Ord. 509-562 01-28-02 TabledThis Item was Tabled 1128102.
See Ordinance No. 509-574
ORDINANCE NO. 509-562
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 3 ACRES, OUT OF A 12 ACRE
TRACT, BEING OUT OF THE SOUTH 99 ACRES OF THE H. T. & B. R.R.
COMPANY SURVEY, SECTION 7, A-219, AND RECORDED IN VOLUME
868, PAGE 239, DEED RECORDS OF BRAZORIA COUNTY, TEXAS,
(APPLICATION NO. 1015) (6301 BROADWAY STREET) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL DISTRICT (C) AT THE REQUEST OF JIMMY VAUGHAN,
AGENT FOR JAMES MARSH, 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, Jimmy Vaughan, agent for James Marsh, Owner, filed on October 26,
2001, 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 14th of January, 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 15th day of January, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-562
proposed amendment application by, Jimmy Vaughan, agent for James Marsh, Owner,
whereby the Commission recommended and denied a change of classification for the
property described in Exhibit "A" from its existing classification of Suburban Development
District (SD) 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 January 28, 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 Jimmy Vaughan, agent for James Marsh, Owner, presented which, in the
judgment of the City Council, would justify the approval of said application, now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
The following described property located within the corporate City limits of the City
of Pearland, Texas, and presently classified as Suburban Development District (SD) is
hereby for all purposes changed and reclassified as Commercial District (C), such property
being more particularly described as:
3 acres, out of a 12 acre tract, being out of the South 99 acres of the H. T. & B. R.R.
Company Survey, Section 7, A-219, and recorded in Volume 868, page 239, Deed
Records of Brazoria County, Texas, (6301 Broadway Street)
2
ORDINANCE NO. 509-562
II.
The City Council of the City of Pearland finds and determines that the recitations in
the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The City
Council further finds and determines that there has been compliance with the mandates
of law in the posting and presentation of this matter to the Planning and Zoning
Commission and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the amendment
adopted herein promotes the health, safety, and general welfare of the public and is a
proper valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
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.
3
ORDINANCE NO. 509-562
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to the
official Land Use District Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509, and consistent with the approval herein granted for the reclassification
of the herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2002.
ATTEST:
YOUNG LORFING
CITY SECRETARY
4
TOM REID
MAYOR
ORDINANCE NO. 509-562
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
ATTEST:
, 2002.
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
TOM REID
MAYOR
CITY OF PEARLAND
ZONE CRANGE APPLICATION
revised 10/20/01
\ Change in Zoning Classification from: D to:
Change in Regulations in Section #:
Specific Use for: *
Property address:
6S01 gcoL/ S}
Lot: Block:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: 1L CS 3 L L
Current use of land: \—CVIAJSC.cvpe_
vacs I�f imvnerc a' (oc f toProposed use of land: C nvL C c
Record owner's name: VYreS H , c les h
Owner's mailing address:
'7919 OrAnn+-91en
Owner's telephone number: S l O l? 0/ f
Agent's name:
Agent's mailing address:
Agent's telephone number:
P,scvote,,r\cx.
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PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use
Permit request to allow a residential use in a busine s zone (OP, G: acknowledge that such use
may be incompatible with current and future uses o� propertie MITIM
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Owner's signature:
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Fees paid: $
Received by:VY
Agent'
Date paid: 0 - Q4.0-01
Application number:
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Zone Change Application No. 1015
James Marsh/Jimmy Vaughan
6301 Broadway Street
(SD-C)
W E
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
3razoria and Harris Counties
, Randy Emmons, hereby certify that the notice hereby appended was published
n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;irculation in Brazoria, Harris & Galveston Counties, for 1 issues, as -follows:
No. j Date /- Z 20 0 L
No. Date - 20
No. Date 20
No. Date 20
No. Date 20
ibscribe and sworn to before me this
'
Notary Ftut.C, st�.c8 ,
COt;: d' 1��%:8S :'
r;ssien E. p;r es 9--9-02
President
day o
oLfD
Laura Ann Emmons, Publisher
Notary Public, State of Texas
APPLICATION No.1015
Published Dec. 26, 2001 1
Jan. 2, 2002
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 or
the 14th day of January,
2002,;at 6:30 p.m., the City
Council and the 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, City Hall,
3519 Liberty Drive, Pearfand,
Texas, on the request of
Jimmy Vaughan, agent for
James H. Marsh, owner, for
an amendment to the Land
Use and Urban Development
Ordinance of said City from
Classification Suburban
Development District (SD) to
Commercial District (C) on
the following described prop-
erty, to wit:
3 acres, out of a 12 acre tract,
being out of the South 99
acres of the'H. T. & B R. R.
Co. survey, Sect 7, A-219,
and recorded in Vol 868, pg
239, Deed Records of
Brazoria Co., TX (6301
Broadway St)
At said hearing all interested
parties shall have the right'
and opportunity to appear nd`
be heard on the subject
tiCo a n
Development coordinator
APPLICATION NO. 1015
January 15, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1015
Request by Jimmy Vaughan, agent for James Marsh, owner for an amendment to the Land Use
and Urban Development Ordinance of said City from Suburban Development District (SD) to
Commercial District (C) on the following described property, to wit:
3 acres, out of a 12-acre tract, being out of the South 99 acres of the H. T. & B. R.R. Co. survey,
Section 7, A-219, and recorded in Volume 868, page 239, Deed Records of Brazoria Co., TX,
(6301 Broadway Street)
Honorable Mayor and Council Members:
At a regular meeting held on January 14, 2002, which was immediately after a Joint Public
Hearing, the Planning and Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Don Sederdahl to forward Zoning Application No. 1015 to
City Council for denial with a second made by Commissioner Todd Iocco.
Commissioner Iocco pointed out that the Commission is concerned about what could become of
the property, and he did not have a problem with "General Business" along the front of the
property. Commissioner Scherrer strongly disagreed with the "spot zoning" issue that was
brought up, and he referred to the existing "Commercial" zoning next to the request and he
pointed out that the request is also consistent with zoning along FM 518. Commissioner Selemon
stated that he also shared concerns regarding the possibility of outside storage.
Discussion ensued regarding masonry fencing and Development Coordinator Mona Phipps
pointed out that a 6' masonry fence will be required on the north and east side of the property.
Motion to deny passed 4 to 2.
Voting Record:
"Aye" — Commissioners Selemon, Iocco, Sederdahl, and McDonald.
"No" — Chairman Viktorin, and Commissioner Scherrer.
This is submitted for your consideration.
Sincerely,
. Charles Viktorin, Chairman
Planning & Zoning Commission
HCV/jmg
Zone Change Application No. 1015
City Council and Planning and Zoning Commission Joint Public Hearing:January 14, 2002
Owner:
Applicant/Agent:
James H. Marsh
Jimmy Vaughan
Location:
Existing Zoning:
Requested Zoning:
6301 Broadway Street, North side of Broadway Street
between O'Day Road and Garden Road
Suburban Development District (SD)
Commercial District (C)
Summary:
The applicant is requesting a zone change on 3 acres in order to bring an existing commercial
building into compliance. The property to the North is zoned Suburban Development District
(SD) and is developed with single family homes. The property to the South is zoned
Commercial District (C) and is developed with the First Community Bank Building. The
properties to the West are primarily zoned Commercial District (C) with the exception of one
General Business District (GB) property fronting Broadway Street. All of the properties
immediately West are occupied by Lescon and Leslie Plumbing Company. The properties to
the East are primarily zoned Single Family Dwelling District (R 1) with the exception of one
property zoned Suburban Development District (SD) fronting Broadway Street. The majority
of the properties are developed with single family homes, except for the Westside Church of
Christ on the SD zoned property.
Public Notice/Comment Forms were mailed to eighteen (18) property owners within 200 feet
of this request. No Public Comment Forms have been returned.
1
Other Considerations:
• The Comprehensive Plan recommends Retail, Offices and Services uses for this area.
The proposed zone change is not consistent with the Comprehensive Plan. Specifically,
the Comprehensive Plan states that Office Professional (OP), Neighborhood Services
(NS) and General Business (GB) are appropriate zoning districts for Retail, Offices and
Services. However, this request is consistent with the majority of the surrounding uses
and the majority of the property fronting Broadway Street in this area is zoned
Commercial District (C).
• The applicant is aware that the property must comply with all ordinances (ie facade,
parking, etc.) prior to occupancy.
Staff Recommendation:
Approval
Attachments:
Public Hearing Notice
Zone Change Application
Location Map
Area Zoning Map
Property Owner Notification Map
Property Owner Notification List
2
Zone Change Application No. 1015
James Marsh/Jimmy Vaughan
6301 Broadway Street
(SD-C)
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Zone Change Application No. 1015
James Marsh/Jimmy Vaughan
6301 Broadway Street
(SD-C)
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TAX ACCT # OWNER NAME
02190038000
42710017000
02190038110
42710017000
42710008000
42710017000
02190038120
02190038130
42710009000
02190038160
42710004000
02190038140
02190038150
42710011111
82431004110
82431004000
82431004140
82431004120
APPLICANT
AGENT
ROSINSKI T E & WALSH M
OSTEEN ROBERT L
CLEVERS RONALD L ETUX
OSTEEN ROBERT L
KNEELAND ARTHUR G & JANICE
OSTEEN ROBERT L
CROWN WAREHOUSE SERVICE IN
LESLIE STAN A
MCMASTER DAN R
LESLIE STAN A
KNEELAND ARTHUR G & JANICE
LESLIE STAN A
AHLAWAT D S & SHOVITA
VICTORY BAPTIST CHURCH
WEST OAKS HOMEOWNERS ASSOC
PEARLAND WEST OAK LTD
QUAIL CHASE ASSOCIATES
ASSOCIATED CREDIT UNION
MARSH JAMES H
VAUGHAN JIMMY
ZONE CHANGE APPLICATION NO. 1015
Notification List
ADDRESS
6220 GARDENIA ST
2550 THELMA ST
5914 GARDENIA ST
2550 THELMA ST
2626 THELMA ST
2550 THELMA ST
7919 MONTGLEN ST
2617 LAZY BEND ST
2614 THELMA ST
2617 LAZY BEND ST
2626 THELMA ST
2 VILLAGE OAKS LN
2720 HOT SPRINGS DR
PO BOX 4039
2563 BAY AREA BLVD
6802 BROADWAY ST # 250
438 CAMBRIDGE AVE
PO BOX 756
7919 MONTGLEN ST
4303 SAO PAULO
CITY
PEARLAND, TX 77581-7085
PEARLAND, TX 77581-7081
PEARLAND, TX 77581-7003
PEARLAND, TX 77581-7081
PEARLAND, TX77581-7773
PEARLAND, TX 77581-7081
HOUSTON, TX 77061-1319
PEARLAND, TX77581-1005
PEARLAND, TX 77581-7773
PEARLAND, TX 77581-1005
PEARLAND, TX77581-7773
HOUSTON, TX 77055-6533
PEARLAND, TX 77584-1314
BRAZORIA, TX 77422-4039
HOUSTON, TX 7705E-1521
PEARLAND, TX 77581-7736
PALO ALTO, CA 94306-1507
DEER PARK, TX 77536-0756
HOUSTON, TX 77061
PASADENA, TX 77504
LEGAL DESCRIPTION
A0219 H T & B R R, TRACT 36H, ACRES 2.590
GARDEN ACRES (A0219 H T & B R R), LOT 4-5-6 SEC 3
A0219 HT&BR R, TRACT 36H1, ACRES 1.000
GARDEN ACRES (A0219 H T & B R R), LOT 4-5-6 SEC 3
GARDEN ACRES (A0219 H T& B R R), LOT 2 SEC 3
GARDEN ACRES (A0219 H T & B R R), LOT 4-5-6 SEC 3
A0219 H T & B R R, TRACT 36H2, ACRES 3.000
A0219 H T & B R R, TRACT 36H3, ACRES 1.780
GARDEN ACRES (A0219 H T& B R R), LOT 3 SEC 3
A0219 HT&BR R, TR 36H3, ACRES 1.780
GARDEN ACRES (A0219 H T& B R R), LOT 1 SEC 3
A0219 H T & B R R, TR 1, GABRIEL ENTERPR, AC 1.103
A0219 H T & B R R, TR 2, GABRIEL ENTERPR, AC .516
GARDEN ACRES (A0219 H T& B R R), LOT C SEC 3
WEST OAKS 1A-B/2A-B-C, LT RES Al-B1 COMMON AREA, AC 1.557
WEST OAKS SEC 1A PH A, BLK 4, LT RES A, SEC 1A, AC 3.752
WEST OAKS OFFICE BLDG, SEC 1A, BLK 1, RES A, AC 2.334
WEST OAKS 1A-B/2A-B-C/3A, BLK 1, PT REPL RES A, AC 1.525