Loading...
Ord. 509-607 09-09-02 TabledORDINANCE NO. 509-607 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 4.951 ACRES, A-219 OF THE HT&BRRCOMPANY SURVEY, TRACT 10A, RECORDED IN VOLUME (88) 570, PAGE 393, OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1061) (1617 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF, THOMAS K. STONEMAN AND BETTY STONEMAN, AGENT FOR TEXAS UNDERGROUND, INC., 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, Thomas K. Stoneman and Betty Stoneman, agent for Texas Underground, Inc., Owners, filed on August 2, 2002, 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 9th day of September, 2002, 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 10th day of September, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council 1 ORDINANCE NO. 509-607 regarding the proposed amendment application by, Thomas K. Stoneman and Betty Stoneman, agent for Texas Underground, Inc., Owners, whereby the Commission recommended to approved a change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development District (SD) to Light Industrial District (M-1); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and concurred with the recommendation of the Planning and Zoning Commission, at a regular meeting on September 23, 2002, 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 Thomas K. Stoneman and Betty Stoneman, agent for Texas Underground, Inc., Owners, 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 for all purposes changed and reclassified as Light Industrial District (M-1); such property being more particularly described as: 2 ORDINANCE NO. 509-607 4.951 acres, A-219 of the HT&BRR Company Survey, Tract 10A, recorded in Volume (88) 570, Page 393, of the Official Records of Brazoria County, Texas (1617 Garden Road) 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. 3 ORDINANCE NO. 509-607 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. VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this day of , 2002. ATTEST: YOUNG LORFING CITY SECRETARY 4 TOM REID MAYOR ORDINANCE NO. 509-607 PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2002. ATTEST: YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 5 TOM REID MAYOR '\`\\\\\\' Change in ZoninClassification from: Change in Regulations in Section #: Property address: 1617 Garden Road Pearland, Texas 77581(formerly 13311 Garden Road) Lot: Block: Metes & Bounds Description: attached (unplatted property only; attach survey) Tax I.D. number: 76-0201375 Proposed use of land within requested designation: Subdivision: Light manufacturing facility. teas been in use as such shice uct 1986.We have purchdbed— the property directly to the north of us to provide adegaute parking for our employees. Also a used as a service facility to perform service on municipal vheicles which we also Record owner's name: Texas Underground, Inc sell Owner's mailing address: 1617 Garden Road Pearland, Texas 77581 Owner's telephone number: 281 485-9900 Agent's name: Thomas K. Stoneman or Betty Stoneman Agent's mailing address: 1617 Garden Road Pearland, Texas 77581 Agent's telephone number: 281 485-9900 PETITION: As owner/agent, I hereby petition the City for approval of the above described request as provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be incompatible with current and future uses on properties in my vicinity. Owner's signat Fees paid: $ ! Y t C--t' ! ii, 975 °° Received by: jAvuopj • 1 Agent's signature: , 'xtto�r:: Date paid: 8 0 200 400 Feet 11 Zone Change Application No. 1061 Texas Underground, Inc./Thomas and Betty Stoneman 1617 Garden Road (SD - M1) Zone Change Application No. 1061 Date of City Council and Planning and September 9, 2002 Zoning Commission Joint Public Hearing: Property Owner: Texas Underground, Inc. Applicant or Agent: Thomas K. Stoneman and Betty Stoneman Location or Address of Property: 1617 Garden Road Existing Zoning: Suburban Development District (SD) Requested Zoning: Light Industrial District (M-1) SUMMARY: The applicant is requesting a change in zoning on the subject property in order to bring an existing industrial business into compliance with the Zoning Ordinance. SURROUNDING ZONING AND LAND USES: Zoning Land Use North Suburban ' Development Single family residence District (SD) South Suburban Development Mobile home residence District (SD) East Suburban Development Undeveloped tract District (SD) West Suburban Development Single family residence District (SD) Zone Change Application No. 1061 Page 1 CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan recommends Low Density Residential uses for the subject property and all of the surrounding areas. The Comprehensive Plan further indicates that the appropriate zoning districts for low density residential uses are Estate Lot Single Family Dwelling District (RE) and Single Family Dwelling Districts R-1 and R-2. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Garden Road, which is a designated as a major collector street that is to be widened in the future as needed. No other roadways affect the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: When the subject property and surrounding areas were annexed, the City Council granted zone changes in order to accommodate existing commercial and industrial uses within the area. Consequently, Staff is recommending approval in order to remain consistent with previous zoning requests. If the subject property were not already developed with industrial buildings, Staff would recommend disapproval of the zone change. PUBLIC COMMENTS: Public notice/comment forms were mailed to 16 property owners within 200 feet of the subject property under consideration. No public comment forms have been returned. STAFF RECOMMENDATION: Staff recommends approval of the zone change. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Area Zoning Map • Property Owner Notification Map • Property Owner Notification List Zone Change Application No. 1061 Page 2 0 200 400 Feet Iit!I I Zone Change Application No. 1061 Texas Underground, Inc./Thomas and Betty Stoneman 1617 Garden Road (SD - M1) .GARZA ANGEL & ALEIDA GARZA ANGEL & ALEIDA HOLBEIN FRED TRUSTS A & B PATE'CYNTHIA:L • COURTNEY GLONDA A y� DEZSO ELMER S PHAM DINH mom II S.1PHAM DINH rr11 KIM LY HAI'VAN GARZA ANGEL'& ALEIDA TEXAS -UNDERGROUND'INC I r WEEDEN HAROLD &EL ROSE III WEEDEN HAROLD & EL ROSE SITE' WONG GAY Y VO MINH THI NuRi 11111111111111111111 111111111111111 PHAM DINH KIM 111111111111111011 111 • J simmilormiren VS • • 0 200 400 Feet I I Zone Change Application No. 1061 Texas Underground, Inc./Thomas and Betty Stoneman 1617 Garden Road (SD - 101) TAX ACCOUNT # OWNER 0219-0041-000 0219-0041-000 0504-0022-120 0219-0006-000 0219-0009-000 0219-0020-000 0219-0006-000 0219-0019-000 0219-0011-110 0504-0056-110 0219-0011-003 0504-0056-000 0219-0011-003 0219-0011-004 0219-0011-003 0219-0011-002 0219-0011-003 0504-0027-110 WEEDEN HAROLD & EL ROSE WEEDEN HAROLD & EL ROSE HOLBEIN FRED TRUSTS A & B % CRAMER GARZA ANGEL & ALEIDA GARZA ANGEL & ALEIDA TEXAS UNDERGROUND INCORPORATED GARZA ANGEL & ALEIDA WONG GAY Y THOMAS STONEMAN PATE CYNTHIA L PHAM DINH KIM COURTNEY GLONDA & CYNTHIA PATE PHAM DINH KIM LY HAI VAN PHAM DINH KIM VO MINH THI PHAM DINH KIM DEZSO ELMER S ZONE CHANGE APPLICATION NO. 1061 Property Owner Notification List ADDRESS 2501 N BISHOP ST 2501 N BISHOP ST 2465 N WAKEFIELD CT 7114 PALMETTO ST 7114 PALMETTO ST 1617 GARDEN RD 7114 PALMETTO ST 34886 DRYDEN DR 1617 GARDEN RD 1622 SUBURBAN GDN RD 6507 LAURIE ST 409 YORK DR 6507 LAURIE ST 3906 SPRING FOREST DR 6507 LAURIE ST 3914 GREENWOOD DR 6507 LAURIE ST 304 DUNCAN ST CITY SAN MARCOS, TX 78666-2500 SAN MARCOS, TX 78666-2500 ARLINGTON, VA 22207-3555 HOUSTON, TX 77087-2723 HOUSTON, TX 77087-2723 PEARLAND, TX 77581-8730 HOUSTON, TX 77087-2723 STERLING HTS, MI 48312-5015 PEARLAND, TX 77581-8730 PEARLAND, TX 77581-7445 PEARLAND, TX77581-3142 BENICIA, CA 94510-1424 PEARLAND, TX 77581-3142 PEARLAND, TX 77584-9395 PEARLAND, TX 77581-3142 PEARLAND, TX 77584-9220 PEARLAND, TX 77581-3142 ALVIN, TX77511-3417 LEGAL DESCRIPTION A0219 H T & B R R, TRACT 9B-22 (PT), ACRES 6.000 A0219 H T & B R R, TRACT 9B-22 (PT), ACRES 6.000 A0504 H T & B R R, TRACT 27 UND 1/3, ACRES 3.334 A0219 HT&BR R, TRACT 9, ACRES 0.64 A0219 H T & B R R, TRACT 9C, ACRES 0.285 A0219 H T & B R R, TRACT 9D-9E-9F, ACRES 1.025 A0219 H T & B R R, TRACT 9, ACRES 0.64 LT 23 219 H T & B, ACRES 10.000 A0219 HT&BR R, TRACT 10A, ACRES 4.951 A0504 H T & B R R, TRACT 28A, ACRES 5.000 A0219 H T & B R R, TRACT 10 (CALLED LT 3), ACRES 0.970 A0504 H T & B R R, TRACT 28, ACRES 5.000 A0219 H T & B R R, TRACT 10 (CALLED LT 3), ACRES 0.970 A0219 H T & B R R, TRACT 10B (CALLED LT 4), ACRES 0.970 A0219 H T & B R R, TRACT 10 (CALLED LT 3), ACRES 0.970 A0219 H T & B R R, TRACT 10C (CALLED LT 2) A0219 H T & B R R, TRACT 10 (CALLED LT 3), ACRES 0.970 A0504 H T & B R R, TRACT 29B, ACRES 5.000 September 10, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1061 Request of Thomas K. Stoneman and Betty Stoneman, agent for Texas Underground, Inc., owners for an amendment to the Land Use and Urban Development Ordinance from classification Suburban Development District (SD) to Light Industrial District (M-1) on the following described property, to wit: 4.951 acres, A-219 of the H.T.& B.RR. Company Survey, Tract 10A, recorded in Volume (88) 570, Page 393, of the Official Records of Brazoria County, TX (1617 Garden Road) Honorable Mayor and Council Members: At a regular meeting held on September 9, 2002, immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ruby Sandars made a motion to forward Zoning Application No. 1061 to City Council for approval with a second made by Commissioner Ray Bacon. Motion to approve passed 3 to 2. Voting Record: "Aye" — Chairman Iocco, Commissioner's Bacon & Sandars. "No" — Vice -Chairman Selemon and Greiner. This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Thomas K. Stoneman and Betty Stoneman, 1617 Stone Rd, Pearland TX 77581 Texas Underground, Inc., 1617 Garden Road, Pearland, TX 77581 Page 1 of 1 Aprieaten 1064 No.509-607 .,11.?kto This case has been tabled in order to allow the applicant an opportunity to submit a PUD. Should the applicant follow through with a PUD submittal, all rezoning fees should be waived. My recommendation at this time is to give the applicant additional time to prepare the PUD and, • therefore, leave the case on the table. Also, the land use recommendations within the Comp. Plan update my change for this area and, therefore, the City's current rezoning recommendation of denial. Please let me know if you have any questions or need additional clarification. CC: Young Lorfmg, City Secretary INTEROFFICE MEMORANDUM TO: Lata Krishnarao, Planning Manager Theresa Grahmann, Planner I FROM: Tobin E. Maples, Executive Director of Community Services �4 DATE: June 16, 2004 >SUBJ1 Pending Zoning Cases DISCUSSI( Currently there are three (3) zoning cases pending within the City Secretary's files. My recommendation for each case is detailed below. Please ensure the applicable action gets taken at your earliest conveience. 1. Application No. 1005 Ord. No. 509-550 SD to M-1 This was a City initiated case associated with the 2001 involuntary annexations. The Council tabled this case in order to allow the owners an opportunity to present an alternative. To date, the owners have not submitted anything so I don't know what they are planning. Since the property is zoned SD and the City will be rezoning all SD properties when the new UDC is adopted, I recommend we simply draft a letter for the file withdrawing the application. The letter needs to be copied to Young. 2. Application No. 1135 i Ord. No. 509-685 SD to GB or commercial The applicant and I do not agree with the long range plans for this corridor (Comp. Plan) so we have not been able to negotiate a solution. This case is currently tabled at the applicants request as he could not attend the scheduled Council meetings. My recommendation is to send the applicant a letter stating the case has been scheduled for hearing with a recommendation for denial. Once the letter has been sent, the case should be scheduled accordingly. 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us a0 Printed on Recycled Paper 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 1 issues,. as follows: No Date 8-2/ 20 67 No. Date 20 No. Date 20 No Date 20 No Date 20 Subscribe and sworn to before me this 20 0i- LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 inati President Laura Ann Emmons, Publisher Notary -Public, State of Texas Public Hearing - Application No. 1061 Published 8/21 &28/02 Published Aug. 21 & Aug. 28, 2002 NOTICE OF A JOINT • PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING I COMMISSION OF THE CITY OF PEARLAND, TEXAS - Notice is hereby given that on the 9th day of September, 2002, at 6:30 p.m., the City Council and ' Planning and Zoning Commission of the City of Pearland, 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, Thomas K. Stoneman or Berry Stoneman, agent for Texas. Underground, Inc., owner, for an amendment to i the Land Use and Urban Development Ordinance of said City from Classification Suburban, Development , ' District (SD) to Light ' Industrial District (M-1) on ? the following described. property, to wit: 4.951 acres, A-219 of the HT&BRR Company Survey, Tract 10A, recorded in Volume (88) 570, Page 393, of the' Official Records of Brazoria County, TX (1617 , Garden Road) ' At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Mona Ann Phipps ' Development Coordinator _ APPLICATION NO. 1061 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 8- Date 20 No. Date 20 No. Date No Date Subscribe and sworn tobefore me this 200� • • • • • • • • • LAURA ANN EMMONS Notary Public, State of Texas • Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Public Hearing - Application No. 10p1 Published 8/21&28/02 Published Aug. 21 && Aug. j 28, 2002 NOTICE OF A JOINT— • PUBLIC HEARING OF THE • CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OFTHE CITY OF PEARLAND, TEXAS' Notice is herby given that on the 9th day of September, 2002, at 6:30 p.m., the City Council and • I Planning and Zoning Commission of the City of Pearland, Brazoria, Harris and Fort Bend Counties, Texas; -wilt -conduct- a- joint - public hearing in the Council Chambers of City Hall, 3519 Liberty Drive,. Pearland, Texas, on the request of Thomas K. Stoneman or Berry Stoneman, agent for Texas Underground, Inc., • owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development. District (SD) to Light Industrial District (M-1) on . the following described property, towit: 4.951 acres, A-219 of the HT&BRR Company Survey, Tract 10A, recorded in Volume (88) 570, Page 393, of the Official Records of Brazoria County, TX (1617 Garden, Road) At said hearing all interested parties;shall have1the right and opportunity to appear and be heard on the subject. /s/Mona Ann Phipps . Development Coordinator- - APPLICATION NO. 1061 . TA! 1 drreY n a �./A if kJLL.ILoL /-tII @JIN 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 0c.4 / 20 3 3 No Date 20 No. Date :20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 President aura Ann Emmons, Publisher • Notary Public, State of Texas rPublished Oct. 1 and Oct. 8, 2003 , ( NOTICE OF • A JOINT PUBLIC HEARING OF THE I'CITY COUNCIL AND THE I PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby'given that on the 20th day of October,"i 2003, at 0:30 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 I Council Chambers of City' Hall, 3519 Liberty Drive, Pearland, Texas, on the request. of Thomas • K. Stoneman • ,and Betty Stoneman; applicants for; !Texas Underground, - Inc., i owner, for an amendment to ; the Land Use and Urbanf Development Ordinance of i said City from Classification Suburban Development i District (SD) " to Light Industrial District (M-1) on the, following described property, ', to wit: 4.951 acres, Tract 10A, and 1.025 acres, Tract 9D, Abstract 219, Section 7, H.T. & B.R.R. Company Survey, Brazoria County, Texas (1617 Garden Road). At said hearing all interested ' parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Planner I APPLICATION NO. . wo sLLF1 eY 1111 Q..JIL) Lfi ..fill 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 o G- 20 a 3 No Date 20 No Date :20 No Date 20 No. Date 20 Subscribe and sworn to before me this Z� 20 03 President Laura Ann Emmons, Publisher Notary Public, State of Texas !"NOTICE OF A JOINT ,.,PUBLIC HEARING OF THE • i CITY COUNCIL AND .THE PLANNING AND ZONING .,COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice'is hereby given that on the 20th day of October, 2003;; at 6:30 p.m., the City Council- and Planning and-.+ Zoning Commission of the City bf-Pearland, in Brazoria, Harris and Fort Bend! Counties, Texas, will conduct .a joint public hearing in, the Council Chambers of Cityi Hall, 3519 Liberty Drive,; �. Pearland, Texas, on . the' request of Thomas • K., Stoneman • 'and Betty', Stoneman, applicants • for! Texas Underground, 'Inc., owner, for an amendment to l the Land Use and. Urban 1 Development Ordinance of said City' from Classificatiori Suburban. Development, District • (SD) to • Light . Industrial District (M-1) on the., following described property, to wit: ,4.951 acres, Tract 10A, and 1.025 • acres, Tract 9D; Abstract 219, Section 7, H.T. &.B.R.R. Company Survey, _ Brazoria County, Texas (1617 Garden Road). At said hearing all interested • parties shall have the right and opportunity to appear ,l and be heard on the subject. t /sl Theresa Grahmann Planner i