Loading...
Ord. 509-783 06-27-05 TabledTabled 6/27/05 No Action Taken ORDINANCE NO. 509-783 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 2.50 ACRES, TRACT 11- C, H.T. & B.R.R. COMPANY SURVEY, SECTION 2, ABSTRACT 542, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE NORTH SIDE OF ORANGE STREET, AND EAST OF STATE HIGHWAY 35 (MAIN STREET) (SPECIFIC USE PERMIT APPLICATION NO. 143) FOR A SPECIFIC USE PERMIT FOR STORAGE AND MINI -WAREHOUSE IN THE COMMERCIAL DISTRICT (C(S)), AT THE REQUEST OF BOBBY B. TRAN, APPLICANT FOR TWIN OAKS BUSINESS PARK, 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, Bobby B. Tran, applicant for Twin Oaks Business Park, owner, filed on April 14, 2005, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use as provided for in said Section 28, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A"; and WHEREAS, on the 16th day of May, 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 WHEREAS, on the 1st day of June, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Bobby B. Tran, applicant for Twin Oaks Business 1 ORDINANCE NO. 509-783 Park, owner, whereby the Commission recommended denial of a Specific Use Permit for Storage and Mini -Warehouse in the Commercial District (C(S)); 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 June 13, 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 Bobby B. Tran, applicant for Twin Oaks Business Park, 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 Storage and Mini -Warehouse in the Commercial District (C(S)), such property being more particularly described as: 2.50 acres, Tract 11-C, H.T. & B.R.R. Company Survey, Section 2, Abstract 542, City of Pearland, Brazoria County, Texas (Located on the North Side of Orange Street, and East of State Highway 35 (Main Street)) 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 2 ORDINANCE NO. 509-783 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 of the herein above described property. 3 ORDINANCE NO. 509-783 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this lath day of June ATTEST: , 2005. ,Dr4,-, 1; ?s.0 TOM REID MAYOR 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 4 Wednesday, April 13, 2005 12:26 PM FROM : L FNAMON Marsae Golliheair 281-337-4860 Fr1Y. NO. :2619972466 Apr, 1:3 2085 09:26AM P3 p.02 Please check one; APPLICATION FOR A CHANGE IN ZONING El Change in Zoning Classification from: 61, (list current melee) to: City of Peerland Community Development 3523 Liberty Drive. (Community Center) Pearland, Texas 77581 281-652-1768 281-(552-1702 fax www.cityotpcartsnd.ppm CZ Specific Use Permit Request for : Air_A Z 176 ,P Cam,-7i plat proposed use) (list proposed zoning) Property Information: Address: 3 r h - _ ' j4- os.1 > c= _ Tax Account No. 0 5-411 R o G 5 7060 Subdivision: /g0 4'f-A // T 7- B r !` Lot:11- [ 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: P,„_1< APPLICANTIINFFOORMATION: NAME-Ivo i rt), O � sk5 ,1,,, e.. 5 S — NAME i%'vs 07 11 T„%z,41,1 ADDRESS 1-). 6• anK l� s it q4o ADDRESS Yu 1(� C1T— e- J `� T,¢ - STATE _JIP7I n' R -"Vile* CITY / f TE TX ZIP '775 L PHONE(LS 1 ) te, ci 0 1.P6 r( FAX( - ) E-MAIL ADDRESS - — PHoNEL la) FAX( ?/ 3 ) 532 - to E-MAIL ADDRESS hobbki' TeAJ&E. Cora 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. 1 ramify 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: OFFICE USE ONLY: FEES P (0 DATE RECErIVEO AP LIGATION PAID: Uc PAID: � BY: T1) MISER; J LL 1 (I-3"`APPLICATION IS CONSIDERED INCOMPLETE WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND THE APPLICATION FEE-" Date: '/ - 1,2 o Date: Updated 10-29-04 PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning & Zoning Commission considered this specific use permit request at their regular meeting of May 16, 2005. Commission Member Ransom made a motion to recommend approval of the specific use permit, which was seconded by Commission Member Dumont. The motion to approve failed 1 — 5. Commission Member Ransom voted for the motion for approval. The specific use permit was recommended for denial by the Planning and Zoning Commission. The Planning and Zoning Commission stated the following as reasons for denial of this specific use permit: 1. The proposed specific use permit conflicts with the goals and objectives outlined within the Old Townsite Study, as it would not provide a compatible mix of residential and non-residential land uses, would not enhance the individual character of each of the four quadrants that comprise the area, and would not allow for a well -planned and integrated mix of residential, business, and public uses. 2. Due to the Old Townsite district, recommended park, and adjacent residential land uses, the subject property does not appear to be suitable for the development of a storage and mini -warehouse facility. 3. The proposed zone change is inconsistent with surrounding land uses, particularly on Orange Street and streets to the south. 4. The proposed Specific Use Permit has the potential to cause negative impact on the surrounding residential land use by introducing an increase in traffic, service vehicles, noise, as well as other impacts brought about by a storage and mini - warehouse facility. 5. The proposed Specific Use Permit conflicts with the Comprehensive Plan, which recommends residential uses for the subject property, and the proposed storage and mini -warehouse is not a residential use. RECOMMENDED ACTION Consider the requested specific use permit. Due to the Planning and Zoning Commission recommendation of denial, a super majority vote of the Council will be required to approve the specific use permit. Agenda Request SUP 143 Page 2 of 4 Planning & Zoning Commission Recommendation Letter June 1, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Specific Use Permit Application No. 143, a request by Bobby B. Tran, applicant for Twin Oaks Business Park, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for Storage and Mini -Warehouse in the Commercial District (C(S)) Honorable Mayor and City Council Members: At their regular meeting of May 16, 2005, the Planning and Zoning Commission considered the request for a Specific Use Permit for Storage and Mini -Warehouse in the Commercial District (C(S)) on the following property: Legal Description: 2.50 acres, Tract 11-C, H.T. & B.R.R. Company Survey, Section 2, Abstract 542, City of Pearland, Brazoria County, Texas General Location: Located on the North Side of Orange Street, and East of State Highway 35 (Main Street) Commission Member Ransom made a motion to recommend approval of the specific use permit, which was seconded by Commission Member Dumont. The motion to approve failed 1 — 5. Commission Member Ransom voted for the motion for approval. The specific use permit was recommended for denial by the Planning and Zoning Commission. The Planning and Zoning Commission stated the following as reasons for denial of this specific use permit application: 1. The proposed specific use permit conflicts with the goals and objectives outlined within the Old Townsite Study, as it would not provide a compatible mix of residential and non-residential land uses, would not enhance the individual character of each of the four quadrants that comprise the area, and would not Agenda Request SUP 143 Page 3 of 4 allow for a well -planned and integrated mix of residential, business, and public uses. 2. Due to the Old Townsite district, recommended park, and adjacent residential land uses, the subject property does not appear to be suitable for the development of a storage and mini -warehouse facility. 3. The proposed zone change is inconsistent with surrounding land uses, particularly on Orange Street and streets to the south. 4. The proposed Specific Use Permit has the potential to cause negative impact on the surrounding residential land use by introducing an increase in traffic, service vehicles, noise, as well as other impacts brought about by a storage and mini - warehouse facility. 5. The proposed Specific Use Permit conflicts with the Comprehensive Plan, which recommends residential uses for the subject property, and the proposed storage and mini -warehouse is not a residential use. Sincerely, Planning and Zoning Commission Agenda Request SUP 143 Page 4 of 4 LOCATION MAP Specific Use Permit Application No. 143 N W+E s 0 200 400 Feet Bill I Map Prepared on April 26, 2005 111111111111111111 11111111111 11011111111111 Off WAL-MART STORES TEXAS LP WAL-MART STORES TEXAS LP PEARLAND LUMBER CO PEARLAND LUMBER CO z SUBJECT PROPERTY DAWSON TOMMY S & GLENDA (and lot east) - bk Atom mum w RIGGS BRENDA MARTIN (and lot above) lik A_. rpm_ DESMOND JOHN W JR� Offi'-- -. MCFARLAND FAMILY REV TRUST gra-v....-mmura MARTIN ROY F JR MARTIN ROY F JR MIS —111111 DESMOND JOHN W JR BEDFORD ELEANOR M z v GRICE DOUGLAS EDWARD (and lot above) NOLEN ALMA IMOGENE (3 lots) illivAilIV PM 1 IM II lias I. 1111111111 O'NEILL THOMAS M II & LORA M O'NEILL THOMAS M 11 & LORA M Ira .i •1 NICHOLS J C JR CARTER K L OWNERSHIP MAP N Specific Use Permit w+E Application No. 143 S 0 200 400 Feet 1 1 1 1 1 Map Prepared on April 26, 2005 PROP ID OWNER R177035 WAL-MART STORES TEXAS LP R177135 PEARLAND LUMBER CO R177063 DESMOND JOHN W JR R237344 GRICE DOUGLAS EDWARD R177102 MCFARLAND FAMILY REVOCABLE TRUST R177138 PARTRIDGE LENORA G%KATHLEEN TULLIS R177138 PARTRIDGE LENORA G%KATHLEEN TULLIS R177097 BEDFORD ELEANOR M R177100 O'NEILL THOMAS M II & LORA M R177111 NICHOLS J C JR R237332 DAWSON TOMMY S & GLENDA R237345 GRICE DOUGLAS EDWARD R177063 DESMOND JOHN W JR R177102 MCFARLAND FAMILY REVOCABLE TRUST R177138 PARTRIDGE LENORA G%KATHLEEN TULLIS R177136 CARTER K L R490021 WAL-MART STORES TEXAS LP R177146 MARTIN ROY F JR R177146 MARTIN ROY F JR BOBBY B TRAN R177108 TWIN OAKS BUSINESS PARK, INC R237359 NOLEN ALMA IMOGENE R237346 NOLEN ALMA IMOGENE R237332 DAWSON TOMMY S & GLENDA R177135 PEARLAND LUMBER CO R237333 RIGGS BRENDA MARTIN R237348 NOLEN ALMA IMOGENE R237345 GRICE DOUGLAS EDWARD R237333 RIGGS BRENDA MARTIN SPECIFIC USE PERMIT APPLICATION NO. 143 Property Owner Notification List ADDRESS 2201 SE 10TH ST PO BOX 1700 2008 GALVESTON AVE 3312 E ORANGE ST 2012 GALVESTON AVE 11510 QUINCEWOOD DR 11510 QUINCEWOOD DR 2020 GALVESTON AVE 2024 N GALVESTON AVE PO BOX 1701 4803 W ORANGE ST 3312 E ORANGE ST 2008 GALVESTON AVE 2012 GALVESTON AVE 11510 QUINCEWOOD DR 3607 E ORANGE ST 2201 SE 10TH ST 1930 1/2 GALVESTON AVE 1930 1/2 GALVESTON AVE 2702 EVERGREEN DR PO BOX 58496 2106 GALVESTON AVE 2106 GALVESTON AVE 4803 W ORANGE ST PO BOX 1700 PO BOX 354 2106 GALVESTON AVE 3312 E ORANGE ST PO BOX 354 CITY ST ZIP CODE LEGAL DESCRIPTION BENTONVILLE AK PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX HOUSTON TX HOUSTON TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX HOUSTON TX PEARLAND TX BENTONVILLE AK PEARLAND TX PEARLAND TX PEARLAND TX WEBSTER TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX PEARLAND TX 72716-0550 77588-1700 77581-3422 77581-3502 77581-3422 77089-5310 77089-5310 77581-3422 77581 77588-1701 77581-3205 77581-3502 77581-3422 77581-3422 77089-5310 77581-3407 72716-0550 77581-3400 77581-3400 77581 77598-8496 77581-3424 77581-3424 77581-3205 77588-1700 77588-0354 77581-3424 77581-3502 77588-0354 A0542 H T & B R R, TRACT PT 26, PEARLAND, ACRES 4.125 A0542 H T & B R R, TRACT 12-12A, ACRES 10.000 A0542 H T & B R R, TRACT 11J-11A5, ACRES 0.541 PEARLAND, BLOCK G, LOT 10 N 40'-LOT 11 S 40' A0542 H T & B R R, TRACT 11A-111, ACRES 0.536 A0542 H T & B R R, TRACT 11A2-11F-11G-11A4A, ACRES 0.590 A0542 H T & B R R, TRACT 11A2-11F-11G-11A4A, ACRES 0.590 A0542 H T & B R R, TR 11A2A-11F1-11A4B-11B2, ACRES 2.013 A0542 H T & B R R, TRACT 11A1-11E, ACRES 0.370 A0542 H T & B R R, TRACT 11A4, PEARLAND, ACRES 0.660 PEARLAND, BLOCK G, LOT 1-12 N 80' PEARLAND, BLOCK G, LOT 12 S 20'-LOT 11 N 60' A0542 HT & B R R, TRACT 11J-11A5, ACRES 0.541 A0542 H T & B R R, TRACT 11A-111, ACRES 0.536 A0542 H T & B R R, TR 11 A2-11 F-11 G-11 A4A, ACRES 0.590 A0542 H T & B R R, TRACT 11B, ACRES 0.664 A0542 H T & B R R, BLOCK 1, TRACT A, ACRES 22.074 A0542 H T & B R R, TRACT 11A3-11H-11B1, ACRES 1.500 A0542 H T & B R R, TRACT 11A3-11H-11B1, ACRES 1.500 APPLICANT A0542 H T & B R R, TRACT 11-C, ACRES 2.500 PEARLAND, BLOCK H, LOT 12 S 40'-LOT 11 N 20' PEARLAND, BLOCK H, LOT N 67.5' LOT 1 PEARLAND, BLOCK G, LOT 1-12 N 80' A0542 H T & B R R, TRACT 12-12A, ACRES 10.000 PEARLAND, BLOCK G, LOT 2-LOT 1 S 20'-LOT 3 N 40' PEARLAND, BLOCK H, LOT 2A S 60' OF N 87.5' PEARLAND, BLOCK G, LOT 12 S 20'-LOT 11 N 60' PEARLAND, BLOCK G, LOT 2-LOT 1 S 20'-LOT 3 N 40' 460 FEET SHELL ROAD 115' I 20' 24' r' w E 40 20 0 40 SCALE: 1'=40' 56' //// 10' x 660' STORAGE BUILDING 86 — 10' x 20' UNITS CONCRETE DRIVE 3D' 24' 30' x 80'( CONCRETE DRIVE 10' x 590' STORAGE BUILDING 59 - 10' x 15' UNITS 10' x 590' STORAGE BUILDING 59 - 10' x 15' UNITS to 10' x 660' STORAGE BUILDING 66 - 10' x 10' UNITS a 237 er DETENTION POND 36' 1'J 947 FEET �. 115 FEET H• HOSTETLER JOHNSTON, LLC COSULTING ENGINEERS am mini Self Storage 3701 E. Orange Pearland, Texas 77581 SITE PLAN DATE 05-11-05 3701-SITE OPIANN Fr, Ft TRAN SNEET JOINT PUBLIC HEARING AGENDA ITEM MEETING OF MAY 16, 2005 Specific Use Permit Application No. 143 TO: City Council Planning and Zoning Commission SUBJECT: A request by Bobby B. Tran, applicant for Twin Oaks Business Park, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for Storage and Mini -Warehouse in the Commercial District (C(S)) LEGAL 2.50 acres, Tract 11-C, H.T. & B.R.R. Company Survey, Section DESCRIPTION: 2, Abstract 542, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Located on the North Side of Orange Street, and East of State Highway 35 (Main Street) APPROVAL PROCESS: After this Joint Public Hearing, the requested specific use permit application will be considered as follows: Planning and Zoning Commission: May 16, 2005 City Council for First Reading: June 13, 2005 City Council for Second Reading: June 27, 2005 SUMMARY: The applicant is requesting approval of a Specific Use Permit to allow storage and mini -warehouse on a lot that is zoned Commercial District (C). The Land Use and Urban Development Ordinance requires approval of a Specific Use Permit for any storage and mini -warehouse facilities in the Commercial District (C), as well as other districts. The subject property is currently undeveloped. SUP No. 143 Page 1 SURROUNDING ZONING AND LAND USES: North South East West Zoning Commercial District (C) General Business District — Specific Use (GB(S)) Single Family Dwelling District (R-3); Commercial District (C) Commercial District (C) Land Use Wal-Mart Supercenter (under construction) Undeveloped tracts Single family residences Pearland Lumber Company CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The subject property is currently zoned Commercial District (C), and the existing lot meets the minimum lot size and lot width of the Commercial District. The applicant will be responsible for compliance with all other regulations within the Commercial District and the Land Use and Urban Development Ordinance, should the specific use permit be approved. PLATTING STATUS: It appears that the subject property is not platted. A plat may need to be submitted and approved, prior to the issuance of a building permit. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "Medium Density Residential" for the subject property and for the properties to the east along Orange Street. The Comprehensive Plan further indicates that the appropriate zoning districts for "Medium Density Residential" are the Single Family Dwelling Districts R-2, R-3, and R-4. The existing Commercial zoning district for the property currently conflicts with the recommendations of the Comprehensive Plan, as the Commercial zoning has been in place for several years. The Comprehensive Plan designates the properties to the west and north of the subject property for Business Commercial uses. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Orange Street, a minor collector street with a right-of-way of 60 feet and of sufficient width. No other roadways affect the subject property. SUP No. 143 Page 2 AVAILABILITY OF UTILITIES: An 8 inch water main currently exists within Orange Street. A 6 inch gravity main sanitary sewer currently exists within Orange Street, and a 6 inch force main sanitary sewer currently exists along the west side of the subject property. Utility service will be reviewed as part of the application for a building permit. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The requested specific use permit has the potential to cause negative impacts on the surrounding properties and residential Tots within the subject area. The surrounding properties to the east and south are largely developed with single family residential land use, and the introduction of a storage and mini -warehouse facility could impact these residential land uses due to increased traffic, noise, and service vehicles. The subject property is located within the boundaries of the Old Townsite Development District. The Old Townsite, or Village District, was defined in the previous Comprehensive Plan as extending northward to Orange Street, but not going beyond Orange Street. However, the ongoing Townsite Study provides extended boundaries for the Old Townsite, extending northward of Orange Street and including the subject property, and having its northern limits at Town Ditch. This quadrant of the Townsite is designated as the "Arts Culture and Education District, due to many existing schools, the community college, and faith -based institutions. One of the recommendations contained within the Old Townsite study is for the City to consider creating a new neighborhood park at the east end of Grand Boulevard and north of Orange Street in order to provide a link to the Town Ditch greenway. One of the goals of the Old Townsite Study was to reinvent the Old Town as a modern town center with a compatible mix of residential and non-residential land uses. Another goal is to enhance the individual character of each of the four quadrants that comprise the area, and should include a well -planned and integrated mix of residential, business, and public uses. Due to the Old Townsite district, recommended park, and adjacent residential land uses, the subject property does not appear to be suitable for the development of a storage and mini -warehouse facility. The proposed storage and mini -warehouse facility is not in keeping with these goals created for the Old Townsite. If the proposed Specific Use Permit is approved, the applicant may be responsible for the submittal of a traffic impact analysis (TIA) in order to determine the impact of the proposed development on adjacent roadways and adjacent properties, as well as the locations of driveways. When the subject property is developed, the applicant would be responsible for the construction of a 6 foot high masonry fence along the east side of the subject property, only where adjacent to the R-3 zoning districts, unless otherwise specified within the Specific Use Permit. SUP No. 143 Page 3 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 denial of the Specific Use Permit, as proposed by the applicant, for the following reasons: 1. The proposed specific use permit conflicts with the goals and objectives outlined within the Old Townsite Study, as it would not provide a compatible mix of residential and non-residential land uses, would not enhance the individual character of each of the four quadrants that comprise the area, and would not allow for a well -planned and integrated mix of residential, business, and public uses. 2. Due to the Old Townsite district, recommended park, and adjacent residential land uses, the subject property does not appear to be suitable for the development of a storage and mini -warehouse facility. 3. The proposed zone change is inconsistent with surrounding land uses, particularly on Orange Street and streets to the south. 4. The proposed Specific Use Permit has the potential to cause negative impact on the surrounding residential land use by introducing an increase in traffic, service vehicles, noise, as well as other impacts brought about by a storage and mini - warehouse facility. 5. The proposed Specific Use Permit conflicts with the Comprehensive Plan, which recommends residential uses for the subject property, and the proposed storage and mini -warehouse is not a residential use. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Proposed Site Plan and Elevations • Zoning Map • Future Land Use Plan SUP No. 143 Page 4 PA No, 713 07 3169 P. 00 005. MAY 16. MON 09:31 AM INVESTOR SERVICES PUBLIC COMMENT FORM okLt- City of Pearland Community Development 3523 liberty Drive (Community Center) Pearland, Texas 77581 281-652-1742 281-652-1702 fax SPECIFIC USE PERMIT APPLICATION NO. 143 Joint Public Hearing to be held Monday, May 16, 2005, 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 (bv mail, by fax, or in person or email tdrahmann(5 ci.pearland.tx.us) prior to the Joint Public Hearing. You may complete this form and attend the Joint Public Hearing. I am FOR the requested zoning as explained on the attached public notice. (Checking "FOR" means that you support the zone change request and feel that the zoning should be approved accordingly.) I am AGAINST the requested zoning as explained on the attached public notice. (Checking "AGAINST" moans that you are in opposition to the zone change request and feel that the request should be denied.) Name: 60()Nrck G PQ,c 1' t'1 l Ci� ' '��Ctti I f P� 'l c ( t Address: °' (.0 cJk , Ca, I V e S ID l� ear (. Pearland Tax Acco nt No. (If shown on enclosed map): 659 61v 0 j / 00 Date: ~ I I V Signature; COMMENTS: (-6r j 0 `y-1 (-16L e 5- e e/1,J . � Cc%t,c a --P/u dlt PUBLIC COMMENT FORM City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1742 281-652-1702 fax SPECIFIC USE PERMIT APPLICATION NO. 143 Joint Public Hearing to be held Monday, May 16, 2005, at 6:30 PM in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas. If you are unable to attend the Joint Public Hearing, but wish to have your opinions made a part of the public record, please complete this form and return to the above noted address (by mail, by fax, or in person, or email tgrahmann(a�ci.pearland.tx.us) prior to the Joint Public Hearing. You may complete this form and attend the Joint Public Hearing. I am FOR the requested zoning as explained on the attached public notice. (Checking "FOR" means that you support the zone change request and feel that the zoning should be approved accordingly.) I am AGAINST the requested zoning as explained on the attached public notice. (Checking "AGAINST" means that you are in opposition to the zone change request and feel that the request should be denied.) Name: Address: 20 zc Pearland Tax Account No. (If shown on enclosed map): O 5i4 -- CEO 3 s)`- O c:)'D Signature: COMMENTS:64, /e2_,a_et_eefie, 1 . /Lrn.cJ .t . b ,fiaui .r1 Date: J S - © r 4.,/is,2-c1,- .0 .r _pio � i0_��/-/Qv 1r11 , O A.-,57.,. .e.�qi d-et-e—e_. r '`'. G'[_lC± j 4,a,.-7itJ La, h- 7,-E•2--- •..� it,t-ems ..7,1,2 ,. %/L•e--cL,, ; t X CXtff.74,j e__:.: ,t/t..e-e-,,,=42- 6Lt_..c.,,66.ici.a.,t, ) 6 el . lr-tel L.t�e_.-L�..L.Q... (w /� .a—l' /:, _ h A" �.'. r74' —,gl.Q .tA,C ' ilttf/L(,-7,,P.,_, ,1-, PUBLIC COMMENT FORM City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1742 281-652-1702 fax SPECIFIC USE PERMIT APPLICATION NO. 143 Joint Public Hearing to be held Monday, May 16, 2005, at 6:30 PM in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas. If you are unable to attend the Joint Public Hearing, but wish to have your opinions made a part of the public record, please complete this form and return to the above noted address (by mail, by fax, or in person, or email tgrahmann@ci.pearland.tx.us) prior to the Joint Public Hearing. You may complete this form and attend the Joint Public Hearing. I am FOR the requested zoning as explained on the attached public notice. (Checking "FOR" means that you support the zone change request and feel that the zoning should be approved accordingly.) I am AGAINST the requested zoning as explained on the attached public notice. (Checking "AGAINST" means that you are in opposition to the zone change request and feel that the request should be denied.) Name: ktivi C' -.'V" eaki4). (%. (JztAkz,t, Address: O P, da4.4. 1., Pearland Tax Account No. (If shown on enclosed map): Signature: 2 COMMENTS: 7tv, _ u At �61 poS /ova Date: J 7/ 7 62. c G (Sit e 4[ :> 7 PUBLIC COMMENT FORM City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1742 281-652-1702 fax SPECIFIC USE PERMIT APPLICATION NO. 143 Joint Public Hearing to be held Monday, May 16, 2005, at 6:30 PM in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas. If you are unable to attend the Joint Public Hearing, but wish to have your opinions made a part of the public record, please complete this form and return to the above noted address (by mail, by fax, or in person, or email tgrahmann(a ci.pearland.tx.us) prior to the Joint Public Hearing. You may complete this form and attend the Joint Public Hearing. I am FOR the requested zoning as explained on the attached public notice. (Checking "FOR" means that you support the zone change request and feel that the zoning should be approved accordingly.) /i/ 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): OJ (7 00 5/ C>a D Signature: Lug P Date: e C ��.c�-• v �C✓ -� ���- tea. �. c� -AJL-a-L-L) .a,r4-4, izt-k-dfe /P/e-fr-ifet.-t-S' Pw L ( 0- OMY ErJT 5peoifIe Use Pe( m>. Apptie d & iL3 "JOHN DESMOND" <chipsdesmond@msn To:LMunford@ci.pearland.tx.us .com> cc: 05/09/2005 05:41 PM Subject:RE: Community Action Center submission To: Planning & Zoning Commission I have lived at 2008 Galveston Ave. for over 35 years.I would like to ask that the Zoning Commission not change the Zoning of the area west of North Galveston Ave and behind Pearland Lumber. We now have Wal Mart to our North with no hope of keeping out the noise & light since they cut down all the trees on the north of the drainage ditch. The trees are the only this that keeps us looking like a residencal neighborhood. Also I would like to see the ambulance dispatch barn be moved to FM 518 before we run over a child that has to walk to school because they are too close for bus service. In the morning & afternoon the ambulances weave in & out the school zone on a hope & prayer that they don't hit a child. I would hate to know that it was racing to me or Wind Song and hit a child since I have already lived my life. PS I am 66. Thank You John W. Desmond ZONING MAP Specific Use Permit Application No. 143 N W+E s 0 200 400 Feet Bill 1 Map Prepared on April 26, 2005 r MIN INN r D-10,000 SF Lem Suburban Res) ' Ills III lab 1 iii, trill= iv 1011.4. Tffir IA um -7;11W - rErra NM Sli so Ell Mill , MIN mum - _g ORA , e. ST- 0 FUTURE LAND USE PLAN Specific Use Permit Application No. 143 W+E 0 200 400 Feet It'll Map Prepared on April 26, 2005 'PEL cOM(&rJT 5pecifi"C U, e2e(mt.� AppLt I +3 "JOHN DESMOND" <chipsdesmond@msn To:LMunford@ci.pearland.tx.us .com> cc: 05/09/2005 05:41 PM Subject:RE: Community Action Center submission To: Planning & Zoning Commission I have lived at 2008 Galveston Ave. for over 35 years.I would like to ask that the Zoning Commission not change the Zoning of the area west of North Galveston Ave and behind Pearland Lumber. We now have Wal Mart to our North with no hope of keeping out the noise & light since they cut down all the trees on the north of the drainage ditch. The trees are the only this that keeps us looking like a residencal neighborhood. Also I would like to see the ambulance dispatch barn be moved to FM 518 before we run over a child that has to walk to school because they are too close for bus service. In the morning & afternoon the ambulances weave in & out the school zone on a hope & prayer that they don't hit a child. I would hate to know that it was racing to me or Wind Song and hit a child since I have already lived my life. PS I am 66. Thank You John W. Desmond AFFIDAVIT OF PUBLICATION AVP IL1:5 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 Y' 27 20 PS No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 2 200_ • 'n • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 President day -of 4141 Laura Ann Emmons, Publisher Notary Public, State of Texas r_ - — —� Published April 27 and May 4, 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. 143 Notice is hereby given that i on May 16, 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 Bobby B. Tran, applicant for Twin Oaks. Business Park, owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for a Specific Use Permit for Storage and Mini - Warehouse in .the Commercial District (C(S)) -on the following described property, to wit: 2.50 acres, Tract 11-C, H.T. LEGALS & B.R.R. Company Survey, Section 2, Abstract 542, I City of Pearland, Brazoria County,' Texas (Located on i the North Side of Orange Street, and East of State Highway 35 (Main Street) At said hearing all interest- ed parties shall have the right and opportunity to -appear and be heard on the subject. /s(Theresa Grahmann LSenior Planner 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. r.' 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 " y 20 05- No. Date 20 No Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 c95 day of Laura Ann Emmons, Publisher Notary Public, State of. Texas. Published April 27 and May 4, 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. 143 • Notice is hereby given that ' on May 16, 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 I Bobby B. Tran, applicant for Twin Oaks Business Park; ; owner, for an amendment to the Land Use and Urban Development Ordinance of, said City, for a Specific Use Permit for Storage and Mini Warehouse ;in the: Commercial District (C(S)), on the following describedi i property, to wit: 2.50 acres, Tract 11-C, H.T. & B.R.R. Company Survey, , Section 2, Abstract 542, City of Pearland, Brazoria County„Texas (Located on the North Side of Orange Street, and East of State • Highway 35 (Main Street) • At said hearing all interest- ed parties shall have the • right and opportunity•to' appear and be heard on the subject /slTheresa Grahmann Senior Planner