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Ord. 509-820 03-13-06ORDINANCE NO. 509-820 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 1.00 ACRE TRACT, TRACT 2A, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 242, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND WEST OF TRANQUILITY LAKE BOULEVARD) (ZONE CHANGE APPLICATION NO. 2006-09Z) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS), AT THE REQUEST OF SUDERSHAN JAMBULAPATI, APPLICANT FOR JOSEPH B. BENES AND JEWEL H. BENES, OWNERS, 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, Sudershan Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, owner, filed on December 19, 2005, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use as provided for in said Section 28, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A"; and WHEREAS, on the 16th day of January, 2006, 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 16th day of February, 2006, the Planning and Zoning 1 ORDINANCE NO. 509-820 Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Sudershan Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, 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 Neighborhood Service District (NS); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on February 27, 2006; 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 Sudershan Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I . The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) is hereby zoned to Neighborhood Service District (NS), such property being more particularly described as: 1.00 acre tract, Tract 2A, H.T. & B.R.R. Company Survey, Abstract 242, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of FM 518 (Broadway Street), and West of Tranquility Lake Boulevard) 2 ORDINANCE NO. 509-820 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. 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 3 ORDINANCE NO. 509-820 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 27th day of February , 2006. TOM REID MAYOR ATTEST: NGI G, Y SE RETAR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th day of March , 2006. ATTEST: APPROVED AS TO FORM: 0,_ DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 12.19 05 MON 15;59 FAA 21 240 9108 JOSEPH B. BENES ASSO. DEC 19,2.005 15:33 Bobby Thompson 28)9928329 IA002 Page APPLICATION FOR A CHANGE IN ZONING Please check one: City of Peat -land Community Developtinent 5523 Liberty Dove (Community Center) Pearland, Texas f758I 281.652 1639 281-652 1702 lax www.ci,peariand.tx.th; Change in Zoning Classification from:,. G Qistetirrafit t (gel proposed toning) Specific Use Permit Request for : Property Information: 91st pep%aemi ust1 Address: 7 q bZ 13R ft -6 Lt4)hi ([1.-tt Y)_Pros-Tyg..r -17e- Sijhvn:-c2 H Lot: 2- Biock:_lAcTe Fax I.D. Number. 6 4, a 0 PI_ ono For unplatted property, attach a copy of the metes and bounds description** Current use of property (typo ot structures on property): 2 r_tana Atme., Future/proposed use of property and reason for zone change: Bella() St,14 Tit PROPER-1Y OWNER INFORMATIOrrt NAM S 3-05E06 *5- tat4e_Sj.e1R-tar eL k. te..,es ADDRESS I rus:v .C‘vit* 13D STATE TY, ZIP 7747 pfioNE( 26' I ) (PO .1.1.1_0 FAX( - C / 68' F MAit ADDRESS APPLICANT INFORMATION:3 NA ,„Lt,t,„, A MiSuLne4 ADDRESS&-44-- CITY -CL•ii.'s..414.o-cot STATE 7.11P 1.1 -1 7 PHONECIVU e ci Lf- FAX( 'al / LS 11 C. 6 1 E-MAIL ADDRESS IZO F _!.; 7 El ID (6." f ITION: As owner/agent, I hereby petition the City of Pearland tor approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Peatiand. 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 1 am fully responsible for the correctness of the legal description give Owner's Signature Agent's Signatu 1494 iti--"*.2176.a6,41 d*Wellate: ,i_.,11ALkeAc„ Date:_.A.411.2 OFFICE USE ONLY: YESES PAID; f*,CE1VED BY: • Ca, j_ DATE PAID: \‘'.---A4-1 APPLICATION NO .20.0 (4:OJZ nwr lq.2nn “;•in THE MTLLTS (-4EP 7R1 9an Paae 2 Z 73 WATERLILLY LN m 7i r QUIET TRACE LN O D x 73 v LOCATION MAP N W±E Zone Change No. 2006-09Z 0 200 400 Feet (1111 Map Prepared on December 16, 2005 AFFIDAVIT OF PUBLICATION 5'ec( ')6 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 M - 2 $ 20 o3T No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 0M day of Ski Laura Ann Emmons, Publisher Notary Public, State of Texas Published Dec. 28, 2005, and Jan. 4, 2006 NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE NO. 2006-09Z Notice is hereby given that on January 16, 2006, 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, located at 3519 Liberty Drive, Pearland, Texas, on the request of Sudershan Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, 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), on the following described property, to wit: 1.00 acre tract, Tract 2A, H.T. & B.R.R. Company Survey, Abstract 242, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of FM 518 (Broadway Street), and West of Tranquility Lake Boulevard) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. Is/ Theresa Grahmann Senior Planner occz 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 0 1 20 bG No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this day of 20 ♦•-•••.•,•s,•.•r.•.•.•.rA•••,••••••••-60• • r • • ..r.-.. •........ •, • • • • • . • • • . • • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 ...• Laura Ann Emmons, Publisher Notary Public, State of Texas LEGALS COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE NO.2006-09Z Notice is hereby given that on January 16, 2006, 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, located at 3519 Liberty Drive, Pearland, Texas, on the request of Sudershan Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, 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), on the following described property, to wit: 1.00 acre tract, Tract 2A, H.T. & B.R.R. Company Survey, Abstract 242, City of Pearland, Brazoria. County, Texas (Generally Located on the South Side of FM 518 (Broadway Street), and West of Tranquility Lake Boulevard) 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 & Zoning Commission Recommendation Letter February 16, 2006 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 09Z, a request by Sudershan Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, 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 Neighborhood Service District (NS) Honorable Mayor and City Council Members: At their regular meeting of February 6, 2006, the Planning and Zoning Commission considered the request for a change in zoning district from classification Suburban Development District (SD) to Neighborhood Service District (NS), on the following property: Legal Description: General Location: 1.00 acre tract, Tract 2A, H.T. & B.R.R. Company Survey, Abstract 242, City of Pearland, Brazoria County, Texas Generally Located on the South Side of FM 518 (Broadway Street), and West of Tranquility Lake Boulevard Commission Member Greiner made a motion to recommend approval of the zone change request, which was seconded by Commission Member West. The motion to approve passed 6 — 0. The zone change was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Agenda Request 09Z Page 3 of 3 WATERLILLY LN v z r z BROADWAY ST Property Owners within ETJ. notified by Legal Notice only, in accordance with 211.006(a) LEBON CHARLES HILL BETTY P (FM 518) SUBJECT PROPERTY r 200' NOTIFICATION LIMITS z m 0) v OWNERSHIP MAP Zone Change No. 2006-09Z 0 200 400 Feet 11111 Map Prepared on December 16, 2005 PROP ID OWNER R263874 LEBON CHARLES SUDERSHAN JAMBULAPATI R508368 HILL BETTY P%JOSEPH B BENES R166350 BENES JEWEL%JOE BENES ZONE CHANGE NO. 2006-09Z Property Owner Notification List ADDRESS 3685 LYON SPRINGS RD 4606 SCHILLER PARK 19855 SW FRWY #130 19855 SW FRWY #130 CITY ST ZIP CODE LEGAL DESCRIPTION SEVIERVILLE TN 37862-8257 WESTGATE PARK (A0243 H T & B RR 19), LOT Al, ACRES 0.398 SUGARLAND TX 77479 APPLICANT SUGARLAND TX 77479 SUGARLAND TX 77479 A0242 H T & B R R, TRACT 2A, ACRES 1.000 A0243 H T & B, TR 64 (UND INT), ALLISON RICHEY SUB SEC 19, ACRES 2.4964 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JANUARY 16, 2006 Zone Change No. 2006-09Z TO: City Council Planning and Zoning Commission SUBJECT: LEGAL DESCRIPTION: GENERAL LOCATION: A request by Sudershan Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, 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) 1.00 acre tract, Tract 2A, H.T. & B.R.R. Company Survey, Abstract 242, City of Pearland, Brazoria County, Texas Generally Located on the South Side of FM 518 (Broadway Street), and West of Tranquility Lake Boulevard APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: January 16, 2006* City Council for First Reading: February 13, 2006* City Council for Second Reading: February 27, 2006* (*dates subject to change if item is tabled) SUMMARY: The applicant is requesting a change in zoning on the subject property for a General Business District (GB). A small single family residence currently exists upon the subject property. The current zoning of the subject property is Suburban Development JPH 01-16-06 2006-09Z Page 1 District (SD). The applicant has indicated that they plan to use the subject tract for a retail development. SURROUNDING ZONING AND LAND USES: Zoning Land Use North Suburban Development Undeveloped tract District (SD) South Property not in City Limits of Office Building the City of Pearland East Property not in City Limits of Undeveloped tract the City of Pearland West Property not in City Limits of Day care facility the City of Pearland 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 currently meets these requirements, as the subject property is 208 feet wide along FM 518 (Broadway Street), and is approximately 1.00 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 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. JPH 01-16-06 2006-09Z Page 2 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 along Broadway Street. The Comprehensive Plan further indicates that the appropriate zoning districts for "Retail, Offices, and Services" are the Office and Professional District (OP), the Neighborhood Service District (NS), and the General Business District (GB). The zoning district assignment is generally based on location of property, and of the three recommended land uses, GB is the most intense and NS is the least intense. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Broadway Street (FM 518), a major thoroughfare with an ultimate right-of-way of 120 feet. When or if the subject property is platted, additional right-of-way dedication may be necessary for Broadway Street. The subject property also has frontage on Tranquility Lake Boulevard. The Thoroughfare Plan does not specify a classification for Tranquility Lake Boulevard, nor does it specify any improvements for Tranquility Lake Boulevard. However, Tranquility Lake Boulevard has been platted as an 80 foot wide private street. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: There is currently a 16 inch water line on the south side of Broadway Street. There is a 12 inch gravity main sanitary sewer line on the north side of Broadway Street. Availability and adequacy of utilities will be reviewed during the review of any subdivision plat or building permit applications submitted for the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Because of the small size of the subject property, Staff asked the applicant why they chose the GB district rather than the OP or the NS districts. The applicant indicated that they wanted the GB district due to the wide variety of uses permitted in the GB district. The subject property does have frontage on a major thoroughfare, and does not share a property line with any residentially zoned properties. The Future Land Use Plan designates the surrounding properties to the west and south for retail, office, and service uses, and, although these properties remain in the ETJ (outside the city limits), it is anticipated that they will continue to develop as retail, office, and service uses. An office building was JPH 01-16-06 2006-09Z Page 3 recently constructed directly to the south of the subject property, and a day care facility currently exists on the west side of the subject property. Due to the size and location of the subject property, it may be more suited for a Neighborhood Service District (NS) rather than a General Business District (GB). Since the properties to the south and west are developed with a day care and an office building, it would seem more appropriate to zone the subject property to a NS district. Both adjacent land uses would be permitted with a NS district. Also, the Proposed Zoning Map shows the subject property being zoned for Neighborhood Service District. As Staff and the consultant for the UDC were reviewing the existing zoning map to determine which zoning districts to assign to SD properties, this tract was proposed for NS due to the adjacent uses, and nearby existing and future residential neighborhoods to the south. Many other properties on the zoning map that were appropriate for non-residential zoning districts, but that were in close proximity to residential land uses or lesser intense land uses, were designated for either NS or OP. If the zone change is approved, the applicant may be responsible for the submittal of a traffic impact analysis (TIA) in order to determine the impact of the proposed development on adjacent roadways and adjacent properties, as well as the locations of driveways. PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published in the local newspaper, and a Zoning Sign was placed on the subject property. STAFF RECOMMENDATION: Staff recommends denial of the zone change for GB, as proposed by the applicant, for the following reasons: 1. The subject property may be more suitable for a NS district due to its size, the surrounding land uses (day care, offices), and its close proximity to residential areas. However, Staff does recommend approval of a zone change to a Neighborhood Service District (NS), for the following reasons: 1. The NS district will provide retail, office, and service uses of a Tess intense scale than the proposed GB district that would be better compatible to surrounding uses. 2. The proposed Zoning Map shows the subject property as being rezoned to NS, which was determined due to the surrounding land uses and close proximity to residential areas. JPH 01-16-06 2006-09Z Page 4 SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan 7- JPH 01-16-06 2006-09Z Page 5 DRAFT MINUTES OF THE JOINT PUBLIC HEARING OF JANUARY 16, 2006 The Public Hearing for Zone Change 2006-09Z was called to order at 8:21 p.m. by Mayor Tom Reid F. Zone Change 2006-09Z A request by Sudershan Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, 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), Located on the South Side of FM 518 (Broadway Street), and West of Tranquility Lake Boulevard Chairperson Ruby Sandars read the purpose into the record. Planning Director Lata Krishnarao gave the Staff Report. Staff recommended denial of the zone change to GB; however, staff recommends approval of a zone change to NS. Staff received 5 public comment forms in favor of this zone change. The applicant, Mr. Sudershan Jambulapati spoke asking for the GB zone, stating he wanted to build a small retail business. There was no one present to speak for or against the zone change. There was brief discussion between Council/Commission/Staff. Councilmember Marcott stated he supported the NS change instead of the GB change. Chairperson Sandars asked if the applicant was okay with the NS change instead. The applicant stated he wants to build a small retail facility, but stated he does not fully understand the difference between GB and NS. Commissioner Fuertes asked Staff if the NS would allow a retail facility, and Ms. Krishnarao stated yes, depending on the tenants. There was no further comment. The Public Hearing for Zone Change 2006-09Z was adjourned at 8:29 p.m. JPH Minutes, 1/16/06 DRAFT MINUTES PLANNING AND ZONING COMMISSION MEETING JANUARY 16, 2006 F. Consideration & Possible Action of Zone Change 2006-09Z A request by Sudershan Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, 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), Located on the South Side of FM 518 (Broadway Street), and West of Tranquility Lake Boulevard. Chairperson Sandars stated this item needed to be tabled in order for Staff to talk to the applicant, since the applicant was not present for this meeting. The vote was 6-1 to table this item. Commissioner Diggs voted against, with no comment. P&Z Minutes, 1/16/06 PLANNING AND ZONING COMMISSION AGENDA ITEM Regular Meeting of February 6, 2006 CONSIDERATION AND POSSIBLE ACTION - Zone Change No. 2006-09Z A request by Sudershan Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, 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 Neighborhood Service District (NS), on the property described as 1.00 acre tract, Tract 2A, H.T. & B.R.R. Company Survey, Abstract 242, City of Pearland, Brazoria County, Texas, Generally Located on the South Side of FM 518 (Broadway Street), and West of Tranquility Lake Boulevard SUMMARY: The applicant is requesting a change in zoning on the subject property for a Neighborhood Service District (NS). During the public hearing held on January 16, 2006, the applicant was requesting a General Business District (GB). During the subsequent Planning and Zoning Commission Meeting, the Commission voted to table the proposed zone change, as the applicant was not present to answer whether or not he would be willing to change the request to NS. Staff has since met with the applicant, and he has indicated that he would like to change the zoning request to a Neighborhood Service District. The applicant has indicated that they plan to use the subject tract for a retail development. 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 along Broadway Street. The Comprehensive Plan further indicates that the appropriate zoning districts for "Retail, Offices, and Services" are the Office and Professional District (OP), the Neighborhood Service District (NS), and the General Business District (GB). The zoning district P&Z 02-06-06 2006-09Z Page 1 assignment is generally based on location of property, and of the three recommended land uses, GB is the, most intense and NS is the least intense. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The Future Land Use Plan designates the surrounding properties to the west and south for retail, office, and service uses, and, although these properties remain in the ETJ (outside the city limits), it is anticipated that they will continue to develop as retail, office, and service uses. An office building was recently constructed directly to the south of the subject property, and a day care facility currently exists on the west side of the subject property. Due to the size and location of the subject property, it may be more suited for a Neighborhood Service District (NS) rather than a General Business District (GB). Since the properties to the south and west are developed with a day care and an office building, it would seem more appropriate to zone the subject property to a NS district. Both adjacent land uses would be permitted with a NS district. Staff believes that this tract is more appropriate for NS due to the adjacent uses, and nearby existing and future residential neighborhoods to the south. STAFF RECOMMENDATION: Staff recommends approval of a zone change to a Neighborhood Service District (NS), for the following reasons: 1. The NS district will provide retail, office, and service uses of a less intense scale and would be better compatible to surrounding uses. 2. The proposed Zoning Map shows the subject property as being rezoned to NS, which was determined due to the surrounding land uses and close proximity to residential areas. SUPPORTING DOCUMENTS: • Zoning Map • Future Land Use Plan • Joint Public Hearing Staff Report P&Z 02-06-06 2006-09Z Page 2 DRAFT MINUTES REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION FEBRUARY 06, 2006 Consideration & Possible Action — Remove from Table — Zone Change Application No. 2006 —09Z Commissioner Darrell Diggs made a motion to remove from table, and Commissioner Fuertes seconded. The vote was 6-0 to remove from table. Consideration & Possible Action of Zone Change 2006-09Z A request by Sudershan Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, 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 Neighborhood Services District (NS), Located on the South Side of FM 518 (Broadway Street), and West of Tranquility Lake Boulevard. Commissioner Sheryl Greiner made a motion to approve, and Commissioner Neil West seconded. Senior Planner Theresa Grahmann read the staff report. Staff recommends the change to NS (Neighborhood Services). Ms. Grahmann stated that the applicant did submit a letter changing their request to a NS zone. There was no discussion among the Commission/Staff. The vote was 6-0 for approval. P&Z Minutes, 2/06/06 Page 1 of 1 ZONING MAP Zone Change No. 2006-09Z N W+E S 0 200 400 Feet Map Prepared on December 16, 2005 111111.11111 room 11111111 awl Ina SUBJECT PROPERTY Low Density Residential ■ z WATERLILLY LN m r r FUTURE LAND USE PLAN Zone Change " W+E No. 2006-09Z s Map Prepared on December 16, 2005 0 200 400 Feet 11111 I PUBLIC COMMENT FORM City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1742 281-652-1702 fax ZONE CHANGE NO. 2006-09Z Joint Public Hearing to be held Monday, January 16, 2006, at 6:30 PM in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas. If you are unable to attend the Joint Public Hearing, but wish to have your opinions made a part of the public record, please complete this form and return to the above noted address (bv mail, by fax, or in person, or email tgrahmanne.ci.pearland.tx.us) prior to the Joint Public Hearing. You may complete this form and attend the Joint Public Hearing. l7- I am FOR the requested zoning as explained on the attached public notice. (Checking "FOR" means that you support the zone change request and feel that the zoning should be approved accordingly.) I am AGAINST the requested zoning as explained on the attached public notice. (Checking "AGAINST" means that you are in opposition to the zone change request and feel that the request should be denied.) Name: L''A,G <. 461.-)6-..S Address: -tL =Z9 Pearland Tax Account No. (If shown on enclosed map):.3'— Od b 7 ' 11 Signature: L' / / �� Date: /— `l ` bi-, COMMENTS: PUBLIC COMMENT FORM City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1742 281-652-1702 fax ZONE CHANGE NO. 2006-09Z Joint Public Hearing to be held Monday, January 16, 2006, at 6:30 PM in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas. If you are unable to attend the Joint Public Hearing, but wish to have your opinions made a part of the public record, please complete this form and return to the above noted address (by mail, by fax, or in person, or email tgrahmannaci.pearland.tx.us) prior to the Joint Public Hearing. You may complete this form and attend the Joint Public Hearing. IV I am FOR the requested zoning as explained on the attached public notice. (Checking "FOR" means that you support the zone change request and feel that the zoning should be approved accordingly.) I am AGAINST the requested zoning as explained on the attached public notice. (Checking "AGAINST" means that you are in opposition to the zone change request and feel that the request should be denied.) Name: _T04 &1 i Address: 74 Ld (3iot/t Ve' /4'J' 1 Pearland Tax Account No. (If shown on enclosed map): 6 2'Z —d } 6 ( a 6 Signature: COMMENTS: 4- Date: 1-1/-4 6 PUBLIC COMMENT FORM City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1742 281-652-1702 fax ZONE CHANGE NO. 2006-09Z Joint Public Hearing to be held Monday, January 16, 2006, at 6:30 PM in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas. If you are unable to attend the Joint Public Hearing, but wish to have your opinions made a part of the public record, please complete this form and return to the above noted address (by mail, by fax, or in person, or email tgrahmann©ci.pearland.tx.us) prior to the Joint Public Hearing. You may complete this form and attend the Joint Public Hearing. t/ I am FOR the requested zoning as explained on the attached public notice. (Checking "FOR" means that you support the zone change request and feel that the zoning should be approved accordingly.) I am AGAINST the requested zoning as explained on the attached public notice. (Checking "AGAINST" means that you are in opposition to the zone change request and feel that the request should be denied.) Name: Address: ran -;p1, 47141 Pearland Tax Account No. (If shown on enclosed map): VI-3 b '7 -9-6 Signature: COMMENTS: �i J� Date: % /'— (/ PUBLIC COMMENT FORM City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1742 281-652-1702 fax ZONE CHANGE NO. 2006-09Z Joint Public Hearing to be held Monday, January 16, 2006, at 6:30 PM in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas. If you are unable to attend the Joint Public Hearing, but wish to have your opinions made a part of the public record, please complete this form and return to the above noted address (by mail, by fax, or in person, or email tgrahmann a@ci.pearland.tx.us) prior to the Joint Public Hearing. You may complete this form and attend the Joint Public Hearing. I am FOR the requested zoning as explained on the attached public notice. (Checking "FOR" means that you support the zone change request and feel that the zoning should be approved accordingly.) I am AGAINST the requested zoning as explained on the attached public notice. (Checking "AGAINST" means that you are in opposition to the zone change request and feel that the request should be denied.) Name: Address: � � �� 3 � r- � l tale � r ____ Pearland Tax Account No. (If shown one osed map): L — drier ^ 1 6/6 Signature: COMMENTS: Date: PUBLIC COMMENT FORM City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1742 281-652-1702 fax ZONE CHANGE NO. 2006-09Z Joint Public Hearing to be held Monday, January 16, 2006, at 6:30 PM in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas. If you are unable to attend the Joint Public Hearing, but wish to have your opinions made a part of the public record, please complete this form and return to the above noted address (by mail, by fax, or in person, or email tgrahmann(d ci.pearland.tx.us) prior to the Joint Public Hearing. You may complete this form and attend the Joint Public Hearing. VI am FOR the requested zoning as explained on the attached public notice. (Checking "FOR" means that you support the zone change request and feel that the zoning should be approved accordingly.) I am AGAINST the requested zoning as explained on the attached public notice. (Checking "AGAINST" means that you are in opposition to the zone change request and feel that the request should be denied.) Name: D C° XI-4„p a-si 4-.3 Address: "V,// A yi / Pea/ / / i) � % -755r/ y Pearland Tax Account No. (If shown on enclosed map): ZVA6e. O b-6,7 66 -3 Signature: Date: StIA��'" % '" 0 COMMENTS: AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation .in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. / Date J y 20 _G7 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 06 a 4 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 • •�.. :r3ts,• 1.1,•►fi_1014' day of J Laura Ann Emmons, Publisher Notary Public, State of Texas. Published Dec. 28, 2005, and Jan. 4,-2006 - " I NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING LEGALS COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE I NO.2006-09Z Notice. is hereby given that on January 16, 2006, at • 6:30 p.m.; the City Council! and Planning and Zoning 1 ,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, t located at 3519 Liberty 1 Drive, Pearland, Texas, on the request of Sudershan 1. Jambulapati, applicant for Joseph B. Benes and Jewel H. Benes, owner, for an j amendment to the Land 1 ! Use and Urban t Development Ordinance of said City, for approval of a j i 'change in zoning district tfrom classification Suburban ; Development District (SD) to General Business District (GB); on the following 1 described property, to wit: 1 1.00 acre tract, Tract 2A, 1 H.T. & B.R.R. Company L Survey, Abstract 242, City 1 of Pearland, Brazoria i County, Texas (Generally'; I Located on the South Side L of FM 518 (Broadway 'Street), 'and West of Tranquility Lake Boulevard) 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