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Ord. 509-815 02-27-06 FailedFAILED 2/27/06 ORDINANCE NO. 509-815 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 0.34 ACRE TRACT OF LAND LOCATED IN THE W.D.0 HALL SURVEY, ABSTRACT 70, WITH SAID TRACT BEING PART OF THAT 13.838 ACRE TRACT DESCRIBED IN THE FINAL JUDGEMENT OF CAUSE NO. 23,835G, CITY OF PEARLAND VS 313 ACRES PEARLAND JOINT VENTURE, ET AL, AS RECORDED UNDER BRAZORIA COUNTY CLERK'S FILE NO. 98040264, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND WEST OF LIBERTY DRIVE) (ZONE CHANGE APPLICATION NO. 2006-01Z) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-4) TO COMMERCIAL DISTRICT (C), AT THE REQUEST OF JAY JAVADI, APPLICANT FOR DONYA, LLC, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Jay Javadi, applicant for Donya, LLC, owner, filed on December 5, 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 1 ORDINANCE NO. 509-815 WHEREAS, on the 1st day of February, 2006, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Jay Javadi, applicant for Donya, LLC, owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Single Family Dwelling District (R-4) to Commercial District (C); 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 13, 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 Jay Javadi, applicant for Donya, LLC, owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Single Family Dwelling District (R- 4) is hereby zoned to Commercial District (C), such property being more particularly described as: 0.34 acre tract of land located in the W.D.0 Hall Survey, Abstract 70, with said tract being part of that 13.838 acre tract described in the final judgement of Cause No. 23,835G, City of Pearland vs 313 Acres Pearland Joint Venture, et al, as recorded under Brazoria County Clerk's File No. 98040264, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of FM 518 (Broadway Street), and West of Liberty Drive) 2 ORDINANCE NO. 509-815 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. 509-815 Ordinance No. 509 and consistent with the approval herein granted for the reclassification of the herein above described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 13th day of February 2006. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2006. ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 APPLICATION FOR A CHANGE IN ZONING Please check one: May 2005 City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com Change in Zoning Classification from: R-1 //ES, ��%J 1 All to: ((/—/A EJ (2/ L (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : Property Information: Address: 0.3y (J r.� g 2.. r ) l Subdi ion: c2cf hl (u+s ** Attach a copy of the metes and bounds (list proposed use) 4�torL, /L Lcc J //J 41 b,c• l/4-J4 Tax Account No. Scllztl y �, c(Y��-PFA, LJ/✓%�, e�4?z) 1,4 Current use of property (type of structures on property): ot: Block: description, survey, or legal description** Future/proposed use of property and reason for zone change: PROPERTY OWNER INFORMATION: NAME btNyit 1 i_- ADDRESS ) 36 3 c? CITY c V STATE TX ZIP 77c,per 9-17L,L_ ill 1 �f XL PHONE( 20 ) FAX( 2_ / ) E-MAIL ADDRESS PETITION: As owner/agent, I hereby petition the City request as provided for by the laws of the State of Texas the best of my knowledge that this is a true description above checked action. I understand that I am fully resp given. Owner's Signature: APPLICANT INFORMATION: (J-4,yADDRESS / 3 3 n ��'f /f /,r�'k?f • ,. ./ 07 CITY //fir s �/ STATE 7 ZIP 770 ge) PHONE( 2, -/ ) 4.S'c/,— / / / FAX( zeC /) I E-MAIL ADDRESS J`/ ,�,��(,' /Fq� l (` ov of Pearland for appral of the above described and ordinances of the City of Pearland. I certify to of the property upon which I have requested the onsible for the correctness of the legal description Agent's Signature: c OFFICE USE ONLY: Date: 1 7 — S _ Date: / 2 FEES ik �yQ PAID: DATE PAID: 015/0 RECEIVED BY: ,� 'J1 APPLICATION �D©t� 01 Z / [ NUMBER: 7 ***APPLICATION IS CONSIDERED INCOMPLE WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND THE APPLICATION FEE*** Page 103 of 106 LOCATION MAP Zone Change No. 2006-01Z N W+E S 0 200 400 Feet 1 1 1 1 1 I Map Prepared on December 16, 2005 r\c 02C06 Cii z 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 in THE REPORTER NEWS, a and Galveston Counties, for No. / No No. No. No. that the notice hereby appended was published newspaper of general circulation in Brazoria, Harris issues, as follows: Date Date Date Date Date Subscribe and sworn to before me this S day of 20 D� • • • • •��,pY lv, .• • • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 • 20 bG 20 20 20 20 Laura Ann Emmons, Publisher Notary Public, State of Texas Published Dec. 28, 2005 and Jan. 4, 2006 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL ZONING CHANGE AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE NO. 2006.01 Z 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 Jay Javadi, applicant for Donya, LLC, 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 Single Family Dwelling District, (R- 4) to Commercial District (C), on the following described property, to wit: 0.34 acre tract of land locat- ed in the W.D.0 Hall Survey, Abstract 70, with said tract being part of that 13.838 acre tract described in the final judgement of Cause No. 23,835G, City of Pearland vs 313 Acres Pearland Joint Venture, et al, as recorded under Brazoria County Clerk's File No. 98040264, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of FM 518 (Broadway Street), and West of Liberty Drive) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner , av 2 iti0, mac) 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 /p?- a $ 20 03 No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this aq day of ede- r L. ura A n Emmons, Publisher Notary Public, State of Texas Published Dec. 28, 2005 and Jan. 4, 2006 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL ZONING CHANGE AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE • NO.2006-01Z 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 Jay Javadi, applicant for Donya, LLC, 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 Single Family Dwelling District (R- 4) to Commercial District (C), on the following described property, to wit: 0.34 acre tract of land locat- ed in the W.D.0 Hall Survey, Abstract 70, with said tract being part of that 13.838 acre tract described in the final judgement of Cause No. 23,835G, City of LEGALS Pearland vs 313 Acres Pearland Joint Venture, et al, as recorded under Brazoria County Clerk's File No. 98040264, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of FM 518 (Broadway Street), and West of Liberty Drive) 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 Planning & Zoning Commission Recommendation Letter February 1, 2006 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 01Z, a request by Jay Javadi, applicant for Donya, LLC, 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 Single Family Dwelling District (R-4) to Commercial District (C) Honorable Mayor and City Council Members: At their regular meeting of January 16, 2006, the Planning and Zoning Commission considered the request for a change in zoning district from classification Single Family Dwelling District (R- 4) to Commercial District (C), on the following property: Legal Description: 0.34 acre tract of land located in the W.D.0 Hall Survey, Abstract 70, with said tract being part of that 13.838 acre tract described in the final judgement of Cause No. 23,835G, City of Pearland vs 313 Acres Pearland Joint Venture, et al, as recorded under Brazoria County Clerk's File No. 98040264, City of Pearland, Brazoria County, Texas General Location: Generally Located on the South Side of FM 518 (Broadway Street), and West of Liberty Drive Commission Member West made a motion to recommend approval of the zone change request, which was seconded by Commission Member Fuertes. The motion to approve passed 6 — 1. Commission Member locco voted against the motion to approve. Therefore, the zone change was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Agenda Request 01Z Page 3 of 3 Donya, LLC 13630 Beamer Rai, Suite 107 Houston, TX 77089 Phone: (281) 484-1111 Fax: (281) 484-8800 City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 December 2, 2005 Re: Application for change in zoning for a 0.34 acre (14,822 sq.ft.) tract of land, located in the W.D.C. Hall Survey Abstract 70, City of Pearland, Brazoria County, Texas. Dear Sir/Madam: Donya LLC respectfully requests that the zoning designation for the above described ("subject") property be changed from a residential zoning district to a commercial district. The following are our reasons for: 1- The property is completely "land -locked" and surrounded by non- residential development. a. On its east side, which it would gain access, it is contiguous with a parking lot that serves our existing commercial property located at FM 518 and Liberty Road. The zoning for this adjacent tract was changed on December 2, 2002 (Re: Ordinance No. 509-626) from Single Family Dwelling District "R-4" to Commercial District "C". b. On its north side, it fronts the property of a veterinary clinic, a storm -drain detention pond, and an electrical easement. c. On its west side, it fronts a City of Pearland Fee Strip and a Center Point Energy's electrical easement. d. On its south side, it fonts City of Pearland's public library facility. 2- Because of the subject tract's location, means of access and size, we Feel that it would not be reasonable or practical as residential development. 3- We acquired this tract in a transaction with the City of Pearland, whereby we conveyed a portion of commercially zoned, corner tract that we own, at the southwest corner of FM 518 and Liberty Road for the purpose of construction a right turn lane at the corner by the City. The acquisition of the subject tract was part of this transaction. Since we've given up certain area that could be developed commercially, we would like the same opportunity to develop the subject tract commercially as well. It is the only development that we think is viable. 4- In a variance hearing (Application No. VO4-05) May 6, 2004, City of Pearland's Planning and Zoning Commission voted that Donya, LLC re plat all of its five parcels of land into one in order to qualify for commercial development. This was done, and in the process, we gave away 10' wide easements along the sides of FM 518 and Liberty Road, a total of about 11,000 square feet of land for the benefit of city of Pearland and community development. Attached please find the following related documents: • A legal description and a survey of the subject property. • Notice of request by city of Pearland's Planning and Zoning Commission to re plat all the plats which are under 25000 square feet. • Notice of approval of "Final plat of Country Club Plaza" by city of Pearland on September 26, 2005. • Notice of approval Ordinance No. 509-626, Re: zoning change to adjacent property December 9, 2002. If there are any questions or you need additional information, please contact me at the above. Sincerely: 44 Jay Javadi, Member/Agent Donya, LLC %4 JWP INC v.t / ' CLAWS & PAWS VETERINARY HOSPITAL PC CITY OF PEARLAND areAr DONYA LLC 11# 4, de 200' NOTIFICATION LIMITS SUBJECT PROPERTY i sss �Ii♦ DONYA LLC CITY OF PEARLAND CITY OF PEARLAND OWNERSHIP MAP Zone Change No. 2006-01Z 0 200 400 Feet I Map Prepared on December 16, 2005 PROP ID OWNER R164172 JWP INC R155241 CLAWS & PAWS VETERINARY HOSPITAL PC R547690 DONYA LLC DONYA LLC JAY JAVADI R164170 CITY OF PEARLAND R155237 DONYA LLC R155238 DONYA LLC R511088 CITY OF PEARLAND ZONE CHANGE NO. 2006-01Z Property Owner Notification List ADDRESS 2610 BROADWAY ST 2556 BROADWAY ST 13630 BEAMER RD STE 107 13630 BEAMER RD STE 107 3519 LIBERTY DR 13630 BEAMER RD STE 107 13630 BEAMER RD STE 107 3519 LIBERTY DR CITY ST ZIP CODE LEGAL DESCRIPTION PEARLAND TX PEARLAND TX HOUSTON TX HOUSTON TX PEARLAND TX HOUSTON TX HOUSTON TX PEARLAND TX 77581-4903 77581-4904 77089-6037 77089 77581-5416 77089-6037 77089-6037 77581-5416 VICTORY PLAZA, A0198 T J GREEN, BLOCK 1, TRACT 2, ACRES 0.87 A0070 W D C HALL (PEARLAND), TRACT 6J, ACRES 0.731 A0070 W D C HALL (PEARLAND), TRACT 6M1, ACRES 0.34 PROPERTY OWNER AND APPLICANT A0198 T J GREEN (PEARLAND), TRACT 6F, ACRES 8.130 A0070 W D C HALL (PEARLAND), TRACT 6G, ACRES 0.730 A0070 W D C HALL (PEARLAND), TRACT 6H, ACRES 3.430 A0070 W D C HALL, TRACT 6M-6N (CALLED TR 2-5), ACRES 16.098 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JANUARY 16, 2006 Zone Change No. 2006-01Z TO: City Council Planning and Zoning Commission SUBJECT: A request by Jay Javadi, applicant for Donya, LLC, 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 Single Family Dwelling District (R-4) to Commercial District (C) LEGAL 0.34 acre tract of land located in the W.D.0 Hall Survey, DESCRIPTION: Abstract 70, with said tract being part of that 13.838 acre tract described in the final judgement of Cause No. 23,835G, City of Pearland vs 313 Acres Pearland Joint Venture, et al, as recorded under Brazoria County Clerk's File No. 98040264, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Generally Located on the South Side of FM 518 (Broadway Street), and West of Liberty Drive 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 Commercial District (C). The subject property is currently undeveloped. The applicant has JPH 01-16-06 2006-01 Z Page 1 indicated that they plan to use the subject tract as part of the commercial development occurring at the adjacent shopping center. The applicant previously applied for a change in zoning on the same subject property inl October 2004, for a Commercial District (C). The previous zone change was not approved.! The Planning and Zoning Commission did not recommend approval of the zone change for three reasons, as follows: 1) The subject property did not meet the size requirements of the Commercial District.; 2) Since the property does not meet the size requirements of the Commercial District, the property would have to be platted to combine it with the other commercial, property directly adjacent to the subject property. There was concern that the plate should be submitted first to address the size issues and then submitted for a zone change. 3) As discussed during the Joint Public Hearing in October 2004, the original plans for the subject property were for it to serve as a detention pond. The Commission discussed leaving the property as R-4, and the applicant could apply for a Specific Use Permit for detention facilities. The City Council also did not approve the zone change request for Commercial District, but the Council did not state their reasons for the denial. Since then, the property has been platted as part of County Club Plaza, in September 2005. SURROUNDING ZONING AND LAND USES: North Zoning General Business District (GB) South Single Family Dwelling District (R-4) East West Commercial District (C) Single Family Dwelling District (R-4) and General Business District (GB) Land Use Claws and Paws Animal Hospital City of Pearland Public Library Shopping Center and Parking Lot Undeveloped tract JPH 01-16-06 2006-01 Z Page 2 CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting a C zoning district. The minimum lot size for the C district is 22,500 square feet and the minimum lot width is 150 feet. The subject property is platted as part of the shopping center to the east, and therefore, in its present configuration meets these minimum requirements. The applicant will be required to comply with all other requirements of the Land Use and Urban Development Ordinance. PLATTING STATUS: The subject area has been platted as part of the Country Club Plaza, approved by the Planning and Zoning Commission on September 19, 2005. Therefore, no further platting is required at this time. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "Retail, Office, and Services" and "Public/Semi-Public" uses for the subject property. The Comprehensive Plan further indicates that the appropriate zoning districts for Retail, Office, and Services are the General Business District (GB), the Office and Professional District (OP), and the Neighborhood Service District (NS), and the appropriate zoning districts for Public/Semi- Public uses are "any other district." The Comprehensive Plan indicates both uses mentioned above for the subject property. The lines shown on the Comprehensive Plan for two separate recommended zoning districts are not definite lines. It could be interpreted that the Public/Semi-Public uses should only include the library, chamber building, and City Hall, and should not include the existing commercial district which is developing as a parking lot. The City has sold the subject property and the adjacent commercial tract to the applicant. The proposed Commercial District does not conform to the recommended Retail, Office, and Service uses shown on the Comprehensive Plan. However, the subject area is located adjacent to a Commercial tract with the same owner as the subject property, and is now platted as the same lot as the tract to the east. It is unlikely that the subject property could be developed to its current residential zoning district. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject area itself has no frontage on a street. However, the subject property is part of a larger lot that has frontage on Liberty Drive and Broadway Street. Access to the subject property can be provided from internal driveways within the shopping center, from Liberty Drive and Broadway Street. JPH 01-16-06 2006-01 Z Page 3 When the subject property was recently platted, the applicant dedicated additional right-of- way for Liberty Drive, an 80 foot wide major collector street, and Broadway Street, a 120 foot wide major thoroughfare. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: There is a 10 inch water line on the south side of Broadway Street (FM 518), and a 10 inch water line on the east side of Liberty Drive, and an 8 inch water line extending through the parking lot on the east side of the subject property. There is a 4 inch gravity main sanitary sewer line on the west side of Liberty Drive. There is also an 8 inch gravity main sanitary sewer line on the north side of the subject tract. Availability and adequacy of utilities will be reviewed during the review of any building permit applications. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The portion of the lot directly to the east and the tract extending to the corner of Liberty Drive and Broadway Street are currently zoned for Commercial uses. The subject property has been platted with and is under the same ownership as the property to the east. The applicant plans to incorporate the subject tract into the development of the existing shopping center. If the subject property is rezoned to a Commercial District, it would share the southern and western property lines with properties zoned as R-4. Therefore, the applicant would be adjacent to residentially zoned properties and therefore, screening between uses would be required if all adjacent properties remain zoned as they currently are, when the subject property is developed. On the Proposed Zoning Map, the subject property is not proposed to change, but to remain zoned as R-4. 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. JPH 01-16-06 2006-01 Z Page 4 STAFF RECOMMENDATION: Staff recommends approval of the zone change for C, as proposed by the applicant, for the following reasons: 1. Although contrary to the Comprehensive Plan recommendation of Public/Semi- Public uses, the subject property is no longer owned by the City, but is under the same ownership as the adjacent commercial development at the intersection. 2. The proposed zone change is consistent with existing commercial uses and zoning districts at this corner of the intersection, and is owned by the same party that owns the shopping center and parking lot, and is currently platted as part of the same lot with the adjacent shopping center and parking lot. 3. The subject property is unlikely to be developed to its current zoning district of R-4, due to its configuration and the surrounding developed uses. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan JPH 01-16-06 2006-01 Z Page 5 DRAFT MINUTES OF THE JOINT PUBLIC HEARING OF JANUARY 16, 2006 The Public Hearing for Zone Change 2006-03Z was called to order at 8:09 p.m. by Mayor Tom Reid E. Zone Change 2006-01Z A request by Jay Javadi, applicant for Donya, LLC, 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 Single Family Dwelling District (R-4) to Commercial District (C) located on the South Side of FM 518 (Broadway Street), and West of Liberty Drive. Chairperson Ruby Sandars read the purpose into the record. Senior Planner Grahmann gave the Staff Report. Staff recommends approval. Two public comment forms were received in favor of this zone change. The applicant, Jay Javadi was present and spoke briefly in favor of this zone change. No one was present to speak for or against this zone change. There was discussion between Council/Commission/Staff in regards to the detention being a previous issue on this site. Mr. Marcott stated the entire lot was not being used as detention, but if a part needs to be, that the applicant would have to comply. Chairperson Sandars asked where the offsite detention was, and City Engineer Kneupper explained that there was no detention now, but if necessary, it would be offsite in the Independence Park detention area. Brief discussion continued on this subject with Mr. Marcott, Mr. Eisen, and Mr. Coker. The Public Hearing for Zone Change 2006-01 Z was . adjourned at 8:21 p.m. JPH Minutes, 1/16/06 DRAFT MINUTES PLANNING AND ZONING COMMISSION MEETING JANUARY 16, 2006 E. Consideration & Possible Action of Zone Change 2006-01Z A request by Jay Javadi, applicant for Donya, LLC, 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 Single Family Dwelling District (R-4) to Commercial District (C) located on the South Side of FM 518 (Broadway Street), and West of Liberty Drive. Commissioner West made a motion to approve for the sake of discussion, and Commissioner Fuertes seconded. The City Engineer, Doug Kneupper spoke regarding the drainage detention. The owner probably could still buy into the city detention when the site is developed. The vote was 6-1 for approval. Vice -Chairperson locco voted against this zone change stating he did not like the transition of the land use. P&Z Minutes, 1/16/06 PUBLIC COMMENT FORM ZONE CHANGE NO. 2006-01Z City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1742 281-652-1702 fax 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 toattend 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 tgrahmann(d 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: .S h err\v LLB q 1C aSS0 a j Address: us Sc?9e,orot2 I-Joust-6-v) 75( ''iceQ&9 Pearland Tax Account No. (If shown on enclosed map): Signature: Date: COMMENTS: I h Qd e /10 o bj ec .6,60 Ms p l e a_ of_ pro I- . ` t D Y1 Lha,19-eci * �7 mm erc..e Q L Cs-� cl 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. 2006-01Z 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 tgrahmannCa).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: Kfz-'4 4.a Jc'A €I` Address: 17-0 i/ ('ebt)11-iac C�.E,P �!, �2i� �70SadaA rk 77.<-11f Pearland Tax Account No. (If shown on enclosed map): Signature: COMMENTS: povti ,Sarrewm_da _ Date: / _ a 4 ea e7,- molf2--7- cA k-J de4/e-€9,49/0-e-d• ZONING MAP N W+E Zone Change s No. 2006-01Z 0 200 400 Feet 11111 Map Prepared on December 16, 2005 Public / Semi -Public FUTURE LAND Zone Change No. 2006-01Z USE PLAN W+E 0 200 1 ' ' ' 1 400 Feet Map Prepared on December 16, 2005 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 / 20 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this day of (12kj_L_____ Laura Ann Emmons, Publisher Notary. Public, State of Texas Published Dec. 28, 2005 and Jan. 4, 2006 NOTICE OF A JOINT PUBLIC HEARING OF THE i CITY COUNCIL ZONING CHANGE AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,. TEXAS ' ZONE CHANGE NO. 2006.01 Z Notice is hereby given that on January 1.6, 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. publichearing'in the Council' Chambers of City Hall,' located at '3519 Liberty' Drive, Pearland, Texas, on the request of Jay Javadi,. applicant for Donya, LLC,' 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 Single Family Dwelling District, (R- 4) to Commercial District' • (C), on the following' described property, to wit: 0.34 acre tract of land locat- , ed in the W.D.0 Hall; Survey, Abstract 70, with said tract being part of that 11 13.838 acre tractdescribed in the final judgement of) r 'Cause No. 23,835G,: City of Pearland vs 313'cres Pearland Joint Venture, et , al, • recorded .under, Brazoria County Clerk's File No. 98040264, City of Pearland, Brazoria County, • Texas -(Generally Located , on the South Side of FM 518 (Broadway Street), and, West of Liberty Drive) , At said hearing all interest- ed parties shall have the , right and opportunity to ' appear and be heard on the subject. I• Is/ Theresa Grahmann Senior Planner