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Ord. 509-775 05-09-05ORDINANCE NO. 509-775 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 5.00 ACRES, BEING PART OF LOTS 78 AND 79, OF THE FIGLAND ORCHARD SUBDIVISION, ABSTRACT 240, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD, AND NORTH OF FITE ROAD) (APPLICATION NO. 1213) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST OF JACK MCGUFF, JR., AIA, APPLICANT FOR MASSOUD MOTAMEDI, 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, Jack McGuff, Jr., AIA, applicant for Massoud Motamedi, owner, filed on January 20, 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 February, 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 15th day of April, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Jack McGuff, Jr., AIA, applicant for Massoud 1 ORDINANCE NO. 509-775 Motamedi, owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Suburban Development District (SD) to 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 25, 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 Jack McGuff, Jr., AIA, applicant for Massoud Motamedi, 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 Neighborhood Service District (NS), such property being more particularly described as: 5.00 acres, being part of Lots 78 and 79, of the Figland Orchard Subdivision, Abstract 240, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Harkey Road, and North of Fite Road) 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 2 ORDINANCE NO. 509-775 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. 509-775 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 25th day of April , 2005. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9th day of ATTEST: UNG TY S ' ETARY May APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY , 2005. 4 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: [Change in Zoning Classification from: LD to: (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: Address: cQ96.5 /r C 2 /a s Lot: 7,S"',1 ? Block: Subdivision: h»d ©rGJ ') Tax I.D. Number: `/ -9 4iW -03/ - 000 99 -9 WOO -0/3/ - //C) ** For unplatted property, attach a copy of the metes and bounds description** (type Current use of prresperty � A (type of structures on property): Uac I�+at Future/proposed use of property and reason for zone change: Re -jai/ PROPERTY OWNER INFORMATION: NAME /(104:0064-1 co*e�' ADDRESS iq 2// yet ryPe% 6 /FA, CITY/As/` STATE�� ZIP_77aS2 PHONE(oZ ti'/ ) 1,94 - g„,2 FAX(0/1 /) , - �O f l E-MAIL ADDRESS 12 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 I-m fully responsible for the correctness of the legal description given. Owner's Signature: Agent's Signature: /17- P APPLIC NT INFORMATION:- NAME-Ac-k - 644fF J1t-r A. - ADDRESS 5O$ 6121:24ow ' 94t CITYf>EAgAt o STATE 1( ZIP��t8 I PHONE() _IP �2f» FAX( ) ) S J� D..) E-MAIL ADDRESS mC.9ti Sbc 0lo)4 . he.71' Date: 6" // Qa % - Date: 0i/2.0/ OFFICE USE ONL = : PA �' % �'7 c ` DATE PAID: CEIVED BY: APPLICATION NO. / /:3 LOCATION MAP Zone Change Application No. 1213 Owner/Applicant: Massoud Motamedi/Jack McGuff Change: SD - GB 0 200 400 Feet 11111 I N W+E s AFFIDAVIT OF PUBLICATION The Friendswood Reporter News P.O. Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and Brazoria Counties, for / issues, as follows: No. / Date 2 - / 20 0 .` No. Date 20 No Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 200f • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 !TMYnn7 day of & ‘• Laura inn Emmons, Publisher Notary Public, State of Texas Published Feb. 2 and Feb. 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. 1213 Notice is hereby given that on February 21, 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 Jack McGuff, Jr., AIA, appli- cant for Massoud Motamedi, 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 fo!•owing described property, to wit: 5.00 acres, being part of Lots 78 and 79, of the Figland Orchard Subdivision, Abstract 240, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Generally Located on the LEGALS East Side of Harkey Road, and North of Fite Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. fsfTheresa Grahmann Senior Planner AFFIDAVIT OF PUBLICATION � °13 The Pearland Reporter News 2404 South Park Pearland, Texas 77581 q.. 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 - - ,-- 20 OS - 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 of ��% Notary Public, State of Texas Published Feb. 2 and Feb. 9, 2005 NOTICE OF A JOINT PUBUC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPUCATION NO. 1213 Notice is hereby given that on February 21, 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Hams 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 Jack McGuff, Jr., AIA, appli- cant for Massoud Motamedi, 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: 5.00 acres, being part of Lots 78 and 79, of the Figland Orchard Subdivision, Abstract 240, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Harkey Road, and North of Fite 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 P1annin & Zoning Commission Recommendation Letter April 15, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1213, a request by Jack McGuff, Jr., AIA, applicant for Massoud Motamedi, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Neighborhood Service District (NS) Honorable Mayor and City Council Members: At their regular meeting of April 4, 2005, the Planning and Zoning Commission considered the request for a zone change from Suburban Development District (SD) to Neighborhood Service District (NS) on the following property: Legal Description: 5.00 acres, being part of Lots 78 and 79, of the Figland Orchard Subdivision, Abstract 240, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Harkey Road, and North of Fite Road Commission Member Ransom made a motion to recommend approval of the zone change request for NS, and it was seconded by Commission Member McWhorter. The Commission voted 5 — 0 to recommend approval of the zone change request. Sincerely, Planning and Zoning Commission Recommendation Letter, 04/25/05 City Council Meeting, Zone Change Application No. 1213 Page 1 of 1 CITY OF PEARLAND PLANNING & ZONING CONSIDERATION AND POSSIBLE ACTION BY THE PLANNING AND ZONING COMMISSION April 4, 2005 Regular Meeting SUBJECT: ,Zone Change Application No. 1213 A request by Jack McGuff, Jr., AIA, applicant for Massoud Motamedi, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Neighborhood Service District (NS) LEGAL 5.00 acres, being part of Lots 78 and 79, of the Figland Orchard DESCRIPTION: Subdivision, Abstract 240, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Generally Located on the East Side of Harkey Road, and North of Fite Road SUMMARY: The applicant submitted a zone change for the subject property, requesting a change in zoning from Suburban Development District (SD) to General Business District (GB), which was scheduled for a public hearing on February 21, 2005, and subsequent consideration by the Planning and Zoning Commission on February 21, 2005. The proposed zone change for GB was denied by the Planning and Zoning Commission due to the reasons listed later in this report. ZCA No. 1213REV Page 1 Based on the recommendation of the Commission at the February 21, 2005, meeting, the applicant has submitted a revised application and letter indicating that they are changing their request of GB to Neighborhood Service District (NS). Since a public hearing was already held for the subject property for a GB district, the City Attorney has indicated that another public hearing is not necessary. Therefore, the Planning and Zoning Commission may now consider the revised request for the NS district. PLANNING AND ZONING COMMISSION RECOMMENDATION AT THE FEBRUARY21, 2005, MEETING: The Planning & Zoning Commission considered this zone change request at their regular meeting of February 21, 2005. The motion to approve failed 0 — 6 and therefore, the Commission recommended denial. The Commission stated the reasons for denial as follows: 1. Tgie requested GB zoning district may be too intense for the subject area. Tie Commission believes that, due to the Neighborhood Service District to the east and the subject property being on the border between the Comprehensive Plan designation of .Residential and Business Commercial, the subject area should be viewed as a transition between residential and non-residential. Therefore, the applicant may want to consider requesting the zoning of the property as Neighborhood Service District (NS) or Office Professional District (OP). 2. The Commission also expressed concerns with the subject property possibly having access to Bardet Street. 3. The Commission also expressed concerns with safety and traffic due to the close proximity of the subject property to a school. Please refer to the attached Joint Public Hearing Report from February 21, and various other attachments for additional information regarding adjacent zoning, conformance to the Comprehensive Plan, etc. 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 for NS provides for "Business Commercial" uses as recommended by the Comprehensive Plan. Appropriate zoning districts for the Business Commercial uses include GB, NS, and OP. 2. The proposed zone change is consistent and compatible with existing NS and GB ZCA No. 1213REV Page 2 zoning districts and uses within the subject area. SUPPORTING DOCUMENTS: • Letter from Applicant Revising the Application to NS • Staff Report from the Joint Public Hearing of February 21, 2005 • Original Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan ZCA No. 1213REV Page 3 pro, . that the - • lo6ited'bi side Of HArkeylloq uid Orchard Subdivision, we • from the Plannir residential pro :Theresa Grahnann.. i;iiieir 7lat‘iii,_.. _ e-r;'1‘ .._. . ..-, -',..11,rnt4 And Zoning DOpaittnOnt City °Pe**1 RE : , :- --: Zpite, St timigo, Application No 1213 iithi no. :it --, f•i• gand 79_ - - • .. - s - .- ".... .1.-!.,,--. 7 '''. :.. 2,' : -7: ..:: ,' Plannings . . ,• ...:...-.7„,_,,,_1::,- ::.,,, tieatT4..is-ai,p;c.4.4. et10.:.-,....,,, : , 7 • :: ":- ,,,, , ,:, .: f,?.:.•-•„.'-f, .1"; r: 7:, : City r.".i.0.,,: :-,,,- „ -, : ‘7'-, :„....:_.•, ..‘,, : T.E, '',,,:i.",,,-,:>: - 4143 for 171.9PS: of the Fl . -• --,-. - ....,,:- • - - . ,..„ . , comprehensiveeserThratro4..s..: ..r.,- :Efate m("?rti, - 'es toward the recommendation the' iimlP.: ged T.- -- - --' e' apPrv-Y.. , -."-...." • pr. - . ,., - follow.,„ approval of, ., -..,",-,,. :•':- -,,_., --,- ,.-- , • • ' 7- 7:,".:-..;:',. _-•.6ipr.PS.,-, ---, ci ii-rirl9f---:,.-.- -aimillp.eLC1f-11 ' t° , - '• :,-:,-.7,23, ig:(141"9.a. comprehensive City cow!, ' .,. ; -: ' • ' '::::'•."'. ' S) W°111---,-- iiNita5r) 40. --..-- Therefore,plan.•.:......•. , dre.:64s!.. - - submit the • part which Co- Planning -04400..1:11 _ • - held on • request zoning -diSrthat the 1altetnat! -..Atthe cleY9 ifie.p.e!4. that itidnfrPIP,F7: • ". ch 17 2°°5 • • -, Fire Road ---46tamen -7:- ithe with 44. sem-fj,;•::, he* OsF46id: public liearing 6-7,- Our request to establisli zoning • business P regarding'urrent" City Fite g and Zoning thuiban t (SD) to of - -1661 Comniission, we :PeaT - request -rh .610.1i140. • -fthidkc4 gt,; • • .; 5208 BROADNi7:W #208:- 0.1EARI.:,ANb, 11111111111111 NMI SIM _■ • t O= NNW En 111I BONEFAS WILLIAM J & MARYANN T VALENTINE JOHN L.&'SHEILA J JOHNSTON H DESTATE' PENNINGTON`JACOUELINE D . PEIPELMAN KYLE C & CHERRY _, 1� II VASQUEZ FAMILY TRUST '`ri "VU JOSEI H H &FRANCES"J COWAN i ,. .II KENNETH D & SANDRA T 1, / %k, 4011 V J HERNANDEZ VICTOR A & NORMA A III PEARLAND ISD SUBJECT PROPERTY 200' NOTIFICATION LIMITS NALLJOSEPH LYNN &,JEANNIE I I I 111111111111111 1111111114011111 - KS PEARLAND EL ,GARZA ANDRE IL mil MP. h LODGE #2732�. PARTAIN ARTHUR A A PARTAIN ARTHUR A III PARTAIN ARTHUR A - III PARTAIN ARTHURA' I I II GOLFIS EVANGELOS G �u DEVIVEIROS MARIA 1 i 1 DE LA CRUZIRICARDO: -111 DEVIVEIROS'MARIA- GARZA CESAR CIRO 1 1 1 GARZA CESAR CIRO .GARZAMARIO ET UX= MARIA R OWNERSHIP MAP Zone Change Application No. 1213 Owner/Applicant: Massoud Motamedi/Jack McGuff Change: SD - GB 0 200 400 Feet TAX ACCOUNT OWNER 41000135000 41000130000 82432201003 82432201004 34110004000 34110005000 41000131110 82432002013 82432002012 34110007000 34110006000 41000131000 82432202005 41000129000 82432202006 41000128000 41000127000 82432002008 82432002007 41000128000 41000124120 41000124120 02410027110 41000124110 41000124000 41000125000 41000125110 PEARLAND ELKS LODGE #2732 JOHNSTON H D EST%MARGERY JOHNSTON BONEFAS WILLIAM J & MARYANN T VALENTINE JOHN L & SHEILA J PARTAIN ARTHUR A PARTAIN ARTHUR A PRESLER RAYMOND W PENNINGTON JACQUELINE D MASSOUD MOTAMEDI JACK MCGUFF PEIPELMAN KYLE C & CHERRY PARTAIN ARTHUR A PARTAIN ARTHUR A PRESLER RAYMOND W VASQUEZ FAMILY TRUST GOLFIS EVANGELOS G VU JOSEPH H & FRANCES J DEVIVEIROS MARIA DE LA CRUZ RICARDO COWAN KENNETH D & SANDRA T HERNANDEZ VICTOR A & NORMA A DEVIVEIROS MARIA GARZA CESAR CIRO GARZA CESAR CIRO PEARLANDISD GARZA MARIO ET UX GARZA MARIA R GARZA ANDRES JR NALL JOSEPH LYNN & JEANNIE ZONE CHANGE APPLICATION NO. 1213 Property Owner Notification List ADDRESS PO BOX 2251 2821 HARKEY RD 2727 W OAKS CIR E 2731 W OAKS CIR E 6806 BROADWAY ST 6806 BROADWAY ST 2905 HARKEY RD 2733 W OAKS CIR E CITY PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND 14311 HARVEST GLEN RD HOUSTON 5208 BROADWAY STE 208 PEARLAND 2735 W OAKS CIR E PEARLAND 6806 BROADWAY ST PEARLAND 6806 BROADWAY ST PEARLAND 2905 HARKEY RD PEARLAND 2737 W OAKS CIR E PEARLAND 2431 LAURA LN PEARLAND 2741 W OAKS CIR E PEARLAND 2431 LAURA LN PEARLAND 2519 PONDEROSA DR MISSION 4128 FERNWOOD DR HOUSTON 6102 W OAKS CIR S PEARLAND 2431 LAURA LN PEARLAND PO BOX 477 PEARLAND PO BOX 477 PEARLAND PO BOX 7 PEARLAND 2933 HARKEY RD PEARLAND 2849 HARKEY RD PEARLAND 2849 HARKEY RD PEARLAND PO BOX 1782 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 TX TX TX TX TX TX TX 77588-2251 77584-2958 77584-8033 77584-8033 77581-7736 77581.-7736 77584-2960 77584-8033 77062 77581 77584-8033 77581-7736 77581-7736 77584-2960 77584-8033 77581-5405 77584-8033 77581 78572-4709 77021-1526 77584-1068 77581 77588-0477 77588-0477 77588-0007 77584-2960 77584-2958 77584 77588-1782 FIGLAND ORCHARD (A0240 H T & B), LOT 80A, ACRES 3.000 FIGLAND ORCHARD (A0240 H T & B), LOT 79, ACRES 3.880 WEST OAKS 1 A0241 H T & B, BLOCK 1, LOT 3 WEST OAKS 1 A0241 H T & B, BLOCK 1, LOT 4 DETENBECK & BARNHART, LOT 4 DETENBECK & BARNHART, LOT 5 FIGLAND ORCHARD (A0240 H T & B), LOT 78-79, ACRES 2.500 WEST OAKS 1 A0241 H T & B, BLOCK 2, LOT 13 PROPERTY OWNER APPLICANT WEST OAKS 1, BLOCK 2, LOT 12 SEC TWO-B DETENBECK & BARNHART, LOT 7 DETENBECK & BARNHART, LOT 6 FIGLAND ORCHARD (A0240 H T & B), LOT 78 (PT), ACRES 2.500 WEST OAKS 1 A0241 H T & B, BLOCK 2, LOT 5 FIGLAND ORCHARD (A0240 H T & B), LOT 77, ACRES 1.500 WEST OAKS 1A0241 H T & B, BLOCK 2, LOT 6 FIGLAND ORCHARD (A0240 H T & B), LOT 77A-76, ACRES 4.979 FIGLAND ORCHARD (A0240 H T & B), LOT 77A1-78A, ACRES 1.960 WEST OAKS 1 A0241 H T & B, BLOCK 2, LOT 8 WEST OAKS 1 A0241 H T & B, BLOCK 2, LOT 7 FIGLAND ORCHARD (A0240 H T & B), LOT 77A-76, ACRES 4.979 FIGLAND ORCHARD (A0240 H T & B), LOT 76A-75A2, ACRES 0.530 FIGLAND ORCHARD (A0240 H T & B), LOT 76A-75A2, ACRES 0.530 A0241 H T & B R R, TRACT 3C, ACRES 12.120 FIGLAND ORCHARD (A0240 H T & B), LOT 75A3, ACRES 0.420 FIGLAND ORCHARD (A0240 H T & B), LOT 75A-75A4, ACRES 0.5214 FIGLAND ORCHARD (A0240 H T & B), LOT 75A1, ACRES .210 FIGLAND ORCHARD (A0240 H T & B), LOT 75A1A, ACRES 0.28 EXCERPTS OF JOINT PUBLIC HEARING MINUTES FEBRUARY 21, 2005, AT 6:30 P.M. The Public Hearing for Zone Change Application No. 1213 was called to order. A. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1213 A request by Jack McGuff, Jr., AIA, applicant for Massoud Motamedi, 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: Legal Description: 5.00 acres, being part of Lots 78 and 79, of the Figland Orchard Subdivision, Abstract 240, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County; Texas (generally located on the East Side of Harkey Road, and North of Fite Road) Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao presented the Staff Report. One Public Comment Form was received, in favor of the application. The applicant, Jack McGuff, made a presentation. Two persons presented to speak against the proposed zone change: Kyle Peipelman of 2735 West Oaks Circle East, Pearland, TX 77584 and Kenneth Cowan of 2743 West Oaks Circle East, Pearland, TX 77584. Reasons for speaking against included traffic, safety for children, peacefulness of subdivision, quality of life, and the uncertainty of future business if rezoned. There was brief discussion about whether residences existed on or around Josephine Street at the time of the Comprehensive Plan update. Josephine Street is predominately residential. The Public Hearing for Zone Change Application No. 1213 was adjourned at 8:15 pm. Minutes - JPH 02/21/05 Page 1 of 1 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF FEBRUARY 21, 2005 Zone Change Application No. 1213 TO: City Council Planning and Zoning Commission SUBJECT: A request by Jack McGuff, Jr., AIA, applicant for Massoud Motamedi, 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) „- LEGAL 5.00 acres, being part of Lots 78 and 79, of the Figland Orchard DESCRIPTION: Subdivision, Abstract 240, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Generally Located on the East Side of Harkey Road, and North of Fite Road APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: February 21, 2005 City Council for First Reading: March 21, 2005 City Council for Second Reading: March 28, 2005 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 1997 and subsequently zoned SD. The subject property is currently undeveloped. The applicant has indicated that they plan to construct general business and retail uses on the subject property if the zone change is approved. ZCA No. 1213 Page 1 SURROUNDING ZONING AND LAND USES: Zoning North Suburban Development District (SD) South Suburban Development District (SD) East General Business District (GB); Neighborhood Service District (NS) West Single Family Dwelling District Land Use Undeveloped tract; Single family residence Undeveloped tract Undeveloped tract Single family residences within the (R-3) West Oaks residential subdivision 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 consists of two lots. The northernmost lot does not meet the 150 foot lot width requirement for GB. However, both lots combined meet the requirements of the GB district with over 300 feet of frontage. The total land area is 5 acres. The applicant will be responsible for submitting a subdivision plat to combine both lots into one lot for one building site, or plat the property to meet the minimum requirements for GB. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "Business Commercial" for the subject property and for the surrounding properties on the north side of the subject property, between Harkey Road and Wagon Trail Road. The Comprehensive Plan further indicates that the appropriate zoning districts for "Business Commercial" are the Commercial District (C) and the General Business District (GB). Therefore, since the proposed zone change provides for general business and retail uses, the proposed zone change conforms to the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Harkey Road, a secondary thoroughfare with an ultimate right-of-way of 100 feet. The applicant may be required to dedicate right-of-way for Harkey Road when and if the subject property is platted, if adequate right-of-way does not exist for this roadway. ZCA No. 1213 Page 2 The subject property is also located on the west side of the dead-end of Bardet Street. Several lots along Bardet Street take access from Bardet Street. The Thoroughfare Plan does not indicate that Bardet Street will continue through the subject property to Harkey Road. No other roadways affect the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The proposed GB zoning district conforms to the Comprehensive Plan recommendation for business commercial uses. The smaller lots fronting onto Bardet Street are largely zoned GB and many are developed with warehouse facilities. A tract of land to the east is also zoned Neighborhood Service District (NS), and is proposed to be developed with office and retail uses. The applicant may be responsible for the submittal of a traffic impact analysis (TIA) in order to determine the impact of the proposed development on adjacent roadways and adjacent ,properties, as well as the locations of driveways. 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 wasplaced 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 for GB provides for "Business Commercial" uses as recommended by the Comprehensive Plan. 2. The proposed zone change is consistent and compatible with existing NS and GB zoning districts and uses 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 ZCA No. 1213 Page 3 (amb' (Eh ZONING MAP Zone Change Application No. 1213 Owner/Applicant: Massoud Motamedi/Jack McGuff Change: SD - NS 0 200 400 Feet 1 1 1 1 I w N FUTURE LAND USE PLAN Zone Change Application No. 1213 Owner/Applicant: Massoud Motamedi/Jack McGuff Change: SD - NS 0 200 400 Feet N W+E s