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Ord. 509-782 06-13-05 FailedFailed 6/13/05 ORDINANCE NO. 509-782 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 LOTS 1, 2, 13, AND 14, BLOCK 2, OF CAS CON ACRES, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD, ON THE SOUTH SIDE OF WILLOW STREET, AND ON THE NORTH SIDE OF COTTONWOOD STREET) (APPLICATION NO. 1230) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST OF EDWARD M. POLKER, 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, Edward M. Polker, owner, filed on April 11, 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 16th day of May, 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 1st day of June, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Edward M. Polker, owner, whereby the 1 ORDINANCE NO. 509-782 Commission recommended denial 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 June 13, 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 Edward M. Polker, 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: Lots 1, 2, 13, and 14, Block 2, of Cas Con Acres, Abstract 509, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Harkey Road, on the South Side of Willow Street, and on the North Side of Cottonwood Street) 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. 509-782 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. 509-782 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this day of , 2005. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2005. ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 APPLICATION FOR A CHANGE IN ZONING Please eck one: Change in Zoning Classification from: to: �l% (list current zoning) (list proposed 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 ❑ Specific Use Permit Request for : (list proposed use) Property Information: �� Address: �� -9 c O l'�/%wo/ Subdivision: 006 eon Ac l"e A5O3 I4T kieLot: 1, 2, /3 J'J Block: 02- Tax I.D. Number: 50 -- 00 3 9- ©OO 63d-4Y) jJ` Q 00! J- 000 ('-a) ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): Future/proposed use of property and reason for zone change: PROPERTY OWNER INF RMATIO : APPLICANT INFORMATION: NAME 4-GY��!/7r1%77 �/21/0. NAME 7o ADDRESS c�O�J/� CITY -44 /' STATE/j- ZIP 7/57/ PHONE(73 ) 9/' FAX( 7/'7 ) S %l 52 9"U ADDRESS CITY STATE ZIP PHONE( ) FAX( E-MAIL ADDRESS 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 action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: f :p,o" t Date: L/-//ram Agent's Signature: Date: OFFICE USE ONLY: FEES PAID: t d 15'—' DATE PAID: 4 - / / - OS RECEIVED BY: APPLICATION NO. / .30 III III 11111 TERRELL DR LARRYCREST DR PATRIDGE DR Olt ! NOOVM WILLOW ST omi I i'� � OOD ST coTTONw SUBJECT PROPERTY ,I V 111111111111111111 • OANE PL 0 cn LOCATION MAP Zone Change Application No. 1230 W+E 0 200 !till 400 Feet Map Prepared on April 26, 2005 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties hpp. I, Randy Emmons, hereby certify that the notice hereby appended was published f" in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No 1' Date %/.' 27 20 _a_c__ No. Date 20 No. Date 20 No Date 20 No. Date 20 Stubscribe and sworn to before me this •fig • . • • • • •*...ra••...:..•• •• LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 j,t-r,-/ham-- President dajr of 414:/ Laura Ann Emmons, Publisher Notary Public, State of Texas Published April 27 and May 4, 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. 1230 Notice is hereby given that on May 16, 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 Edward M. Polker, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Neighbor- hood Service District (NS), on the following described property, to wit: Lots 1, 2, 13, and 14, Block 2, of Cas Con Acres, Abstract 509, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Harkey Road, on the South Side of Willow Street, and on the North Side of Cottonwood Street) 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 ,,„5-: y 20 CC No. Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 C5- day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published April 27 and May 4, 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. 1230 Notice is hereby given that on May 16, 2005, at 6:30 p.m., the City Council and Planning and Zoning LEGALS 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 Edward M. Polker, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Neighbor- hood Service District (NS), on the following described property, to wit: Lots 1, 2, 13, and 14, Bkx* 2, of Cas Con Acres, Abstract 509, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Harkey Road, on the South Side of Willow Street, and on the North Side of Cottonwood Street) 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 June 1, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1230, a request by Edward M. Polker, 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 May 16, 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: Lots 1, 2, 13, and 14, Block 2, of Cas Con Acres, Abstract 509, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Harkey Road, on the South Side of Willow Street, and on the North Side of Cottonwood Street Commission Member Greiner made a motion to recommend approval of the zone change request, which was seconded by Commission Member Ransom. The motion to approve failed 0 — 6. The zone change was recommended for denial by the Planning and Zoning Commission. The Planning and Zoning Commission stated the following as reasons for denial of this zone change application: 1. The proposed zone change for NS does not conform to the "Low Density Residential" land use designation as recommended by the Comprehensive Plan. Agenda Request 1230 Page 3 of 4 with warehouse and storage buildings. The applicant has indicated that they plan to construct office and retail uses on the subject property if the zone change is approved. The applicant submitted a zone change for the subject property for General Business District (GB), which was denied by the City Council on March 28, 2005. The Council did not indicate that a Neighborhood Service District (NS) would be acceptable for the subject property. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning & Zoning Commission considered this zone change request at their regular meeting of May 16, 2005. Commission Member Greiner made a motion to recommend approval of the zone change request, which was seconded by Commission Member Ransom. The motion to approve failed 0 — 6. The zone change was recommended for denial by the Planning and Zoning Commission. The Planning and Zoning Commission stated the following as reasons for denial of this zone change application: 1. The proposed zone change for NS does not conform to the "Low Density Residential" land use designation as recommended by the Comprehensive Plan. 2 The proposed zone change for NS is inconsistent and incompatible with existing R-1 residential districts and single family residential land uses within the subject area. 3. The proposed zone change for NS has the potential to cause negative impact on the surrounding residential land uses by introducing an increase in traffic, service vehicles, noise, as well as other impacts brought about by non-residential land uses. RECOMMENDED ACTION Consider the requested zone change. Due to the Planning and Zoning Commission recommendation of denial, a super majority vote of the Council will be required to approve the zone change to NS. Agenda Request 1230 Page 2 of 4 2. The proposed zone change for NS is inconsistent and incompatible with existing R-1 residential districts and single family residential land uses within the subject area. 3. The proposed zone change for NS has the potential to cause negative impact on the surrounding residential land uses by introducing an increase in traffic, service vehicles, noise, as well as other impacts brought about by non-residential land uses. Sincerely, Planning and Zoning Commission Agenda Request 1230 Page 4 of 4 2 -JERRYCREST DR- — — — — —II - 0 iiiiiiiiiiIiii CITY OF PEARLAND - - - - - - COOY.NORMA JOANN RANEY .. - CODYNORMA JOANNRANEY-I. - •,_----PA RIDGE -DR - MILLER FRANK 8� VICTORIA' LINARES ANTONIO _ II" •REBILLY&KAREN,RESA ,I CRUZ EUSEBI '�� ,I r , -I--.,PETERS•SANDRA; - - - � �IIIII4 il 200'.NOTIFICTIONLIMIT11i, .LLIAMSLINDA_SUBJECT%/,/ ii PROPERTY S',�' �� - - - �.�I ,,I jW UAMS ROBERT E- BAINS ELIZABETH' MILLER L I I i I �1 ������� �. I, ; ROSAS FROILAN HUGHES JOHN D& TRACEY A1111. i I I . I I I iv 1 I I - - I ROSAS FELIPE & EXIE ( SIMMONS PATRICK,H & DEBORA' - - - - - I `COCHRAN JOE B & KATHY C _ IIHAYNUNDA II 111 COCHRAN JOE B & KATHY C POSADAS JUAN F & SONIA`O LVALDEZ NOE & MAGDALENA _ GROV SNORT - . a III' . - oA� / m I GARCIA DAVID'& ANA M ESP.INOZA JOSS &TERESA ■ OWNERSHIP MAP N 0 200 400 Feet Zone Change Application W E l' 1► l No. 1230 S Map Prepared on April 26, 2005 PROP ID OWNER R196163 R196160 R177405 R541425 R196173 R196171 R196170 R546102 R177397 R196183 R196181 R196180 R552867 R247617 R196186 R196162 R196161 R196160 R541424 R553236 R247616 R536841 R196172 R196182 R544929 R177396 R196189 R492127 14196187 R196187 CRUZ EUSEBIO JR & WANDA G CODY NORMA JOANN RANEY GARCIA DAVID & ANA M CITY OF PEARLAND WILLIAMS LINDA PETERS SANDRA BRUMLEY RICK & EDDIE POLKER CITY OF PEARLAND ESPINOZA JOSE & TERESA WILLIAMS ROBERT E ROSAS FELIPE & EXIE BRUMLEY RICK & EDDIE POLKER CITY OF PEARLAND HUGHES JOHN D & TRACEY A POSADAS JUAN F & SONIA 0 HARE BILLY & KAREN MILLER FRANK & VICTORIA CODY NORMA JOANN RANEY CITY OF PEARLAND CITY OF PEARLAND SIMMONS PATRICK H & DEBORA LINARES ANTONIO ARREDONDO MARY LOUISE ROSAS FROILAN CITY OF PEARLAND BAINS ELIZABETH MILLER HAYNES LINDA VALDEZ NOE & MAGDALENA COCHRAN JOE B & KATHY C COCHRAN JOE B & KATHY C ZONE CHANGE APPLICATION NO. 1230 Property Owner Notification List ADDRESS 5921 WILLOW ST 6009 WILLOW ST 605 NEVADA ST 3519 LIBERTY DR 5925 COTTONWOOD ST 6006 WILLOW ST 6009 COTTONWOOD ST 3519 LIBERTY DR PO BOX 2551 CITY ST ZIP CODE LEGAL DESCRIPTION PEARLAND TX PEARLAND TX SOUTH HOUSTON TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX 4003 LONGHERRIDGE DR PEARLAND TX PO BOX 976 PEARLAND TX 6009 COTTONWOOD ST PEARLAND TX 3519 LIBERTY DR PEARLAND TX 2823 EVERETT DR FRIENDSWOOD TX 3003 GLENWOOD DR PEARLAND TX PO BOX 464 PEARLAND TX PO BOX 2234 PEARLAND TX 6009 WILLOW ST PEARLAND TX 3519 LIBERTY DR PEARLAND TX 3519 LIBERTY DR PEARLAND TX 3980 LARKSPUR ST ALVIN TX 1005 AVENUE J SOUTH HOUSTON TX 5934 WILLOW ST PEARLAND TX 5929 COTTONWOOD ST PEARLAND TX 3519 LIBERTY DR PEARLAND TX 3402 WINDSOR ST PEARLAND TX 5926 COTTONWOOD ST PEARLAND TX 6002 COTTONWOOD ST PEARLAND TX 6006 COTTONWOOD ST PEARLAND TX 6006 COTTONWOOD ST PEARLAND TX 77584-8337 77584-8339 77587-4952 77581-5416 77584-8307 77584-8338 77581 77581-5416 77588-2551 77581-6013 77588-0976 77581 77581-5416 77546-4786 77584-7690 77588-0464 77588-2234 77584-8339 77581-5416 77581-5416 77511-5033 77587-4715 77584-8336 77584-8307 77581-5416 77581-4850 77584-8306 77584-8308 77584-8308 77584-8308 CAS CON ACRES (A0509 H T & B R R), BLOCK 1, LOT 5 CAS CON ACRES (A0509 H T & B R R), BLOCK 1, LOT 1-2 A0546 H T & B R R, TRACT 9A3A A0546 H T & B R R, TRACT 9A3A1A CAS CON ACRES (A0509 H T & B R R), BLOCK 2, LOT 5 CAS CON ACRES (A0509 H T & B R R), BLOCK 2, LOT 3 CAS CON ACRES (A0509 H T & B R R), BLOCK 2, LOT 1-2 A0546 H T & B R R, TRACT 9H12A, ACRES .083 A0546 H T & B R R, TRACT 9Al2 TR F2, ACRES 0.587 CAS CON ACRES (A0509 H T & B R R), BLOCK 2, LOT 17 CAS CON ACRES (A0509 H T & B R R), BLOCK 2, LOT 15 CAS CON ACRES (A0509 H T & B R R), BLOCK 2, LOT 13-14 SHARONDALE (A0546 H T & B R R), LOT 2C1 SHARONDALE (A0546 H T & B R R), LOT 2C CAS CON ACRES (A0509 H T & B R R), BLOCK 3, LOT 4 CAS CON ACRES (A0509 H T & B R R), BLOCK 1, LOT 4 CAS CON ACRES (A0509 H T & B R R), BLOCK 1, LOT 3 CAS CON ACRES (A0509 H T & B R R), BLOCK 1, LOT 1-2 A0546 H T & B R R, TRACT 9A3A2 SHARONDALE (A0546 H T & B R R), LOT 2B1 SHARONDALE (A0546 H T & B R.R), LOT 2B A0546 H T & B R R, TRACT 9A3A1 CAS CON ACRES (A0509 H T & B R R), BLOCK 2, LOT 4 CAS CON ACRES (A0509 H T & B R R), BLOCK 2, LOT 16 G C SMITH A0546 H T & B R R, TRACT 9A13A, ACRES 0.075 G C SMITH A0546 H T & B R R, TRACT 9A13, ACRES 0.595 CAS CON ACRES (A0509 H T & B R R), BLOCK 3, LOT 5 (W/100') CAS CON ACRES (A0509 H T & B R R), BLOCK 3, LOT 3 CAS CON ACRES (A0509 H T & B R R), BLOCK 3, LOT 1-2 CAS CON ACRES (A0509 H T & B R R), BLOCK 3, LOT 1-2 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF MAY 16, 2005 Zone Change Application No. 1230 TO: City Council Planning and Zoning Commission SUBJECT: A request by Edward M. Polker, 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 Lots 1, 2, 13, and 14, Block 2, of Cas Con Acres, Abstract 509, DESCRIPTION: H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas GENERAL Generally Located on the East Side of Harkey Road, on the LOCATION: South, Side of Willow Street, and on the North Side of Cottonwood Street APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: May 16, 2005 City Council for First Reading: June 13, 2005 City Council for Second Reading: June 27, 2005 SUMMARY: The applicant is requesting a change in zoning on the subject property, approximately 2 acres, for neighborhood service district uses. The subject property was annexed into the City in 1997 and subsequently zoned SD. The subject property consists of 4 lots, the northern two of which are undeveloped, and the southern two lots are developed with warehouse and storage buildings. The applicant has indicated that they plan to construct office and retail uses on the subject property if the zone change is approved. ZCA No. 1230 Page 1 The applicant submitted a zone change for the subject property for General Business District (GB), which was discussed at the Public Hearing on February 21, 2005, and was subsequently denied by the Planning and Zoning Commission on February 21, 2005, and denied by the City Council on March 28, 2005. Neither the Commission nor the Council indicated that a Neighborhood Service District (NS) would be acceptable for the subject property. However, the applicant has resubmitted a zone change for the subject property for a Neighborhood Service District. SURROUNDING ZONING AND LAND USES: Zoning North Single Family Dwelling District (R-1) South Suburban Development_, District (SD) East Single Family Dwelling District (R-1); Suburban Development District (SD) West Suburban Development District (SD); Single Family Dwelling District (R-1); Estate Lot Single Family Dwelling District -Specific Use Permit (R-E(S)) Land Use Undeveloped tract Single family residence Single family residences Undeveloped tract; Single family residences; Proposed Day Care in the R-E tract in the existing building 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 four lots that comprise the subject property exceeds these minimum requirements. It appears that the applicant intends to develop the subject property as one building site. Therefore, the applicant may be responsible for submitting a subdivision plat to combine these lots into one lot for one building site. PLATTING STATUS: The subject property consists of 4 lots. A plat may need to be submitted and approved, combining all lots into one lot, prior to the issuance of a building permit. ZCA No. 1230 Page 2 CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "Low Density Residential" for the subject property and for all of the surrounding properties on Harkey Road, Willow Street, and Cottonwood Street. The Comprehensive Plan further indicates that the appropriate zoning districts for "Low Density Residential" are the Estate Lot Single Family Dwelling District (R- E) and the Single Family Dwelling District (R-1). Therefore, since the proposed zone change for NS provides for non-residential uses, the proposed zone change 'does not conform 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 subject property also has frontage on Cottonwood Street and Willow Street, which are both local/residential streets. The Thoroughfare Plan does not specify any improvements to Cottonwood Street nor Willow Street. 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. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: An 8 inch water main currently exists within Cottonwood Street, and a 16 inch water main currently exists within Harkey Road. An 8 inch sanitary sewer gravity main exists within Willow Street and Cottonwood Street, and a 36 inch gravity main exists within Harkey Road. Utility service will be reviewed as part of the application for a building permit. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The requested zone change to Neighborhood Service District has the potential to cause negative impacts on the surrounding properties and residential Tots within the subject area. The east/west streets intersecting Harkey Road, such as Terrell Drive, Sharondale Street, Cottonwood Street, and Willow Street, are largely developed with single family residences and many are zoned as R-1. Several of the SD lots are developed with either single family residences or mobile home residences. A large tract zoned for R-3 currently exists further to the north on Harkey Road, and is proposed to be developed as a future phase of a residential subdivision. Along the west side of Harkey Road, there are a couple of non-residential uses. A day care has been approved by a Specific Use Permit for the R-E zoned tract on the south side of Terrell Drive, and south of the day care tract is a septic system company (the septic system company is currently zoned SD and is a non -conforming use). ZCA No. 1230 Page 3 Introducing a NS tract within this largely residential area could have a negative impact on the surrounding residential lots as well as the neighborhood as a whole. The proposed NS uses will bring in additional traffic, business, and noise that is associated with a retail strip center. The NS district permits uses such as an automobile car wash, gasoline service station, new auto related use, a range of retail, office, and business uses. Upon the subject property, there currently exists several metal buildings used for warehousing and storage, and all are non -conforming uses. It is anticipated that, due to the largely residential area surrounding the subject property on all sides, that the'existing storage buildings will be removed and the subject property will transition to single family residential lots for the construction of individual single family residences. If the zone change for NS is approved, 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. The existing uses and buildings on the subject property are currently. classified as non- conforming uses, but they can continue to operate and exist as long as the use is not changed, enlarged, discontinued, or removed. In November of 2003, the property owner of two lots at the northeast corner of Harkey Road and Larrycrest Drive (two streets north of the subject 'property) submitted a zone change to Neighborhood Service District (NS),-and the intent was to redevelop an existing convenience store on that lot for neighborhood service district uses. That request was denied by the Planning and Zoning Commission, tabled by the City Council, and eventually withdrawn by the applicant, due to many of the same concerns mentioned here. 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 denial of the zone change for NS, as proposed by the applicant, for the following reasons: 1. The proposed zone change for NS does not conform to the "Low Density Residential" land use designation as recommended by the Comprehensive Plan. 2. The proposed zone change for NS is inconsistent and incompatible with existing R- 1 residential districts and single family residential land uses within the subject area. ZCA No. 1230 Page 4 3. The proposed zone change for NS has the potential to cause negative impact on the surrounding residential land uses by introducing an increase in traffic, service vehicles, noise, as well as other impacts brought about by non-residential land uses. 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. 1230 Page 5 1 - --TERRELL-DR- - - - --SHARONDALE-ST - - -----ilIlIiiiiiiii --- -PATRIDGE-DR---- .••• R WILLOW ST- - - - 1 R1111111 / IS MI WOOD-ST- _ _ _co�roN SU�BJECT IPROPE l 11111 iiMEE ZONING MAP Zone Change Application No. 1230 W s 0 200 400 Feet 1 1 1 1 1 1 Map Prepared on April 26, 2005 iiiilllllll.. rs :C -- — TERRELL-DR— — — — _— SHARONDALE—ST- — — — .,IEF RYCREST_DRR—= _LARRYCREST -P—ATRIDGE DR—_ 11111111111111 PROPERTY —GROyES T= FUTURE LAND USE PLAN Zone Change Application No. 1230 W s 0 200 400 Feet lit i I Map Prepared on April 26, 2005