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Ord. 2000M-0072 2010-09-13 FailedFailed September 13. 2010 ORDINANCE NO. 2000M -72 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING APPROXIMATELY 3.0 ACRE TRACT OF LAND OUT OF A 10 ACRE TRACT, A RESIDUE OF D. H, STRIPLING12.000 ACRE TRACT RECORDED VOLUME 868, PAGE 239 OF THE BRAZORIA COUNTY DEED RECORDS. ALL BEING PART OF THE SOUTH 99 ACRES OF THE H.T. B. R. R. CO. SURVEY, SEC, 7, A -219 AS RECORDED IN VOLUME 595, PAGE 63 OF THE DEED OF RECORDS OF BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED AT: 6301 BROADWAY STREET, PEARLAND TEXAS). (ZONE CHANGE APPLICATION NO. 2010 -03Z), FROM PLANNED DEVELOPMENT DISTRICT (PD) TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE REQUEST OF CROWN WAREHOUSE SERVICES, APPLICANT AND OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Crown Warehouse Services, applicant and owner, filed an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a change in the zoning district, 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 more graphically depicted in the location map attached hereto and made a part hereof for all purposes as Exhibit °B and WHEREAS, on the 16th day of August 2010, 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 hereto and made a part hereof for all purposes as Exhibit "C said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and ORDINANCE NO. 200OM -72 WHEREAS, on the 16th day of August 2010, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Crown Warehouse Services, applicant for and owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Planned Development District (PD), to General Business Retail District (GB) said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D 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 September 13, 20010; 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 Crown Warehouse Services, applicant and 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: Section I. The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as to Planned Development District (PD), is hereby zoned to General Business Retail District (GB), in accordance with all conditions and requirements of the current Unified Development Code and incorporated for all purposes, such property being more particularly described as: Page 2 of 4 Ord. No 2000M -72 Approximately 3.0 Acre Tract of land out of a 10 Acre Tract, a residue of D. H, Stripling12.000 Acre Tract recorded Volume 868, Page 239 of the Brazoria County Deed Records. All being part of the South 99 Acres of the H.T. B. R. R. Co. Survey, Sec. 7, A -219 as recorded in Volume 595, Page 63 of the Deed of Records of Brazoria County, Texas (Generally located at: 6301 Broadway Street, Pearland Texas). Section 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. Section 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. Section 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. Section 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. Section VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Zoning District Map of the City, pursuant to the provisions of Section 2.3.2.2 of Ordinance No. 2000 -T and consistent with the approval herein granted for the reclassification of the herein above described property. Page 3 of 4 Ord. No 200OM -72 ORDINANCE NO. 200OM -72 Section VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 13h day of September, 2010. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of 2010. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord. No 200OM -72 Exhibit "A" Application Ordinance No. 200OM -72 ZONE CHANGE APPLICATION Page 1 of 4 Updated ApM 20 10) City of Pearland A PPLICATION C O R Community Development r 3523 Liberty Drive A CHANGE IN ZONING Pear d, Tex(Community as Center 77581 281-652-1768 281- 652 -1702 fax annNw.ci tyofpearland.com Current Zoning District: P­T Proposed Zoning District: &15 Property Information: Address or General Location of Property: &y O f BCO WO Tax Account No. b )-1 q 6U J s 1 o-b Subdivision; Lot: Block: A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME L lt1 Vvltl,IGJIC�a�C_ ADDRESS /WkyrC -tfNJ CITY J STATE R ZIP _Z76 PHONE( oe 33�2 43f rtaDl FAX( f 502q�J Fte (ail ��s��tn5t E -MAIL ADDRESS h MtLrphy 002 corlcas .net APPLICANTIAGENT INFORMATION: NAME 50Yll. ADDRESS CITY STATE ZIP FAX( E -MAIL ADDRESS 'Property owner must be the current owner of the property at the time of submittal of the application, and not the party that has the property under contract. As owner and applicant, I hereby request approval of the above described request as provided for by the Unified Developrpent Code Qf the City of Pearland. Owner's Signature: Agent's/Applicant's Signature Date. //"t// Date: r 0 OFFICE USE ONLY: PAID: 7 �'C;2 1 BY �l CQ NUMBER: J 'Aoolication No. ZONE CHANGE APPL'CATION Page 2 of 4 "updated April 2010) APPLICATION CHECKLIST FOR THE FOLLOWING Zone Ganges Planned Development Districts (PC) Application, filled out completely, and signed by the owner of the property to be considered for the conditional use permit.. Kj I f the applicant is the designated agent, the application shall include a written statement from the property owner authorizing the agent to file the application on his behalf. Section 1.2.1.1 (a) of the Unified Development Code. Metes and Bounds Description, (Survey, or a Plat of the property that provides or contains the metes and bounds description). Parcel map, printed from the City of Pearland website, indicating the location and boundaries of the subject property. Letter of Intent, explaining the zone charge request in detail and why the z oni ng p 0 g q y z n ng rs being requested to be changed, and state the uses being proposed *Letter of Intent is not required for a PD. Oa application fee, as determined below, by cash, check made payable to the City of Pearland, or credit card (Visa and MasterCard only) Zero (0) to less than 25 acres: o 250.00, plus $25.00 per each type of zoning district requested; or o 400.00 if requesting a Planned Development (PD) 25 to less than 50 acres: o 300.00, plus $25.00 per each type of zoning district requested; or o 450.00 if requesting a Planned Development (PD) 50 to less than 75 acres: o 350.00, plus $25.00 per each type of zoning district requested; or o 500.00 if requesting a Planned Development (PD) 75 to less than 100 acres; o 400.00, plus $25.00 per each type of zoning district requested; or o 550.00 if requesting a Planned Development (PD) 100 acres and above: u 450.00, plus $25.00 per each type of zoning district requested; or o 600.00 if requesting a Planned Development (PD) ft HF2 (either emailed or on a CD) (see PD Format for guidelines on how to prepare the PD). ZONE CHAJNGE APPUCATloN Page 3 of 4 Updated April 2010) /'Acknowledgement of the sign to be posted on the property 10 days prior to the public hearing. Provide evidence or proof that all taxes and obligations have been paid regarding the subject property. L Application packets that are not complete will not be accepted. When a completed application packet has been accepted and reviewed, additional information may be required by staff as a result of the review, it may be necessary to postpone the proposed CUP /Zone Change and remove it from the scheduled agenda and place it on a future agenda date according to Section 1.2.1.2. of the Unified Development Code. 7 //V/O Additional Information: It Upon making an application for a zoning change or conditional use permit, the applicant shall place sign(s) as required. The City shall inspect such sign(s) to ensure compliance as required by the UDC. After the zoning change or conditional use permit request is approved by the City Council, denied by the City Council, or withdrawn by the applicant, the applicant shall remove the sign from the area of the request within ten (14) days of such event. It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a zoning change or conditional use permit has been requested. In the event the applicant shall fail to erect and /or maintain signs in accordance with this section, then the public hearing before the Planning and Zoning Commission /City Council shall be postponed to a date in the future, which would allow time for compliance. The erection of any sign required by this section shall not require a permit under Section 4.1.2.6 of this UDC. The owner or applicant shall promptly notify the Planning Department of any sign required by this section, which becomes lost, stolen or vandalized. The Planning and Zoning Commission shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of lost, stolen or vandalized signs. July 13, 2010 City of Pearland Community Development 3523 Liberty Drive Pearland, TX 77581 RE: Application for a Change in Zoning 6301 Broadway, Pearland, TX 77581 Prior to November, 2009, the above referenced address was leased to Botanical Landscape Design. At some point in the past, the zoning designation was changed to accommodate a landscape business. In mid November, 2009, Botanical Landscape Design vacated the property. As the property owner, it is hereby requested that the zoning for the property located at 6301 Broadway be changed from a "PD" designation to "GB" and /or "GC." A change in the zoning designation will allow the property owner to lease the property to a variety of businesses that meet the "GB /GC" definition. At the present time, the property owner has a potential tenant that is seriously interested in relocating her business into the building. The potential tenant is a fine arts studio (sing and play). To accommodate this type of business, a zoning change is necessary. I have attached the following documents pursuant to the Application Checklist: Application for a Change in Zoning Metes and Bounds Description Marcel Map Application Fee Acknowledgement of Public Hearing Sign Receipt for Paid Property Taxes 2009 Should you require any further information, please do not hesitate to contact the undersigned. S ncerely, Nancy M phy Crown Warehouse Se ice, Inc. 7915 Montglen Houston, TX 77061 832- 434 -5201 REVISED July 23, 2010 July 13, 2010 City of Pearland Community Development 3523 Liberty Drive Pearland, TX 77581 RE: Application for a Change in Zoning 6301 Broadway. Pearland, TX 77581 t Prior to November, 2009, the above referenced address was leased to Botanical Landscape Design. At some point in the past, the zoning designation was changed to accommodate a landscape business. In mid- November, 2009, Botanical Landscape Design vacated the property. As the property owner, it is hereby requested that the zoning for the property located at 6301 Broadway be changed from a "PD" designation to "GB." A change in the zoning designation will allow the property owner to lease the property to a variety of businesses that meet the "GB" definition. At the present time, the property owner has a potential tenant that is seriously interested in relocating her business into the building. The potential tenant is a fine arts studio (sing and play). To accommodate this type of business, a zoning change is necessary. I have attached the following documents pursuant to the Application Checklist: Application for a Change in Zoning Metes and Bounds Description Parcel Map Application Fee Acknowledgement of Public Hearing Sign Receipt for Paid Property Taxes 2009 Should you require any further information, please do not hesitate to contact the undersigned. Sincerely, Nancy Murphy Crown Warehouse Service, Inc. 7915 Montglen Houston, TX 77061 832 434 -5201 ZONE CHANGE APPLICATION Page 4 of Updated April 20 10) POSTING OF ZONING NOTIFICATION SIGNS ON PROPERTY UNDER CONSIDERATION FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT) Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP), or a variance shall be required to erect and maintain a sign(s), to be inspected by the City, upon the property for which a variance or zoning change has been requested. Such sign(s) shail be located as follows: (1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting street, or as determined by the City. (2) So as to be clearly visible and readable from the public right -of -way and not obstructed in any manner. (3) So as not to create a hazard to traffic on the public rights -of -way abutting the property. (4) On the subject property at least ten (14) days prior to the hearing of such zoning change request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant. Removal of the sign by the applicant prior to a recommendation by the Planning and Zoning Commission and /or a final decision by the City Council shall constitute a withdrawal of the request. (5) The signs shall be as follows: A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4 feet At least 2 feet above the ground Blue or black lettering that is a minimum of 3 inches by 1/2 inch, on a white background Message content as follows:. PROPOSED SPECIFY REQUEST Contact City of Pearland 281 652 -1768 *Signs must be professionally made; handwritten signs are not allowed. *Signs must be freestanding and cannot be attached to a tree, fence, or building. 1 .61 i 1 :1.mer. E. Croon, Surveyor 6402 Acorn forest, Houston, 'Texas 77088 Off. 466 -0958 u Date: January 3, 1978 FIELD NOTES: For a 3.000 Acre Tract of hind out of a 10.000 Acre Tract, a residue of D. H. Stripling, 12.000 Acre Tract recorded in Volume 868, Page 239 of the 13razoria Cotaity Deed Records. All being a part of the South 99 Acres of the I€.T.� B.R.Ii. Co. Survey, Sec, 7, A 219 as recorded In tilolurne 595, Page 63 of the Deed Records of 13razori.a Cowlty, Texas. Being more particularly described by metes and bounds as follows to -wit. BEGINNING: At a h" iron rocs fotuid in the Norl_h. Right-Of-Way of F.M. 518, the Southeast corer of the 10.000 Acre Tract, the same being the Southeast corner of this Tract. THENCE: N 89 40' 00" W, 187.17 feet with the North Right -Of- -Way of F.M. S18 to a iron rod set for the Southwest corner of this Tract. In the South property line of the 10.000 Acre Tract. THENCE: North, 698.20 feet, severing the 7.0.000 Acre Tract, to a iron rod set for the Northwest corner of this Tract. '1TIDICE: S 83 40' 00" 1., 187.17 feet to a -z" iron rod set the East pro- perty Dine of the 10.000 Acre Tract, the Northeast corner of this Tract. ITIENCF.: South, 698.20 feet, with the East property line of the 10.000 Acre Tract, the same being the East liiie of this 'Tract to the place of beginning. Containing 3.000 Acres of land. SL113<TECT TO: A 5.0 Boot utility easement to 1f.I..& P. Co. record in V01LllRe 920, Page 534 of The Brazoria County Deed Records. 1, Elmer E. Coon, a Texas Registered Public Surveeor, Registration Number 1679, do hereby certif=y that I performed a true and accurate survey on the groLmd and set the necessary property pins, to establish said tract on this 26th day of December, 1977. I further certify that there are no encroachments either way across any property lanes at this time. f Elmer E. Coon Texas Registered Public Surveyor Texas Registration No. 1679 Brazoria CAD Property Details Property Search Results 5 164487 CROWN WAREHOUSE SERVICE IN for Year 2009 Property Account Property ID: 164487 Legal Description: A0219 H T B R R, TRACT 36 H2, ACRES 3.0100 Geographic ID: 0219 -0038 -120 Agent Code: 10:304 Type: Real Taxable Value Location CAD BRAZORIA COUNTY 0.000000 Address: 6301 BROADWAY FM 518 Maps= APPRAISAL DISTRICT AEARLANEI, Neighborhood: Map ID: Neighborhood CD: 3536,510 $536,510 Owner DR4 BRAZORIA COUNTY 0.143845 Name: CROWN WAREHOUSE SERVICE IN Owner ID: 32682 Mailing Address. 7919 MONTGLIEN ST Ownership: 100.0000000000% HOUSTON, TX 77061 -1319 (PEARLAND) Exemptions: Values Improvement Homesite Value: Improvement Non- Hcmesite Value: Land Homesite Value: Land Non- Homesite Value: Agricultural Market Valuation: Timber Market Valuation: Market Value: Ag or Timber Use Value Reduction: Appraised Value: HS Cap: )Assessed Value: Taxing Jurisdiction Owner: CROWN WAREHOUSE SERVICE IN Ownership: 100.0000000000% Total Value: $536,510 $0 $104,470 $0 $432,040 Ag 1 Timber Use Value $0 $0 $0 $0 $0 $536,510 $0 $536,510 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD BRAZORIA COUNTY 0.000000 $536,510 $536,510 $0.00 APPRAISAL DISTRICT CPI. CITY OF PEARLAND 0.652600 3536,510 $536,510 $3,501.27 DR4 BRAZORIA COUNTY 0.143845 $536,510 $536,510 $771.74 DRAINAGE DISTRICT tN4 (PEARLAND) GBC BRAZORIA COUNTY 0.366286 $536,510 $536,510 $1,965.17 RDB ROAD BRIDGE FUND 0.060000 $536,510 $536,510 $321.91 SPL PEARLAND INDEPENDENT 1.419400 $536,510 $536,510 $7,615.22 SCHOOL DISTRICT Total Tax Rate: 2,642131 Taxes w /Current Exemotions: $14.175.31 Taxes w10 Exemptions: $14,175.30 improvement 1 Building http /propaccess.trdealLtOmation. con /C€ietitDB/Property.aspx ?prop id =164487 Page l of 2 7/11/2010 Brazoria CAD Property Details Improvement #1; Commercial State Code: F1 Living Area: 6250.0 sq2 Value: $79,930 Type Description Class CD Exterior ~Nall Year Built SQFT 406 STOi3AGE WAREHOUSE S 1978 6250.0 Improvement #2: Misc Imp State Code: F1 Living Area: sgft Value: $24,240 Type Description Class CD Exterior Wall Year Built SQFT YPA1 ASPHALT PAVING 1 2003 15144.0 Improvement #3: Commercial State Code: F1 Living Area: sgfi Value: $250 Land Type Description Acres Sqft Eff Front Eff !Depth Market Value Prod. Value 1 81 PRIMARY SITE 3.0000 130680.00 0.00 0.00 $432,040 $0 Roll Value 'History Year Improvements Land Market Ag Valuation Appraised H$ Cap Assessed 2010 $82,320 $413,820 0 496,140 $0 $496,140 2009 $104,470 $432,040 0 536,510 $0 $536,510 2008 $67,900 $432,040 0 500,000 $0 $500,000 2007 $67,960 $432,040 0 500,000 $0 $800,000 2005 967,960 $432,040 0 500,000 $0 $500,000 2005 $110,170 $392,040 0 502,210 $0 $502,210 2004 $63,490 $392,040 0 455,530 $0 $455,530 2003 $54,950 $261,360 0 316,310 $0 $316,310 2002 $51,850 $174,240 0 226,090 $0 $226,090 2001 $51,850 $174,240 0 226,090 $0 $226,090 Deed History (Last 3 Deed Transactions) Deed Date Website version: 1.2.2.2 Type Description Grantor Grantee Voiumc Page Questions Please Call (979) 849 -7792 Page 2 of 2 Database last updated on: 611 7/201 0 9:19 PM Q 2010 True Automation, Inc All Rights Reserved. Privacy Notice This site only supports Internet Explorer 6 Netscape 7+ and Firefox 1.5 littp:// propaccess. trtteatitomaLion .conirClieiiiDB/Property.aspx ?prop id 164487 7/11/20 t 0 03/19/2033 20:40 19733541346 PACE 01/01 DUPLICATU TAX RECIEIFT r RO"v'M 1iARRZTT, RTA BRAZt71Z7A COUNTY T AX AMSSOR COLLECTOR 7 J i E. LOCUST ANON ETON, TEXAS 77SI S Certified Owner: Legal Do4criptiont SERVICE 11.021914 T B R k TF Air 361!7, ACRES 3.0 CR0"GYV WAREHOUSE SF, IN 7919 MONTGLENI ST no FIOUSTON,T,Y 77061 -1319 Parcel AddrecS: 6301 BROADWAY Legal Acres: IMPO Remit Sag No: 15112328 Raeelpl 12/3112009 00PON Y b6: 91090on4 Deposit Date: 01r'062610 Validation le: 1409 Film Dn #c: 07112f1010 A ccount No: 0219-0038-120 UpeAtar cada: $AND Year Tax Vitit Ntima Tax Value Tax RnW Levy Pnid P&I CA pm Pair.! Tow 2009 13Tazoria Coil nty 536,510 0.M6296 1;p65.16t 0,00 0.00 1,965.16 2009 Special Road 3ridg4 536,510 0.0601100 321.91 0.00 0.00 321.91 2009 PearlandEsd 336,510 1.419400 7,615.22 0.00 0.00 7,615.22 2009 13razorin Drainage Dist 4 536,510 0,143845 771.74 0.00 0A) 771.74 m c ityoepcarl:tn(l 536,510 0.652600 3,501.26 0.00 0.00 3,50!.26 814475,29 $0 .00 30.00 $14,175.29 Clsecic Ntlmherds): PAYMENT TYPE: 014414 Checks: 514,175.29 Px< Fnrptions ml tJtis n rnacrta: Total Ap,plled: $14,175,29 Change Paid: .60.00 ACCOUrNT PAID IN FULL P AYF.R t CRONVY WAREHOUSE SERVICE 791 MONTOl EN S'C HOUSTON, TX 77061 -1319 Pago 1 of 1 21 .1.131 Exhibit "E3" Location Map Ordinance No. 2000M -72 I 0 ABUTTING PROPERTIES I ni D l gR0ADWAY Sr c i Wt st OAKS s 49EgAwltST m "T E VICINTY MAP T ZONE CHANGE NO. 2010 -03Z NORTH 6301 BROADWAY AFFIDAVIT OF PURL Exhibit "C Publications Ordinance No. 2000M -72 The Pearland Reporter News 2404 South Park Pearland, Texas 77581 Mate of Texas 3razoria and Harris Counties Lloyd Morrow, hereby certify that the notice hereby appended was published THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris ind Galveston Counties, for I issues, as follows: No. Date 20 _L0 No. Date 20 No. Date 20 No. Date 20 No. Date 20 CFO 'e :)Ubscribe and sworn to before me this_ day of a 7 i 3Q /0 /1 emy !.AURA ANN EM"ra Notary Public. State of Texas c(HT missipR Expires $404k' illn n Emmons, Publisher u bl ic, State of Texas �'—On­e_ Cv 'f *Q20-0, Published July 28, 2010 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COM- MISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLI- CATION NO. 2010 -03Z Notice is hereby given that on August 16, 2010, 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 Councii Chambers of City Hall, located at 3519 Liberty Drive. Pearland, Texas. on the request of Crown Warehouse Service Inc, applicant and owner, for approval of a zone change from Botanical Landscape Design Planned Development (PD) Zoning District to General Business (GB) Zoning District, on the following described property, to wit: Acre Traci, a residue of 0. H, Slfiplingl2.000 Acre Tract recorded Volume 866, Page 239 of the Brazoria County Deed Records. All being part of the South 99 Acres of the H.T. B. R. R. Co. Survey, Sec. 7, A -219 as recorded in Volume 595, Page 63 of the Deed of Records of Brazoria County, Texas (Generally located at'. 6301 Broadway Street, Pearland Texas). At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. Angela Gantuah Senior Planner Approximately 3.0 Acre Tract of land out of a 10 Exhibit °D" P &Z Recommendation Letter Ordinance No 200OM -72 Planning &Zoning Commission Recommendation Letter August 17, 2010 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change No. 2010 -03Z Honorable Mayor and City Council Members: At their meeting of August 16, 2010, the Planning and Zoning Commission considered the following: Request of Crown Warehouse Service Inc, applicant and owner, for approval of a zone change from Botanical Landscape Design Planned Development (PD) Zoning District to General Business (GB) Zoning District, on the following described property, to wit: LEGAL DESCRIPTION: Approximately 3.0 Acre Tract of land out of a 10 Acre Tract, a residue of D. H, Stripling12.000 Acre Tract recorded Volume 868, Page 239 of the Brazoria County Deed Records. All being part of the South 99 Acres of the H.T. B. R. R. Co. Survey, Sec. 7, A -219 as recorded in Volume 595, Page 63 of the Deed of Records of Brazoria County, Texas GENERAL LOCATION: 6301 Broadway St. At the regular Planning and Zoning meeting of August 16, 2010, Vice Chairperson Ron Capehart made a motion to approve the Zone Change 2010- 032 as presented by the applicant, and Commissioner Darrell Diggs seconded the motion. After some discussion the motion was voted on, and the motion was approved 6 -1. Commissioner Henry Fuertes voted in opposition. The Planning and Zoning Commission recommended Approval of the Zone Change No. 2010 03Z. Sincerely, Ian Clowes, Planner On behalf of the Planning and Zoning Commission Page 1