANCE NO. 509-772 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. 509-772 PASSED, APPROVED, and ADOPTED on First Reading this 11th day of April , 2005. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day of Apri 1 , 2005. 4;e ATTEST: UNG Y S ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 PAID FEB 2 4 2005 APPLICATION FOR A CHANGE IN ZONING City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us Please check one: NSasks Er Change in Zoning Classification from: )41_ P,4 n, i to: Pruv,Orsc , (list current zoning) (list proposed zoning) Wi ❑ Specific Use Permit Request for : (list proposed use) mtis* wry'" Property Information: ADDaly / Address: L1-13D Si 43 0 2 tO4 / #iv r 5 c4 tf;r141 Zlzs.32Subdivision: C)1 -E/moo �i,�� s� .may J 6j 2,Z3l610 k: 5 2- 4�3v3 t Tax I.D. Number: = 7®Z moo' `,_ 2 0tl d7O26 t7 - l 0 400,5 ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): LU45 9" j'/i? Ehir iiR Future/proposed use of property and reason for zone change: /I4// 54004) l)iij PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME tU, IIl ibil £ j'4wQ.— NAME Jr ADDRESS C%7 S Al•-4000i 6 ADDRESS CITY A /, STATE'% ZIP 7 6 f CITY STATE ZIP PHONE(& I ) Y5 4 g l / PHONE( ) FAX( —02,O2 3 % 5 - FAX( ) E-MAIL ADDRESS VVI � f loov.y 6 ad. (NA- E-MAIL ADDRESS 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 agtkip I understand that I am fully responsible for the correctness of the legal description given. r - Owner's Signature: / Date: v1 f> Agent's Signature: Date: OFFICE USE ONLY: FEES PAID:____ °Z' RECEIVED BY: DATE PAID:-a4-®S APPLICATION NO. / a. LOCATION MAP Zone Change Application No. 1224 Owner/Applicant: William E. Moody Change: MF - NS W+E 0 100 200 Feet 11111 Pop, I as 4 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 , ^-Z 20 _ No Date 20 No Date 20 No Date 20 No. Date 20 L17119 President S.jbscribe and sworn to before me this day of Y11141 e' 200.. • • • •.• •.• •.• • • •.• • • • ,p • • •• h �. • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Published March 2 & March 9, 2005 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO. 1224 Notice is hereby given that on March 21- 2005,. at 630 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 William E. Moody, owner, for'an amendment to the Land Use -and .l rban Development Ordinance of said City from classification Multi -Family Distract (MP) to Neighborhood. `'Service" District (NS), on the follow- ing described; property, to wit: 0,43 acres. of land out of Pearland Towiisite, Lots 19, 20, 21,22, 23, and 24,'Block 32, and Lilts 19A, 20A, 21A, 22A, 23A, and 24A, Block 32, City of . Pearland, Brazoria County, Texas (Generally Located at the Northeast Corner of Walnut Street and San Antonio Avenue) 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 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 J" % 20 _O No Date 20 No Date 20 No Date 20 No. Date 20 1' President S.pbscribe and sworn to before me this id dayof /Ai/L) 20_ • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Published March 2 & March 9, 2005 NOTICE OF A JOINT PUBLICHEARING OF THE CITY COVRIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION No1224 Notice is herebygiven that on March 21, 2005, at.6:30 p.m., the City Council and Planning, and; Zoning Commission of the City of Portend, 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 William E. Moody, owner, for an amendment to the Land, Use and Urban Development Ordinance of said City from classification Multifamily District (MF) to Neighborhood Service District (NS), on the follow- ing described property, to wit 0.43 acres of land out of Pearland Townsite, Lots 19, 20, 21,22, 23,-and 24, 8lodc 32, and Lots 19A, 20A, 21A, 22A, 23A, and 24A, Block 32, City of Pearland, Brazoria County, Texas (Generally Located at the Northeast Comer of Walnut Street and San Antonio Avenue) 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 Planning & Zoning Commission Recommendation Letter March 31, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1224, a request by William E. Moody, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family District (MF) to Neighborhood Service District (NS) Honorable Mayor and City Council Members: At their regular meeting of March 21, 2005, the Planning and Zoning Commission considered the request for a zone change from Multi -Family District (MF) to Neighborhood Service District (NS) on the following property: Legal Description: 0.43 acres of land out of Pearland Townsite, Lots 19, 20, 21,22, 23, and 24, Block 32, and Lots 19A, 20A, 21A, 22A, 23A, and 24A, Block 32, City of Pearland, Brazoria County, Texas General Location: Generally Located at the Northeast Corner of Walnut Street and San Antonio Avenue Commission Member Dumont made a motion to recommend approval of the zone change request, which was seconded by Commission Member McWhorter. The motion to approve was passed 5 — 0. The zone change was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Recommendation Letter, 04/11/05 City Council Meeting, Zone Change Application No. 1224 Page 1 of 1 DRAFT MINUTES Excerpt from Minutes of 3/21/05 Joint Public Hearing E. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1224 A request by William E. Moody, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family District (MF) to Neighborhood Service District (NS), on the following described property, to wit: Legal Description: 0.43 acres of land out of Pearland Townsite, Lots 19, 20, 21,22, 23, and 24, Block 32, and Lots 19A, 20A, 21A, 22A, 23A, and 24A, Block 32, City of Pearland, Brazoria County, Texas; Generally Located at the Northeast Corner of Walnut Street and San Antonio Avenue Planning & Zoning Chairperson Ruby Sandarsread the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. The applicant, William E. Moody of 2517 S. San Antonio, Pearland, TX 77581, made a presentation. Mr. Moody is the owner of many properties in the area, and on that particular block. He has been working towards neighborhood improvement over the years by renovating houses. He cited the numerous small businesses located within this area, many of which have been located there for many years. He is proposing a day -spa facility to serve the neighborhood. There were no persons wishing to speak for or against the proposed request. There was no Council/Planning Commission/Staff discussion. ICI WM MOORE JARROD`rE & AMANDA M (2 LOTS BANK ONE NA TR (3 LOTS) GUNN EILEEN J (2 LOTS) OSAYANDE PATRICK & ESTHER (2 LOTS) - MEDEARIS DOROTHY & JAMES _ _I:_M11lila . _ P - MC CALLUM JERRY D I __ IPAMIME I TAME �a- :_ //IIMMO I III MC CALLUM JERRY D. KRUCKEBERG EDWARD ` 1 KRUCKEBERG.EDWARD, MASLAR ROSE MARY MASLAR ROSE MARY • NI A -, - II -- -- • ■ Min IN ■ III— • , IN WWII MN IN wow MI I •Mlblq11 MUM MN AM: -- 0 'MOODY WILLIAM E(7 LOTS) ACREE ROSALIE MILLER (7 LOTS) t ors orist i um` -an wan MOAN� NOWA -- mr NIIM— .t— NGUYEN HUNG H (4 LOTS) TALBOTrJONN DOUGLAS (2 LOTS), _ II, NGUYEN HUNG H (6;LOTS) SUBJECT -PROPERTY W4 • SEBASTAROL DR I I 200' NOTIFICATION LIMITS —W-PEAR ST— - CHANEY KEITH-E (3 LOTS): MEADE MYRTLEMASSEY 1 MEZA BENNY & GUADALUPE (3 LOTS)' LAVINE.JODIE & MELVIE (3 LOTS)'- LECLERE DIANA & OMAR RAMOS,(4 LOTS) PEARLANDMEMORIAL VFW-7109 (3 LOTS) OWNERSHIP MAP Zone Change Application No. 1224 Owner/Applicant: William E. Moody Change: MF - NS 0 100 200 Feet 11111 I W+E *all property owners may not be shown due to limited space on the map - see the Listing for a complete list of all property owners notified PROP ID OWNER R237162 R541186 R237138 R549987 R237138 R549987 R237155 R237118 R237155 R237118 R237138 R550040 R237118 R237151 R550039 R237120 R237151 R237121 R237157 R237152 R237136 R237157 R237152 R237140 R237122 R237143 R237140 R237139 R237136 R237143 R237140 R237136 MEDEARIS DOROTHY & JAMES MOODY WILLIAM E & AGATHA M ACREE ROSALIE MILLER MOORE JARROD E & AMANDA M AGREE ROSALIE MILLER MOORE JARROD E & AMANDA M BANK ONE NA TR CHANEY KEITH E BANK ONE NA TR CHANEY KEITH E ACREE ROSALIE MILLER MOODY WILLIAM E & AGATHA M CHANEY KEITH E KRUCKEBERG EDWARD & BARBARA MOODY WILLIAM ERNEST MEADE MYRTLE MASSEY KRUCKEBERG EDWARD & BARBARA HERNANDEZ TOMAS NGUYEN HUNG H MASLAR ROSE MARY MOODY WILLIAM ERNEST NGUYEN HUNG H MASLAR ROSE MARY LECLERE DIANA & OMAR RAMOS MEZA BENNY & GUADALUPE NGUYEN HUNG H LECLERE DIANA & OMAR RAMOS KREMLING DAVID L MOODY WILLIAM ERNEST NGUYEN HUNG H LECLERE DIANA & OMAR RAMOS MOODY WILLIAM ERNEST ZONE CHANGE APPLICATION NO. 1224 Property Owner Notification List ADDRESS 2817 MILLER RANCH RD STE 325 2517 SAN ANTONIO ST 2101 GALVESTON AVE 2527 S SAN ANTONIO AVE 2101 GALVESTON AVE 2527 S SAN ANTONIO AVE 3815 SOUTH WEST TEMPLE 3802 HOUSTON LAKE DR 3815 SOUTH WEST TEMPLE 3802 HOUSTON LAKE DR 2101 GALVESTON AVE 2517 SAN ANTONIO ST 3802 HOUSTON LAKE DR 2533 PEARLAND AVE 2517 SAN ANTONIO ST 2430 WASHINGTON ST 2533 PEARLAND AVE 2541 WASHINGTON ST 200 TIMBER GROVE PL 2537 PEARLAND AVE 2517 SAN ANTONIO ST 200 TIMBER GROVE PL 2537 PEARLAND AVE 2534 COUNTRY CLUB DR PO BOX 1824 200 TIMBER GROVE PL 2534 COUNTRY CLUB DR 1833 MAX RD 2517 SAN ANTONIO ST 200 TIMBER GROVE PL 2534 COUNTRY CLUB DR 2517 SAN ANTONIO ST CITY PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND SALT LAKE CITY PEARLAND SALT LAKE CITY PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND FRIENDSWOOD PEARLAND PEARLAND FRIENDSWOOD PEARLAND PEARLAND PEARLAND FRIENDSWOOD PEARLAND PEARLAND PEARLAND FRIENDSWOOD PEARLAND PEARLAND ST ZIP CODE LEGAL DESCRIPTION TX 77584-9722 PEARLAND, BLOCK 33, LOT 39-40 TX 77581-4037 PEARLAND, BLOCK 32, LOT 10-11 TX 77581-3423 PEARLAND, BLOCK 32, LOT 33T041 TX 77581 PEARLAND, BLOCK 32, LOT 12-13-14 TX 77581-3423 PEARLAND, BLOCK 32, LOT 33T041 TX 77581 PEARLAND, BLOCK 32, LOT 12-13-14 UT 84115 PEARLAND, BLOCK 33, LOT 35-36 TX 77581 PEARLAND, BLOCK 31, LOT 15-16-17-18 UT 84115 PEARLAND, BLOCK 33, LOT 35-36 TX 77581 PEARLAND, BLOCK 31, LOT 15-16-17-18 TX 77581-3423 PEARLAND, BLOCK 32, LOT 33T041 TX 77581-4037 PEARLAND, BLOCK 32, LOT 15-16 TX 77581 PEARLAND, BLOCK 31, LOT 15-16-17-18 TX 77581-4029 PEARLAND, BLOCK 33, LOT 17-18 TX 77581-407 PEARLAND, BLOCK 32, LOT 17-18 TX 77581-4044 PEARLAND, BLOCK 31, LOT 19 TX 77581-4029 PEARLAND, BLOCK 33, LOT 17-18 TX 77581-4045 PEARLAND, BLOCK 31, LOT 20-21 TX 77546-8411 PEARLAND, BLOCK 33, LOT 29-30 - TX 77581-4029 PEARLAND, BLOCK 33, LOT 19-20 TX 77581-4037 PEARLAND, BLOCK 32, LOT 19T024 W/2 TX 77546-8411 PEARLAND, BLOCK 33, LOT 29-30 TX 77581-4029 PEARLAND, BLOCK 33, LOT 19-20 TX 77581-5003 PEARLAND, BLOCK 32, LOT 25 THRU 29 TX 77588-1824 PEARLAND, BLOCK 31, LOT 22-23-24 TX 77546-8411 PEARLAND, BLOCK 33, LOT 21-22-23-24 TX 77581-5003 PEARLAND, BLOCK 32, LOT 25 THRU 29 TX 77581-7665 PEARLAND, BLOCK 32, LOT 19A-24A TX 77581-4037 PEARLAND, BLOCK 32, LOT 19T024 W/2 TX 77546-8411 PEARLAND, BLOCK 33, LOT 21-22-23-24 TX 77581-5003 PEARLAND, BLOCK 32, LOT 25 THRU 29 TX 77581-4037 PEARLAND, BLOCK 32, LOT 19T024 W/2 R237140 R237160 R237143 R166268 R166268 R237138 R541186 R237138 R237161 R237161 R237138 R237134 R237138 R550040 R237159 R237150 R237159 R237150 R237137 R550039 R237118 R237156 R237137 R237156 R237137 R543062 R237136 R237139 R237121 R543062 R237136 R237160 R237160 R237122 R237139 R237122 R237160 LECLERE DIANA & OMAR RAMOS NGUYEN HUNG H NGUYEN HUNG H PEARLAND MEMORIAL VFW-7109 PEARLAND MEMORIAL VFW-7109 ACREE ROSALIE MILLER MOODY WILLIAM E & AGATHA M ACREE ROSALIE MILLER OSAYANDE PATRICK & ESTHER OSAYANDE PATRICK & ESTHER ACREE ROSALIE MILLER MOODY WILLIAM ERNEST ACREE ROSALIE MILLER MOODY WILLIAM E & AGATHA M GUNN EILEEN J MC CALLUM JERRY D GUNN EILEEN J MC CALLUM JERRY D LAVINE JODIE & MELVIE MOODY WILLIAM ERNEST CHANEY KEITH E TALBOTT JOHN DOUGLAS & CECELIA LAVINE JODIE & MELVIE TALBOTT JOHN DOUGLAS & CECELIA LAVINE JODIE & MELVIE COPPINGER DOROTHY J MOODY WILLIAM ERNEST KREMLING DAVID L HERNANDEZ TOMAS COPPINGER DOROTHY J MOODY WILLIAM ERNEST NGUYEN HUNG H NGUYEN HUNG H MEZA BENNY & GUADALUPE KREMLING DAVID L MEZA BENNY & GUADALUPE NGUYEN HUNG H ZONE CHANGE APPLICATION NO. 1224 Property Owner Notification List 2534 COUNTRY CLUB DR 200 TIMBER GROVE PL 200 TIMBER GROVE PL PO BOX 849 PO BOX 849 2101 GALVESTON AVE 2517 SAN ANTONIO ST 2101 GALVESTON AVE PO BOX 3145 PO BOX 3145 2101 GALVESTON AVE 2517 SAN ANTONIO ST 2101 GALVESTON AVE 2517 SAN ANTONIO ST 2530 SAN ANTONIO ST 2529 PEARLAND AVE 2530 SAN ANTONIO ST 2529 PEARLAND AVE 2538 S WASHINGTON 2517 SAN ANTONIO ST 3802 HOUSTON LAKE DR 2534 SAN ANTONIO ST 2538 S WASHINGTON 2534 SAN ANTONIO ST 2538 S WASHINGTON 2109 RICHLAND ST 2517 SAN ANTONIO ST 1833 MAX RD 2541 WASHINGTON ST 2109 RICHLAND ST 2517 SAN ANTONIO ST 200 TIMBER GROVE PL 200 TIMBER GROVE PL PO BOX 1824 1833 MAX RD PO BOX 1824 200 TIMBER GROVE PL PEARLAND FRIENDSWOOD FRIENDSWOOD PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND CRP CHRISTI PEARLAND PEARLAND PEARLAND CRP CHRISTI PEARLAND FRIENDSWOOD FRIENDSWOOD PEARLAND PEARLAND PEARLAND FRIENDSWOOD TX 77581-5003 TX 77546-8411 TX 77546-8411 TX 77588-0849 TX 77588-0849 TX 77581-3423 TX 77581-4037 TX 77581-3423 TX 77588-3145 TX 77588-3145 TX 77581-3423 TX 77581-4037 TX 77581-3423 TX 77581-4037 TX 77581-4038 TX 77581-4029 TX 77581-4038 TX 77581-4029 TX 77581 TX 77581-4037 TX 77581 TX 77581-4038 TX 77581 TX 77581-4038 TX 77581 TX 78418-9212 TX 77581-4037 TX 77581-7665 TX 77581-4045 TX 78418-9212 TX 77581-4037 TX 77546-8411 TX 77546-8411 TX 77588-1824 TX 77581-7665 TX 77588-1824 TX 77546-8411 PEARLAND PEARLAND PEARLAND A0239 HT& A0239 HT& PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, PEARLAND, , BLOCK 32, LOT 25 THRU 29 , BLOCK 33, LOT 25-26-27-28 , BLOCK 33, LOT 21-22-23-24 B, TR 4A-4B, LOTS 1-1A-2-2A-3, ACRES 2.217 B, TR 4A-4B, LOTS 1-1A-2-2A-3, ACRES 2.217 , BLOCK 32, LOT 33T041 , BLOCK 32, LOT 10-11 , BLOCK 32, LOT 33T041 , BLOCK 33, LOT 37-38 , BLOCK 33, LOT 37-38 , BLOCK 32, LOT 33T041 , BLOCK 32, LOT 6 BLOCK 32, LOT 33T041 BLOCK 32, LOT 15-16 BLOCK 33, LOT 33-34 BLOCK 33, LOT 15-16 BLOCK 33, LOT 33-34 BLOCK 33, LOT 15-16 BLOCK 32, LOT 30-31-32 BLOCK 32, LOT 17-18 BLOCK 31, LOT 15-16-17-18 BLOCK 33, LOT 31-32 BLOCK 32, LOT 30-31-32 BLOCK 33, LOT 31-32 BLOCK 32, LOT 30-31-32 BLOCK 32, LOT 19A-24A BLOCK 32, LOT 19T024 W/2 BLOCK 32, LOT 19A-24A BLOCK 31, LOT 20-21 BLOCK 32, LOT 19A-24A BLOCK 32, LOT 19T024 W/2 BLOCK 33, LOT 25-26-27-28 BLOCK 33, LOT 25-26-27-28 BLOCK 31, LOT 22-23-24 BLOCK 32, LOT 19A-24A BLOCK 31, LOT 22-23-24 BLOCK 33, LOT 25-26-27-28 R237143 NGUYEN HUNG H R237139 KREMLING DAVID L R237136 MOODY WILLIAM ERNEST R166268 PEARLAND MEMORIAL VFW-7109 ZONE CHANGE APPLICATION NO. 1224 Property Owner Notification List 200 TIMBER GROVE PL 1833 MAX RD 2517 SAN ANTONIO ST PO BOX 849 FRIENDSWOOD PEARLAND PEARLAND PEARLAND r TX 77546-8411 PEARLAND, BLOCK 33, LOT 21-22-23-24 TX 77581-7665 PEARLAND, BLOCK 32, LOT 19A-24A TX 77581-4037 PEARLAND, BLOCK 32, LOT 19T024 W/2 TX 77588-0849 A0239 HT&B, TR 4A-4B, LOTS 1-1A-2-2A-3, ACRES 2.217 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF MARCH 21, 2005 Zone Change Application No. 1224 TO: City Council Planning and Zoning Commission SUBJECT: A request by William E. Moody, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Multi -Family District (MF) to Neighborhood Service District (NS) P. LEGAL 0.43 acres of land out of Pearland Townsite, Lots 19, 20, 2.1,22, DESCRIPTION: 23, and 24, Block 32, and Lots 19A, 20A, 21A, 22A, 23A, and 24A, Block 32, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Generally Located at the Northeast Corner of Walnut Street and San Antonio Avenue APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: March 21, 2005 City Council for First Reading: April 11, 2005 City Council for Second Reading: April 25, 2005 SUMMARY: The applicant is requesting a change in zoning on the subject property for neighborhood service uses. The subject property is currently developed with an existing structure. The applicant has indicated that they plan to utilize the subject property for a beauty shop and day spa, if the zone change is approved. Both of these uses are permitted within the NS district. ZCA No. 1224 Page 1 SURROUNDING ZONING AND LAND USES: Zoning North Multi -Family District (MF) South East Multi -Family District (MF) West Commercial District (C); Single Family Dwelling District (R-4) Multi -Family District (MF) Land Use Single family residence Single family residences within the Walnut Bend residential subdivision; VFW Hall Undeveloped tract Duplex or multi -family housing units CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting a NS zoning district. The minimum lot size for the NS district is 12,500 square feet and the minimum lot width is 100 feet. The subject property consists of 12 small lots, each of which does not meet these minimum requirements. However, the applicant will be responsible for submitting documentation to combine all 12 lots into one - lot for orie building site. Together, these lots meet the minimum lot size and lot width requirements, as the subject property is approximately 150 feet wide along San Antonio Street, 125 feet wide along Walnut Street, and approximately 19,000 square feet in size. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan recommends "Village District" uses for the subject property and all of the surrounding properties. The Comprehensive Pan further indicates that the appropriate zoning districts for village district uses are to be established at a future date as the subject property is evaluated. The Comprehensive Plan further indicates that the village district will encompass the old townsite, and should contain low and medium density residential uses, residential compatible retail, office, and service uses, and recreational, educational, cultural, and civic facilities. The Village District is intended as an area which will provide a traditional village with unique development standards that contrasts with other areas of the City, in order to maintain the historical significance of the old townsite. The current Old Townsite study is an effort to evolve the old townsite as a traditional, mixed -use, walkable downtown that creates a distinctive identity and sense of community for Pearland. The Village District is divided into four quadrants, and the subject property falls under the "neighborhood" quadrant. The "neighborhood" sector centers on existing and future residential and townhome development with connections to the park system and the "town center", which is to be located in the southeast quadrant. Because the proposed NS district provides for light retail and office uses that are considered to be compatible with surrounding residential land uses, Staff is of the opinion that the proposed zone change for NS conforms to the Comprehensive Plan and the Old Townsite Study. ZCA No. 1224 Page 2 CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on San Antonio Street, a local/residential street. The Thoroughfare Plan does not specify any improvements to San Antonio Street. The subject property also has frontage on Walnut Street, a major collector street with an ultimate right-of-way of 80 feet, that is to be widened in the future as necessary. The Old Townsite Study indicates that Walnut Street is to be a two-lane (maximum three lane) one-way street with parallel parking, sidewalks, street trees, lights, bump -outs, and pedestrian crossings. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: A 6 inch water main currently exists within San Antonio Avenue, and a 10 inch water main currently exists within Walnut Street. An 18 inch gravity main currently exists within Walnut Street, and a 6 inch sanitary sewer gravity main currently exists within the alley on the east side of the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The subject property is surrounded on three sides by multi -family residential zoning districts, and is largely developed with single family residential uses and duplex/multi-family units. Further to the west, at Pearland Avenue and Walnut Street, is a small tract zoned for commercial uses. Further to the east, at Sacramento Street and Walnut Street, is a small tract zoned for Neighborhood Service uses. Therefore, the proposed zoning for NS is consistent with existing development and zoning districts within the overall area. 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 NS, as proposed by the applicant, for the following reasons: 1. The proposed zone change provides for "Village District" uses as recommended by the Comprehensive Plan. 2. The proposed zone change is consistent with existing NS zoning districts within the overall area. ZCA No. 1224 Page 3 3. The proposed zone change for NS does not conflict with the ideas generated by the Old Townsite Study. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan ZCA No. 1224 Page 4 inNim rAfrei MOM ri r riw mow moms MOM ZONING MAP Zone Change Application No. 1224 Owner/Applicant: William E. Moody Change: MF - NS W+E 0 100 200 Feet 11111 OMNI ONOMMO SMOMMO UMW MOMS MOOMMO 1001110 MEM MOM OMNI MOM MOM MOM TAN= IMMO EWg=n-M MALL 1211wA. 111116"AS 11111.0411 M= IN will:411dr! Mimash &MU- MMIES MOM MOM MOM MIMS MOM MOM MOM MUM MOMMOM MOM MOM ONOMMO MOM MOM= MI NM MgPROPERTYMI MI —JIB MOM 7 Amon' ImMill AMIN 00.11111 ommONM immumm MOM milIMM mom= doom MOM' MOMOMM MEMO ammo NOM MIIMMEM MUM mo OMMIOMM MOM M ImM II 'mom MIMI OMNI Emma UMW ONOMMO OMMMOM ammo= MOM. MOM MOM -WWALNUT_ST-- FUTURE LAND USE PLAN Zone Change Application No. 1224 Owner/Applicant: William E. Moody Change: MF - NS w s 0 100 200 Feet litil I