Ord. 509-794 08-08-05 FailedFAILED 8/8/05
ORDINANCE NO. 509-794
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 30.155 ACRES OUT OF LOT 4,
SECTION 12, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 508,
PEARLAND, BRAZORIA COUNTY, TEXAS, AND BEING A PORTION OF
THAT CERTAIN TRACT DESCRIBED IN A DEED DATED 12-29-2000
FROM PATRICK L. DOOLEY TO A.R. HIXSON AS FILED IN OFFICIAL
RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY AT CLERK'S
FILE NUMBER 01-009725, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (LOCATED ON THE SOUTH SIDE OF MAGNOLIA STREET, AND
EAST OF VETERANS DRIVE) (SPECIFIC USE PERMIT APPLICATION
NO. 150) FOR A SPECIFIC USE PERMIT FOR AN INDUSTRIAL
MANUFACTURING FACILITY WITH BLENDING AND/OR PACKING
FACILITIES, IN THE HEAVY INDUSTRIAL DISTRICT (M-2(S)), AT THE
REQUEST OF JACK MCGUFF, JR., AIA, APPLICANT FOR A. R. HIXSON,
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 A. R. Hixson, owner, filed on
June 15, 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 18th day of July, 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
1
ORDINANCE NO. 509-794
WHEREAS, on the 28th 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 Jack McGuff, Jr., AIA, applicant for A. R. Hixson,
owner, whereby the Commission recommended denial of the Specific Use Permit for an
Industrial Manufacturing Facility with Blending and/or Packing Facilities, in the Heavy
Industrial District (M-2(S)); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on August 8, 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 A. R. Hixson, 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 Heavy Industrial District (M-2) is
hereby zoned to Specific Use Permit for an Industrial Manufacturing Facility with
Blending and/or Packing Facilities, in the Heavy Industrial District (M-2(S)), such
property being more particularly described as:
30.155 acres out of Lot 4, Section 12, H.T. & B.R.R. Company Survey, Abstract
508, Pearland, Brazoria County, Texas, and being a portion of that certain tract
described in a deed dated 12-29-2000 from Patrick L. Dooley to A.R. Hixson as
filed in Official Records of Real Property of Brazoria County at Clerk's File
2
ORDINANCE NO. 509-794
Number 01-009725, City of Pearland, Brazoria County, Texas (Located on the
South Side of Magnolia Street, and East of Veterans Drive)
II.
The City Council of the City of Pearland finds and determines that the recitations
in the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The
City Council further finds and determines that there has been compliance with the
mandates of law in the posting and presentation of this matter to the Planning and
Zoning Commission and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the
amendment adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
V.
All rights and remedies, which have accrued in the favor of the City under this
Ordinance and its amendments thereto, shall be and are preserved for the benefit of
the City.
3
ORDINANCE NO. 509-794
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 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.
4
TOM REID
MAYOR
ORDINANCE NO. 509-794
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
Jun-06-05 08:48A mcguff arch itacts
281 485 5219 P.02
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:
j Change in Zoning Classification from:. F _ _ to:.. V t 511 .
(list currant zoning) Mist proposed zoning)
Specific Use Permit Request for : (01)t14-1,1 Y Mk,/ f'4c.i Lt t-Y
(list proposod use)
Property Information:
Address:,_390Q tt3Lk PIA GN0c-IA STiler r Tax Account No. 03D. ! ^ 0O 1) ` i /O
Subdivision: Lot: y Block: /1
** Attach a copy of the metes and bounds description, survey, or legal description**
Current use of property
(type of structures on property): Gar) "LA
Future/proposed{ptuse�of property andd reason forFzone change: �1.,t*I '0rty07 4 "'�}�:: `. yP�� ►'11 L Tub tt.►�
1 !1 LiLit i lui )C- �.iT+i�:+r " ' ff P,' (tJ jr t'� t< <� lvl I �" " 1) )t`l,o41-T tf,Yr- Pt':sr+-ri 10
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PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME
ADDRESSO1 N. C ur-'s .cr SZN 'WO ADDRESS.5103 f 4{?.4/3-Y # 1.0
CITY AALIAar TOnI STATE 7iic ZIP 7(10 t l CITY PFPr.t t+) STATE T< ZIP -11
PHONE( 8 ►1 ) �9 S -o s�a'7
PHONEL L r ) . +f
FAxc,?-6 i )
E-MAIL ADDRESS IliklY.WOQ ?o2,-S1. cow► E-MAIL ADDRESS 114147 arc pzvi i A VIAr+.
PETITION: As owner/agent, 1 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. 1 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 1 am fully responsibld for the correctness of the legal description
given.
Owners Signature:
Agent's Signature:
,,ed
/
bFFICE USE ONLY:
FEES ou DATE RECEIVED
PAti7: W 7.� PAID: 6:, /3 f tJ3 BY: :.
**`APPLICATION IS CONSIDERED INCOMPL
DESCRIPTION OR SURVEY AND T
Updated 10.29-04
Date: &,>
Date:t%Y
APPLICATION
NUMBER: 3 (/{ P l.5' D ._
WITHOUT A METES AND BOUNDS
E APPLICATION FEE***
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SUBJECT PROPERTY
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LOCATION MAP
Specific Use Permit Application
No. 150
0 200 400 Feet
Map Prepared on July 1, 2005
L
AFFIDAVIT OF PUBLICATION
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 I issues, as follows:
No. / Date 6, - a `1 20 2 S
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
204?-C
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
4 .4
ti
*,S•4"S..,L•••••••S•
r
•
•
•
•
•
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published June 29 and July
6,2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
SPECIFIC USE PERMIT
APPLICATION NO. 150
Notice is hereby given that
on July 18, 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 A. R. Hixson,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City, for approval of a
Specific Use Permit for an
ndustrial Manufacturing
acility with Blending and/or
?acking Facilities, in the
Heavy Industrial District (M-
2(S)), on the following
described property, to wit:
30.155 acres out of Lot 4,
Section 12, H.T. & B.R.R.
Company Survey, Abstract
508, Peariand, Brazoria
County, Texas, and being a
portion of that certain tract
described in a deed dated
12-29-2000 from Patrick L.
Dooley to A.R. Hixson as
filed in Official Records of
Real Property of Brazoria
County at Clerk's File
Number 01-009725, City of
Pearland, Brazoria County,
Texas (Located on the
South Side of Magnolia
Street, and East of Veterans
Drive)
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, 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 7-6 20
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20
LAURA ANN EMMONS
Notary Public' Sate of a as
Commission EX
7
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published June 29 and July
6,2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
SPECIFIC USE PERMIT
APPLICATION NO. 150
Notice is hereby given that
on July 18, 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 A. R. Hixson,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City, for approval of a
Specific Use Permit for an
Industrial Manufacturing
Facility with Blending and/or
Packing Facilities, in the
Heavy Industrial District (M-
2(S)), on the following
described property, to wit:
30.155 acres out of Lot 4,
Section 12, H.T. & B.R.R.
Company Survey, Abstract
508, Pearland, Brazoria
County, Texas, and being a
portion of that certain tract
described in a deed dated
12-29-2000 from Patrick L.
LEGALS
Dooley to A.R. Hixson as
filed in Official Records of
Real Property of Brazoria
County at Clerk's File
Number 01-009725, City of
Pearland, Brazoria County,
Texas (Located on the
South Side of Magnolia
Street, and East of Veterans
Drive)
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
1111111111111
EVANS MATERIALS HANDLING INC
CHASE LODGE CORPORATION
(SEVERAL LOTS)•
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BAYWAY HOMES, INC'
PEARLAND MAGNOLIA LLC
CORREIA HOLDING INC.
CITY OF PEARLAND
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SUBJECT PROPERTJ
200'NOTIFICATION LIMITS
\\ I
OWNERSHIP MAP 4E
Specific Use Permit Application s
No. 150
0 200 400 Feet
It'll 1
Map Prepared on July 1, 2005
PROP ID OWNER
R166235
R237409
R166281
R176016
R166239
R176015
R175996
R535685
R176012
R535694
R535695
R535697
R535696
R535703
R535702
R535686
R175996
R535706
R535693
R535692
R175996
R535704
R535705
R524475
CORREIA HOLDING INC
WEATHERFORD US LP
PEARLAND MAGNOLIA LLC
HIXSON A R
JACK MCGUFF, JR, AIA
CITY OF PEARLAND
EVANS MATERIALS HANDLING INC
WEATHERFORD US LP
CHASE LODGE CORPORATION
WEATHERFORD INTERNATIONAL
CHASE LODGE CORPORATION
CHASE LODGE CORPORATION
CHASE LODGE CORPORATION
CHASE LODGE CORPORATION
KEBBELL HOMES LLC
FORT LINDA S
CHASE LODGE CORPORATION
WEATHERFORD US LP
THOMAS JEREMY
BAYWAY HOMES INC
CHASE LODGE CORPORATION
WEATHERFORD US LP
KEBBELL HOMES LLC
BAYWAY HOMES INC
CHASE LODGE CORPORATION
SPECIFIC USE PERMIT APPLICATION NO. 150
Property Owner Notification List
ADDRESS
6341 BEVERLYHILL ST
515 POST OAK BLVD STE 600
900 APOLLO ST
2201 N COLLINS ST STE 240
5208 BROADWAY #208
3519 LIBERTY DR
15150 MIDDLEBROOK DR
515 POST OAK BLVD STE 600
5426 FAIRDALE LN
515 POST OAK BLVD STE 600
5426 FAIRDALE LN
5426 FAIRDALE LN
5426 FAIRDALE LN
5426 FAIRDALE LN
5434 FAIRDALE LN
4005 E CEDAR TRAIL CT
5426 FAIRDALE LN
515 POST OAK BLVD STE 600
4004 EAST CEDAR TRAIL
PO BOX 1244
5426 FAIRDALE LN
515 POST OAK BLVD STE 600
5434 FAIRDALE LN
PO BOX 1244
5426 FAIRDALE LN
CITY
ST ZIP CODE
HOUSTON TX
HOUSTON TX
HOUSTON TX
ARLINGTON TX
PEARLAND TX
PEARLAND TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
PEARLAND TX
HOUSTON TX
HOUSTON TX
PEARLAND TX
FRIENDSWOOD TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
FRIENDSWOOD TX
HOUSTON TX
77057-6501
77027-9408
77058-2613
76011-2653
77581
77581-5416
77058-1210
77027-9408
77056-6607
77027-9408
77056-6607
77056-6607
77056-6607
77056-6607
77056-6607
77584
77056-6607
77027-9408
77584
77549-1244
77056-6607
77027-9408
77056-6607
77549-1244
77056-6607_
LEGAL DESCRIPTION
A0239 H T & B R R, TRACT 8, ACRES 15.670, PEARLAND
PEARLAND SOUTH INDUSTRIAL, LOT 1, ACRES 9.250
LT 15A1A 239 H T & B PEARLAND, ACRES 15.000
A0508 HT & B R R, TRACT 4, ACRES 30.152, PEARLAND
APPLICANT
LT 8D 239 H T & B PEARLAND, ACRES 0.780
A0508 H T & B R R, TRACT 4A, ACRES 5.000, PEARLAND
A0507 A C H & B, TRACT 2-9-10, ACRES 32.488, PEARLAND
PEARLAND FARMS SEC 1 (A0508 F B DRAKE), BLOCK 1, LOT 9
A0508 H T & B R R, TRACT 5, PEARLAND
PEARLAND FARMS SEC 1 (A0508 F B DRAKE), BLOCK 1, LOT 18
PEARLAND FARMS SEC 1 (A0508 F B DRAKE), BLOCK 1, LOT 19
PEARLAND FARMS SEC 1 (A0508 F B DRAKE), BLOCK 1, LOT 21
PEARLAND FARMS SEC 1 (A0508 F B DRAKE), BLOCK 1, LOT 20
PEARLAND FARMS SEC 1 (A0508 F B DRAKE), BLOCK 1, LOT 27
PEARLAND FARMS SEC 1 (A0508 F B DRAKE), BLOCK 1, LOT 26
PEARLAND FARMS SEC 1 (A0508 F B DRAKE), BLOCK 1, LOT 10
A0507 A C H & B, TRACT 2-9-10, ACRES 32.488, PEARLAND
PEARLAND FARMS SEC 1 (A0508 F B DRAKE), BLOCK 1, LOT 30
PEARLAND FARMS SEC 1 (A0508 F B DRAKE), BLOCK 1, LOT 17
PEARLAND FARMS SEC 1 (A0508 F B DRAKE), BLOCK 1, LOT 16
A0507 A C H & B, TRACT 2-9-10, ACRES 32.488, PEARLAND
PEARLAND FARMS SEC 1 (A0508 F B DRAKE), BLOCK 1, LOT 28
PEARLAND FARMS SEC 1 (A0508 F B DRAKE), BLOCK 1, LOT 29
A0508 F B DRAKE, TRACT 3A-8, PEARLAND, ACRES 228701
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JULY 18, 2005
Specific Use Permit Application No. 150
TO: City Council
Planning and Zoning Commission
SUBJECT:
A request by Jack McGuff, Jr., AIA, applicant for A. R. Hixson,
owner, for an amendment to the Land Use and Urban
Development Ordinance of said City, for approval of a Specific
Use Permit for an Industrial Manufacturing Facility with Blending
and/or Packing Facilities, in the Heavy Industrial District (M-2(S))
LEGAL 30.155 acres out of Lot 4, Section 12, H.T. & B.R.R. Company
DESCRIPTION: Survey, Abstract 508, Pearland, Brazoria County, Texas, and
being a portion of that certain tract described in a deed dated
12-29-2000 from Patrick L. Dooley to A.R. Hixson as filed in
Official Records of Real Property of Brazoria County at Clerk's
File Number 01-009725, City of Pearland, Brazoria County,
Texas
GENERAL
LOCATION:
Located on the South Side of Magnolia Street, and East of
Veterans Drive
APPROVAL PROCESS: After this Joint Public Hearing, the requested specific use permit
application will be considered as follows:
Planning and Zoning Commission: July 18, 2005*
City Council for First Reading: August 8, 2005*
City Council for Second Reading: August 22, 2005*
(*dates subject to change if item is tabled)
SUMMARY: The applicant is requesting approval of a specific use permit for an industrial
facility with blending and packing capabilities. The applicant has indicated that the subject
SUP 150
Page 1
property is developed with a company named Forward Enterprises, Inc. Forward
Enterprises purchases bulk materials such as isocyantes, polyols, surfactants, and other
materials, to blend them together to form a polyurethane resin, and then repackage these
blended materials for shipment. The subject property would have outside storage of tanks
and drums for outside storage of the bulk materials, but all blending operations are
contained within the building.
The applicant has indicated that the facility strictly blends the materials together, and that
no chemical reactions take place on the subject property.
The subject property is currently undeveloped.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Light Industrial District(M-1) Existing industrial business
and Heavy Industrial District
(M-2)
South
East
West
Planned Unit Development
District (PUD), for single
family residential uses
Heavy Industrial District (M-2)
Heavy Industrial District (M-2)
and Single Family Dwelling
District (R-2)
Currently undeveloped, but the site
of future single family residential lots
within the Canterbury Park
residential subdivision
Existing industrial businesses
(across the railroad tracks)
Existing industrial facility; single
family residences within the Pearland
Farms residential subdivision
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
subject property is currently zoned M-2. The minimum lot size for the M-2 district is 40,000
square feet, and the minimum lot width is 150 feet. The subject property in its present
configuration meets these minimum requirements, as the subject property is over 700 feet
wide and over 30.00 acres in size.
The applicant will be required to comply with all other requirements of the Land Use and
Urban Development Ordinance.
PLATTING STATUS: Based on the legal description and survey submitted with the zone
change application, it appears that the subject property has not been platted. The subject
SUP 150
Page 2
property will need to be platted 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.
If the applicant is able to submit documentation indicating that the subject property has
been in its present configuration since March 1981, platting may not be required. March
1981 is the effective date of the Subdivision Ordinance, which requires all properties within
the City of Pearland to be platted upon a change in configuration.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "12,000 Square Foot Lots Suburban
Residential" for the subject property. All nearby areas on the south side of Magnolia Street
and on the west side of the Railroad are recommended for residential land uses of varying
lot sizes and densities. The Comprehensive Plan indicates that the properties north of
Magnolia Street are recommended for "Light Industrial" and the properties to the east of
the railroad are recommended for Industrial.
It appears that the subject property was zoned M-2 in 1986 when the original zoning map
was adopted for the City. The 1999 Comprehensive Plan recommended this area for Low
Density Residential. Therefore, the current zoning of the property and the Comprehensive
Plan recommendations have been in conflict for several years.
The proposed facility for packing and blending of material are only permitted by approval of
a specific use permit in the Industrial districts.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Magnolia Street, a secondary thoroughfare with an ultimate right-of-way of 100 feet of
sufficient width. Therefore, since Magnolia Street is of sufficient width, a right-of-way
dedication for Magnolia Street should not be required when the subject property is platted.
No other roadways affect the subject property.
AVAILABILITY OF UTILITIES: A 10 inch water main currently exists along the north side
of Magnolia Street. A 4 inch sanitary sewer force main currently exists within Magnolia
Street along the frontage of the residential subdivision to the west, but does not extend
along the frontage of the subject property. During the review of the building permit
application, utility service will be reviewed.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The subject property is currently
zoned as Heavy Industrial District and has been zoned M-2 since 1986. The proposed
facility for packing and blending facilities, or any other industrial land use, could have a
SUP 150
Page 3
significant impact on surrounding properties, especially the single family residential Tots
under construction to the west of the subject property, as well as the future residential lots
to the south.
If the zone change and specific use permit are 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.
Specific Use Permit Considerations:
The proposed Specific Use Permit is a discretionary item for review by the Planning and
Zoning Commission and City Council, and additional safeguards and conditions can be
placed on the approval of the Specific Use Permit. Because of this, Staff recommends that
the following items be taken into consideration:
1. Screening (fence) between uses. The Land Use Ordinance requires that a 6 foot
high masonry fence be installed between any residential zoning district and any
non-residential zoning district, installed by the non-residential user. Under this
regulation, the applicant would be required to construct a 6 foot high masonry fence
along the western property line where adjacent to the R-2 zoning district.
The future residential property to the south, Canterbury Park, is zoned PUD, which
is a zoning district by itself and not a residential zoning district as defined in the
ordinance (although the property is to be used for residential). The Land Use
Ordinance does not specify that a fence be constructed between a non-residential
tracts and Planned Unit Development Districts. Because the property to the south
will eventually be developed as a future phase of Canterbury Park residential
subdivision, Staff believes that a screening fence should be installed along the
southern property line, in order to provide a safeguard for the future residents.
Therefore, Staff recommends that the Specific Use Permit include the following
requirement: "The applicant install a 6 foot high masonry fence along the entire
southern property line concurrently with the development of the subject property."
The Commission and Council could, as part of the Specific Use Permit, require the
applicant to install the above -mentioned 6 foot high masonry fence along the south
property line, adjacent to the PUD property. However, since the Specific Use Permit
is discretionary, the Council and Commission could enhance the requirement for the
fence and impose a higher fence along the south and western property lines, where
adjacent to the residential land uses. If the fence or a higher fence is desired, the
motion should include specifics on the type, height, and location of the screening
fence.
SUP 150
Page 4
Due to the intensity of the industrial facility adjacent to the residential tracts, Staff
recommends that the specific use permit also include a requirement for a 25 foot
landscape buffer along the south and east property lines, .where adjacent to
residential uses.
PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners
within 200 feet of the subject property under consideration. A legal notice of public hearing
was published in the local newspaper, and a Zoning Sign was placed on the subject
property.
STAFF RECOMMENDATION: Staff recommends approval of the Specific Use Permit for
the described facility, for the following reasons:
1. The subject property is currently zoned as M-2; and the proposed packing and
blending facility is permitted by the approval of a Specific Use Permit in the M-2
district.
2. The existing zoning of the property today could allow the development of an
industrial facility, even though contrary to the residential land use recommendation
stated in the Comprehensive Plan. ;
3. The packing and blending facility would be conducted entirely within the confines of
the proposed building, with outside storage of tanks and drums.
Staff also recommends that the following items be conditions of the Specific Use Permit:
1. The applicant install a 6 foot high masonry fence along the entire southern property
line concurrently with the development of the subject property.
2. The applicant provide a 25 foot landscape buffer along the south and east property
lines, where adjacent to residential 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
• Additional Information Regarding the Industrial Facility
SUP 150
Page 5
900Z `1, AInr uo paiedeid dew
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FUTURE LAND USE PLAN
Specific Use Permit Application
No. 150
0 200 400 Feet
Iiiil I
Map Prepared on July 1, 2005