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Ord. 509-790 08-08-05
ORDINANCE NO. 509-790 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 9.6167 ACRES OF LAND BEING ALL OF LOT 2 IN BLOCK 21, AND 14.3755 ACRES OF LAND BEING ALL OF LOT 3 AND A PORTION OF LOT 4 IN BLOCK 20, AND 4.6323 ACRES BEING OUT OF AND A PORTION OF LOT 1 IN BLOCK 20 AND LOT 3 IN BLOCK 21, ALL SITUATED IN THE T.C.R.R. COMPANY SURVEY, SECTION 4, ABSTRACT 675, OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2, PAGE 99, OF THE BRAZORIA COUNTY MAP RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT THE NORTHWEST CORNER OF SH 288 AND FM 518 (BROADWAY STREET)) (ZONE CHANGE APPLICATION NO. 1234) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) AND OFFICE AND PROFESSIONAL DISTRICT (OP) TO COMMERCIAL DISTRICT (C) AND PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, INC., APPIeICANT FOR WCF DEVELOPMENT, LLC, 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, Kerry R. Gilbert and Associates, Inc., applicant for WCF Development, LLC, owner, filed on May 23, 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 20th day of June, 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 1 ORDINANCE NO. 509-790 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 18th day of July, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Kerry R. Gilbert and Associates, Inc., applicant for WCF Development, LLC, owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Suburban Development District (SD) and Office and Professional District (OP) to Commercial District (C) and Planned Unit Development District (PUD); 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 July 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 Kerry R. Gilbert and Associates, Inc., applicant for WCF Development, LLC, owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I . The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) and Office and Professional District (OP) is hereby zoned to Commercial District (C) and Planned Unit Development District (PUD), in accordance with all conditions and requirements listed in the Planned Unit Development (PUD) Document, also known as 2 ORDINANCE NO. 509-790 Exhibit "C" attached hereto and incorporated for all purposes, such property being more particularly described as: 9.6167 acres of land being all of Lot 2 in Block 21, and 14.3755 acres of land being all of Lot 3 and a portion of Lot 4 in Block 20, and 4.6323 acres being out of and a portion of Lot 1 in Block 20 and Lot 3 in Block 21, all situated in the T.C.R.R. Company Survey, Section 4, Abstract 675, of the Allison Richey Gulf Coast Home Company's Part of Suburban Gardens Subdivision, according to the plat thereof recorded in Volume 2, Page 99, of the Brazoria County Map Records, City of Pearland, Brazoria County, Texas (Generally Located at the Northwest Corner of SH 288 and FM 518 (Broadway 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 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. 3 ORDINANCE NO. 509-790 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. PASSED, APPROVED, and ADOPTED on First Reading this 25th day of July , 2005. ATTEST: TOM REID MAYOR 4 ORDINANCE NO. 509-790 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8th day of August , 2005. ATTEST: NG Y S CRETARY R C APPROVED AS TO FORM: CA••••"--- DARRIN M. COKER CITY ATTORNEY 5 TOM REID MAYOR 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: SD to: Commercial (list current zoning) (list proposed zoning) El Specific Use Permit Request for : (list proposed use) Property Information: Broadway and SH 288 (see attached exhibit) Address: Subdivision: Suburban Gardens Subdivision Tax Account No. 0675-0034-000 Lot: 2 Block: 21 ** Attach a copy of the metes and bounds description, survey, or legal description** Current use of property Agricultural - Cattle (type of structures on property): Future/proposed use of property and reason for zone change: Business Park > CovvIwterc t a% 7.e.„-f'a \ 1>a c'L. PROPERTY OWNER INFORMATION: WCF Development, L.L.C. NAME ADDRESS 1177 West Loop South, Suite 1670 CITY Houston STATE TX ZIP 77027 PHONE( 1 l 3 ) a9 3- 1 Z 3 FAX( -113) 0193- o\O3 E-MAIL ADDRESS wayne@WCFDevelopment.com APPLICANT INFORMATION: NAME Kerry R. Gilbert & Associates, Inc. L,i rs S ADDRESS 15810 Park Ten Place, Suite 160 C.11 `6 "E CITY Houston STATE TX ZIP 77084 PHONE( 26i91) c-%mil- O3(itd FAX( 20 1) 5'79 - Z l z E-MAIL ADDRESS landplan@krga.com 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 nderstand that,I arry fully responsible for the correctness of the legal description given. Owner's Signature: Agent's Signature: OFFICE USE ONLY: Date: 5/23/05 Date: -51205 FEES o } PAID: '/ 13 ***APPLICATION IS CONSIDER HOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND THE APPLICATION FEE*" Updated 10-29-04 DATE PAID: ;3/G5 RECEIVED BY: ED INCOMPLE IT APPLICATION NUMBER: e af APPLICATION FOR A CHANGE IN ZONING City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com Please check one: Change in Zoning Classification from: SD and OP to: Commercial (list current zoning) (list proposed zoning) El Specific Use Permit Request for : (list proposed use) Property Information: Broadway and SH 288 (see attached exhibit) Address: Tax Account No. 34-Yaof4' 2.0 Subdivision: Suburban Gardens Subdivision Lot: Na aQ3 Block: 22.1 0675-0030-000; -675-0032-000 0675-0029-000 0675-0038-000 ** Attach a copy of the metes and bounds description, survey, or legal description** Current use of property Agricultural - Cattle (type of structures on property): Future/proposed use of property and reason for zone change: Business Park Go 'PmT- lL PROPERTY OWNER INFORMATION: WCF Development, L.L.C. NAME ADDRESS 1177 West Loop South, Suite 1670 APPLICANT INFORMATION: NAME Kerry R. Gilbert & Associates, Inc. ADDRESS 15810 Park Ten Place, Suite 160 CITY Houston STATE TX ZIP 77027 CITY Houston STATE TX ZIP 77084 PHONE( 1 l 3) 9c 3— O I Z S FAX( 1I ) G1`i3- Of 03 E-MAIL ADDRESS wayne@WCFDevelopment.com PHONE( 2Q 1 ) S 79l - C 3crt D FAX( 2QI) '1 -gZlz E-MAIL ADDRESS landplan@krga.com 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 at this is a true description of the property upon which I have requested the above checked action. I u derstand that I m ful , responsible for the correctness of the legal description given. Owner's Signature: Agent's Signature: c Date: 5/23/05 Date: 57 OFFICE USE ONLY: FEES p 0Pr PAID: /S DATE PAID: 20-3/0-S - RECEIVED BY: APPLICATION NUMBER: ***APPLICATION IS CONSIDERED INCOMPLEZE WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND THE APPLICATION FEE*" Updated 10-29-04 'Pae 3 of a LOCATION MAP Zone Change Application No. 1234 N W+E s 0 200 400 Feet hill I Map Prepared on June 1, 2005 Playing & Zonffl Commission Recommendation Letter July 18, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1234, a request by Kerry R. Gilbert and Associates, Inc., applicant for WCF Development, LLC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) and Office and Professional District (OP) to Commercial District (C) and Planned Unit Development District (PUD) Honorable Mayor and City Council Members: At a special meeting of June 27, 2005, the Planning and Zoning Commission considered the request for a zone change from Suburban Development District (SD) and Office and Professional District (OP) to Commercial District (C) and Planned Unit Development District (PUD), on the following property: Legal Description: 9.6167 acres of land being all of Lot 2 in Block 21, and 14.3755 acres of land being all of Lot 3 and a portion of Lot 4 in Block 20, and 4.6323 acres being out of and a portion of Lot 1 in Block 20 and Lot 3 in Block 21, all situated in the T.C.R.R. Company Survey, Section 4, Abstract 675, of the Allison Richey Gulf Coast Home Company's Part of Suburban Gardens Subdivision, according to the plat thereof recorded in Volume 2, Page 99, of the Brazoria County Map Records, City of Pearland, Brazoria County, Texas General Location: Generally Located at the Northwest Corner of SH 288 and FM 518 (Broadway Street) Commission Member Ransom made a motion to recommend approval of the zone change request for C for the northern tract, and for PUD for the southern tract, which was seconded by Commission Member West. The motion included the following conditions as part of the PUD: 1. The applicant revise the concept plan in the PUD to provide a 75 foot wide no -build zone along the western property line. Agenda Request 1234 Page 3 of 4 2. The text of the PUD state that no dumpsters shall be located within the 25 foot wide landscape buffer. 3. The applicant revise the statement in the PUD regarding outdoor storage and display to require a specific use permit to be approved allowing any outdoor storage and display. The motion to approve passed 5 — 0. The zone change was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Agenda Request 1234 Page 4of4 AFFIDAVIT OF PUBLICATION App. 1,73q The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No. / Date 6 - / 20 0 C No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn toy: •-fore me this 20 'O 5 vS "ka$ 2006 day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published June 1 and June 8,2005 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. 1234 Notice is hereby given that on June 20, 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 Kerry R. Gilbert and Associates, Inc., applicant for WCF Development, LLC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) and Office and Professional District (OP) to Commercial uistnct (u), on the following described property, to wit: 9.6167 acres of land being all of Lot 2 in Block 21, and 14.3755 acres of land being all of Lot 3 and a portion of Lot 4 in Block 20, and 4.6323 acres being out of and a portion of Lot 1 in Block 20 and Lot 3 in Block 21, all situated in the T.C.R.R. Company Survey, Section 4, Abstract 675, of the Allison Richey Gulf Coast Home Company's Part of Suburban Gardens Subdivision, according to the plat thereof recorded in Volume 2, Page 99, of the Brazoria County Map Records, City of Pearland, Brazoria County, Texas (Generally Located at the Northwest Corner of SH 288 and FM 518 (Broadway 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 ail The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, LI6yd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No. / Date Cv - g 20 No Date 20 No Date 20 No. Date 20 No. Date 20 Subscribe andsworn to before me this 20PS .',4: day of Gt LAURA ANN EMMONS L Notary Public, State of Texas Commission Expires 09-09-2006 • • Z ....... ..e..s• ra Ann Emmons, Publisher tary Public, State of Texas Published June 1 and June 8, 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. 1234 Notice is hereby given that on June 20, 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 Kerry R. Gilbert and Associates, Inc., applicant for WCF Development, LLC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) and Office and Professional District (OP) to Commercial District (C), on the following described property, to wit: 9.6167 acres of land being all of Lot 2 in Block 21, and 14.3755 acres of land being all of Lot 3 and a portion of Lot 4 in Block 20, and 4.6323 acres being out of and a portion of Lot 1 in Block 20 and Lot 3 in Block 21, all situated in the T.C.R.R. Company Survey, Section 4, Abstract 675, of the Allison Richey Gulf Coast Home Company's Part of Suburban Gardens Subdivision, according to the plat thereof recorded in Volume 2, Page 99, of the Brazoria County Map Records, City of Pearland, Brazoria County, Texas (Generally Located at the -Northwest Corner of SH 288 and FM 518 (Broadway 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 Jul 13 05 04:23p p. 2 Introduction 'The 19 acre site planned unit development application was prepared on behalf of WCF Development in accordance with the City of Pearland Zoning Ordinance related to Planned Unit Development (PUD). The development plan for the 19 acre site will follow the City of Pearland Land Use and Urban Development Ordinance pertaining regulations and requirements of a Zone "C" Commercial zoning classification, except for a designated seventy-five (75) feet No -building Area along the western boundary and a twenty-five (25) feet landscape buffer (see attached exhibit). It is the intent of the developer, WCF Development, to utilize a planned unit development to establish criteria for the seventy-five (75) feet No -building Area and twenty-five (25) feet landscape buffer that will provide a separation between the proposed commercial development and the existing single-family residences of Shadow Creek Ranch to the west. Unless specified in this document, all current city ordinance requirements and regulations apply to the subject property. The 19 acre site is part of a larger 110 acre tract located at the northwest intersection of US 288 and Broadway. The majority of 0 e property is zoned Commercial, except for the 19 acres referenced in the attached metes and bounds description. The proposed development is a mixed -use of campus/retail/office complexes, health facility, and commercial. All of the property is located within the City of Pearland City Limits. Existing Conditions The 19 acre site is comprised of two smaller tracts: Tract 1 is 14.73 acres and presently zoned SD (Suburban District) and Tract 2 is 4.6 acres and presently zoned OP (Office Professional); both tracts are currently vacant. The surrounding uses to the north, east, and south are vacant with single-family residential to the west. Development Plan The development plan for the 19 acre site will follow the City of Pearland regulations and requirements of Zone "C" Comrncrcial, except for seventy-five (75) beet wide No - building Area, which is all along the western boundary property line abutting the residential areas of Shadow Creel, Ranch development as shows in the attached exhibit, and twenty-five (25) feet landscape buffer. No building can be constructed within seventy-five (75) feet of the property line. The Twenty-five (25) feet landscape buffer is included within the No -building Area. Refer to Twenty-five (25) feet Landscape Buffer section for specific criteria. Seventy-five (75) feet No -building Area The seventy-five (75') wide no -building area shall be measured from the property line. No structure or buildings will be allowed in the seventy-five (75) feet No -building Area. Allowed uses include the 25' landscape buffer, lighting, driveways, limited parking, dumpsters and loading/unloading areas. Exhibit C, Page 1 of 3 Jul 13 05 04:23p p.3 "Twenty-five (25) feet Landscape Buffer In addition to any City of Pearland Landscape Regulations, no structures, at or above ground level, including buildings, parking garages/areas may encroach into the 25' landscape buffer area. The landscape buffer shall be measured from the eastern edge of the 20' roadway easement, in the event that the road easement is abandoned, the landscape buffer should be measured from the property line. The buffer will be planted with a plant mix of 50% pines and 50% hardwood trees. Selections are to include Loblolly Pines, Live Oaks, Laurel Oaks, and Water Oaks spaced fifteen (15) feet on center. Yaupons and Tree Form Wax myrtle should be interspersed between trees to create a solid landscape screen. Minimum size for single trunk trees must be four (4) inch caliper. The diameter- of the trees must be measured at 12" from ground. Fencing There is an existing 6' masonry fence along the western edge of the subject site. Said fence was constructed and is currently maintained by Shadow Creek Ranch. This is sufficient to meet the City of Pearland fence requirements. If at any time in the future, the fence is removed or destroyed, then the obligation of constructing a new fence will be that of the non-residential owner Of the property_ Lighting All lighting standards will comply with the requirements of the Land Use and Urban Development Ordinance.. No significant overspill of light is permitted onto adjacent parcels. Within the landscape buffer, site lighting higher than 4 feet tall is prohibited. Outside Storage The City of Pearland Land Use and Urban Development Ordinance requires chat City Council approve a Specific Use Permit for outdoor activities, such as outside storage_, in commercial districts adjacent to residential zoned property. The subject property is adjacent to residential zoned property and, therefore, a Specific Use Pennit is required for outdoor activities, such as outdoor storage. Any outdoor storage will require a Specific Use Permit to be granted by the City Council pursuant to the Land Use and Urban Development Ordinance. Exhibit C, Page 2 of 3 756 33' r- — Shadow Creek Ranch Section SF 16A -__ V 23, P 269, BCPR SO' Houston bPNe'^e Co. 8325 BCCF OI-O68J25 20' PAN AMERICAN IF L 20 GAS CO ESMT -�-- — 973, P 816, BCDR 77 ado w Creek Ranch Section SF- 765 Ir a 23 P 273, BCDR AMOCO GAS CO. ESM 5 (UNI? E CORUED) EVIDENCED BY V(86 342, P 785, BCDR 80' HL&P ESM7 (NOT RECORDED) Lot 1, Block 27 John T. McMahon, CTAL Zone "BD - Vol. 1.320, Pg. 340, B C. D.R. L 20' Remainder of a 40' Platted Roadway Vol. 2, Pg. 99, B. C.D.R. -Property Line 2 N ZONED ' C " 187. 8 Acres 5 Landscape Buffer HOUSTON PIPELINE CO ESMT (WIDTH UNDEFINED) 1, P 82 & V 412, P 3311, BCDR —75' No —Building Area 20 20 Remainder of a 40' Plotted Roadway ✓ol. 2, Pg. 99, B. C.D.R. 0 r 838. 4 Traci 7 Proposed ZONE P U D 74. 3755 Acres COCUVNTYIDTH VAR ROAD) 92 AMOCO GAS CO ESMT (UNRECORDED) EVIDENCED BY ✓(86) 342, P 285, BCDR BRAZORIA COUNTY PUD EXHIBIT NOT 70 SCALE N N Exhibit C, Page 3 of 3 SHADOW CREEK RANS-I `. P,EARLAND INVESTMENTS LTD. PRT 41 MCMAHAN R D; IRS ORAZORIA PARTNERS LP- -MTH HOMES TEXAS LP ASHTON HOUSTON RESIDENTAL LLC 1 ■_ 1\/ I l\Ll SHOAL DR see r MIS NMI EN NG ' HIDDEN B_AY DR'- see list IN 111 \-14.1.1a61111111 141 _NEWMAR_K_HOMES LP. (3_lots)� WIN I al ASHTON HO_USTON RESIDENTAL LLC 1111 NEWMARK HOME$LP MORNINGBROOK WAY, !Se ,list.� HENLANDIIDD im - LILLEY LARY SHADOW CREEK RANCH DEV- r_- KAPACINSKAS HEIDI CORL CHRISTIAN PEARLAND INVESTMENTS LTD PRT I I ,SHADOW CREEK RANCH'DEVELOPMENT' All WCEDEVELOP,MENT XLP SUBJECTP OPERT— w CO y 200, NOTIFICATION LIMITS. MEMORIAL HERMANN MEMORIAL HERMANN -' IMEMORIAL'-HERMANN WC F.DEVELOP_MENTXLP, WCE DEVELOPMENTXLP, WCF DEVELOPMENT XLP-. MARTIN PEYTON TRUSTEE WCF DEVELOPMENT XLP. MELBER KENNETH.R TRUSTEE MARTIN PEYTON TRUSTEE WALSH WILLIAM C SUBJECTP_ROPERTY-- I200' NOTIFICATION LIMITS OWNERSHIP MAP Zone Change Application No. 1234 W4E S Map Prepared on June 1, 2005 0 200 400 Feet II111 I *all property owners may not be shown due to limited space on the map -see Listing for a complete list of all property owners notified. PROP ID OWNER R180194 WCF DEVELOPMENT XLP KERRY R GILBERT & ASSOC CHRISTY SMIDT R180192 MCMAHAN R D R169823 SHADOW CREEK RANCH DEVELOPMENT R550249 HPS BRAZORIA PARTNERS LP R550250 MTH HOMES -TEXAS LP R553839 MEMORIAL HERMANN HOSPITAL SYSTEM R550399 AVILLANOZA ANTHONY V R550397 ASHTON HOUSTON RESIDENTAL LLC R553839 MEMORIAL HERMANN HOSPITAL SYSTEM R180194 WCF DEVELOPMENT XLP R180194 WCF DEVELOPMENT XLP R553640 HAAN GREGG B R180194 WCF DEVELOPMENT XLP R553636 PUCKETT KENT S R550448 SARASAK GRACIOUS M R550406 DUONG DUC N R550449 CASTILLO MICHAEL & HAN KYUNG R550407 ELLIS RENITA P R550450 VELEK AARON M & COURTNEY HARRIS R550409 ASHTON HOUSTON RESIDENTAL LLC R550453 CALDWELL BEVERLY R550411 SANDS OWEN L & KAYLENE M R180180 WCF DEVELOPMENT XLP R550415 ZHAO YALI & JING MING LI R550398 ASHTON HOUSTON RESIDENTAL LLC R553839 MEMORIAL HERMANN HOSPITAL SYSTEM R550400 BALDAUF DUKE & TRACEY R550487 ASHTON HOUSTON RESIDENTAL LLC R550486 NEWMARK HOMES LP R550445 ASHTON HOUSTON RESIDENTAL LLC R550401 ELAM PAULIA D ADDRESS ZONE CHANGE APPLICATION NO. 1234 Property Owner Notification List CITY ST ZIP CODE 1177 WEST LOOP S STE 1670 15810 PARK TEN PLACE STE 160 5950 STONES THROW RD 5195 LAS VEGAS BLVD S 12222 MERIT DR STE 1710 2901 W SAM HOUSTON PKWY N STE B 7737 SOUTHWEST FWY STE 200 11301 SHOAL CREEK DR 11375 W SAM HOUSTON PKWY S STE 100 7737 SOUTHWEST FWY STE 200 1177 WEST LOOP S STE 1670 1177 WEST LOOP S STE 1670 1811 GARDEN TERRACE DR 1177 WEST LOOP S STE 1670 10788 KEMPWOOD DR 2706 HIDDEN LANDING DR 2713 HIDDEN LANDING DR 2708 HIDDEN LANDING DR 2715 HIDDEN LANDING DR 2710 HIDDEN LANDING DR 11375 W SAM HOUSTON PKWY S STE 100 2716 HIDDEN LANDING DR 2723 HIDDEN LANDING DR 1177 WEST LOOP S STE 1670 11304 HIDDEN BAY DR 11375 W SAM HOUSTON PKWY S STE 100 7737 SOUTHWEST FWY STE 200 2701 HIDDEN LANDING DR 11375 W SAM HOUSTON PKWY S STE 100 6500 RIVER PLACE BLVD BLDG II 11375 W SAM HOUSTON PKWY S STE 100 2703 HIDDEN LANDING DR HOUSTON TX 77027-9027 HOUSTON TX 77084 HOUSTON TX 77057-1444 LAS VEGAS NV 89119-3209 DALLAS TX 75251-2217 HOUSTON TX 77043-1630 HOUSTON TX 77074-1800 PEARLAND TX 77584 HOUSTON TX 77031 HOUSTON TX 77074-1800 HOUSTON TX 77027-9027 HOUSTON TX 77027-9027 KATY TX 77494-7545 HOUSTON TX 77027-9027 HOUSTON TX 77043-1409 PEARLAND TX 77584 PEARLAND TX 77581 PEARLAND TX 77584 PEARLAND TX 77584 PEARLAND TX 77584 HOUSTON TX 77031 PEARLAND TX 77584 PEARLAND TX 77584 HOUSTON TX 77027-9027 PEARLAND TX 77584 HOUSTON TX 77031 . HOUSTON TX 77074-1800 PEARLAND TX 77584 HOUSTON TX 77031 AUSTIN TX 78730-1119 HOUSTON TX 77031 PEARLAND TX 77584 LEGAL DESCRIPTION A0675 J W MAXEY, ACRES 39.0271 APPLICANT A0675 J W MAXEY, BLOCK 21, TRACT 1, ACRES 9.600 A0344 WM MORRIS, TRACT 1, ACRES 20.000 SHADOW CREEK RANCH SF-148 (PEARLAND), BLOCK 1, LOT 14 SHADOW CREEK RANCH SF-14B (PEARLAND), BLOCK 1, LOT 15 A0675 J W MAXEY, ACRES 21.919 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 21 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 19 A0675 J W MAXEY, ACRES 21.919 A0675 J W MAXEY, ACRES 39.0271 A0675 J W MAXEY, ACRES 39.0271 A0675 J W MAXEY, BLOCK 21, TRACT 3 DIRECTOR LOT 1, ACRES 0.1143 A0675 J W MAXEY, BLOCK 21, ACRES 39.0271 A0675 J W MAXEY, BLOCK 21, TRACT 3 DIRECTOR LOT 5, ACRES 0.1148 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 2, LOT 19 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 28 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 2, LOT 20 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 29 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 2, LOT 21 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 31 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 2, LOT 24 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 33 A0675 J W MAXEY, BLOCK 20, TRACT 1-2, ACRES 19.232 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 37 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 20 A0675 J W MAXEY, ACRES 21.919 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 22 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 15 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 14 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 2, LOT 16 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 23 R553639 R550402 R553638 R550403 R550446 R550404 R550447 R550405 R550408 R550451 R550531 R550489 R550491 R550492 R550452 R550410 R550496 R180173 R550505 R550498 R550503 R550501 R550502 R539095 R550454 R550412 R180180 R550413 R550414 R550416 R168108 R550471 R550485 R550488 R550490 R550530 R180189 JACOBSON SHARON ALEXANDER SHARRON SAOUR SAIB Y SUESS LEONARD & JESSICA GONZALEZ RICARDO J & ELIZABETH M GARDENHI MICHELLE TROUTNER ERIC A & STEPHANIE J ASHTON HOUSTON RESIDENTAL LLC JACKSON RODNEY & TINA CHENG LEWIS KIMBERLY ASHTON HOUSTON RESIDENTAL LLC ASHTON HOUSTON RESIDENTAL LLC THOMPSON ANTHONY V & KIMBERLY M NEWMARK HOMES LP FLOREZ MANUEL F ASHTON HOUSTON RESIDENTAL LLC LOWMAN MARC & TIFFANY MOORE SHADOW CREEK RANCH DEVELOPMENT NEWMARK HOMES LP ASHTON HOUSTON RESIDENTAL LLC NEWMARK HOMES LP ASHTON HOUSTON RESIDENTAL LLC ASHTON HOUSTON RESIDENTAL LLC KAPACINSKAS HEIDI NEWMARK HOMES LP BRACEY KISA J WCF DEVELOPMENTXLP ASHTON HOUSTON RESIDENTAL LLC ASHTON HOUSTON RESIDENTAL LLC AIZPURUA CARLOS M MARTIN PEYTON TRUSTEE SHADOW CREEK RANCH DEV CO NEWMARK HOMES LP ASHTON HOUSTON RESIDENTAL LLC WHITE MICHAEL A NEWMARK HOMES LP WCF DEVELOPMENT XLP ZONE CHANGE APPLICATION NO. 1234 Property Owner Notification List 1226 AUSTIN COLONY DR 2814 S BARTEL #524 5469 HOLLY SPRINGS DR 2707 HIDDEN LANDING DR 2702 HIDDEN LANDING DR 2709 HIDDEN LANDING DR 2704 HIDDEN LANDING DR 11375 W SAM HOUSTON PKWY S STE 100 2717 HIDDEN LANDING DR 2712 HIDDEN LANDING DR 11375 W SAM HOUSTON PKWY S STE 100 11375 W SAM HOUSTON PKWY S STE 100 2809 MORNING BROOK WAY 6500 RIVER PLACE BLVD BLDG II 2714 HIDDEN LANDING DR 11375 W SAM HOUSTON PKWY S STE 100 2907 MORNING BROOK WAY 5195 LAS VEGAS BLVD S 6500 RIVER PLACE BLVD BLDG II 11375 W SAM HOUSTON PKWY S STE 100 6500 RIVER PLACE BLVD BLDG II 11375 W SAM HOUSTON PKWY S STE 100 11375 W SAM HOUSTON PKWY S STE 100 2606 SALADO DR 6500 RIVER PLACE BLVD ST E 2-300 2725 HIDDEN LANDING DR 1177 WEST LOOPS STE 1670 11375 W SAM HOUSTON PKWY S STE 100 11375 W SAM HOUSTON PKWY S STE 100 11306 HIDDEN BAY DR 310 MORTON ST # 280 2947 BROADWAY ST STE 303 6500 RIVER PLACE BLVD BLDG II 11375 W SAM HOUSTON PKWY S STE 100 2807 MORNING BROOK WAY 6500 RIVER PLACE BLVD BLDG II 1177 WEST LOOPS STE 1670 RICHMOND HOUSTON HOUSTON PEARLAND PEARLAND PEARLAND PEARLAND HOUSTON PEARLAND PEARLAND HOUSTON HOUSTON PEARLAND AUSTIN PEARLAND HOUSTON PEARLAND LAS VEGAS AUSTIN HOUSTON AUSTIN HOUSTON HOUSTON PEARLAND AUSTIN PEARLAND HOUSTON HOUSTON HOUSTON PEARLAND RICHMOND PEARLAND AUSTIN HOUSTON PEARLAND AUSTIN HOUSTON TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX NV' TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX 77469-1206 77054 77056-2021 77584 77584 77584 77584 77031 77584 77584 77031 77031 77584 78730-1119 77584 77031 77584 89119-3209 78730-1119 77031 78730-1119 77031 77031 77584-9110 78730-1124 77584 77027-9027 77031 77031 77584 77469-3119 77581-9500 78730-1119 77031 77584 78730-1119 77027-9027 A0675 J W MAXEY, BLOCK 21, TRACT 3 DIRECTOR LOT 2, ACRES 0.1148 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 24 A0675 J W MAXEY, BLOCK 21, TRACT 3 DIRECTOR LOT 3, ACRES 0.1148 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 25 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 2, LOT 17 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 26 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 2, LOT 18 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 27 , SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 30 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 2, LOT 22 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 2, LOT 10 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 17 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 19 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 20 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 2, LOT 23 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 32 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 24 A0675 J W MAXEY, BLOCK 19, TRACT 4, ACRES 5.521 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 33 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 26 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 31 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 29 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 30 A0675 J W MAXEY, BLOCK 19, TRACT 4D, ACRES 0.115 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 2, LOT 25 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 34 A0675 J W MAXEY, BLOCK 20, TRACT 1-2, ACRES 19.232 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 35 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 36 SHADOW CREEK RANCH SF-16A (PEARLAND), BLOCK 1, LOT 38 A0300 H T& B R R, TRACT 2-3-11T015-23T025-31T035, ACRES 149.35 SHADOW CREEK RANCH SF-16B, ACRES 1.676 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 13 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 16 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 18 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 2, LOT 9 A0675 J W MAXEY, BLOCK 20, TRACT 4, ACRES 3.035 R180191 R180182 R550493 R550494 R550508 R550495 R550507 R550506 R550497 R543648 R550504 R550499 R550500 R539093 R539094 R168110 R168108 WCF DEVELOPMENT XLP WCF DEVELOPMENT XLP ASHTON HOUSTON RESIDENTAL LLC ASHTON HOUSTON RESIDENTAL LLC ASHTON HOUSTON RESIDENTAL LLC NEWMARK HOMES LP ASHTON HOUSTON RESIDENTAL LLC ASHTON HOUSTON RESIDENTAL LLC ASHTON HOUSTON RESIDENTAL LLC MELBER KENNETH R TRUSTEE NEWMARK HOMES LP NEWMARK HOMES LP NEWMARK HOMES LP CORL CHRISTIAN PEARLAND INVESTMENTS LTD PRT WALSH WILLIAM C MARTIN PEYTON TRUSTEE ZONE CHANGE APPLICATION NO. 1234 Property Owner Notification List 1177 WEST LOOP S STE 1670 1177 WEST LOOP S STE 1670 11375 W SAM HOUSTON PKWY S STE 100 11375 W SAM HOUSTON PKWY S STE 100 11375 W SAM HOUSTON PKWY S STE 100 6500 RIVER PLACE BLVD BLDG II 11375 W SAM HOUSTON PKWY S STE 100 11375 W SAM HOUSTON PKWY S STE 100 11375 W SAM HOUSTON PKWY S STE 100 1177 WEST LOOP S STE 1670 6500 RIVER PLACE BLVD BLDG II 6500 RIVER PLACE BLVD BLDG II 6500 RIVER PLACE BLVD BLDG II 2422 BROADWAY ST PO BOX 95398 PO BOX 760 310 MORTON ST # 280 HOUSTON TX 77027-9027 HOUSTON TX 77027-9027 HOUSTON TX 77031 HOUSTON TX 77031 HOUSTON TX 77031 AUSTIN TX 78730-1119 HOUSTON TX 77031 HOUSTON TX 77031 HOUSTON TX 77031 HOUSTON TX 77027-9027 AUSTIN TX 78730-1119 AUSTIN TX 78730-1119 AUSTIN TX 78730-1119 PEARLAND TX 77581-6408 LAS VEGAS NV 89193-5398 PEARLAND TX 77588-0760 RICHMOND TX 77469-3119 A0675 J W MAXEY, BLOCK 20, TRACT 4A, ACRES 4.800 A0675 J W MAXEY, BLOCK 20, TRACT 3, ACRES 9.60 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT21 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 22 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 36 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 23 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 35 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 34 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT25 A0675 J W MAXEY, BLOCK 20, TRACT 4B, LOT 3A BLOCK 23, ACRES 2.65 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 32 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 27 SHADOW CREEK RANCH SF-16B (PEARLAND), BLOCK 1, LOT 28 A0675 J W MAXEY, BLOCK 19, TRACT 4B, ACRES 0.115 A0675 J W MAXEY, BLOCK 19, TRACT 4C, ACRES 0.115 A0300 H T & B R R, TRACT 21, ACRES 5.000 A0300 H T& B R R, TRACT 2-3-11T015-23T025-31T035, ACRES 149.35 im t gy m© i-4 itralllillt.a ,01 efiSI111111. IIII Au itit2PROMIll rtipoitinimuilliiiii a ge, MO g IN tiiii:avu riii viliton t444,100. _ 1.3 7001014 �®� ) glen iss 16111 6 1st ges, ow— boa oisia loom kw r_._ Oilman. vain ami rol allW 'OW in & ali Iillinda bk 91111111110 .01 *Ns ®�®®®■ will ZONING MAP Zone Change Application No. 1234 0 200 400 Feet 11111 I Map Prepared on June 1, 2005 FUTURE LAND USE PLAN Zone Change Application No. 1234 0 200 400 Feet 1iiil Map Prepared on June 1, 2005 CITY OF PEARLAND PLANNING & ZONING ,05 441 AGENDA ITEM P�-��-1.a' CONSIDERATION AND POSSIBLE ACTION DATE: June 23, 2005 TO: Planning and Zoning Commission FROM: Planning Staff SUBJECT: Proposed Planned Unit Development (PUD), Generally Located on the West Side of SH 288, North of Broadway Street. The above referenced Planned Unit Development (PUD) was scheduled for a Joint Public Hearing on June 20, 2005 and discussed by Planning and Zoning Commission (P&Z) the same night. The applicant had requested a Commercial (C) Zone for the two tracts included in the zone change application. However the request was recommended as a PUD for the L-shaped southerly tract along Broadway and 'C' for the northerly one. This item was tabled at last P & Z meeting to provide the applicant an opportunity to address the P & Z's comments. A revised PUD submitted on June 22, 2005 has addressed some of the concerns of the P & Z and council and is included with this memo. Staff comments have been discussed below. Also attached is the staff report presented by staff at the Joint Public Hearing. STAFF COMMENTS: (The L-shaped tract fronting on Broadway) 1. The 25-foot wide landscaped buffer and the 75-foot no -building area should be shown from the eastern edge of the platted roadway and not from the centerline. Platting of the property will require the western ZCA No. 1234 Page 1 of 2 property line of the subject parcel to move easterly to coincide with the edge of roadway. 2. The 75-foot No -building area does not prohibit dumpsters and loading/ un-loading areas as discussed by some members of the P & Z. 3. Staff recommends that the landscaped buffer prohibit any site lighting over 4 feet, to prevent glare on adjoining residential properties. 4. Outdoor Storage: Staff recommends that the last sentence under "Outdoor Storage" be replaced by "At this time outdoor storage is not permitted. If outdoor storage is proposed at a later date, a Specific Use Permit needs to be granted by the City Council as per the Land Use and Urban Development Ordinance. STAFF RECOMMENDATION: Staff is favor of the proposed PUD with the above -mentioned recommendations for the L —Shaped that fronting Broadway. Staff is in favor of 'C' zone for the northerly tract. ZCA No. 1234 Page 2 of 2 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JUNE 20, 2005 Zone Change Application No. 1234 TO: City Council Planning and Zoning Commission SUBJECT: A request by Kerry R. Gilbert and Associates, Inc., applicant for WCF Development, LLC, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) and Office and Professional District (OP) to Commercial District (C) LEGAL 9.6167 acres of land being all of Lot 2 in Block 21, and 14.3755 DESCRIPTION: acres of land being all of Lot 3 and a portion of Lot 4 in Block 20, and 4.6323 acres being out of and a portion of Lot 1 in Block 20 and Lot 3 in Block 21, all situated in the T.C.R.R. Company Survey, Section 4, Abstract 675, of the Allison Richey Gulf Coast Home Company's Part of Suburban Gardens Subdivision, according to the plat thereof recorded in Volume 2, Page 99, of the Brazoria County Map Records, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Generally Located at the Northwest Corner of SH 288 and FM 518 (Broadway Street) APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: June 20, 2005 City Council for First Reading: July 11, 2005 City Council for Second Reading: July 25, 2005 SUMMARY: The applicant is requesting a change in zoning on the subject property for a Commercial District (C). The subject property will be included into a larger commercial ZCA No. 1234 Page 1 development located at this intersection and platted as one development as indicated by the applicant. The subject property is currently undeveloped. The applicant has indicated that the purpose of the zone change is to allow for the development of a business park and commercial retail businesses. SURROUNDING ZONING AND LAND USES: North South Zoning Land Use Suburban Development Undeveloped tracts District (SD) and Commercial District (C) Commercial District (C) and General Business District (GB) Undeveloped tracts East Commercial District (C) Undeveloped tracts West Planned Unit Development Single family residences District (PUD) for residential uses as part of Shadow Creek Ranch CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting a C zoning district. The minimum lot size for the C district is 22,500 square feet and the minimum lot width is 150 feet. The subject property, when combined with the overall development, will meet these minimum requirements, as the subject property will have adequate frontage on SH 288 and Broadway Street. PLATTING STATUS: The subject property has not been platted. The subject property will need to be platted and combined with adjoining parcels in accordance with the Subdivision Ordinance, prior to issuance of a building permit. The plat will need to address all requirements listed in the Subdivision Ordinance, and be approved by the Planning and Zoning Commission. The plat will need to be filed for record with the County Clerk, prior to issuance of a building permit. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "Business Park" for the subject property and for many of the surrounding properties long SH 288. The Comprehensive Plan further indicates that the appropriate zoning districts for "Business Park" is a new non-residential ZCA No. 1234 Page 2 district described as nonresidential, large office complexes/campuses, and retail development. Since the proposed zone change to Commercial District provides for these uses, the proposed zone change conforms to the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on SH 288, a major thoroughfare under the jurisdiction of the State of Texas and of varying right-of-way width. The subject property also has frontage on Broadway Street, a major thoroughfare with an ultimate right-of-way of 120 feet that is to be widened in the future. During the platting process, additional right-of-way for SH 288 and FM 518 may be necessary and would need to be dedicated to the City on the subdivision plat. Business Center Drive is scheduled to affect this property in a north/south alignment. Business Center Drive is designated as a secondary thoroughfare with a right-of-way of 100 feet, and the applicant would be required to dedicate the necessary right-of-way for this roadway as the subject property is platted. Due to the size of the overall development at this intersection, it is anticipated that the developer will construct a system of internal roadway and collector streets. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: There is currently a 16 inch water line within Broadway Street. Sanitary sewer service is not available for the subject property. The applicant would be required to provide adequate water and sewer service to the subject property during the platting process and development of the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The adjacent commercial district tracts were zoned in July of 2001. The northern subject tract and the square subject tract as the south were not under the same ownership as the rest of the commercial tract and therefore were left out of the commercial zoning in 2001. The portion of the subject property that is currently zoned as Office and Professional District (OP) was requested for Commercial zoning in 2001. However, during the public hearing in 2001, it was discussed that a buffer should be created between the commercial district and the residences within Shadow Creek Ranch. The developer at that time changed the area to OP along the western 150 feet, in order to provide a lesser intensity of uses and provide a buffer of office uses along these residential areas in Shadow Creek Ranch. Although the applicant has not specifically stated the exact uses for the subject property, it does have the potential to be any type of commercial, retail, or business park. Therefore, Staff agrees that a buffer is necessary between the commercial uses and the residential properties within Shadow Creek Ranch. According to the Land Use Ordinance, the only ZCA No. 1234 Page 3 buffer required between residential and non-residential uses is the 6 foot high masonry fence along the property line. Staff would also recommend that the OP district not be changed to Commercial District, and that the OP district continue southward to Broadway Street, so that the entire residential area is buffered. An OP district can serve as a buffer between commercial and residential uses as the OP district is very limited in the uses that it allows, which are Tess intense than commercial uses. The overall development is located at the intersection of two major thoroughfares, and it is anticipated that this will be a high traffic intersection. Therefore, the applicant will be required to submit a traffic impact analysis (TIA) for the subject property as it is submitted for platting, in order to determine the impact of the proposed development on the traffic in the area, as well as the location and number of driveways onto Broadway Street and SH 288, as well as the need for any internal collector streets. PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published in the local newspaper, and a Zoning Sign was placed on the subject property. STAFF RECOMMENDATION: Staff recommends approval of the zone change for C, but recommends the OP area remain and be continued south, for the following reasons: 1. The OP zoned area along the western property line remain as OP, and the OP district be continued southward to Broadway Street, in order to provide a buffer to the single family residential lots existing within Shadow Creek Ranch. The existing OP buffer is 150 feet wide, and the continuation southward should also be 150 feet wide. 2. The proposed zone change provides for Business Park uses, consistent with Business Park and campus/retail/office complexes as recommended by the Comprehensive Plan, thereby being in conformance with the Comprehensive Plan. 3. The subject property is located at a major intersection in the City and is appropriate for a commercial district. 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. 1234 Page 4