Ord. 509-800 10-21-05ORDINANCE NO. 509-800
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 20.00 ACRES, BEING THE NORTH ONE-
HALF OF TRACT 2, THE SOUTH ONE-HALF OF TRACT 2, AND TRACT 5,
ABSTRACT 309, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE
OF SMITH ROAD (COUNTY ROAD 666), AND SOUTH OF FM 518
(BROADWAY STREET)) (ZONE CHANGE APPLICATION NO. 1239 &
SPECIFIC USE PERMIT APPLICATION NO. 153) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB), WITH A SPECIFIC USE PERMIT FOR SINGLE FAMILY
RESIDENTIAL USES (GB(S)), AT THE REQUEST OF CHARLES VIKTORIN,
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, Charles Viktorin, owner, filed on August 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 19th day of September, 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 30th day of September, 2005, the Planning and Zoning
1
ORDINANCE NO. 509-800
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Charles Viktorin, owner, whereby
the Commission recommended approval of the change of classification for the
described property from its existing classification of Suburban Development District
(SD) to General Business District (GB), with a Specific Use Permit for Single Family
Residential Uses (GB(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 October 10, 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 Charles Viktorin, 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 General Business District (GB), with a Specific Use Permit for
Single Family Residential Uses (GB(S)), such property being more particularly
described as:
20.00 acres, being the north one-half of Tract 2, the south one-half of Tract 2,
and Tract 5, Abstract 309, H.T. & B.R.R. Company Survey, City of Pearland,
Brazoria County, Texas (Generally Located on the East Side of Smith Road
(County Road 666), and South of FM 518 (Broadway Street))
2
ORDINANCE NO. 509-800
The Specific Use Permit is subject to the following requirements:
1. Only two single family residences be allowed within the overall 20 acre
subject property (the existing residence and the proposed residence to be
rebuilt).
2. The construction of the residences not trigger the screening fence
requirement. However, at such time when the subject property is
developed for general business district uses, the 6 foot high screening
fence would be required to be constructed by the developer in areas
where adjacent to tracts zoned residential.
3. The applicant abide by the setbacks of the GB district for the construction
of the single family residence on the northern lot.
4. The required sidewalk along Smith Road not be constructed with the
construction of the single family residences, but be constructed at such
time when the subject property is developed for general business district
uses.
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.
3
ORDINANCE NO. 509-800
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.
VI1.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
October , 2005.
Irti C::), i-e-J
TOM REID
MAYOR
4
ORDINANCE NO. 509-800
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of October , 2005.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
y2�
TOM REID
MAYOR
5
May 2005
DATE
PAID: 9 15/05
RECEIVED
BY:
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
1/Change in Zoning Classification from: to:
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
(list current zoning) (list proposed zoning)
Specific Use Permit Request for : SiNG(z" efimlc� P144-21-hd5
(list proposed use)
Property Information:
l QM, 3$, A168635
Address: Z�7G,S 5.17,Tt, �1141�MiTlf Tax Account No. QJG 5630
Subdivision: Lot: Block:
Attach a copy of the metes and bounds description, survey, or legal description**
Current use of property
(type of structures on property):
Future/proposed use of property and reason for zone change: '� `� Like"
///
n P P fY--- g Wo UL-p L-1 kt �o �� B�'it.� 6Zr1cKc
/ FT-E72 �; Q� /�a)Q �C,Nc /—n /cY L. 6,a316 i-Ev Wi r-et f i o2 Lim) (.1 pc,4n/
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME i1-4--)21e3 VliCT lL) NAME
ADDRESS al-905—,5, //7r ADDRESS
CITY Pc--t1-1-4704 STATE %( ZIP 7731'f CITY STATE ZIP
PHONE( .)-(1 ) 91 7- 3 `f3 d PHONE( )
FAX( ) 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 1,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:
Agent's Signature:
12/a_g_
Date: g 15"-c2
Date:
OFFICE
US ONLY:
FEES hBOO
PAID: , /,)
APPLICATION
NUMBER: f 3g •4-50/0153
***APPLICATION IS CONSIDERED INCOMPL WITHOUT A METES AND BOUNDS
DESCRIPTION OR SURVEY AN E APPLICATION FEE***
Page 103 of 106
LOCATION MAP
Zone Change Application
No. 1239 &
Specific Use Permit Application
No. 153
N
W+E
s
0 200 400 Feet
I►►►1 I
Map Prepared on August 29, 2005
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 d 20 _ail
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20
day of
a_AU�A ANN EMMONS
Now',;Pottlic, State of Texas
ommesian Expires 09-►9
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Aug. 31 and
Sept. 7, 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. 1239 &
SPECIFIC USE PERMIT
APPLICATION NO. 153
Notice is hereby given that
on September 19, 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
Charles Viktorin, owner, for
an amendment to the Land
Use and Urban
Development Ordinance of
said City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
to General Business District
(GB), with a Specific Use
Permit for Single Family
Residential Uses (GB(S))
on the following described
property, to wit:
20.00 acres, being the north
one-half of Tract 2, the
south one-half of Tract 2,
and Tract 5, Abstract 309,
H.T. & B.R.R. Company
Survey, City of Pearland,
Brazoria County, Texas
(Generally Located on the
East Side of Smith Road
(County Road 666), and
South of 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
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, LIoyd 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 4- 7 20 6
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 CC -
day
of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Aug. 31 and
Sept. 7, 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. 1239 &
SPECIFIC USE PERMIT
APPLICATION NO. 153
Notice is hereby given that
on September 19, 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
Charles Viktorin, owner, for
an amendment to the Land
Use and Urban
Development Ordinance of
said City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
to General Business District
(GB), with a Specific Use
Permit for Single Family
Residential Uses (GB(S)),
on the following described
property, to wit:
20.00 acres, being the north
one-half of Tract 2, the
south one-half of Tract 2,
and Tract 5, Abstract 309,
H.T. & B.R.R. Company
Survey, City of Pearland,
Brazoria County, Texas
(Generally Located on the
East Side of Smith Roac
(County Road 666), and
South of 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
Planning & ZOflin Commission
Recommendation Letter
September 30, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1239 & Specific Use Permit
Application No. 153, a request by Charles Viktorin, owner, for an amendment to
the Land Use and Urban Development Ordinance of said City, for approval of a
change -in zoning district from classification Suburban Development District (SD)
to General Business District (GB), with a Specific Use Permit for Single Family
Residential Uses (GB(S))
Honorable Mayor and City Council Members:
At their regular meeting of September 19, 2005, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Suburban
Development District (SD) to General Business District (GB), with a Specific Use Permit
for Single Family Residential Uses (GB(S)), on the following property:
Legal Description:
20.00 acres, being the north one-half of Tract 2, the south one-
half of Tract 2, and Tract 5, Abstract 309, H.T. & B.R.R. Company
Survey, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the East Side of Smith Road (County Road
666), and South of FM 518 (Broadway Street)
Commission Member Greiner made a motion to recommend approval of the zone
change request, which was seconded by Commission Member locco. The motion to
approve passed 4 — 0. The zone change was recommended for approval by the
Planning and Zoning Commission. The Commission added the following conditions to
the motion for the approval of the specific use permit:
1. The Specific Use Permit be approved with the condition that only two single
family residences be allowed within the overall 20 acre subject property (the
existing residence and the proposed residence to be rebuilt).
Agenda Request 1239&SUP 153
Page 3 of 4
2. The construction of the residences not trigger the screening fence requirement.
However, at such time when the subject property is developed for general
business district uses, the 6 foot high screening fence would be required to be
constructed by the developer in areas where adjacent to tracts zoned
residential.
3. The applicant abide by the setbacks of the GB district for the construction of the
single family residence on the northern lot.
4. The required sidewalk along Smith Road not be constructed with the
construction of the single family residences, but be constructed at such time
when the subject property is developed for general business district uses.
Sincerely,
Planning and Zoning Commission
Agenda Request 1239&SUP 153
Page 4 of 4
i
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KENNEDY CHARLES'W JR TR
KENNEDY CHARLES W JR TR .
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SUBJECT PROPERTY
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BROADWAY ST
200' NOTIFICATION
LIMITS
I
in`accordance with 211.006(a)
►
PATEL SANDEEP N
CHARLES VALENCIA
1TFLA
OWNERSHIP MAP
Zone Change Application
No. 1239 &
Specific Use Permit Application
No. 153
W+E
0 200 400 Feet
I
Map Prepared on August 29, 2005
PROP ID OWNER
R168591
R168591
R168630
R168639
R168598
R168584
R168614
R168638
R168597
R168638
R168596
R168589
KENNEDY CHARLES W JR TR
KENNEDY CHARLES W JR TR
VIKTORIN CHARLES JR
VIKTORIN HENRY C & GLADYS
HILL WAYNE & LESLIE C
CHARLES VALENCIA & CAROLYN HAYNE
GAFFORD ANNE PARMESAN
VIKTORIN HENRY C & GLADYS
COOMES LESLIE C
VIKTORIN HENRY C & GLADYS
COOMES LESLIE C
PATEL SANDEEP N
ZONE CHANGE APPLICATION NO. 1239 AND
SPECIFIC USE PERMIT NO. 153
Property Owner Notification List
ADDRESS
2764 BINGLE RD
2764 BINGLE RD
2905 SMITH RD
PO BOX 534
3810 BROADWAY ST
6731 LIVERPOOL ST
9926 GOLD CUP WAY
PO BOX 534
3810 BROADWAY ST
PO BOX 534
3810 BROADWAY ST
12802 ASPEN TERRACE
CITY
ST ZIP CODE LEGAL DESCRIPTION
HOUSTON TX
HOUSTON TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
HOUSTON TX
HOUSTON TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
CT CYPRESS TX
77055-1135 A0309 H T & B R R, TRACT 1A-4A, ACRES 10.000
77055-1135 A0309 H T & B R R, TRACT 1A-4A, ACRES 10.000
77584-2766 A0309 H T & B R R, TRACT 2 (N/2), ACRES 5.000
77588-0534 A0309 H T & B R R, TRACT 2 (S/2), ACRES 5.000
77584-7713 , A0309 H T & B R R, TRACT 9A, ACRES 1.000
77021-5145 A0309 H T & B R R, TRACT 10-11 (W/2), ACRES 10.000
77065-4122 A0309 H T & B R R, TRACT 8 (UND 1/6 OF 1/2), ACRES 0.813
77588-0534 A0309 H T & B R R, TRACT 5, ACRES 10.000
77584-7713 A0309 H T & B R R, TRACT 9B, ACRES 8.000
77588-0534 A0309 H T & B R R, TRACT 5, ACRES 10.000
77584-7713 A0309 H T & B R R, TRACT 9, ACRES 1.000
77433-1320 A0309 H T & B R R, TRACT 6, ACRES 14.300
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF SEPTEMBER 19, 2005
Zone Change Application No. 1239 &
Specific Use Permit Application No. 153
TO: City Council
Planning and Zoning Commission
SUBJECT: A request by Charles Viktorin, owner, for an amendment to the
Land Use and Urban Development Ordinance of said City, for
approval of a change in zoning district from classification
Suburban Development District (SD) to General Business
District (GB), with a Specific Use Permit for Single Family
Residential Uses (GB(S))
LEGAL 20.00 acres, being the north one-half of Tract 2, the south one -
DESCRIPTION: half of Tract 2, and Tract 5, Abstract 309, H.T. & B.R.R.
Company Survey, City of Pearland, Brazoria County, Texas
GENERAL
LOCATION:
Generally Located on the East Side of Smith Road (County
Road 666), and South of 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: September 19, 2005*
City Council for First Reading: October 10, 2005*
City Council for Second Reading: October 24, 2005*
(*dates subject to change if item is tabled)
SUMMARY: The applicant is requesting a change in zoning on the subject property for
general business district uses, plus a specific use permit for single family residential uses.
ZCA No. 1239 & SUP 153
Page 1
The subject property currently consists of 20 acres of land, with two residences situated on
the acreage, having access to Smith Road. The subject property was annexed into the
City in 1997 and the current zoning district for the subject property is Suburban
Development District (SD), and the existing residences on the property are considered non-
conforming uses within the SD district. One of the existing residences upon the subject
property was damaged by fire a few months ago, and since the subject property is zoned
SD and is a non -conforming use, and more than half of the value of the structure was
damaged, the applicant cannot rebuild the residence without compliance with the Land Use
Ordinance. A zone change is necessary in order for the applicant to rebuild the existing
residence that was damaged.
The applicant is requesting a General Business District (GB) due to the Comprehensive
Plan designation of Retail, Office, and Services that is recommended for the subject
property. In addition, the applicant is requesting a Specific Use Permit for single family
residential uses on the subject property. Single family residential uses are permitted in the
GB district by approval of a Specific Use Permit.
SURROUNDING ZONING AND LAND USES:
North
South
East
Zoning
Suburban Development
District (SD)
Single Family Dwelling District
(R-1); Suburban Development
District (SD); tracts in the ETJ
(not in City limits)
Suburban Development
District (SD)
West Tracts in the ETJ (not in City
limits)
Land Use
Undeveloped tracts '
Undeveloped tracts to the south and
southeast; single family residences
to the south and southwest
Undeveloped tracts; air conditioning
repair company (on an SD tract)
Single family residences;
retail/office/service uses at the
intersection of Smith Street and
Broadway Street
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
applicant is requesting a GB zoning district. The minimum lot size for the GB district is
22,500 square feet and the minimum lot width is 150 feet. The subject property in its
present configuration meets these minimum requirements, as the subject property consists
of 4 tracts, each being over 200 feet wide and 5 acre in size, for a total of 20 acres.
ZCA No. 1239 & SUP 153
Page 2
The applicant will be required to comply with all other requirements of the Land Use and
Urban Development Ordinance, or as specified within this Specific Use Permit.
PLATTING STATUS: Based on the legal description submitted with the zone change
application, it appears that the subject property has not been platted. The subject property
may 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.
However, 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 "Retail, Offices, and Services" for the
subject property and for many of the surrounding properties between Smith -Road and
-Ower Lane, as well as for many properties along Broadway Street. The adjacent property
to the south is designated for suburban residential lots. The properties to the east and
west, separated from the subject property by roadways, are shown as\ low density
residential for the tracts to the west, and suburban residential for the tracts to the east.
Therefore, the proposed zone change for General Business District (GB) conforms to the
Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Smith Road, a local/residential street. The Thoroughfare Plan does not specify any
improvements to Smith Road.
The Thoroughfare Plan also specifies a 60 foot wide collector street located to the east of
the subject property. Since the Thoroughfare Plan provides general locations of
roadways, it does not specify the exact location of roadways. The exact locations of
roadways are determined based on traffic impact analyses. The collector street to the west
may follow the alignment of Ower Lane, thereby intersecting Broadway Street at Sunrise
Meadow Drive, and affecting the eastern property line of the subject tract. Or the collector
street may follow the alignment of another road in the area, and intersecting Broadway
Street at Hillhouse Road. At this time, it is unclear what the alignment of this 60 foot wide
collector will be. Therefore, when the subject property is developed for the general
business district uses, a traffic impact analysis will be required, and at that point, the
location of the 60 foot wide collector street will be determined.
ZCA No. 1239 & SUP 153
Page 3
No other roadways affect the subject property.
AVAILABILITY OF UTILITIES: There is a 16 inch water main located on the south side of
FM 518. There is a 30 inch gravity sanitary sewer line along the north side of FM 518.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The proposed zone change
should not significantly affect the surrounding properties. The proposed zone change to
GB conforms to the Comprehensive Plan designation of retail, office, and service uses.
At this time, the applicant is only proposing to be allowed to rebuild the existing single
family residence on the subject property, and is therefore requesting the specific use permit
for the residential uses. Another residence currently exists on one of the other lots within
the overall subject tract. The applicant has chosen the GB district in order to choose an
appropriate zoning district.that conforms to the Comprehensive Plan, and in order to plan
for the possible future sale of the subject property to a retail or office user.
The subject property is surrounded by residential uses or future residential uses on the
south, east, and west sides. However, currently on the west side of the subject,property,
Smith Road separates the subject property from the residences on the west side of Smith
Road (residences that have access to an internal street within their subdivision). Also, on
the east side, Ower Lane would separate the subject property from the future residential
tracts to the east. Screening between uses is discussed further in this report.
SPECIFIC USE PERMIT CONSIDERATIONS:
1. Uses. The applicant is requesting a GB district, which allows a wide variety of retail,
office, and service uses. The requested Specific Use Permit is to allow for single
family residential uses. The applicant has specifically asked for the allowance of
two single family residences, the existing residence, plus the reconstruction of the
residence damaged by the fire. Therefore, Staff recommends that the Specific Use
Permit be approved with the condition that only two single family residences be
allowed within the overall 20 acre subject property.
2. Screening Fences. If the zone change for GB is approved, the applicant would be
required to provide a 6 foot high masonry screening fence along the south property
line, only where the subject property shares a boundary with the R-1 tract. At this
time, one of the existing residences is located on the lot at the southwest corner,
fronting on Smith Road. The residence to be repaired is located on the lot at the
northwest corner, also fronting on Smith Road. Therefore, Staff recommends that
ZCA No. 1239 & SUP 153
Page 4
the construction of the residences not trigger the screening fence requirement.
However, at such time when the subject property is developed for general business
district uses, the 6 foot high screening fence would be required to be constructed by
the developer in areas where adjacent to tracts zoned residential.
3. Building Setbacks. The building setback lines for the GB district are 25 feet in the
front, 25 feet in the rear, and either 25 feet on the side if adjacent to a different
zoning district or 0 feet if adjacent to the same zoning district. The applicant has
indicated that the structure on the northwestern lot is approximately 25 to 30 feet
from the north property line, and the structure on the southwestern lot is at least 75
feet from the south property line, due to a recorded 75 foot wide easement
dedicated to the M.U.D district to the south. Therefore, Staff recommends that the
applicant abide by the setbacks of the GB district for the construction of the single
family residence on the northern lot.
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 GB,
with a Specific Use Permit for single family residential uses, as proposed by the applicant,
for the following reasons:
1. The proposed zone change provides for General Business District uses, consistent
with the "Retail, Office, and Service" uses as recommended by the Comprehensive
Plan, thereby being in conformance with the Comprehensive Plan.
2. The proposed zone change is consistent with existing GB zoning districts along
Broadway Street and existing businesses that are not within the City limits along
Broadway Street west of Smith Road.
3. The proposed Specific Use Permit would allow the applicant to reconstruct an
existing residence that was damaged by fire, but would have a base zoning district
of GB for future non-residential use of the property.
If the Specific Use Permit is approved, Staff recommends the following items be approved
as conditions of the specific use permit:
4. The Specific Use Permit be approved with the condition that only two single family
residences be allowed within the overall 20 acre subject property (the existing
ZCA No. 1239 & SUP 153
Page 5
residence and the proposed residence to be rebuilt).
5. The construction of the residences not trigger the screening fence requirement.
However, at such time when the subject property is developed for general business
district uses, the 6 foot high screening fence would be required to be constructed by
the developer in areas where adjacent to tracts zoned residential.
6. The applicant abide by the setbacks of the GB district for the construction of the
single family residence on the northern lot.
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. 1239 & SUP 153
Page 6
ZONING MAP
Zone Change Application
No. 1239 &
Specific Use Permit Application
No. 153
N
W — E 0 200 400 Feet
S 11111 I
Map Prepared on August 29, 2005
-Wfmtro fir
FUTURE LAND USE PLAN
N
W�E
s
Zone Change Application
No. 1239 &
Specific Use Permit Application
No. 153
0 200 400 Feet
11111
Map Prepared on August 29, 2005
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I,- LCoyd 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 • F
20 a 5
No. Date 20
No. Date 11 20
No • .Date I
1
No. Date ( 69-
Subscribe and sworn to before me this / 2-744.
Tr.
20 t
pfty Pve
,° LAURA ANN EMMONS
r� Notary Public, State of Texas
Commission Expires 09-09-2006
day. of.
e.
Laura Ann Emmons, Publisher
Notary Public, State of. Texas • .
7crie-P arip AA.P. 1V31 S17L, (,is Rrniri- App. 153
•
Published July 27 and
- August 3, 2005
NOTICE OF P JOINT
PUBLIC HEARING OF THE .
CITY COUNCIL AND'THE
PLANNING AND ZONING
COMMISSION OF THE
' CITY OF PEARLAND,
TEXAS
ZONE CHANGE
'APPLICATION NO. 1239 &
SPECIFIC USE PERMIT
APPLICATION NO. 153
Notice is -hereby given that
on August 15, 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
Henry C. and Gladys 1
Viktorin .and ; Charles
Viktdrin, Jr;, owners, for an -
amendment to the Land
Use and Urban -Develop-
- merit Ordinance of said
City, for approval of a
change in zoning district
from classification Suburban
Development' District (SD) ,;
to Office and Professional '
District (OP),.and a Specific
Use.. Permit for Single
Family. Residential Uses, on
the following described
property, to wit:
20.00 acres', being the north
one-half of Tract 2, the
south one-half of Tract 2;
and Tract 5, Abstract 309,
H.T..& B.R.R. Company
Survey, City of Pearland,
Brazoria County, Texas
(Generally, Located on the
East Side of Smith ,Road
(County Road 666), and
South of 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. -
f -r /s/-Theiesa'Grahmann'--t
Seriior'Pianrter; -=
Published July 27, August 3
and August 10, 2005
AFFIDAVIT OF PUBLICATION
3OP 16
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 S' 63— 20
No Date 20
No Date 20
No Date 20
- No. Date 20
Subscribe and sworn to before me this
20 (03
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09•2000
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published July 27 and
August 3, 2005
NOTICE OF A JOINT .
PUBLIC•HEARIt.G OF THE •
CITY COUNCIL AND THE '
PLANNING AND ZONING •
COMMISSION OF THE
CITY OF PEARLAND,
" TEXAS
•
' ZONE CHANGE
APPLICATION NO. 1239 &
SPECIFIC USE PERMIT
APPLICATION NO. 153
Notice is hereby given that
on August 15, 2005, at 6:30
' p.m., the City Council and ;
Planning • and Zoning
Commission of the City of
Peartand, in Brazdria, 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
;Henry • C. and Gladys
;Viktorin 'and Charles
Viktorin, Jr., owners, for an
amendment to the Land '
Use and Urban Develop-
ment Ordinance of said
City, for approval of a
change in zoning district
! from classification Suburban
Development District (SD)
to Office and Professional
L District (OP), and a Specific
Use Permit '.far Single
Family Residential Uses, on
the following described
'property, to wit:•
20.00 acres, being the north
;one-half of Tract 2, the
!south one-half of Tract 2;
kand Tract 5, Abstract 309,
& B.R.R. Company ,
'Survey;City of Pearland,
"Brazoria County, Texas
:(Generally Located on the
'East Side of Smith Road ;
(County Road 666), and ;
'South of FM 518 (Broadway ,
,Street))
(At said hearing all Interest- '
'ad parties shall have the
trigh.t and opportunity to
appear and be heard on the '
;subject. •
- _ I
fs/ Theresa Grahmann
;Senior Planner