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Ord. 509-805 10-10-05ORDINANCE NO. 509-805 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 3.269 ACRES, BEING LOT 8 OF THE ORANGE GROVE ADDITION RECORDED IN VOLUME 2, PAGE 62 OF THE HARRIS COUNTY MAP RECORDS, CITY OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF BELTWAY 8 AND ALMEDA SCHOOL ROAD) (ZONE CHANGE APPLICATION NO. 1244) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD) AT THE REQUEST OF TIM STOVALL, 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, Tim Stovall, owner, filed on August 16, 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 Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Tim Stovall, owner, whereby the 1 ORDINANCE NO. 509-805 Commission recommended approval of the change of classification for the described property from its existing classification of Light Industrial District (M-1) to 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 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 Tim Stovall, 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 Light Industrial District (M-1) is hereby zoned to Planned Unit Development District (PUD), in accordance with all conditions and requirements listed in the Planned Unit Development (PUD) Document, also known as Exhibit "C" attached hereto and incorporated for all purposes, such property being more particularly described as. 3.269 acres, being Lot 8 of the Orange Grove Addition recorded in Volume 2, Page 62 of the Harris County Map Records, City of Pearland, Harris County, Texas (Generally Located at the Southeast Corner of Beltway 8 and Almeda School Road) II. The City Council of the City of Pearland finds and determines that the recitations 2 ORDINANCE NO. 509-805 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. VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509 and consistent with the approval herein granted for the reclassification of the herein above described property. 3 ORDINANCE NO. 509-805 VII- 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. ATTEST: UNG Tv S CRETAR TOM REID MAYOR 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 TOM REID MAYOR 4 May 2005 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: [hange in Zoning Classification from: /!' to: /Pa& (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) (list current zoning) Property Information: Address: /4j 5 AV,„/. ,47 S i/ Reax Account No. (YYf4O5 006'1 Subdivision: Lot: Block: ** Attach a copy of the metes and bounds description, survey, or legal description** Current use of property 6.1.4A'fgett-Sr,✓rr, 0.1.5!Rterd.iTs1.4/, `�d'4 '`�'. (type of structures on property): /CA'$ 7,/X77 ,G .tgutL27:2-.4/Gj, Future/proposed use of property and reason for zone change: a3e LtJ.CLL A-41a Cclt ,4'•✓ Csorced f( gt,to 3"1-/ GISz5-- -do 2;2 PROPERTY OWNER INFORMATION: NAME /.3r4,, L NAME ADDRESS 7'4/d CA'co'k ,CFar </ ADDRESS CITY L!/J>BLk-' STATE ZIP %73," CITY PHONE(jtff/ ) gB2- PHONE( FAX( 7/.,) Cs 9/ APPLICANT INFORMATION: FAX( ) E-MAIL ADDRESS 7VSTOY9CLa.SBCtclif$4 jIe/ MAIL ADDRESS PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Date: L4117/i4Oa5---- Owner's Signature: Agent's Signature: Date: OFFICE USE FEES PAID: fr ONLY: �p APPLICATION �Q��i NUMBER: ***APPLICATION IS CONSIDERED INCOMPLE WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND APPLICATION FEE*** DATE 0 PAID: RECEIVED BY: Page 103 of 106 111 AM HOUSTON PK AM IN SUBJECT PROPERTY Mit I I sion MEM Shadow Creek Pkw• S 8 FWY oil NI lluatil WIPP' 0 0 0 CD LOCATION MAP Zone Change Application No. 1244 W+E 0 I 500 1,000 Feet Map Prepared on August 29, 2005 9R.R' 1 1 1 1 I I I X igl.0a,O'Vg-1--c»O W o C:CQ1ac. 6"• o.�;r5.x ao�43g.30.0'7'0im9oom9' 0 i44 o.� am �..o q i,� 0 ° X pp m I l mzC yOj-m 00 m!^ o34s'a'3-Oc 3P0.2:o ono 0 r • 1i°m�"� o a_.o a 0, 0r o,n X v'�oo="Z,oig:64axn1`�oE p'o35 P9o<a° s o n a� I C7 mon."oamscW5- 30ao w s.amg ;3-:al •f o I au n23.-°.�0>0n 15 .,°gym Q,R o^O�-Q-'n v —+ I CnA 00,0 0, 0 c S c 0 ,0., `� tmn rn X OD to, 00 . 'o � �m ° 1_ o 0 !11i r� I W C CI"4n00ov Co D V o ^1n omPA 01 ¢ O Imim = a rt $ '<q AI o" O x .00_ (O. W I 7 m N CD > X CD 3 I m m a co O§ 0) Z 5 m x Ca 1' 0 MX m a 1.-.) 2 I; S x z C 9 o CP m m i 0 co x g o 6 i > > O4" X 414' 2 1 Er vp ALMEDA SCHOOL ROAD (60' R.O.W.) C:N 00° 36' 12" E - 200.00' M:N 02° 56' 13" W - 200.00' to • a 0 P gg :� Scs. • isJOT a m 50.1' 100.2' 50.1' w 0 tst C:S 00° 00' 00" W (per Original Deed) C:S 02° 23' 56" E - 224.91' (per State Deed) 0 ()v:)' goo 4 i 0 0 C) Z co Z m co 0 A �1 - P m�W 0 5 IV in N m(D va m 2 AVMI138 1A 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: 1 Date (�G / .. 20 (0- No. Date 20 No. Date 20 No. Date 20 No. Date 20 i; Subscribe and sworn to b 20 CS-7 • • v nu, RNNE LA State of 'Texas NOW `Public, $• 'J GOITIOSSion Expires 09-09-200G * gr ' l� 1, 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. 1244 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 Tim Stovall, owner, 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 Light Industrial District (M-1) to Planned Unit Development District (PUD), on the fol- lowing described property, to wit: 3.269 acres, being Lot 8 of the Orange Grove Addition recorded in Volume 2, Page 62 of the Harris County Map Records, City of Pearland, Harris County, Texas (Generally Located at the Southeast Corner of Beltway 8 and Almeda School Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa. Grahmann Senior Planner STATE OF TEXAS DL;UI MBLK I), 2UU4 EXHIBIT 1 B HARRIS COUNTY METES AND BOUNDS DESCRIPTION ALMEDA SCHOOL ROAD AND BELTWAY 8 HOUSTON, TEXAS BEING A 3.2691 ACRE TRACT OF LAND OUT OF LOT 8, THE ORANGE GROVE ADDITION, RECORDED 1N VOLUME 2 , PAGE 62 OF THE HARRIS COUNTY MAP RECORDS, ALSO DESCRIBED IN RIGHT-OF-WAY DEED FOUND IN VOLUME 3933, PAGE 394 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, REFERENCED ON HEREIN DESCRIBED PLAT AS "ORIGINAL DEED", ALSO REFERENCED AS PREVIOUS SAVE AND EXCEPT TO THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION RECORDED IN HARRIS COUNTY CLERK'S FILE NO. L418887 DESCRIBED ON PLAT AS "STATE DEED", SAID 3.2691 ACRES MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Bearings based on the South right-of-way line of Beltway 8 being North 87 Deg. 33 Min. 34 Sec. East; BEGINNING at a %z inch iron rod with cap set for the Southeast corner of said Lot 8, said point also lying in the North line of a referenced 60.00 foot road known as White Road; THENCE South 87 Deg. 36 Min. 37 Sec. West, with the South right-of-way line of Beltway 8 (300 foot right-of-way), a distance of 630.58 feet (called South 89 Deg. 20 Min. 48 Sec. West, 630.00 feet per original deed) to a'/2 inch iron rod set in the Easterly line of Almeda School Road (60.00 foot right-of-way); THENCE North 02 Deg. 56 Min. 13 Sec. West, (called North 00 Deg. 36 Min. 12 Sec. East), along the East line of said Almeda School Road, a distance of 200.00 feet to a Texas Department of Transportation E.-ass disk lying in the Southeasterly cut -back corner of said Almeda School Road and Beltway %: (300.00 foot right-of-way); THENCE North 42 ,Deg. 52 Min. 25 Sec. East, a distance of 35.50 feet (called North 89 Deg. 43 Min. 41 Sec. West, 35.56 feet), along said cut -back corner, to a Texas Department of Transportation brass disk lying in the South line of said Beltway 8; THENCE North 87 Deg. 33 min. 34 Sec. East, with the South right-of-way line of Beltway 8 (300.00 foot right-of-way), a distance of 611.25 feet , (called North 89 Deg. 20 Min. 48 Sec. East, per original deed and called North 89 deg. 20 Min. 48 Sec. East, 607.71 feet per State deed) along the South line of said Beltway 8 to a found 5/8 inch iron rod; THENCE South 01 Deg. 22 Min. 48 Sec. East, with the West line of tracts of land recorded in Harris County Clerk's File No's S778898, S778999, S778900, S778901 and S833433, a distance of 225.56 feet (called South 02 Deg. 23 Min. 56 Sec. East, 224.91 feet per State Deed and called South 00 Deg. 00 Min. 00 Sec. West, per original deed), along the East line of said Lot 8 to the POINT OF BEGINNING, containing 3.2691 acres of land, more or less. PLAT ATTACHED Gullett & Associates, Inc./Ni&B'S/Job#00070509A a 6 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" 20 5 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me 206 Lau':''' 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. 1244 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 Tim Stovall, owner, 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 Light Industrial District (M-1) to Planned Unit Development District (PUD), on the fol- lowing described property, to wit: 3.269 acres, being Lot 8 of the Orange Grove Addition recorded in Volume 2, Page 62 of the Harris County Map Records, City of Pearland, Harris County, Texas (Generally Located at the Southeast Corner of Beltway 8 and Almeda School Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. Isi Theresa Grahmann Senior Planner Planniiig & Zoning 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. 1244, a request by Tim Stovall, 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 Light Industrial District (M-1) to Planned Unit Development District (PUD) 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 Light Industrial District (M-1) to Planned Unit Development District (PUD), on the following property: Legal Description: 3.269 acres, being Lot 8 of the Orange Grove Addition recorded in Volume 2, Page 62 of the Harris County Map Records, City of Pearland, Harris County, Texas General Location: Generally Located at the Southeast Corner of Beltway 8 and Almeda School Road 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. Sincerely, Planning and Zoning Commission Agenda Request 1244 Page 3 of 3 Almeda School Road PLANNED UNIT DEVELOPMENT (P.U.D.) 14525 Almeda School Road, Houston, Texas 77047 Overview The construction of the 21,250 Sq.Ft. building located at 14525 Almeda School Road, Houston, Texas 77047, was completed August 2000, and the property was then annexed by the City of Pearland November 2000. The facility is located on the Western most boundary of Pearland's Spectrum district corridor, at the corner of Almeda School Road and the Beltway-8 East bound feeder and is presently zoned M-1 Light Industrial. The existing building is an attractive pre-engineered structure constructed of 26 gauge vertical ribbed metal panels factory coated with siliconized polyester paint accented with 24 gauge factory coated siliconized polyester painted metal gutters with matching downspouts and a 24 gauge factory coated siliconized polyester painted metal roof; all materials are attached using exposed fasteners painted to match. Purpose To modify the existing structure and property in a cost effective manner appropriate to its pre-existing nature, M-1 classification and environmental surroundings. Though a majority of the modifications contained herein are presently "grandfathered" and do not require alterations at this time, it is the desire of the property owner to correct existing "non - conformities" and establish suitable corrective measures. EXISTING LAYOUT Beltway-8 East Bound Feeder 4 White Road R.O.W. Concrete ® Trees Crushed Asphalt ■ Grass Existing Structure Drainage/Detention BOBCAT LAYOUT Beltway-8 East Bound Feeder 0 Concrete ED Crushed Asphalt 0 Existing Structure ■ Trees ■ Grass 111 Drainage/Detention P.U.D. Guidelines Ingress/Egress 1. In the event and consideration of the unencumbered conveyance of the abandoned R.O.W. (60' x 630'), the existing driveway will be abandoned. The new vehicle entrance, via White Road R.O.W., will be constructed within 12-months of the City's abandonment of the R.O.W. 2. The new curb -cut for the R.O.W. will be forty-five (45) feet in width and constructed in accordance with the City of Pearland guidelines. 3. The new driveway will be constructed of the same material as is presently utilized for the existing driveway; compacted soil with crushed asphalt surface. Facade In an effort to meet a simulated appearance to that defined by the LNR PUD, located at the heart of the Spectrum District, the following guidelines will be maintained: 1. Existing Exterior (see below) a. The North side of the building will be 70% E.F.I.S. (15.4') and 30% paint b. The West side of the building will be 70% E.F.I.S. (15.4') and 30% paint c. The East and South side of the building will be 100% Paint; using the continued color scheme of the North side of the building. 2 Facade Format West Side • Almeda School Rd. 70% E.F.I.S. & 30% Paint East Side Ali Painted E.F.LS • Unless Otherwise Stated Accent Paint South Sine - Facing Sandpit All Painted North Side • Beltway-8 70% E.F.I.S. & 30% Paint 2. Add-on/Build-out for Existing Structure a. May utilize same materials as the existing structure (to promote visual continuity and uniformity). i. Will adhere to the 70% masonry and 30% paint scheme on the visible North and West sides of the building. ii. The East and South sides of the building will be 100% Paint; using the continued color scheme of the North side of the building. 3. New Free Standing Structures a. May utilize same materials as the existing structure (to promote visual continuity and uniformity. i. Will adhere to the 70% masonry and 30% paint scheme on all visible sides of the building or provide adequate screening, as required by Ord. 509-H (if visible from the Beltway-8 Feeder or Almeda School Road). 4. All stated pre-existing facade non -conformities to be corrected, as specified herein, by December 31, 2006. 3 Landscape 1. The North side of the property along the building is exempt from trees and shrubs due to the lack of property boundary spacing in relation to the Beltway-8 East bound Feeder. The exempted trees and shrubs will be repositioned to another location on the premises. Parking 1. The parking area will be constructed of the same material as is presently utilized; compacted soil with crushed asphalt surface. Setbacks 1. The existing structure has already received a variance for a North side yard setback. 2. Parcel 'B' - Although a variance has been granted for the North side yard setback, the Beltway side, of the building, the division of the building will result in parcel `B' having a new yard configuration; thereby, making the North side its new front yard. a. Parcel `B' — will have a 6.5 foot front yard setback. b. Parcel 'B' — will have a 5 foot West side yard setback, where the building is being separated. 3. Parcel `A' - will have a 5 foot East side yard setback, where the building is being separated. 4. The Well House has received a waiver of encroachment for its close positioning to Almeda School Road; it will remain "as is" until such time as city water becomes available. Sidewalks 1. A permanent abandonment of the sidewalk along the Beltway-8 feeder road. 2. The 6' x 245' sidewalk along Almeda School Road frontage will require placing funds, equal to the cost of its construction, in an escrow account for 10 years. In the event a sidewalk is not constructed by the end of that time, the money will be refunded. Fencing 1. The existing 6' cyclone (Chain -Link) fence, with 3-strands of barbed wire at the top, will be utilized to complete the envelopment of the property; OR 2. Other approved fencing materials allowed by City of Pearland. Signage 1. Four hundred and seventy-five (475) Sq. Ft. of total signage for each parcel. Any and all other requirements will adhere to the applicable ordinances established by the City of Pearland. 4 • 2Ul-4 la 200' NOTIFICATION LIMITS SUBJECT PROPERTY S SAM HOUSTON PKWY • r 7' I 6t1SiON -P Ili III S 8 FN1Y 111111111 OLDFIELD FAMILY LTD PTSHP SAND LAND INC Property Owners within ETJ notified by Legal Notice only, in accordance with 211.006(a) 111111 1111 • MI :Ma RILEY RD OWNERSHIP MAP Zone Change Application No. 1244 0 200 400 Feet hill I Map Prepared on August 29, 2005 CITY OF PEARLAND PLANNING & ZONING JOINT PUBLIC HEARING DATE: September 8, 2005 TO: City Council and Planning and Zoning Commission FROM: Lata Krishnarao, AICP, Planning Director SUBJECT: Joint Public Hearing regarding a Planned Unit Development (PUD) proposed at the intersection of Beltway 8 and Almeda School Road (14525 Almeda School Road, Houston). The attached document is a proposed Planned Unit Development (PUD) that is scheduled for a Joint Public Hearing of the City Council and Planning and Zoning Commission on September 19, 2005. This PUD was discussed on August 15th, 2005 at a joint workshop for discussion. Based on the Council and Commission's comments at that workshop the applicant has finalized the PUD. The applicant will be available to make a presentation to the Council and the Commission at this public hearing and address questions and concerns. SUMMARY: The subject property is located on the south side of Beltway 8 and east side of Almeda School Road. The subject property is approximately 3.2 acres. The subject property is currently zoned "M-1" — Light Industrial District. A 21,250 sq. ft. building exists on site and is being used by Ameripak, a packaging materials distribution company. The existing building is a pre- engineered structure constructed of a combination of 26 and 24 gauge vertical ribbed metal panels factory coated with siliconized polyester paint. The property was annexed into the City of Pearland in 2001 and the existing building was constructed prior to the annexation. The existing site and building do not conform to the requirements of the Land Use and Urban Development Ordinance and are therefore non -conforming. The non - conformities include facades, landscaping, parking, sidewalks, setbacks, etc. 1 Proposed PUD -Intersection of Beltway 8 & Almeda School Road The applicant had applied to the Zoning Board of Adjustments (ZBA) for variances on facade requirements and was denied the variance request. The ZBA did grant a variance to reduce the setback along Beltway 8 feeder road. PROPOSAL: The applicant is proposing to subdivide the subject property into two parcels as shown in the attached PUD. The applicant is proposing to remove 12 feet of the building along the common property line to physically separate the buildings. The driveway along Almeda School Road will be relocated on White Road right of way, which will be abandoned by the City Both parcels will have access from a White Road ROW that will be paved with crushed asphalt. The applicant is also proposing to extend the existing 6' cyclone (chain -link) fence with 3 strands of barbed wire at the top to completely envelope the property. The PUD application proposes variances from the Ordinance with respect to setbacks, sidewalks, building facades, and signage. Following is a summary of deviations proposed. Facades: Requirement: Based on the location of the building and site, the Ordinance requires that all four sides be 100%. masonry or glass. The existing metal panels are not in conformance with this requirement and therefore all four facades are currently non -conforming. Proposal: The applicant is proposing 70% EIFS and 30% paint for north and west side. The east and south side will be 100% paint. This will apply to any addition to the L-shaped structure also. All new freestanding structures will be 70% masonry and 30% paint for all sides visible from Beltway 8 and Almeda School Road. Landscaping: Requirement: The Ordinance requires basically three types of landscaping. a. Street trees (minimum 1' caliper for every 15 feet of frontage of site along Almeda School Road and Beltway 8 Frontage Road. b. Parking lot tree at a rate of 1 caliper inch per parking space. c. Shrubs to screen parking from streets. d. Three percent of gross site area or ten percent of net site area to be landscaped The existing site does not meet these requirements. Proposal: Except for the North side of the property where landscaping is difficult due to reduced setbacks, the applicant will meet all other requirements of the Ordinance in terms of total quantity of landscaping required. 2 Proposed PUD -Intersection of Helhvay 8 & Almeda School Road Parking: Requirement: The Ordinance requires paved and striped parking spaces based on the use of the building. The existing site is not in compliance. Proposal: All parking areas and maneuvering spaces will be paved with crushed asphalt. Only the driveway apron will be constructed of concrete. S idewalks: Requirement: Six-foot sidewalks are required along Almeda School Road and Frontage Road. There are no sidewalks at present. Proposal Applicant is seeking a waiver of sidewalks along Frontage Road and willing to make a payment to the City's sidewalk fund in lieu of providing sidewalks along Almeda School Road. Setbacks Parcel A East side — Requested 5'. Required — 25' North side — Variance approved already. Existing 6-12', Required 35' West side — Existing meets or exceeds the required 35' South side — Existing meets or exceeds the required 25' Parcel B East side - Existing meets or exceeds the required 25' North side — Requested 6-12 as exists. Required 35'. West side — Requested 5'. Required 25' South side — Existing meets or exceeds the required 25' S ignage Permitted: Maximum of 300 sq ft. for each parcel. Proposed: Allow 475 sq. ft. of total signage for each of the two parcels. S URRROUNDING ZONING AND LAND USES: N orth Zoning Land Use N/A Beltway 8 S outh M-1 (Light Industrial) Sand pit and predominantly vacant East West M-1 (Light Industrial) Predominantly vacant ETJ Predominantly vacant with some industrial uses 3 Proposed PUD -Intersection of Beltway 8 & Abneda School Road CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan has designated this area as "Spectrum District" and recommends that this area "should be differentiated from the more general Business Park designation in order to identify it as a more unique area of the City.' The Comprehensive Plan also recommends that this area be developed as a distinct gateway announcing the City of Pearland and include a comprehensive streetscape program with medians, street trees, cohesive lighting, pedestrian walkways, etc., with water features and view corridors. The site falls in the western boundary of the Spectrum District that is designated for Light and Heavy Industrial District. EXISITING CHARACTER OF THE AREA: The area in general is characterized by vacant land and some industrial uses. A sand pit exists to the south of the site. The site and existing building is highly visible from Beltway 8. PRELIMNARY STAFF REVIEW COMMENTS Staff has conducted a preliminary review and has the following observations. Additional comments may be forthcoming based on the discussion at the Joint Public Hearing and further review by staff. 1) Staff recommends that all new additions (to the existing building and free standing) meet all the requirements (including facade requirements) of the Unified Development Code as adopted by the Council. 2) Staff has not reviewed the proposal for conformance with the requirements of the Land Use Ordinance in terms of lot coverage, parking etc Detailed review will be done at the time of issuance of a building permit. 3) A subdivision approval will be required from the Planning and Zoning Commission and at that time all requirements of the Subdivision Ordinance need to be complied with. Each parcel would need to meet the minimum area requirement of 40,000 sq. ft. for M-1 zone 4) Staff recommends that a note be added under Landscaping stating - "all other landscaping requirements of the city will be met". SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan • Proposed Planned Unit Development 4 Proposed PUD -Intersection of Beltway 8 & Alined(' School Road FUTURE LAND USE PLAN Zone Change Application No. 1244 0 500 1,000 Feet I 1 1 1 I I Map Prepared on August 29, 2005 ZONING MAP Zone Change Application No. 1244 0 500 1111 1,000 Feet I Map Prepared on August 29, 2005 TAX ACCOUNT OWNER 0280640050067 0280640050009 0280640050005 0280640050085 ARMOR EDGE INC TIM STOVALL SAND LAND INC% ED SNAVELY OLDFIELD FAMILY LTD PTSHP SAND LAND INC% ED SNAVELY ZONE CHANGE APPLICATION NO. 1244 Property Owner Notification List ADDRESS ALMEDA SCHOOL RD & WHITE 7610 FALL CREEK BEND 2700 POST OAK BLVD STE 1770 29014 MISTY OAKS DR 2700 POST OAK BLVD STE 1770 CITY ST ZIP LEGAL DESCRIPTION HOUSTON TX 77047 TR 8 ORANGE GROVE - BLACKBURN HUMBLE TX 77396 PROPERTY OWNER HOUSTON TX 77056 PT TRS 9 10 11 & 12 (AG -USE) ORANGE GROVE - BLACKBURN HUFFMAN TX 77336 TR 6C IN LTS 5 & 6 ORANGE GROVE - BLACKBURN HOUSTON TX 77056 PT TRS 9 10 11 & 12 (NON AG -USE) ORANGE GROVE - BLACKBURN