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Ord. 509-806 10-24-05ORDINANCE NO. 509-806 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 10.8757 ACRES OF LAND, RESTRICTED RESERVE "A" OUT OF THE FINAL PLAT OF HOME DEPOT U.S.A, INC. SUBDIVISION, A SUBDIVISION CONTAINING 14.6536 ACRES OF LAND SITUATED IN THE W.D.C. HALL SURVEY, ABSTRACT 70, GEORGE W. JENKINS SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE EAST SIDE OF DIXIE FARM ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 152) FOR A SPECIFIC USE PERMIT FOR OUTSIDE DISPLAY AND SALE OF MERCHANDISE AND EQUIPMENT IN THE COMMERCIAL DISTRICT (C) AT THE REQUEST OF ARCHITECTURAL GROUP INTERNATIONAL (AGI), APPLICANT FOR THE HOME DEPOT, 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, Architectural Group International (AGI), applicant for The Home Depot, owner, filed on July 25, 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 15th day of August, 2005, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, the affidavit of publication being attached thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and 1 ORDINANCE NO. 509-806 WHEREAS, on the 30th day of September, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Architectural Group International (AGI), applicant for The Home Depot, owner, whereby the Commission recommended approval of the change of classification for the described property for a Specific Use Permit for Outside Display and Sale of Merchandise and Equipment in the 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 October 10, 2005; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application of Architectural Group International (AGI), applicant for The Home Depot, 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 Commercial District (C) is hereby zoned for a Specific Use Permit for Outside Display and Sale of Merchandise and Equipment in the Commercial District (C); such property being more particularly described as: 10.8757 acres of land, Restricted Reserve "A" out of the Final Plat of Home Depot U.S.A, Inc. Subdivision, a subdivision containing 14.6536 acres of land 2 ORDINANCE NO. 509-806 situated in the W.D.C. Hall Survey, Abstract 70, George W. Jenkins Subdivision, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of FM 518 (Broadway Street), and on the East Side of Dixie Farm Road) The Specific Use Permit is subject to the following requirements: 1. The applicant provide a opaque screening area consisting of landscaping in accordance with the landscape plan attached hereto as Exhibits "C" and "D," dense enough to screen the display from Dixie Farm Road. 2. The proposed display area will be located only along Dixie Farm Road. 3. The trailer display located within the parking lot will be relocated to the designated display area along Dixie Farm Road. 4. The applicant will remove the existing fence along the edge of the garden center, as indicated in Exhibits "C" and "D." II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. 3 ORDINANCE NO. 509-806 IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509 and consistent with the approval herein granted for the reclassification of the herein above described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this loth day of October , 2005. )0-kt,) `K-AcP TOM REID MAYOR 4 ORDINANCE NO. 509-806 ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day of October , 2005. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 5 May 2005 APPLICATION FOR A CHANGE IN ZONING Please check one: 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: to: (list current zoning) (list proposed zoning) Specific Use Permit Request for : Property Information: Address: l 5I Li E. 15(zPeDt,..Lk-r 5 . Subdivision: (list proposed use) g59/0w.5 Tax Account No. e3:9/ lo`f 1 Lot: Block: ** Attach a copy of the metes and bounds description, survey, or legal description** Current use of property (type of structures on property): Future/proposed use of property and reason for zone change: PROPERTY OWNER INFORMATION: NAME ADDRESS 2-4SL; CITY kll-kt-4-Tk STATE 69l4 ZIP 3D3. 1 PHONE( FAX( ) E-MAIL ADDRESS APPLICANT INFORMATION: NAME MI (C.0r4--rrbt-r ADDRESS [no t= • (Z i�lg2 Tom- 4x„`t[7_ S .o CITYlo,LLt4c.17-0 k STATE \L-`( ZIP L{ Hit PHONE( gY ) ZCa I . SL{ be) FAX( SS 1) ZCa I , 5536 E-MAIL ADDRESS 4 16/0.— A.6I1-US .Gil PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: Agent's Signature: 4,J Date: Date: 'j 12-1 ibcp- OFFICE USE ONLY: FEES if n OD PAID: �,/ DATE PAID: r7�5 QS RECEIVED EIVED BY: 5P 5gNUMBER: u/ ***APPLICATION ICONSIDERED INCOMPLE WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND THE APPLICATION FEE*** Page 103 of 106 LOCATION MAP Specific Use Permit Application No. 152 0 200 400 Feet IIIII l Map Prepared on July 29, 2005 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No. / Date Jj -off 7 20 b5 1 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this .2 g 20_c_ LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 day of Laura nn Emmons, Publisher Notary Public, State of Texas Published July 27 and August 3, 2005 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS SPECIFIC USE PERMIT APPLICATION NO. 152 Notice is hereby given that on August 15, 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Architectural Group International (AGI), appli- cant for The Home Depot, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for `Outside Display, Storage, and Sale of Merchandise and Equipment" in the Commercial District (C), on the following described property, to wit: 10.8757 acres of land, Restricted Reserve "A" out of the Final Plat of Home Depot U.S.A, Inc. Subdivi- sion, a subdivision contain- ing 14.6536 acres of land situated in the W.D.C. Hall Survey, Abstract 70, George W. Jenkins Subdivision, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of FM 518 (Broadway Street), and on the East Side of Dixie Farm Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner 5uP I S a 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 F- 3--- 6'' 20 fiC No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to b- • ..e,.;._ i 20 0-C LION 0 °I4ea of leXae mmiss\o� EXa M � " � • "' Co President Laura Ann Emmons, Publisher Notary Public, State of Texas Published July 27 and August 3, 2005 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS SPECIFIC USE PERMIT APPLICATION NO. 152 Notice is hereby given that on August 15, 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Hams 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 Architectural Group International (AGI), appli- cant for The Home Depot, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for 'Outside Display, Storage, and Sale of Merchandise and Equipment" in the Commercial District (C), on the following described property, to wit: 10.8757 acres of land, Restricted Reserve "A" out of the Final Plat of Home Depot U.S.A, Inc. Subdivi- sion, a subdivision contain- ing 14.6536 acres of land situated in the W.D.C. Hall Survey, Abstract 70, George W. Jenkins Subdivision, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of FM 518 (Broadway Street), and on the East Side of Dixie Farm Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner Playing & Zonin Commission Recommendation Letter September 30, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Specific Use Permit Application No. 152, a request by Architectural Group International (AGI), applicant for The Home Depot, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for "Outside Display, Storage, and Sale of Merchandise and Equipment" in the Commercial District (C) Honorable Mayor and City Council Members: At their regular meeting of September 19, 2005, the Planning and Zoning Commission considered the request for a Specific Use Permit for "Outside Display, Storage, and Sale of Merchandise and Equipment" in the Commercial District (C), on the following property: Legal Description: 10.8757 acres of land, Restricted Reserve "A" out of the Final Plat of Home Depot U.S.A, Inc. Subdivision, a subdivision containing 14.6536 acres of land situated in the W.D.C. Hall Survey, Abstract 70, George W. Jenkins Subdivision, City of Pearland, Brazoria County, Texas General Location: Generally Located on the South Side of FM 518 (Broadway Street), and on the East Side of Dixie Farm Road Commission Member locco made a motion to recommend approval of the specific use permit request, with the condition that the applicant provide a opaque screening area consisting of landscaping, which was seconded by Commission Member West. The motion to approve passed 3 — 1. Commission Member locco voted against the motion for approval. The specific use permit was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Agenda Request SUP 152 Page 4 of 4 'rf'` -= Theresa Grahmann 12/20/2005 01:08 PM rt To: Young Lorfing/COP©ci.pearland.tx.us, Shannon Seale/COP@ci.pearland.tx.us cc: Subject: Revised 509's I just sent over hard copies on bond paper of the following: 509-809-= revised to remove (2) from the`conditions-listed on -page 3, which was struck by Council during �he meeting —�'' `--` _,.,... I 509-806 - revised to remove "storage" from the caption and the text. Thanks. Theresa A. Grahmann Senior Planner City of Pearland 3519 Liberty Drive Pearland, Texas 77581 281-652-1742 phone 281-652-1702 fax ORDINANCE NO. 509-806 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 10.8757 ACRES OF LAND, RESTRICTED RESERVE "A" OUT OF THE FINAL PLAT OF HOME DEPOT U.S.A, INC. SUBDIVISION, A SUBDIVISION CONTAINING 14.6536 ACRES OF LAND SITUATED IN THE W.D.C. HALL SURVEY, ABSTRACT 70, GEORGE W. JENKINS SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE EAST SIDE OF DIXIE FARM ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 152) FOR A SPECIFIC USE PERMIT FOR OUTSIDE DISPLAY, STORAGE, AND SALE OF MERCHANDISE AND EQUIPMENT IN THE COMMERCIAL DISTRICT (C) AT THE REQUEST OF ARCHITECTURAL GROUP INTERNATIONAL (AGI), APPLICANT FOR THE HOME DEPOT, 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, Architectural Group International (AGI), applicant for The Home Depot, owner, filed on July 25, 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 15th day of August, 2005, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, the affidavit of publication being attached thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and 1 ORDINANCE NO. 509-806 WHEREAS, on the 30th day of September, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Architectural Group International (AGI), applicant for The Home Depot, owner, whereby the Commission recommended approval of the change of classification for the described property for a Specific Use Permit for Outside Display, Storage, and Sale of Merchandise and Equipment in the 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 October 10, 2005; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application of Architectural Group International (AGI), applicant for The Home Depot, 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: The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Commercial District (C) is hereby zoned for a Specific Use Permit for Outside Display, Storage, and Sale of Merchandise and Equipment in the Commercial District (C); such property being more particularly described as: 10.8757 acres of land, Restricted Reserve "A" out of the Final Plat of Home Depot U.S.A, Inc. Subdivision, a subdivision containing 14.6536 acres of land 2 ORDINANCE NO. 509-806 situated in the W.D.C. Hall Survey, Abstract 70, George W. Jenkins Subdivision, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of FM 518 (Broadway Street), and on the East Side of Dixie Farm Road) The Specific Use Permit is subject to the following requirements: 1. The applicant provide a opaque screening area consisting of landscaping in accordance with the landscape plan attached hereto as Exhibit "C". 11. 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. 509-806 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 , 2005. ATTEST: YOUNG LORFING, TRMC CITY SECRETARY TOM REID . MAYOR 4 ORDINANCE NO. 509-806 PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2005. ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 5 EASING DISPLAY TO E f9OCATED GENERAL NOTES SERE AREA OUTDOOR SUES (GARDEN wnulk RIM EASING SPACES SPACES USED OY DISPLAY AREA SPACES IFFT AFTER AREA IS ADM! NEES - ALL DISPLAY 511WCNRES ID USE TE-0OMS EASING FENCE PATOI PAYEIRIf AS NECESSARY TED TRUER DISPLAY AREA DISPLAY/REA EXHIBIT C A !(OESF 21.924 SF 552 S 527 Gtour 1 NTEIMAIKMAL one. am oars om+c+a� mrnor •nn wnw-want Rw-aw.mt 16A3be - onwaNn ® ®/ _ AA 6 IMAMSAA uC)r salad' wz /W/yy SW IL LL J =<0< =tea >�INNE DEPOT STORE / 651.7 1514 E. (ROADWAY STREET PEARL/AL 12 71551 SITE PLAN Al is ' 1 `I 1 .... tt.47 Ve 4 4 a1 1.4 . ... 4.. OM INZUM '...e, awA- 1/4— samumseini L c q) ( C. O DISPLAY LAYOUT SCALE 1/32 = 1'-0" L. O DISPLAY LAYOUT A2 A2 SCALE 1/32- = r—o- EXHIBIT C AROMECTURAL GROUP I MRLWIOPI LL Ism .11191:111MKZ, .M. .on, us sm.. .ano ragassu-Rue FRAtionec Q ®rnros 1 A faitui75 Li — tO s cDloo 63 `wW SW Iix OW 1EICE DEPOT 51TRE,SW 1514 E HROAUf.W 511iEEI 1FN3A0. 15 77581 DISPLAY LAYOUT .. 7- A2 OCTOBER 10 AGENDA REQUEST INFORMATION APPLICATION STATUS: The proposed specific use permit was considered on August 15, 2005, at the Joint Public Hearing, and was subsequently tabled by the Planning and Zoning Commission at the regular Commission meeting held after that Joint Public Hearing. The discussion at the public hearing and the Commission meeting focused mainly on screening of the proposed storage area. The proposed specific use permit was tabled by the Commission in order to allow the applicant to revise the site plan and propose screening for the outside storage and display area. The Commission acted on the proposed specific use permit on September 19, 2005. EXECUTIVE SUMMARY The applicant is requesting approval of a Specific Use Permit for outside display, storage, and sale of merchandise and equipment in the Commercial District. The subject property is currently zoned Commercial District, and a Home Depot is currently located on the subject property. The Land Use and Urban Development Ordinance states the following under the Commercial District regulations: "Out of doors display, storage, and sale of merchandise, equipment, and vehicles shall be permitted provided the commercial zoning district is not adjacent to a residential zoned property. Approval of a Specific Use Permit authorizing said outdoor activities and uses is required for commercial zoning districts adjacent to residential zoned property." The subject property shares a south and east property line with tracts zoned as Single Family Dwelling District R-1 and R-4. The applicant has indicated that the type of outside sales and storage will be typical of the other Home Depot stores in the City. Outside sales will consist of various sheds, garages, carports, and other similar buildings. The staff report presented at the Joint Public Hearing on August 15, 2005, is attached to this request, for your reference, as well as the report presented to the Commission at their regular meeting of September 19, 2005. During the public hearing, the applicant was proposing an area along Dixie Farm Road for the proposed storage area. It was also discussed that there is a lot of storage on the overall subject tract, such as another area of storage within the parking lot for the storage of trailers, and that a lot of outside storage exists along the garden center area. Agenda Request SUP 152 Page 2 of 4 During the workshops and review of the Unified Development Code (UDC), the City Council stated that they prefer landscaping as a screening device in certain situations rather than masonry fences. The applicant has since revised the site plan as follows: 1. The proposed storage area will be located along Dixie Farm Road, as was previously proposed. 2. The trailer display located within the parking lot will be relocated to the designated storage area along Dixie Farm Road. 3. The applicant has indicated that they will plant a landscaping screen, hedges, and trees dense enough to screen the display from Dixie Farm Road. 4. The applicant has indicated that they will remove the existing fence along the edge of the garden center (see attached site plan). JOINT PUBLIC HEARING COMMENTS Other than the applicant's presentation of the proposed specific use permit, no one else spoke either in opposition to or in support of this zone change request. One property owner did speak to ask questions pertaining to how these structures would be tied down in high winds. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning & Zoning Commission considered this specific use permit request at their regular meeting of September 19, 2005. Commission Member locco made a motion to recommend approval of the specific use permit request, with the condition that the applicant provide a opaque screening area consisting of landscaping, which was seconded by Commission Member West. The motion to approve passed 3 — 1. Commission Member locco voted against the motion for approval. The specific use permit was recommended for approval by the Planning and Zoning Commission. RECOMMENDED ACTION Consider the requested specific use permit. Agenda Request SUP 152 Page 3 of 4 II EXISTING TRAILER DISPLAY TO BE RELOCATED t 6 tit t's7-drt't• ,t t SITE PLAN NOT TO SCALE P,- GENERAL NOTES STORE AREA MAIN BUILDING: OUTDOOR SALES (GARDEN CENTER): PARKING 108,000 SF 21,924 SF TOTAL EXISTING SPACES: 552 SPACES USED BY DISPLAY AREA: 25 SPACES LEFT AFTER AREA IS ADDED: 527 NEES SP =Y STRUCTURES TO USE TIE -DOWNS LANDSCAPED AREA 'A" - EXHIBIT 'D' REMOVE EXISTING FENCE. PATCH PAVEMENT AS NECESSARY. ALL EXTERIOR STORAGE TO BE REMOVED RELOCATED TRAILER DISPLAY AREA PROPOSED DISPLAY AREA LANDSCAPED AREA 'B' - SEE EXHIBIT EXHIBIT "C" /NM II EMU ARCHITECTURAL GROUP I NTERNATIONAL 100E. IIVEICENTIR BLVD.. SUITE200 COVINGTON, KENTUCKY 41011 PH459-241-5400 MX859-241-5550 Revisions 1 D•b BY 08/22/05 AJI A, in/ns/Qa A111 ® 10/70/05 Adl THE HOME DEPOT STORE # 6543 1514 E. BROADWAY STREET PEARLAND, TX 77581 7150 SITE PLAN Date •- Drawn BY Sane/ By Al MEGWOKE mnlmuY L+e) 7 Wd IeN2 IOq 12QJ N®O 11.10 MUD � SEAMS IOnI 2/C1 SARI 2032 PAM DISPLAY LAYOUT `• OA' Po SCALE: 1/32" = 1'-0" PANT MS DDn I5d =SIR 92L0AIK DEMO 911119301Y /011100.1. ODE ennui 04= 103IS m DLO Me IS® now O'd USOIO MOM( Pd TALL DD®1 N®Y sly Y DISPLAY LAYOUT `I V Y Y Y v v v v GENERAL NOTES SHRUBS: DES: SCALE: 1/32" = 1'-0" PLANTED AT 36" ON CENTER, 4' HIGH AT PLANTING, EVERGREEN PLANTED AT 15' ON CENTER, MINIMUM 3' CAUPER AT PLANTING EXHIBIT "D" )111 ARCHITECTURAL GROUP 1 NTERNATIONAL 100 E. XIYEKENTEX OLVD., SUI1E200 COVINOTON, ID:NTUCCf 41011 F0259-2614400 F40059-261- 530 Reviabns Mark Date By neopNm 0B/22/05 AJI 10/03/05 A� L 10/ n/05 THE HOME DEPOT STORE # 6543 1514 E BROADWAY STREET PEARLAND, 1X 77581 T010 DISPLAY LAYOUT Derr • - Drawn By • A! anny By A2 11/4#4 N1111111.1.4 re: ADICOENTERPRISES INCe A N RUSCHE DISTRIBUTING CO (FM 518 WAL=MART REALESTATE BUS TR MAYNOR GARY MARTIN CECELIA 200 'NOTIFICATION-LI • 411140 • • • • MITSt HARRISON AN; 22ND ST. 1P4 lit:) `, ill MILESTONE PARTNERS LTD` 10 W R••• YY*4P ` PEARLAND BROADWAY CENTER LLC 1W / 1141 '�,KMEA PINS LP * .,/;, KMEA PINS LPs HD DEVELOPMENT PROPERTIES LP 4: ,'„ HD DEVELOPMENT PROPERTIES LP.. ..,,,.., SUBJECT PROPERTY.:'' •-/-' �, •IP* • OWNERSHIP MAP WE Specific Use Permit Application S No. 152 0 200 400 Feet I Map Prepared on July 29, 2005 PROP ID OWNER R218978 MILESTONE PARTNERS LTD R285318 A N RUSCHE DISTRIBUTING CO R521645 HD DEV PROP%HOME DEPOT USA INC R521646 PEARLAND BDWY CEN%PRISKE-JONES CO R517268 HARRISON AND 22ND ST LP THE HOME DEPOT AGI ATTN ANDREW IGEL R285316 WAL-MART PR TAX DEPT#0555 R218979 KMEA PTNS LP R218979 KMEA PTNS LP R503917 ADICO ENTERPRISES INC R218981 MAYNOR GARY MARTIN & CECELIA R218946 CONOCO/PHILLIPS CO%RPA-PTRRRC DEPT R521648 HD DEV PROP%HOME DEPOT USA INC R521647 HD DEV PROP%HOME DEPOT USA INC SPECIFIC USE PERMIT APPLICATION NO. 152 Property Owner Notification List ADDRESS 9801 WESTHEIMER RD STE 202 555 E AIRTEX DR 13201 NORTHWEST FWY STE 550 3100 ALABAMA CT 1915EKATELLAAVESTEA 2455 PACES FERRY ROAD 100 E RIVERCENTER BVD STE 200 1301 SE 10TH ST 1913 NASA PKWY 1913 NASA PKWY 9802 GULF FWY 3205 DIXIE FARM RD PO BOX 2197 13201 NORTHWEST FWY STE 550 13201 NORTHWEST FWY STE 550 CITY ST ZIP CODE HOUSTON TX HOUSTON TX HOUSTON TX HOUSTON TX ORANGE CA ATLANTA GA COVINGTON KY BENTONVILLE AR SEABROOK TX SEABROOK TX HOUSTON TX PEARLAND TX HOUSTON TX HOUSTON TX HOUSTON TX 77042-3951 77073-6099 77040-6023 77027-5909 92867-5110 30339 41011 72716-0001 77586-3417 77586-3417 77034-1041 77581-6203 77252-2197 77040-6023 77040-6023 LEGAL DESCRIPTION JENKINS (A0070 W D C HALL), LOT 72-73A, ACRES 8.4082 518 DIXIE PLAZA (A0070 W D C HALL), BL 1, LOT C, ACRES 1.041 HOME DEPOT USA (A70 WDC HALL), BL 1, RES A, ACRES 10.8757 HOME DEPOT USA (A0070 WDC HALL), BL 1, RES B, ACRES 0.8838 FOODMAKER 3929 (A70 WDC HALL), BL 1, LOT 1, ACRES 0.9148 PROPERTY OWNER APPLICANT 518 DIXIE PLAZA (A70 W D C HALL), BL 1, RES A, ACRES 24.062 JENKINS (A0070 W D C HALL), LOT 73B-74C, ACRES 0.870 JENKINS (A0070 W D C HALL), LOT 73B-74C, ACRES 0.870 JENKINS (A0070 W D C HALL), LOT 74D, ACRES 1.067 JENKINS (A0070 W D C HALL), LOT 76-76A„ACRES 10.00 JENKINS (A0070 W D C HALL), LOT 64A-71A-75A, ACRES 4.050 HOME DEPOT USA (A70 WDC HALL), BL 1, RES D, ACRES 1.1457 HOME DEPOT USA (A70 WDC HALL), BL 1, RES C, ACRES 1.5066 PLANNING AND ZONING COMMISSION REGULAR MEETING OF SEPTEMBER 19, 2005 Specific Use Permit Application No. 152 TO: Planning and Zoning Commission SUBJECT: A request by Architectural Group International (AGI), applicant for The Home Depot, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for "Outside Display, Storage, and Sale of Merchandise and Equipment" in the Commercial District (C) LEGAL 10.8757 acres of land, Restricted Reserve "A" out of the Final DESCRIPTION: Plat of Home Depot U.S.A, Inc. Subdivision, a subdivision containing 14.6536 acres of land situated in the W.D.C. Hall Survey, Abstract 70, George W. Jenkins Subdivision, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Generally Located on the South Side of FM 518 (Broadway Street), and on the East Side of Dixie Farm Road APPLICATION STATUS: The proposed specific use permit was considered on August 15, 2005, at the Joint Public Hearing, and was subsequently tabled by the Planning and Zoning Commission at the regular Commission meeting held after that Joint Public Hearing. The discussion at the public hearing and the Commission meeting focused mainly on screening of the proposed storage area. The proposed specific use permit was tabled by the Commission in order to allow the applicant to revise the site plan and propose screening for the outside storage and display area. SUMMARY: The applicant is requesting approval of a Specific Use Permit for outside display, storage, and sale of merchandise and equipment in the Commercial District. The subject property is currently zoned Commercial District, and a Home Depot is currently located on the subject property. P&Z Remove from Table — SUP 152 Page 1 The Land Use and Urban Development Ordinance states the following under the Commercial District regulations: "Out of doors display, storage, and sale of merchandise, equipment, and vehicles shall be permitted provided the commercial zoning district is not adjacent to a residential zoned property. Approval of a Specific Use Permit authorizing said outdoor activities and uses is required for commercial zoning districts adjacent to residential zoned property." The subject property shares a south and east property line with tracts zoned as Single Family Dwelling District R-1 and R-4. The applicant has indicated that the type of outside sales and storage will be typical of the other Home Depot stores in the City. Outside sales will consist of various sheds, garages, carports, and other similar buildings. During the public hearing, the applicant was proposing an area along Dixie Farm Road for the proposed storage area. It was also discussed that there is a lot of storage on the overall subject tract, such as another area of storage within the parking lot for the storage of trailers, and that a lot of outside storage exists along the garden center area. During the review of the Unified Development Code (UDC), the City Council stated that they prefer landscaping as a screening device in certain situations rather than masonry fences. The applicant has since revised the site plan as follows: 1. The proposed storage area will be located along Dixie Farm Road, as was previously proposed. 2. The trailer display located within the parking lot will be relocated to the designated storage area along Dixie Farm Road. 3. The applicant has indicated that they will plant a landscaping screen, hedges, and trees dense enough to screen the display from Dixie Farm Road. STAFF RECOMMENDATION: Staff recommends approval of the specific use permit, as proposed by the applicant, for the following reasons: 1. The proposed specific use permit provides for outside retail sales of merchandise associated with the retail business on the subject property. P&Z Remove from Table — SUP 152 Page 2 2. The subject property is currently zoned Commercial District. 3. Staff recommends that the applicant screen the display areas as follows: - Along Dixie Farm Road, the applicant plant evergreen shrubbery that is 4 feet high at planting, spaced 36 inches apart. - Along the island on the north end of the display area, the applicant plant evergreen shrubbery that is 4 feet high at planting, spaced 36 inches apart, and 1 tree every 15 feet. - Along the garden center frontage, the applicant plant evergreen shrubbery that is 4 feet high at planting, spaced 36 inches apart, and 1 tree every 15 feet. SUPPORTING DOCUMENTS: • Location Map • Proposed Site Plans • Joint Public Hearing Staff Report from August 15, 2005 P&Z Remove from Table — SUP 152 Page 3 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF AUGUST 15, 2005 TO: SUBJECT: Specific Use Permit Application No. 152 City Council Planning and Zoning Commission A request by Architectural Group International (AGI), applicant for The Home Depot, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for "Outside Display, Storage, and Sale of Merchandise and Equipment" in the Commercial District (C) LEGAL 10.8757 acres of land, Restricted Reserve "A" out of the Final DESCRIPTION: Plat of Home Depot U.S.A, Inc. Subdivision, a subdivision containing 14.6536 acres of land situated in the W.D.C. Hall Survey, Abstract 70, George W. Jenkins Subdivision, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Generally Located on the South Side of FM 518 (Broadway Street), and on the East Side of Dixie Farm Road APPROVAL PROCESS: After this Joint Public Hearing, the requested specific use permit application will be considered as follows: Planning and Zoning Commission: August 15, 2005* City Council for First Reading: September 12, 2005* City Council for Second Reading: September 26, 2005* (*dates subject to change if item is tabled) SUMMARY: The applicant is requesting approval of a Specific Use Permit for outside display, storage, and sale of merchandise and equipment in the Commercial District. The subject property is currently zoned Commercial District, and a Home Depot is currently located on the subject property. JPH — SUP 152 Page 1 The Land Use and Urban Development Ordinance states the following under the Commercial District regulations: "Out of doors display, storage, and sale of merchandise, equipment, and vehicles shall be permitted provided the commercial zoning district is not adjacent to a residential zoned property. Approval of a Specific Use Permit authorizing said outdoor activities and uses is required for commercial zoning districts adjacent to residential zoned property." The subject property shares a south and east property line with tracts zoned as Single Family Dwelling District R-1 and R-4. The applicant has indicated that the type of outside sales and storage will be typical of the other Home Depot stores in the City. Outside sales will consist of various sheds, garages, carports, and other similar buildings. SURROUNDING ZONING AND LAND USES: Zoning North Commercial District (C) South Single Family Dwelling District (R-1) East Commercial District (C) and Single Family Dwelling District (R-4) West Commercial District (C) Land Use Various retail and commercial businesses Single family residence; undeveloped tract Commercial and retail businesses; undeveloped tracts Various retail and commercial businesses, including Wal-Mart Supercenter CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting a Specific Use Permit for outside display, storage, and sale of merchandise and equipment. The applicant would be required to comply with all setbacks and requirements of the C district. The applicant will be required to comply with all other requirements of the Land Use and Urban Development Ordinance, as well as the Building Code and other various codes. PLATTING STATUS: The subject property has been platted as part of the Final Plat of Home Depot USA Subdivision. No further platting is required at this time. JPH — SUP 152 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 General Business District (GB), the Neighborhood Service District (NS), and the Office and Professional District (OP). The existing C zoning of the subject property currently conflicts with the recommendation of "Retail, Offices, and Services" for the subject property. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Broadway Street (FM 518) and Dixie Farm Road, both major thoroughfares with an ultimate right-of-way of 120 feet. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: There are existing water mains along Dixie Farm Road, Broadway Street, and within the existing Home Depot site. There are existing sanitary sewer force mains and gravity mains along Dixie Farm Road and within the existing subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The Specific Use Permit is being requested due to the adjacency with the R-1 and R-4 zoned properties to the south and east. The proposed display and storage area is not proposed to be located along any of these shared property lines. The display and storage area is proposed to be located within a parking area along Dixie Farm Road. The applicant has indicated that the storage area would be confined to a 90 foot by 90 foot area (8,100 square feet) area located along the Dixie Farm Road side of the property. The display and storage area would contain several structures, such as those shown on the attached information provided by the applicant. These structures include carports, garages, barns, cabins, and other structures of varying sizes. These structures, including the width, depth, height, and description are included in the attachments to this report. The applicant has indicated that the display area would take up 25 parking spaces in the existing parking lot. The Home Depot is required to have 540 total spaces, by ordinance. There are 583 total parking spaces provided. Therefore, the loss of 25 parking spaces would not affect the required parking. Screening Considerations: The applicant is proposing to locate the display and storage areas with the parking lot, but they are not proposing any fencing or screening along the display areas. Dixie Farm Road JPH — SUP 152 Page 3 is specified as a major thoroughfare on the Master Thoroughfare Plan, and the visibility of these structures from Dixie Farm Road is a concern. Also, the setback of the structures from Dixie Farm Road is a concern. On Pearland Parkway, as part of the overlay district, all storage areas are required to be setback at least 30 feet from the right-of-way line of Pearland Parkway. Dixie Farm Road may be proposed to be an overlay district in the Unified Development Code. The proposed height of the displayed buildings ranges from 8 feet to 20 feet. The applicant may also be able to relocate the storage area to another location on the site, away from Dixie Farm Road. Staff recommends that the applicant either screen the display area with a 6 foot high masonry fence on the sides visible from Dixie Farm Road, or relocate the display area to another area on the site, away from the two adjacent major thoroughfares of Dixie Farm Road and Broadway Street, or locate the display area at least 30 feet from Dixie Farm Road. PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published ,in the local newspaper, and a Zoning Sign was placed on the subject property. STAFF RECOMMENDATION: Staff recommends approval of the specific use permit, as proposed by the applicant, for the following reasons: 1. The proposed specific use permit provides for outside retail sales of merchandise ' associated with the retail business on the subject property. 2. The subject property is currently zoned Commercial District. 3. Staff recommends that the applicant either screen the display area with a 6 foot high masonry fence on the sides visible from Dixie Farm Road, or relocate the display area to another area on the site, away from the two adjacent major thoroughfares of Dixie Farm Road and Broadway Street, or locate the display area at least 30 feet from Dixie Farm Road. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan • Additional Information from the Applicant • Proposed Site Plans JPH_— SUP 152 Page 4 8/1/2005 To Whom it my concern: These are the specifications for the proposed Pearland Home Depot Displays. From : Laney Zito - Tuff Shed 469-916-9661 ext 2 Width Depth Height Description 12 16 12 Shed 8 12 8 Shed 12 8 8 Shed 8 10 8 Shed 12 16 12 Shed 24 24 20 Cabin 24 32 18 Cabin 20 20 13 Garage 16 20 13 Shed 12 20 12 Shed 10 12 11 Shed 16 8 10 Shed 10 12 11 Shed 4' spaces between displays 0 rn 12x20-Premier 90' ZONING MAP Specific Use Permit Application No. 152 s 0 200 400 Feet It'll Map Prepared on July 29, 2005 FUTURE LAND USE PLAN Specific Use Permit Application No. 152 W 0 200 400 Feet 1iiil I Map Prepared on July 29, 2005