Loading...
Ord. 509-685 01-12-04 PassedPassed 1/12/04 No Action Taken ORDINANCE NO. 509-685 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 LOT 23 AND LOT 24, BLOCK 3, WAGON WHEEL SUBDIVISION, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (6017 LARRYCREST DRIVE) (APPLICATION NO. 1135) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST OF BILLY K. DAVIS, 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, Billy K. Davis, Owner, filed on October 23, 2003, 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 17th of November, 2003, 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 20th day of November, 2003, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Billy K. Davis, Owner, whereby the Commission's recommendation to approve a change of classification failed for the property described in Exhibit "A" from its existing classification of Suburban 1 ORDINANCE NO. 509-685 Development District (SD) to Neighborhood Service District (NS); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and the recommendation of the Planning and Zoning Commission, at a Regular Meeting on December 8, 2003; 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 Billy K. Davis, Owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I . The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) is hereby for all purposes changed and reclassified as Neighborhood Service District (NS), such property being more particularly described as: Lot 23 and Lot 24, Block 3, Wagon Wheel Subdivision, Abstract 509, H.T. & B.R.R. Company Survey, Brazoria County, Texas (6017 Larrycrest Drive). 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 2 ORDINANCE NO. 509-685 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 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 , 2004. TOM REID MAYOR 3 ORDINANCE NO. 509-685 ATTEST: YOUNG LORFING, TRMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2004. ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 November 20, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1135 Honorable Mayor and Council Members: Request of Billy K. Davis for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Neighborhood Service District (NS), on the following described property, to wit: Legal Description: Lot 23 and Lot 24, Block 3, Wagon Wheel Subdivision, Abstract 509, H.T. & B.R.R. Company Survey, Brazoria County, Texas (6017 Larrycrest Drive) At a regular meeting held on November 17, 2003, the Planning and Zoning Commission considered the above -mentioned request. Commissioner David Ransom made a motion to forward Zone Change Application No. 1135 to City Council for approval with a second made by Chairman Todd Iocco. Motion to approve failed 0-5 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Owner: Billy K. Davis 3318CR89#5 Pearland, Texas 77584 Applicant: Same as Owner Page 1 of 1 APPLICATION FOR A CHANGE IN ZONING Please check one: Change in Zoning Classification from: 5 I (list current zoning) Specific Use Permit Request for : 'f! 11, / + (list proposed use) City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us N fp) to: Ai �,�,� ��z 4\4,4 5P rui c �- (list proposed zoning) Property Information: Address: &C // /4 trrl/se='a.2` Subdivision: 1,,() 4r1jYt ee ( Lot: .2 — Block: Tax I.D. Number: ��4 ,2y> OP)O ** For unplatted property, attach a copy of the metes and bounds description** Current use of property I n MCA' , ., ,�. (type of structures on property): � ilG)('r�/ei91-' S a���/ !Je �r ( r sei /y a `�'i Proposed use of property: k /-, , % PROPERTY OWNER INFOR /M��ATION: NAME /,/4r K/ 1© i� ! S ADDRESS 331.> CITY PPti),-/ci fte STATE ZIP 7/75'SY PHONE( ,Z ei ) 69,2z- 99, 2 y FAX( E-MAIL ADDRESS hi /�,..t YG Lot). czi-r APPLICANT/AGENT INFORMATION: NAME A : //y ADDRESS, 3 3 )���S CITY Tsr^/ cl,& STATET5( ZIP 7 5,517 PHONE(,,? ?I ) k%Gl FAX( ) E-MAIL ADDRESS J' ,,aGe y l,, T, , 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: /1 ;- 5 - Agent's Signature: Date: OFFICE USE ONLY: �O FEES PAID: RECEIVED BY: --Z,OSK DATE PAID: I o / APPLICATION NO. / / 35- LOCATION MAP Zone Change Application No. 1135 Owner: Billy K. Davis 6017 Larrycrest Drive (SD - NS) W+E 0 200 400 Feet 11 1[ I Zone Change Application No. 1135 Date of City Council and Planning and November 17, 2003 Zoning Commission Joint Public Hearing: Property Owner: Billy K. Davis Applicant: Billy K. Davis Location or Address of Property: 6017 Larrycrest Drive Existing Zoning: Suburban Development District (SD) Requested Zoning: Neighborhood Service District (NS) SUMMARY: The applicant is requesting that the subject property be zoned Neighborhood Service District (NS). The subject property contains an existing building that was once used as a grocery store or convenience store. The subject property is zoned Suburban Development District (SD), and the previous retail user vacated the property several years ago. The Land Use and Urban Development Ordinance states that a non -conforming use that has been abandoned, or vacated, for a continuous period of 6 months or more, must comply with the Ordinance when redeveloped for any use. The non -conforming status expired several years ago, and any redevelopment of the site must comply with all applicable codes, including zoning compliance, landscaping, building facades, etc. The applicant has indicated that he would like to redevelop the site and open another retail store and has therefore applied for the NS zoning district. SURROUNDING ZONING AND LAND USES: North Zoning Land Use Suburban Development Single family residences District (SD); Single Family Dwelling District (R-1) Zone Change Application No. 1135 Page 1 South Suburban District (SD) East Suburban District (SD) West Development Single family residences and mobile home residences Development Single family residences Single Family District (R-3) Dwelling Undeveloped land CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan recommends Low Density Residential Uses for the subject property, as well for several of the surrounding properties. The Comprehensive Plan further indicates that the appropriate zoning districts for Low Density Residential Uses are the Estate Lot Single Family Dwelling District (R-E) and the Single Family Dwelling Districts R-1 and R-2. Therefore, the proposed zone change does not conform to the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Harkey Road, a secondary thoroughfare with a right-of-way of 100 feet, that is to be widened in the future as needed. The subject property is also adjacent to Larrycrest Drive, a local street. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The proposed zoning is inconsistent with the Comprehensive Plan, which recommends Low Density Residential uses for the subject property. The subject area appears to be largely developed with single family residential uses. The lots adjacent to the subject property on Jerrycrest Drive and Larrycrest Drive are all developed as single family residential uses. The property to the west, across Harkey Road, is zoned R-3 and is proposed to be a future phase of a larger single family residential subdivision. The proposed zoning for Neighborhood Services would have a negative effect on the surrounding residential properties. A non-residential use in the middle of a residential area would have the potential to increase traffic within the subdivision from customers to the store, delivery vehicles, trash collection vehicles, etc. The subject property appears to be adjacent to single family residential land uses that are zoned SD and not a residential zoning district, such as one lot to the north and the lots to the east. Therefore, the applicant would not be required to provide any screening or buffering treatment around the entire perimeter of the subject property, as the current code requires screening treatment where a non-residential user is adjacent to a residential zoning district. SD is not considered a residential zoning district. The only area where a screening wall would be required would be in the area to the north where the subject property abuts an R-1 district. A non-residential use in this area has the potential to be Zone Change Application No. 1135 Page 2 intrusive to the neighboring residences. If the proposed zoning is approved, as the subject property is developed, the applicant may be required to submit a traffic impact analysis in order to determine the impact of the proposed development upon adjacent properties and adjacent roadways. The subject property would also have to exhibit conformance with the building fagade ordinance, the landscaping ordinance, as well as other ordinance requirements. PUBLIC COMMENTS: Public notice/comment forms were mailed to 26 property owners within 200 feet of the subject property under consideration. No public comment forms have been returned. STAFF RECOMMENDATION: Staff recommends denial of the zone change as proposed by the applicant, for the following reasons: 1. The proposed zone change does not conform to the low density residential uses as recommended by the Comprehensive Plan. 2. The proposed zone change has the potential to be intrusive to adjacent residential properties and cause negative impacts to these properties. 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. 1135 Page 3 v CAMPBELL GARY L & LORAINE A HIDALGO MODESTO JENKINS GARY E & AUGUSTINA I SMITH WAYNE _■ 1111 11111/141" IMP MN lOPIPAW6111 RAMIREZ JUAN J pi SLATER MEGAN V MARTINEZ IGNACIO JOHNSON JOHN W COLLINS JOHN LEE DOEBLIN PATTI L COLLINS JOHN LEE Willow ST BOYER WILLIAM F ELLIOT LOU PT&T LTD SITE COLTON DOUGLAS RAY Becky LN i I I WEBB N NOEL & PEGGY A COLE JOHN C I I SCHROEDER MICHAEL SCHROEDER MICHAEL THIBODEAUX CURLISS & BETTY JANE Terrell DR JOHNSON JOHN W Patridge DR OWNERSHIP MAP Zone Change Application No. 1135 Owner: Billy K. Davis 6017 Larrycrest Drive (SD - NS) W+E 0 200 400 Feet 1 1 1 1 1 I TAX ACCOUNT OWNER 8145-0076-000 8145-0077-000 8145-0078-000 8145-0079-000 0546-0008-110 8145-0039-000 8145-0038-000 8145-0038-000 8145-0036-000 8145-0035-000 8145-0054-000 8145-0055-000 8145-0056-000 8145-0057-000 8145-0057-000 8145-0016-000 8145-0016-000 8145-0015-000 8145-0014-000 8145-0013-000 8145-0032-000 8145-0033-000 8145-0034-000 8145-0102-000 0546-0007-000 JENKINS GARY E JENKINS GARY E CAMPBELL GARY L & LORAINE A HIDALGO MODESTO & AUGUSTINA SMITH WAYNE COLE JOHN C WEBB N NOEL & PEGGY A WEBB N NOEL & PEGGY A BOYER WILLIAM F ELLIOT LOU SCHROEDER MICHAEL SCHROEDER MICHAEL THIBODEAUX CURLISS & BETTY JANE BILLY K DAVIS DAVIS BILLY K & HYO TAN DAVIS BILLY K & HYO TAN JOHNSON JOHN W JOHNSON JOHN W SLATER MEGAN V RAMIREZ JUAN J COLTON DOUGLAS RAY MARTINEZ IGNACIO DOEBLIN PATTI L COLLINS JOHN LEE COLLINS JOHN LEE PT&T LTD ZONE CHANGE APPLICATION NO. 1135 Property Owner Notification List ADDRESS 6001 JERRYCREST DR 6001 JERRYCREST DR 6009 JERRYCREST DR 5004 WOODVILLE LN PO BOX 267 2950 PIPER RD 6002 JERRYCREST DR 6002 JERRYCREST DR 6010 JERRYCREST DR 6022 JERRYCREST DR 7051 COMANCHE TRL 7051 COMANCHE TRL 3023 TANNER RD 3318 CR 89 # 5 6017 LARRYCREST DR 6017 LARRYCREST DR 5934 LARRYCREST DR 5934 LARRYCREST DR 6006 LARRYCREST DR 6014 LARRYCREST DR 6002 BROADWAY ST 5929 PATRIDGE DR 6005 PATRIDGE DR 6013 PATRIDGE DR 6013 PATRIDGE DR 1625 CORNICHE ST CITY ST ZIP CODE LEGAL DESCRIPTION PEARLAND TX 77584-8361 PEARLAND TX 77584-8361 PEARLAND TX 77584-8361 PEARLAND TX 77584-1223 PEARLAND TX 77588-0267 PEARLAND TX 77584-4857 PEARLAND TX 77584-8360 PEARLAND TX 77584-8360 PEARLAND TX 77584-8360 PEARLAND TX 77584-8360 AUSTIN TX 78732-1006 AUSTIN TX 78732-1006 SCOTT LA 70583-4027 PEARLAND TX 77584 PEARLAND TX 77584-8345 PEARLAND TX 77584-8345 PEARLAND TX 77584-8342 PEARLAND TX 77584-8342 PEARLAND TX 77584-8344 PEARLAND TX 77584-8344 PEARLAND TX 77581-7806 PEARLAND TX 77584-8331 PEARLAND TX 77584-8333 PEARLAND TX 77584-8333 PEARLAND TX 77584-8333 LEAGUE CITY TX 77573-6502 WAGON WHEEL (A0509 H T & B WAGON WHEEL (A0509 H T & B WAGON WHEEL (A0509 H T & B WAGON WHEEL (A0509 H T & B A0546 H T& B R R, TRACT 7-7C, WAGON WHEEL (A0509 H T & B WAGON WHEEL (A0509 H T & B WAGON WHEEL (A0509 H T & B WAGON WHEEL (A0509 H T & B WAGON WHEEL (A0509 H T & B WAGON WHEEL (A0509 H T & B WAGON WHEEL (A0509 H T & B WAGON WHEEL (A0509 H T & B R R), BLOCK 4, LOT 21 R R), BLOCK 4, LOT 22 R R), BLOCK 4, LOT 23 R R), BLOCK 4, LOT 24 ACRES 1.717 R R), BLOCK 3, LOT 5 R R), BLOCK 3, LOT 3-4 R R), BLOCK 3, LOT 3-4 R R), BLOCK 3, LOT 2 R R), BLOCK 3, LOT 1 R R), BLOCK 3, LOT 20 R R), BLOCK 3, LOT 21 R R), BLOCK 3, LOT 22 WAGON WHEEL (A0509 H T & B R R), BLOCK 3, LOT 23-24 WAGON WHEEL (A0509 H T & B R R), BLOCK 3, LOT 23-24 WAGON WHEEL (A0509 H T & B R R), BLOCK 2, LOT 4-5 WAGON WHEEL (A0509 H T & B R R), BLOCK 2, LOT 4-5 WAGON WHEEL (A0509 H T & B R R), BLOCK 2, LOT 3 WAGON WHEEL (A0509 H T & B R R), BLOCK 2, LOT 2 WAGON WHEEL (A0509 H T & B R R), BLOCK 2, LOT 1 WAGON WHEEL (A0509 H T & B R R), BLOCK 2, LOT 21 WAGON WHEEL (A0509 H T & B R R), BLOCK 2, LOT 22 WAGON WHEEL (A0509 H T & B R R), BLOCK 2, LOT 23 WAGON WHEEL (A0509 H T & B R R), BLOCK 2, LOT 24 A0546 HT&BR R, TRACT 7A, ACRES 19.243 111111111111111111.1 SD 11141/11 1111111111111111 11111111111 A-1 R"� Becky LN as 33 R- SD SDso • Jerrycrest DR R'1 " ■ 1111 SD R-1 A3 11111111" 111 Larrycrest DR SD :1:13-1 I2i=-_Ri i R-1 I A-1 �.So, so IP ■1111 Mill 1111111111 R-1 q-1 R-1 R ZONING MAP Zone Change Application No. 1135 Owner: Billy K. Davis 6017 Larrycrest Drive (SD - NS) W+E 0 200 400 Feet 1 1 1 1 1 6017 Larrycrest Pearland, Texas 77584 City Council and Planning and Zoning Commission of the City of Pearland Council Chambers of City Hall 3519 Liberty Drive Pearland, Texas 77581 Brazoria County Dear City Council and Planning and Zoning Commission of the City of Pearland: We as the neighbors of 6017 Larrycrest ( Wagon Wheel Subdivision, Block 3, lots 23 and 24), do approve of the ordinance change for application # 1135, from Suburban Development District (SD) to Neighborhood Service District (NS). Thank you, Billy K. Davis and Neighbors 6017 Larrycrest, Pearland. 'I X 77584 NAME: f( �J ADDRESS: 3 3 I 0 CI, 81 S fiemiwl) 73 4 Ti TELEPHONE MBERpZ 8/-699? •9 9 e DATE 117 ' L7 , NA TELEPHONE NUMBE ADDRESS OOt J{ r rt-1Clet t it CP DATE J% // /_z z3 NAME (1611 GM, rP 7 ADDRESS: IS H c ( e' C rC S TELEPHONE NUMBER 713! S(1 l S,$) DATE // 1/ leA.1 NAME: , f Z' Its i L /0/ /r /1 ) ADDRESS: 64 j (' ( 74.Y d j TELEPHONE NUMBEI-3/i4el 7 '8 DATE hz/ 7/ 3. NAME: 1 %/ Cif 6 / . rJ TELEPHONE NUMBER) c / -`1 ¶ 1.;i6 NAME;/ /A � L. z. ADDRESS: c ' / c--/ �47'1E K r' TELEPHONE NUMBEIW/r/ATE %cam.`©! ADDRESS: DATE i ,:r) �J NAME: ‘'l 1/Ai1 1/ /5CLK ADDRESS: '.D/C lei/1C71' TELEPHONE NU / 4' DATE / 7/„) 3 NAME: ADDRESS: 0 O 7 ;1 V C/ z S 1 TELEPHON ➢Ij1 ER 2 ) e/c l )/S DATE /, �0 3 7 NAME: C��. ADDRESS: TELEPHONE NU IS Z` / - 5 9 -/ 2 3 DATE / NA 6017 Larrycrest Pearland, Texas 77584 City Council and Planning and Zoning Commission of the City of Pearland Council Chambers of City Hall 3519 Liberty Drive Pearland, Texas 77581 Brazoria County Dear City Council and Planning and Zoning Commission of the City of Pearland: We as the neighbors of 6017 Larrycrest ( Wagon Wheel Subdivision, Block 3, lots 23 and 24), do approve of the ordinance change for application # 1135, from Suburban Development District (SD) to Neighborhood Service District (NS). Thank you, Billy K. Davis and Neighbors of 6017 Larrycrest, Pearland, TX 77584 NAME: f I TELEPHONE A ADDRESS: h6'C'i t.c(rr7["•',�5;L /�'�r/Qhc( %%55 7 UMBER •.-�S F ys� y- 1c� DATE I �-' 7- G 33 / NAME. ADDRESS: ADDRESS: j TELEPHONE NUMBER - `f (3ATE - 7 — NAME: /12ii ADDRESS: � G' TELEPHONE NUMBER . 7g/ 7- D / 7 DATE % - -7 - f% 3 NAME: ,< F- ( I I cfi ADDRESS:ZL_ St1( t \ Q c + t TELEPHONE NUMB"' tiP` 1i nr. r DATE ( -: `_s J r" NAME: .` 1/4 C�J ADDRESS: TELEPH O E NUMBER,% "/ j:5 C/ . eyE / 7 -> NAME: • Li C? / ADDRESS: 2 f . TELEPHONEiVUM.9 R/ gg�_ra� ATE / -- ADDRESS: 4:› TELEPHONE NUMBj S ct is RATE 1, 0 C2 ADDRESS: g ;VZ�7 TELEPHON GUMBO �'/ el t'9"/q 7 "DATE < _ - — Q_-' NAME: ADDRESS: TELEPHONE NUMBER DATE TAX ACCOUNT OWNER 8145-0076-000 -- JENKlNS GARY E 8145-0077-000-*.t1ENKINS GARY 8145-0078-000 R$FsW GARY L & LORAINE A 8145-0079-000 HIDALGO MODESTO & AUGUSTINA 0546-0008-110 SMITH WAYNE 8145-0039-000 - •LE JOHN C 8145-0038-000 EBB N NOEL & PEGGY A 8145-0038-000 " EBB N NOEL & PEGGY A 8145-0036-000. -BOYER WILLIAM F 8145-0035-000 FI 1 IOT 1 r1,61 DBeQ-LLS 8145-0054-000 (SCHROED'ER MICHAE1 8145-0055-000 SCHRO6DER MICHAEL 1 8145-0056-000 THIBOUtAUXZ:TR ISS & BETTY JAN -BILLY K DAVIS 8145-0057-000 ...DAVIS BILLY K & HYO TAN 8145-0057-000 ...DAVIS BILLY K & HYO TAN 8145-0016-000 goortiOHNSON JOHN W 8145-0016-000 ...-dOHNSON JOHN W 8145-0015-000 SLATER MEGAN V 8145-0014-000:RAMIREZ JUAN J 8145-0013-000 TON DOUGLAS RAY 8145-0032-000 ARTINEZ IGNACIO 8145-0033-000 — DOEBLIN PATTI L 8145-0034-000 —"COLLINS JOHN LEE 8145-0102-000 ...ZOLLINS JOHN LEE 0546-0007-000 ADDRESS 6001 JERRYCREST DR 6001 JERRYCREST DR 6009 JERRYCREST DR 5004 WOODVILLE LN PO BOX 267 2950 PIPER RD 6002 JERRYCREST DR 6002 JERRYCREST DR 6010 JERRYCREST DR 6022 JERRYCREST DR 7051 COMANCHE TRL 7051 COMANCHE TRL 3023 TANNER RD 3318 CR 89 # 5 6017 LARRYCREST DR 6017 LARRYCREST DR 5934 LARRYCREST DR 5934 LARRYCREST DR 6006 LARRYCREST DR 6014 LARRYCREST DR 6002 BROADWAY ST 5929 PATRIDGE DR 6005 PATRIDGE DR 6013 PATRIDGE DR 6013 PATRIDGE DR 1625 CORNICHE ST CITY PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX AUSTIN TX AUSTIN TX SCOTT LA PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX LEAGUE CITY TX ST ZIP CODE 77584-8361 77584-8361 77584-8361 77584-1223 77588-0267 77584-4857 77584-8360 77584-8360 77584-8360 77584-8360 78732-1006 78732-1006 70583-4027 77584 77584-8345 77584-8345 77584-8342 77584-8342 77584-8344 77584-8344 77581-7806 77584-8331 77584-8333 77584-8333 77584-8333 77573-6502 LEGAL DESCRIPTION WAGON WHEEL (A0509 H T & B R R), BLOCK 4, LOT 21 WAGON WHEEL (A0509 H T & B R R), BLOCK 4, LOT 22 WAGON WHEEL (A0509 H T & B R R), BLOCK 4, LOT 23 WAGON WHEEL (A0509 H T & B R R), BLOCK 4, LOT 24 A0546 H T& B R R, TRACT 7-7C, ACRES 1.717 WAGON WHEEL (A0509 H T & B R R), BLOCK 3, LOT 5 WAGON WHEEL (A0509 H T & B R R), BLOCK 3, LOT 3-4 WAGON WHEEL (A0509 H T & B R R), BLOCK 3, LOT 3-4 WAGON WHEEL (A0509 H T & B R R), BLOCK 3, LOT 2 WAGON WHEEL (A0509 H T & B R R), BLOCK 3, LOT 1 WAGON WHEEL (A0509 H T & B R R), BLOCK 3, LOT 20 WAGON WHEEL (A0509 H T & B R R), BLOCK 3, LOT 21 WAGON WHEEL (A0509 H T & B R R), BLOCK 3, LOT 22 WAGON WHEEL (A0509 H T & WAGON WHEEL (A0509 H T & WAGON WHEEL (A0509 H T & WAGON WHEEL (A0509 H T & WAGON WHEEL (A0509 H T & WAGON WHEEL (A0509 H T & WAGON WHEEL (A0509 H T & WAGON WHEEL (A0509 H T & WAGON WHEEL (A0509 H T & WAGON WHEEL (A0509 H T & WAGON WHEEL (A0509 H T & A0546 H T & B R R, TRACT 7A, B R R), BLOCK 3, LOT 23-24 B R R), BLOCK 3, LOT 23-24 B R R), BLOCK 2, LOT 4-5 B R R), BLOCK 2, LOT 4-5 B R R), BLOCK 2, LOT 3 B R R), BLOCK 2, LOT 2 B R R), BLOCK 2, LOT 1 B R R), BLOCK 2, LOT 21 B R R), BLOCK 2, LOT 22 B R R), BLOCK 2, LOT 23 B R R), BLOCK 2, LOT 24 ACRES 19.243 - T E X A 5 I,` 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 Pending Zoning Cases DISCUSSh 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 toM-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 ApphcationNo 1135b _ ® rdiNo::509T 68S- SDeto B commercial The applieanfand I a o _ o agre with -the ong range plans, or this corridor (Comp. Plan) so we have_not.been able to ne otiateiavolution Itri§GeM§EgBigie tabled the applicants request as she could not attend;the scheduled Council-meetings:,=My,recommendation is toasend-the applicant -a-= letteristating tlI S-eras Jibbil*S`Chedulalkforhearing 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.bc.us r) Printed on Recycled Paper 3. Application 1061 Ord. No. 509-607 SD toM-1 This case has been tabled in order to allow the applicant an opportunity to submit a PUD. Should theapplicant 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 Lorfing, City Secretary__ 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: do v 2,.? No. / Date 2003 No Date .20 No Date :20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 sident 130 ••••;',31, Sk.a` 01;"Q' viON\2,1p'0 • • -6si 4:1 day of Laura Ann Emmons, Publisher Notary Public, State of Texas r Published Oct. 29 & Nov. 5, 2003 1 NOTICE -- OF 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 17th day of November, 2003, at 6:30'p.m., the City Council and Planning and Zoning Commission' of the City of Pearland, in Braioria, Harris and Fort Bend Counties, Texas, will conduct .t a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Billy K. Davis, r owner, for an amendment to the Land, Use and Urban Development Ordinance of said City from classification ) Suburban Development District (SD) to Neighborhood Service District (NS), on the following described property, to wit: Lot 23 and Lot 24, Block 3, ; Wagon Wheel Subdivision, 'Abstract 509, H.T. & B.R.R. Company 'Survey, •Brazoria, County;. Texas (6017 Larrycrest Drive). j r At said hearing all. interested parties shall have The right and oppdrtunity to appear and be heard on the subject. his/ Theresa Grahmann - • Planner I APPLICATION NO. 1135 Young Lorfing 01/26/2004 09:07 AM To: Tobin Maples/COP cc: Bill Eisen/COP, Darrin Coker/COP cc: Bill Eisen/COP@ ci.pearland.tx.us, Darrin Coker/COP@ ci.pearland.tx.us, Young Lorfing/COP@ci.pearland.tx.us Subject: Re: CC agenda I will hold on placing this item back on the agenda until further notice. Thanks, Young Tobin Maples Tobin Maples 01/26/2004 09:00 AM To: Bill Eisen/COP@ci.pearland.tx.us, Darrin Coker/COP@ ci.pearland.tx.us, Young Lorfing/COP@ci.pearland.tx.us cc: Subject: CC agenda FYI...Mr. Billy Davis called and informed me he can't attend tonight's CC meeting. As a result, he has requested item 1 remain tabled. Since this is his second request to remain on the table, I informed him a letter stating availability would be would be necessary prior to rescheduling his item. Additionally, I informed him everything is contingent on what the Council desires. Long story short....the CC can skip items 1 & 1A should they desire. Young, should the Council allow the items to remain on the table, please don't reschedule them for consideration until I forward a written request to your attention. Thanks Tobin E. Maples, AICP Executive Director of Community Services City of Pearland NOTICE OF 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 17th day of November, 2003, 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 Billy K. Davis, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Neighborhood Service District (NS), on the following described property, to wit: Lot 23 and Lot 24, Block 3, Wagon Wheel Subdivision, Abstract 509, H.T. & B.R.R. , Company Survey, Brazoria County, Texas (6017 Larrycrest Drive) An application and map are enclosed for your information. This notice has been sent to all owners of real property within 200 feet of the request, as such ownership appears on the last approved city tax roll. At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. If you are unable to attend, but wish to have your opinions made a part of the public record, please complete the enclosed form and return it prior to the public hearing. Theresa Grahmann Theresa Grahmann Planner I APPLICATION NO. 1135 If you have any questions regarding this notice, please contact the City of Pearland at 281-652-1742. AGENDA - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD NOVEMBER 17, 2003, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS 1. CALL TO ORDER 11. PURPOSE OF HEARING Zone Change Application No. 1135 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Neighborhood Service District (NS), on the following described property, to wit: Legal Description: Lot 23 and Lot 24, Block 3, Wagon Wheel Subdivision, Abstract 509, H.T. & B.R.R. Company Survey, Brazoria County, Texas (6017 Larrycrest Drive) Owner: Billy K. Davis 3318 CR 89 # 5 Pearland, Texas 77584 Applicant: Same as Owner 111. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT B. APPLICANT PRESENTATION IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION VI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing, City Secretary, at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. AGENDA - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD NOVEMBER 17, 2003, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS 1. CALL TO ORDER IL PURPOSE OF HEARING Zone Change Application No. 1135 Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Neighborhood Service District (NS), on the following described property, to wit: Legal Description: Lot 23 and Lot 24, Block 3, Wagon Wheel Subdivision, Abstract 509, H.T. & B.R.R. Company Survey, Brazoria County, Texas (6017 Larrycrest Drive) Owner: Billy K. Davis 3318CR89#5 Pearland, Texas 77584 Applicant: Same as Owner 111. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT B. APPLICANT PRESENTATION IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION VI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing, City Secretary, at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Posted in accordance with the Texas Local Government Code, Chapter 551, on the /4 441 day of NO U>ernb e r , 2003, at .3:00pr' . Removed on the day of , 2003. ZONING MAP Zone Change Application No. 1135 Owner: Billy K. Davis 6017 Larrycrest Drive (SD - NS) -Patridge DR.... _.-.__..___...__ ..— N W+E s 0 200 400 Feet 11 1 1 I PUBLIC COMMENT FORM City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1742 281-652-1702 fax ZONE CHANGE APPLICATION NO. 1135 Joint Public Hearing to be held Monday, November 17, 2003, 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,) prior to the Joint Public Hearing. I am FOR the requested zoning as explained on the attached public notice. (Checking "FOR" means that you support : the zone change request and feel that the zoning should be approved accordingly.) I am AGAINST the requested zoning as explained on the attached public notice. (Checking `AGAINST" means that you are in opposition to the zone change request and feel that the request should be denied.) Name: Address: - Pearland Tax Account No. (If shown on enclosed map): Signature: Date: COMMENTS: NOTICE OF 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 17th day of November, 2003, 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 Billy K. Davis, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Neighborhood Service District (NS), on the following described property, to wit: Lot 23 and Lot 24, Block 3, Wagon Wheel Subdivision, Abstract 509, H.T. & B.R.R. Company Survey, Brazoria County, Texas (6017 Larrycrest Drive) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Theresa Grahmann Theresa Grahmann Planner I APPLICATION NO. 1135 Parcels Identify Results LEGALTYPE: LOT NAME: 23 TAXID_: 8145-0057-000 PROPERTY: R262808 LEGAL: WAGON WHEEL (A0509 H T & B R R), BLOCK 3, LOT 23-24 UNDEFINED: 6017 SITUSST: LARRY CREST DR CR 742B SITUS1: DR SITUS2: CR 742B SITUSCITY: PEARLAND OWNER: DAVIS BILLY K & HYO TAN ENTITIES: GBC;RDB;SPL;DR4;CPL C ROSS_R EF_: 8145-0057-000 DB_PAGE: 22190 DEED_DATE: 6/9/1994 OWNER_NAME: DAVIS BILLY K & HYO TAN ADDRESS_1: 6017 LARRYCREST DR ADDRESS_2: ADDRESS_3: CITY: PEARLAND ST: TX ZIP_CODE: 77584-8345 TOTAL_LAND: 20400 TOTAL_IM: 41800 PROP_MARK: 62200 ST_LAND_S: F1 FIRST_IMP_: F1 EXEMPTIONS: ACREAGE: 0 Date: 10/27/2003 Time: 2:19:07 PM Page 1 Parcels Identify Results LEGALTYPE: LOT NAME: 24 TAXID: 8145-0057-000 PROPERTY: R262808 LEGAL: WAGON WHEEL (A0509 H T & B R R), BLOCK 3, LOT 23-24 UNDEFINED: 6017 SITUSST: LARRY CREST DR CR 742B SITUS1: DR SITUS2: CR 742B SITUSCITY: PEARLAND OWNER: DAVIS BILLY K & HYO TAN ENTITIES: GBC;RDB;SPL;DR4;CPL C ROSS_R E F_: 8145-0057-000 DB_PAGE: 22190 DEED_DATE: 6/9/1994 OWNER NAME: DAVIS BILLY K & HYO TAN ADDRESS_1: 6017 LARRYCREST DR ADDRESS_2: ADDRESS_3: CITY: PEARLAND ST: TX ZIP CODE: 77584-8345 TOTAL_LAND: 20400 TOTAL_IM: 41800 PROP MARK: 62200 ST_LAND_S: F1 FIRST_IMP_: F1 EXEMPTIONS: ACREAGE: 0 Date: 10/27/2003 Time: 2:18:55 PM Page 1 `"R262808 Datasheet Page 1 of 2 R262808 ■ Datasheet ■ Assessment History ■ Land Information ■ Improvements ■ Improvement Sketch ■ Location Map Brazoria ■ County Info ■ Account Search ■ Owner Search ■ Address Search ■ Property ID Search Search ■ New County Assistance ■ FAQs ■ Links ■ Forms Property Description Owner Address Property Situs Address Legal Description DAVIS BILLY K & HYO TAN 6017 LARRYCREST DR PEARLAND, TX 77584-8345 6017 LARRY CREST DR CR 742B PEARLAND, TX 77584 WAGON WHEEL (A0509 H T & B R R), BLOCK 3, LOT 23-24 Taxing Entities Exemptions 0 Deed GBC - Brazoria County RDB - Road & Bridge SPL - Pearland ISD DR4 - Braz Co Drain #4 CPL - City Pearland Book: 94 Page: 022190 Type: DV 06/09/94 Account Number Abstract/Subdivision Neighborhood 8145-0057-000 S8145 - Wagon Wheel (a0509 H T&B R R) Value Information Type Value Total Land HS/NHS $20,400 Total Productivity Market $0 Total Improvement HS/NHS $41,800 Total Market Value $62,200 * This value information is preliminary and not certified. These values should not be used in the estimation of taxes as they are subject to change. Prior year certified value information can be obtained by selecting the "Assessments" option. http://www.txcountydata.com/datasheet.aspYUounty=020&Fropertylll=l2b28U8 l U/2 //2003 NOTICE OF 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 17th day of November, 2003, 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 Billy K. Davis, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Neighborhood Service District (NS), on the following described property, to wit: Lot 23 and Lot 24, Block 3, Wagon Wheel Subdivision, Abstract 509, H.T. & B.R.R. Company Survey, Brazoria County, Texas (6017 Larrycrest Drive) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. 2fieresa CJrakmann Theresa Grahmann Planner I Date Posted AJotiernber'7j Z0E Date Removed APPLICATION NO. 1135 Regular Meeting New Business Item No. 1 Petition Ordinance No. 509-685 FYI City Manager, Bill Eisen, stated the applicant plans to develop a business park on the site. Voting "Aye" Councilmember Seeger, Marcott, Tetens, and Owens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Viktorin absent. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 509-685 - 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 LOT 23 AND LOT 24, BLOCK 3, WAGON WHEEL SUBDIVISION, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (6017 LARRYCREST DRIVE) (APPLICATION NO. 1135) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST OF BILLY K. DAVIS, 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. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Mayor Pro-Tem Tetens, to approve Ordinance,No. 509-685 (Application No. 1135) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 1135. Billy Davis, 3318 CR 89 #5, addressed Council and stated he has owned this property for approximately 10 years. He has own and operated a store at that location from 1989-2000. He would like to get the zoning changed in order to open a store or a restaurant as before. The property was closed down due to sewer line service in the area. The service took approximately 10 months to complete and during that time his business was lost. He stated he thought he was covered under the Grandfather clause, but realized it only covered him up until 6 months of closure of the business. He is currently trying to sell the property, but needs the zone change in order to sell. He stated his small area of Harkey is basically industrial. There is a Machine Shop, Sewer Treatment Plant, a retention pond, septic business, construction facility, mini -storage facility, and a manufacturing company in the area. He requested a chance to sell his property as commercial zoned and for Council to visit the property. He forwarded a copy of a petition signed by residents in the area. Page 6 of 18—12/08/2003 7:00 P.M. City Manager, Bill Eisen, stated the negative recommendation from the Planning and Zoning Commission would require a three quarter vote by City Council in order to approve the proposed change in zoning. Councilmember Marcott asked for the City's plans for the Harkey area. Executive Director of Community Services, Tobin Maples, stated Harkey would become a four -lane highway with an eight -foot right-of-way at some point in the future. Councilmember Seeger stated he is interested in looking at the petition before the second reading of the Ordinance. City Attorney, Darrin Coker, stated the second reading would take place tonight during the second Council Meeting. Councilmember Marcott stated there are relevant issues stated by the applicant. Council should take a look at the Neighborhood Service Zoning and attempt to minimize what could be placed on the property. City Attorney, Darrin Coker, stated the City's Master Plan for the area should be considered. He stated if the property zoning was changed to Neighborhood Service, then other properties in the area could come in and request the same. Discussion ensued among Council and Staff regarding zoning the property as Neighborhood Service with specific uses. City Attorney stated the property has not been used for approximately 2 years. He stated during the closure of Harkey Road another access was available for the business during that time. Additional discussion ensued among Council and Staff regarding a past request from another property owner for Neighborhood Service Zoning. The request was denied, but the applicant reapplied for and R-1 Zoning and it was approved. Mayor Pro-Tem Tetens stated this would be considered spot zoning due to the surrounding properties being zoned as residential. Councilmember Marcott made the motion, seconded by Councilmember Seeger, to' table Ordinance No. 509-685 (Application No. 1135) on its first reading, until further discussion with City Staff. Voting "Aye" Councilmember Marcott and Seeger. Page 7 of 18—12/08/2003 7:00 P.M. Voting "No" Councilmember Owens and Tetens. In order to break the tie vote, Mayor Reid cast his vote. Voting "Aye" Mayor Reid. Motion Passed 3 to 2, with Councilmember Viktorin absent. FIRST READING OF ORDINANCE NO. 509-686 - 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 LOT 20 AND LOT 21 OF THE GEORGE W. JENKINS SUBDIVISION IN THE W.D.C. HALL LEAGUE, ABSTRACT 70, BRAZORIA COUNTY, TEXAS (1729 E. BROADWAY STREET) (SPECIFIC USE APPLICATION NO. 129) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT — SPECIFIC USE (C(S)) AT THE REQUEST OF ROBERT BURNHAM, AGENT FOR FOUR SEASONS SELF STORAGE AT BROADWAY DIXIE, L.P., 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. Mr. Tobin Maples, Executive Director of Community Services. Mayor Pro-Tem Tetens made the motion, seconded by Councilmember Seeger, to approve Ordinance No. 509-686 (Specific Use Application No. 129) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use Application No. 129. City Manager,' Bill Eisen, stated this item is proposed to expand an exiting mini - warehouse. , Bill Todd, Attorney of the property owner, addressed Council and stated asked if the Ordinance would cover the specific use. City Attorney, Darrin Coker, stated the specific use is within the Ordinance. Councilmember Marcott stated the current Ordinance should be followed and asked for zoning clarification on portions of the property. He stated his concerns regarding the detention in the area. Executive Director of Community Services, Tobin Maples, stated he agrees with the concerns, however, he does not see any current problems occurring. This area will not be the traditional commercial development. Page 8 of 18 — 12/08/2003 7:00 P.M.