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Ord. 509-626 12-09-02ORDINANCE NO. 509-626 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.761 ACRES, W.D.C. HALL SURVEY, ABSTRACT 70(APPLICATION NO. 1072)(LIBERTY DRIVE SOUTH OF F.M. 518) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-4) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JAY JAVADI, AGENT FOR DONYA, LLC., 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, Jay Javadi, Agent for Donya, LLC., Owners, filed on September 17, 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 18`h of November, 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 19th day of November, 2002, 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, Agent for Donya, LLC., 1 ORDINANCE NO. 509-626 Owners, whereby the Commission recommended to approve a change of classification for the property described in Exhibit "A" 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 December 9, 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 Jay Javadi, Agent for Donya, LLC., 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 Single Family Dwelling District (R-4) is hereby for all purposes changed and reclassified as Commercial District (C), such property being more particularly described as: 1.761 acres, W.D.C. Hall Survey, Abstract 70 (Liberty Drive south of F.M. 518) 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 2 ORDINANCE NO. 509-626 accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. V. All rights and remedies which have accrued in the favor of the City under this Ordinance and its amendments thereto shall be and are preserved for the benefit of the City. VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509, and consistent with the approval herein granted for the reclassification 3 ORDINANCE NO. 509-626 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 9th day of December , 2002. TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9th day of December , 2002. ATTEST: UNG TY S CRETA'Y APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 4 TOM REID MAYOR 7-/6-u APPLICATION FOR A CHANGE IN ZONING Please check one: ❑ Change in Zoning Classification .from: ,eSrm07714-L. to: (list current zoning) rAtialki Geff— ❑ Specific Use Permit Request for : (list proposed use) City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.bcus Co/(111E-„ec- iA L (list proposed zoning) Property Information: Address: 1 •74 ( Ac4e VA-cir e LMO , . 1 //Lt. -Su/�/ /, -s' . 70 Subdivision: C4 ,of ff.4g A/, Lot: Block: Tax I.D. Number: 1 ,, /� �`ff' h s �: 1/ f l,� pLILc/M11-SCc/%oF ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): N a t/E Proposed use of property: /0/97/Xi IJC, Lp r PROPERTY OWNER INFORMATION: NAME j)o N y/},1_ / e_ ADDRESS i 3 ik.5O 16i9-/..1 /- RD_ A- /07 CITY fed (1 CV/4 STATE TX ZIP 77loplc PHONE( Zii ) FAX( 2R( ) e gy 2KK0!7 E-MAIL ADDRESS APPLICANT/AGENT INFORMATION: NAME J /(1-iy 11, 17 / ADDRESS _SNWE 1- p A.//,/6� CITY STATE ZIP PHONE( 27/ ) s y 1 S $- FAX( .2_.? ) 'Y2V,- E-MAIL ADDRESS d a (Mit AelMa 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: Date: q _ l Agent's Signature: Date: OFFICE USE ONLY: FEES PAID: DATE PAID: q ri(ea RECEIVED BY: APPLICATION NO. 1(9 Q 0 200 400 Feet 1 1 1 1 1 I Zone Change Application No. 1072 Donya, LLC/Jay Javadi Liberty Drive south of FM 518 (R-4 - C) Zone Change Application No. 1072 Donya, LLC/Jay Javadi Liberty Drive south of FM 518 (R-4 - C) N W E S Zone Change Application No. 1072 Date of City Council and Planning and November 18, 2002 Zoning Commission Joint Public Hearing: Property Owner: Applicant or Agent: Location or Address of Property: Existing Zoning: Requested Zoning: Donya, LLC Jay Javadi Liberty Drive, south of F.M. 518 Single Family Dwelling District (R-4) Commercial District (C) SUMMARY: The applicant is requesting a zone change on the subject property in order to utilize the property for commercial uses. The applicant has further indicated that the subject property would be utilized as a parking lot for the shopping center located immediately to the north. The subject property is currently undeveloped. SURROUNDING ZONING AND LAND USES: Zoning North Commercial District (C) South Single Family Dwelling District (R-4) East Single Family Dwelling District (R-1) Land Use Shopping Center with various lease spaces City of Pearland Public Library City Hall; Undeveloped tract Zone Change Application No. 1072 Page 1 West Zoning Land Use Single Family Dwelling Undeveloped tracts District (R-4); General Business District (GB) CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan recommends Public/Semi-Public uses for the subject property. The Comprehensive Plan does not indicate the appropriate zoning districts for public/semi-public uses. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Liberty Drive, a major collector street (80' right-of-way) of sufficient width. No other roadways affect the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The City of Pearland recently sold the subject property to the applicant. The proposed zone change for commercial district uses is appropriate due to its immediate adjacency to the existing shopping center. A commercial parking lot is a permitted use within several other zoning districts, such as the Office and Professional District (OP) and General Business District (GB). However, the applicant has chosen the Commercial District due to its adjacency to the existing Commercial District to the north. PUBLIC COMMENTS: Public notice/comment forms were mailed to 8 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 as proposed by the applicant, for the following reason: 1. The proposed zone change is a continuation of the Commercial District to the north and the applicant has indicated that the subject property will be a continuation of the parking lot to the north within the existing shopping center. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Area Zoning Map Zone Change Application No. 1072 Page 2 0 200 400 Feet 11111 1 Zone Change Application No. 1072 Donya, LLC/Jay Javadi Liberty Drive south of FM 518 (R-4 - C) TAX ACCOUNT NO. OWNER 0198-0010-131 0198-0015-110 0198-0010-000 0070-0047-180 0070-0047-150 0070-0047-160 0070-0047-114 0070-0047-110 0070-0047-112 HARTSOOK DAVID L HL & P PROPERTY TAX DEPT CITY OF PEARLAND CLAWS & PAWS VET HOSPITAL PC DONYA LLC DONYA LLC JAY JAVADI CITY OF PEARLAND 313 AC PEARLAND JV % M. PASTERNAK CITY OF PEARLAND ZONE CHANGE APPLICATION NO. 1072 Property Owner Notification List ADDRESS PO BOX 1890 PO BOX 1475 3519 LIBERTY DR 2556 BROADWAY ST 13630 BEAMER RD STE 107 13630 BEAMER RD STE 107 3519 LIBERTY DR 2142 BOLSOVER ST 3519 LIBERTY DR CITY PEARLAND, TX 77588-1890 HOUSTON, TX 77251-1475 PEARLAND, TX 77581-5416 PEARLAND, TX 77581-4904 HOUSTON, TX 77089-6037 HOUSTON, TX 77089-6037 PEARLAND, TX 77581-5416 HOUSTON, TX 77005-1618 PEARLAND, TX 77581-5416 LEGAL DESCRIPTION VICTORY PLAZA, A0198 T J GREEN, BL 1, ACRES 0.87 A0198 T J GREEN, TRACT 6F1-7B-8B-9B, ACRES 5.038 A0198 T J GREEN, TRACT 6F, ACRES 8.130 A0070 W D C HALL, TRACT 6J, ACRES 0.731 A0070 W D C HALL, TRACT 6G, ACRES 0.730 A0070 W D C HALL, TRACT 6H, ACRES 3.430 A0070 W D C HALL, TRACT 6M-6N, ACRES 16.438 A0070 W D C HALL, TRACT 6 (PT), ACRES 12.7572 A0070 W D C HALL, TRACT 6C Planning Department 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax u t:Li C • IA ENT F (Please type or print in blue or black ink) T1 a N N . 1072 Joint Public Hearing to be held Monday, November 18, 2002, 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 prior to the Joint. Public Hearing. I am FOR the requested zoning as explained on the attached public notice. VI am AGAINST the requested zoning as explained on the attached public notice. Name: Address: GY44,-r AwS �'%G�Gri ,fry /4p 4// lae- B#9d44,9 '° F?O %F f60 Pearland Tax Account No. (If shown on enclosed map): 44)�� /2 gso i Signature: Date: G/l/3/a 2 COMMENTS: /l'oW 414i'i1-1 �.�i�.Y�j� / ?�.✓� �a 4i jv7erc,, /. All / 0- Alm igyn,k-ri if griziy /a/ verry 70 4-cref okv dfr.;,-css , '741- O,Oi pan/) e% 14//, fofirr d/,,okir, /9' "likc y /ram iifr S/Zed j1704/c/ /✓4fr�e,./ �1vodii-C, riV O//' /Mf'iia k 1/i2r,✓rii• November 19, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1072 Request of Jay Javadi, agent for Donya, LLC., owners for an amendment to the Land Use and Urban Development Ordinance from classification Single Family Dwelling District (R 4) to Commercial District (C) on the following described property, to wit: 1.761 acres, W.D.C. Hall Survey, Abstract 70 (Liberty Drive south of F.M. 518) Honorable Mayor and Council Members: At a regular meeting held on November 18, 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. 1072 to City Council for approval. Vice -Chairman Russ Selemon seconded the motion. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Jay Javadi, 13630 Beamer Drive, Suite 107, Houston, TX 77089 Donya, LLC., 13630 Beamer Drive, Suite 107, Houston, TX 77089 Page 1 of 1 AFFIDAVIT OF PUBLICATION The Friendswood Reporter ,News P.O. Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties 1, Randy Emmons, hereby certify that the notice hereby appended was published n Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general :irculation in Galveston, Harris and Brazoria Counties, for issues, as follows: No. Date O C1 3 O 20 a Z- No Date 20 No Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 3 l day of J �� )0 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Published Oct. 30 & Nov, 6, 2002 NOTICOF A JOINT • PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on; the 18th day of November, 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, irequest of• Jay Javadi, agent '.for Donya, LLC, owner, for an, amendment to the Land Use; :and, Urban Development) Ordinance of said City from. ;Classification Single Family; Dwelling District (R•4) to Commercial District (C) on the following described prop-,, erty, to wit: 1.761 acres, W.D.C. Hall ' Survey, Abstract 70 (Liberty Drive south of F.M. 518) At said hearing all interested parties shall have the right and opportunity, to appear and be heard on the eubject.: /s/ Mona Ann Phipps Development Coordinator APPLICATION NO. 1072 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:ofgeneral circulation in Brazoria, Harris & Galveston Counties, for / issues, .as:follows: No / Date /A (o . 20 AI- No Date 20 No Date '20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 200�- LAURA-ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Published Oct. 30 & Nov. 6, 2002 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE ;PLANNING AND ZONING ;COMMISSION OF THE. ;CITY OF PEARLAND, :TEXAS 1 - : Notice is hereby given that on the 18tfi day .of November, 2002, at 6:30 p.m., the ,City 1 ( Council I and Planning and „ Zoning Commission of the, City of • Pearland, Brazoria, Harris and Fort Bend ' Counties, Texas, will conduct 1 a joint public hearing in the j Council Chambers of City Hall, 3519 :Liberty Drive, ! Pearled; Texas, on the request of Jay Javadi, agent for Donya, LLC, owner, for ar amendment to the Land Use and Urban Development Ordinance of said City, from , Classification Single Family. Dwelling District (R-4) -to Commercial District (C) on the following described prop- erty, to wit: 11.761 acres, W.D.C. Hall Survey, Abstract 70 (Liberty Drive south of F.M. 518) t At saki hearing all interested parties shall have the right i and opportunity to appear and be heard on the subject. /s/ Mona Ann Phipps - ' Development Coordinator APPLICATION NO. 1072