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Ord. 2000M-0093 2012-11-26 ORDINANCE NO. 2000M-93 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 THE HEREIN DESCRIBED 20.3 ACRES, MORE OR LESS, BEING GENERALLY LOCATED IN SECTION 80, J. S. TALMAGE SURVEY ABSTRACT 564, BRAZORIA COUNTY, TEXAS; THE SOUTH LINE BEING ALONG THE SOUTH LINE OF LOT 2, SECTION 80, J. S. TALMAGE SURVEY, ABSTRACT 564 ACCORDING TO THE PLAT THEREOF AS FILED IN VOLUME 2, PAGE 98 BRAZORIA COUNTY PLAT RECORDS; THE WEST LINE BEING THE EAST LINE OF CITY OF PEARLAND ORDINANCE NO. 1035; THE NORTH LINE BEING THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 92 AND THE EXTENSION OF CITY OF PEARLAND ORDINANCE 924 AND THE EAST LINE BEING THE WEST LINE OF CITY OF PEARLAND ORDINANCE NO 924; ALL THAT CERTAIN 20.3 ACRES, MORE OR LESS, ANNEXED INTO THE CITY OF PEARLAND BY PEARLAND ORDINANCE 1465 AND BEING ALL OF LOTS 1 & 2, SECTION 80, J. S. TALMAGE SURVEY, ABSTRACT 564. (LOCATED AT THE SOUTHEAST CORNER OF BROADWAY/KINGSLEY PEARLAND, TEXAS), ZONE CHANGE 2012-12Z, A REQUEST OF KERRY GILBERT & ASSOCIATES, APPLICANT, ON BEHALF OF BELTWAY 23, LTD., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE SUBURBAN DEVELOPMENT (SD) ZONE TO THE PLANNED DEVELOPMENT (PD) ZONE, 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, Kerry Gilbert & Associates, applicant, on behalf of Beltway 23, Ltd. 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 from Suburban Development (SD) zone to the Planned Development (PD) zone; 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 vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 15th day of October, 2012, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of ORDINANCE NO. 2000M-93 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 WHEREAS, on the 15th day of October, 2012, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed zone change application of Kerry Gilbert & Associates, applicant, on behalf of Beltway 23, Ltd., owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Suburban Development (SD) zone to the Planned Development (PD) zone, 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, City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meeting(s) on the 12th day of November, 2012 and; 26th day of November 2012; 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 Kerry Gilbert & Associates, applicant, on behalf of Beltway 23, Ltd., owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, Page 2 of 5 Ord No 2000M-93 ORDINANCE NO. 2000M-93 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 Suburban Development (SD) zone to the Planned Development (PD) zone, 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: The herein described 20.3 acres, more or less, being generally located in Section 80, J. S. Talmage Survey Abstract 564, Brazoria County, Texas; the south line being along the south line of Lot 2, Section 80, J. S. Talmage Survey, Abstract 564 according to the plat thereof as filed in Volume 2, Page 98 Brazoria County Plat Records; the west line being the east line of City of Pearland Ordinance No. 1035; the north line being the south right-of-way line of County Road 92 and the extension of City of Pearland Ordinance 924 and the east line being the west line of City of Pearland Ordinance No 924; All that certain 20.3 acres, more or less, annexed into the City of Pearland by Pearland Ordinance 1465 and being all of Lots 1 & 2, Section 80, J. S. Talmage Survey, Abstract 564. General Location: Southeast corner Broadway/Kingsley 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. Page 3 of 5 Ord No 2000M-93 ORDINANCE NO. 2000M-93 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. 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 12th day of November, 2012. Denyg TOM REID MAYOR ATTEST: taG M 1' ► j5;.1 Y S r RETAR /\ Page 4 of 5 Ord No 2000M-93 ORDINANCE NO. 2000M-93 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of November, 2012. Clyn.) iP TOM REID MAYOR ATTEST: Jr�_ iii i& a° � Y.47 G Lei FI , '17-C / C110 SE ETARY `" 4\ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Page 5 of 5 Ord No 2000M-93 Exhibit"A" 89113/2812 08:52 7139771311 CAPS Ord. No. 2000M-93 ZONE G .O NPANiotE WNW Asa ONE • r°s orPeartwitd C APPLICATION FOB! ` ` .- T, Ckhre A CHANGE IN ZONING Peerte4 Tom rew 768 2814f114/172 fix wervtrdtyc ntcrxn *went Zoning District eat in ig District , ,, . . Property bbntratiorrt , Address or amoral Lomax' er Property; 5p44.4-41.445+ �t"t er ct- Tex McouratNo. P . G► 0031P 000 eteetot PM, *ter - oce Stt A complete application must htclude all Information shown on Appacatirmehackfttatischetto the + y . .a, , .,t. • �. __ . PROPINTY OMER NFORMAT is APPLWA1417AGENT INFORMA/KM: J i � s NAM a � • 4. tt'Y ti° . A ; .P 1/7QUir, cv i. STATE 'Pr stiot Pry�5 ) " 42- a { 4, FAx(11i31 11— 1311 FAQ 2 011147—gio 12 slitAL ••"•-1", I*19G ir!' "' ►O 44..,'Tel' ,, .. ..Will t►,.r;M;+.: r.aat i A +n4,I, !'P7 'Property comet num be the c carrot timer Odle PoNANY at 5*thwe-.. of stenag of the aPPlicidan.end not the Petty Out hasetspoped4.tom. As owe.veld by the Unified Devekt n.I hereby approval of the above described request as provided for ., the City of PeaMmd. s!Aymara: "a. " 1- '0 ; It i, /'' Agintoppumirs i A .... ., _ ,,,,4 4.11 1 i(17. 9 ^i 4j T i t September 14,2012 Lata Krishnarao,Director PI 4,0 0! DeparMient 3523 Liberty Drive Pearland,Texas 77581 RE:Rezone application request—owner authorization Dew 1Ata, 1,Peter Tsou,Beltway 23,Ltd.,owner of the 18.1 acres of property located at the southeast corner of Kingsley Road and Broadway do authorize Kerry R.Gilbert& Assoc.'12C.to be our agent in our application to rezone the subject tract Sincerely, Peter Tsou Beltway 23,Ltd, 1 1 1 ZONE CHANGE APPLICATION Page 4 of 5 Updated June 2010) 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)shall 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 (10) 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 Pear land 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. G1/1/ 1 el, 1/41 141 C1/04D4Mil \OWL 1):b L Introduction A. Description of Property The subject site is located at the southeast corner of Broadway (C8 92) and Kingsley (CR 48) and eocoozpaeaeolQ.l acres ofland. the o�einvocunt 7hya�e-was � originally 2Oecresbowcvwr; dedicodomof}aodfnrBroadwey (CR 92) and Kingsley (CR 48) have reduced the size of the site. Refer to Exhibit A-Location Map. B. D of The location of this project at the intersection of two major thoroughfares and lends itself for commercial, retail, and office development. There are a variety of possible uses for each tract, including small pad sites (banks restaurants, gas station/convenience store, etc.), an office building or small retail center The detention for the site will be provided by the detention facility along the southern boundary. Approximately 1.5 acres of land will be combined with the adjacent existing detention to the south in the Southern Trails Development making a larger detention facility. The existing amenities associated with the current detention facility in Southern Trails will remain. The subject tract is located within the Brazoria County MUD #34 which will provide utilities to the site Refer to Exhibit B-Site Location and Surrounding Uses. C. Describe the area of land in acreage and legal description Refer to Exhibit D—Survey and metes & bounds description. D. Statement as to the purpose and intent of the PD The intent of this PD is to allow flexibility of uses with the commercial, retail, and office land uses within the project. II. Zoning and Land Uses A. Describe existing zoning district surrounding the site The site is zoned SD. The surrounding uses are as follows: North: Shadow Creek Ranch PUD (commercial and multi-family uses) West: Southern Trails PUD (commercial and single-family uses) South: Southern Trails PUD (single-family residential use), East: Southern Trails FUD (single-family residential use) B. Describe the acreage difference between the Base Zoning and proposed district The base zoning and proposed district is GB (General Business). C. General standards applicable to project The standards applicable to the project are the GB (General Business) standards plus additional landscape buffer and building height standards stated in this document. D. Land uses Allowed and Prohibited The intent of the PD is to allow for a variety of land uses, including a mix of commercial, office, retail and restaurants that are compatible to residential use. All permitted and conditional uses listed for GB in the UDC Land Use Matrix are allowed in addition to a gas station/convenience store/auto wash (self-serve), except the prohibited uses listed below. Prohibited Boarding or rooming House Commercial Amusement, (outdoor) Country Club, Private Golf Course Dinner Theater Fairgrounds/rodeo grounds Gaming Establishment Auto Glass/Repair/Tinting Auto Interior Shop/Upholstry Auto Rental Auto Repair (major or minor) Auto Sales (new or used car lot) Auto Wash (Full Service) Commercial Transit Terminal Office -Parole-Probation, Bail Bonds Animal Clinic, Veterinarian (with outside pens) Bed & Breakfast Inn Extended Stay Hotel/Motel Rehabilitation Care Facility (Halfway House) Rehabilitation Care Institution (Commercial) Antique Shop (with outside storage) Bakery, (wholesale) Market-Open Air (Flea Market) Stone Monuments (Retail only) Sign Shop Auction House Fraternal Organization Fraternity or Sorority Home for Alcoholic, Narcotic or Psychiatric Patients Hospital (non-profit or for profit) Mortuary/Cemetery Sheltered Care Facility Electrical Substation Gas Transmission and metering station Telephone exchange switching relay and transmitting equipment Utility Shops or storage, Yards, and Building Cannery, wholesale Dance hall or night club Railroad, bus, light rail passenger station Upholstery Business with outside storage Airport & Heliport/Helipad &for landing field Animal processing Asphalt or Asphalt/concrete hatching plant All-terrain vehicle sales Auto Part sales (indoor and outdoor) Auto Wash (self service) Ambulance service Check cashing service 2 Laundromat(self service) Propane Sales Wholesale Trade(non-durable goods) Commercial extraction of Soil, Sand and Gravel or similar material Outside Storage Petroleum or petroleum product extraction 111,Design Standards A.Design Standards , 1. Landscape Buffer: There shall be a 25' wide landscape buffer along the eastern boundary of the subject site adjacent to the single-family residential. The buffer shall remain open and unobstructed (i.e., no parking, driveways, or other use)and shall be planted with ground cover, shrubs and trees. The landscape buffer may be located within the required yard/setback area. Landscape elements permitted shall consist of shrubbery having year round foliage, that is at least seventy-five percent (75%)opaque and that is a minimum of six feet(6')in height at planting. 2. Building Height: Per the exhibit below, the height of any building adjacent to the eastern boundary of the subject tract will be restricted. M / ' I auLattiosi • '1 4 4#4 0 14 r4 0 0 I/4 0, i 4010011 4101#° i 0 I t t 1 40 I, 20*WI.SMACK I 1 0 3. Sidewalks:Six (6)foot sidewalks are required along Kingsley Road and along Broadway. 4. Gas Station site A gas station/convenience store/self-serve auto wash is planned for ±2 acres at the corner. Exhibit C-Concept Plan, depicts the design of the facility. B. Specific list of deviations. Prohibiting certain land uses that otherwise are allowed in GB. The list of prohibited land uses is shown above. • 3 C. All requirements of the Unified Development Code will be met, unless specifically mentioned in this document IV.Required dedications of land or public improvements This development is primarily commercial, retail and office and therefore no dedication to parkland required. V. Exhibits A—Location Map B—Site Location and Surrounding Uses C—Concept Plan D—Survey,metes & bounds description 4 EXHIBIT"A" METES AND BOUNDS DESCRIPTION 20.3 ACRES MORE OR LESS OUT OF J.S.TALMAGE SURVEY,ABSTRACT 564 BRAZORIA COUNTY,TEXAS The herein described 20.3 acres, more or less, being generally located in Section 80, J. S. Talmage Survey,Abstract 564,Brazoria County,Texas;the south line being along the south line of Lot 2,Section 80,J. S. Talmage Survey, Abstract 564 according to the plat thereof as filed in Volume 2, Page 98 Brazoria County Plat Records;the west line being the east line of City of Pearland Ordinance No. 1035; the north line being the south right-of-way line of County Road 92 and the extension of City of Pau-land Ordinance No.924 and the east line being the west line of City of Pearland Ordinance No 924; All that certain 20.3 acres,more or less,to be annexed into the City of Pearland and being all of Lots 1 & 2, Section 80,J. S. Talmage Survey, Abstract 564 and being more particularly described by metes and bounds as follows; Commencing at a point marking the common corner of Abstracts 305,565, 564 and 538 and being the intersection of County Road 92(Broadway)and County Road 48(Kingsley Drive); Thence Southerly— 20' with the common line of said Abstract 538 and Abstract 564 to a point marking the POINT OF BEGINNING of herein described tract; . Thence Easterly—910',more or less,with the south of City of Pearland Ordinance No.880 to a point for corner marking the most northerly northwest corner of City of Pearland Ordinance No.924; 2. Thence Southerly — 970', more or less, with the east line of said Lots 1 and 2, Section 80, J. S. Talmage Survey,Abstract 564 and the west line of City of Pearland Ordinance No.924 to a point for corner; 3. Thence Westerly—910', more or less, with the south line of said Lot 2,Section 80 and continuing with the most westerly north line of said City of Pearland Ordinance No.924 to a point for corner, 4. Thence Northerly—970',more or less,with the east line of said City of Pearland Ordinance No. 1035 to the POINT OF BEGINNING and containing 20.3 acres of land more or less "This document was prepared under 22 TAC 663.21,does not reflect the results of an on the ground survey,and is not be used to convey or establish interest in real property except those right and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." This metes and bounds description is accompanied by a separate plat,drawing or exhibit per Texas Board of Professional Land Surveyor's"General Rules of Procedures and Practices"Section 663.19(9). Compiled by: C.L.Davis' &Company _ 8 Job Number 11-421-141 Annexation-Beltway-23 M&B.doc "4..* 4 . 02-09-2012 * 4434 .„ It,•40 su • 11-421441 Anncation-Se1imay-23 M&B.dou Exhibit "B" Ord. No. 2000M-93 r, r tr.. � ltL?� :...• r'-r r t t ?EiR1FiPLf u,t,,,„0,S”TatmttH tKl:,'tt3. ttn r.-- �,,,vmttl l., mu.,,,,,, __ 'gin + #wttn rottitsina 8 2 Z '.H;Sts., lute ectu+5te+•T uuu:c t, "t'i{3,44i1(4'i4b: l nhty •.rN"' ,' '4-'.0 a;., ,`.. 0 4 _ } [ 4c n, .t „ as aasN33 ... • • , + I."' py� �t, 4 t�.f zt. �, i!t Itri' , � i t41-:.t 8 1 i : i _t.. . iW,I ?'y. # a E. 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'''' ,. __,- ! ,,,, I- N i ... f s 1.1„ - .i p . t a v t y a• , ditt,',„VirSA it;,.,, i 4i.„.t.,,. ,f , ,"I. i s. :i.bn Cnr KINGSLEY es' BROADWAY PD ± 18. 1 ACRES OF LAND BELTWAY A23, LTD. K x£RAr R_.GIlO EH#Y_i M3 S6ei3Yl:,SRC. lt�*7 Pkn.x+O�.SecAiS++�h —N- * 9artwA.4 i<ihE .MTawax T>s. 0..nZf. fc Yalb SJiFi213 OT 4 0 gjM `. au3At4w0 8 .,x 6G.n Wi phi. v. £ i wf FS F CrvJS GlT tr. w i$p a 1AP;:) 3.4t+BfAAV R..v F.iFR.i xhxa....a.fa.Irv...nu a.)w.x A£xEmrta i n 0! ovsto ? i E. aq .,1 ir, 3 ax4,3 V.i rgg. I r -t P° v11 . ;:liatIl. ,1..V 4.6' IZ 8i it 2aggif gi m- 1 x;t3 t 1 il Bet "gifli' i •, .Y ;Yg- li ZA '612 §2eiil !: rc 1 a ii, ._ ---,.......- t ;," i0 g-f:f.' q ,T,_. v,....,.. ... ,____ I i,.—--------1 L----1--- ----'\ \ ,1 —1 ) 11 7 / /',----------- --, / \V 4 -77-.---''''' S. , \_1 \\ ;LI, , cl -; • t,' tt ' ,,.. n It I. '' 1 s'-' , ' t / X' v s _ yen ow -.'V -, \\ ,.-. 7, 6 p 1 , ,0: Ald3H2POS 1 I t % i 4. V 1 z ■r I Si % . ,-_. ,, \ '` A - c-- III lis4, i ,\:41 f:Als i:; :till llit 1;1. ,,,,,,11 :, .,,,,•:: k- .1 -114.fa,, mret li ,., ,1 ; , ;,,...- t,,ii!.0 R 1 1:4, , t „ ii(ova?'3NIVIte 070) -------- 3AldO ' 9* ayod AINnoo A37S0NIX -7:-.=----'-'—'at"r" waaa=aO"."""" wsnllMN.r., , al , 11 "g 4"-O. ' -" - ' iiii z 1' ,I d/i,,,,, 1 r_or—?-4'-'-.-----,..'''' ,,-:// N *:S.t x g., , q 1 1g ' t- 1 0 f ', c...--— 1,k , . g ,,03, .,,8,,' : ti, , i 2 g2,m E u i 1 ',,, tct rt - I , 1Aitti ^ n PI -\ r li \oil tr;. ,ii 1 5.. 4b,;'), 4.4,.., \ 41 \ : ilt, ii. .,,,,,,..„, r , - _. 1 ---8-- -, ' 11 I , ----„, 1 t 1 i , 4., El :Is . N, 1 1 , 'O , _I ti i _ , ---,--------- ______-____, i ,,, ,,------, --- m ---1-, ,T 77-1-1-7-• ''' 5A\r-- 1- :----- Exhibit"C" Ord. No. 2000M-93 Published Sept. 26, 2012 LEGALS NOTICE OF A JOINT County,Texas;the south PUBLIC HEARING OF THE CITY COUNCIL line being along the AND THE PLANNING south line of Lot 2,Sec AND ZONING COM- tion 80, J. S. Talmage MISSION OF THE CITY Survey, Abstract 564 OF PEARLAND, according to the plat TEXAS thereof as filed in Volume 2, Page 98 ZONE CHANGE APPLI- Brazoria County Plat CATION NO.2012.122 Records; the west line being the east line of Notice is hereby given City of Pearland Ordi that on October 15, nance No. 1035; the 2012, at 6:30 p.m., the north line being the City Council and south right-of-way line of Planning and Zoning County Road 92 and the Commission of the City extension of City of of Pearland,in Brazoria, Pearland Ordinance 924 Harris and Fort Bend and the east line being Counties, Texas, will the west line of City of conduct a joint public Pearland Ordinance No hearing in the Council 924;All that certain 20.3 Chambers of City Hall, acres, more or less, located at 3519 Liberty annexed into the City of Drive, Pearland, Texas, Pearland by Pearland at the request of Kerry Ordinance 1465 and Gilbert & Associates, being all of Lots 1 &2, applicant, on behalf of Section 80, J. S. Beltway 23, Ltd.,owner, Talmage Survey, for approval of a zone Abstract 564. change from the General Location: Suburban Development Southeast corner (SD) zone to the Broadway/Kingsley, Planned Development Pearland,TX (PD) zone for 20.3 acres, more specifically At said hearing,all inter described as: ested parties shall have The herein described the right and opportunity 20.3 acres,more or less, to appear and be heard being generally located on the subject. For tion n Section 80, J. S. tional information, Talmage Survey please contact the Abstract 564, Brazoria Planning Department at 281-652-1768. Harold Ellis City Planner E ,2Cia- Id-2- 394_ lc-15'i2- AFFIDAVIT OF PUBLICATION Ord. No. 2000M-093 Exhibit "C" The Pearland Reporter News 2404 Park Avenue Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: Date (51%,,396 No. Date _ 20 No. Date 20 No. Date 20 .No. --_ Date 20 /1/74e1a4.5 CFO Subscribe and sworn to before me this 3/ day of 20 _a de, Laura Ann Emmons, Publisher Notary Public, State of Texas Ord. No. 2000M-093 Exhibit "C" LEGALS METES AND BOUNDS DESCRIPTION: The herein described 20.3 acres, more or less, being generally located in Section 80, J. S. Talmage Survey Abstract 564, Brazoria County,Texas;the south line being along the south line of Lot 2, Section 80, J. S. Talmage Survey, Abstract 564 according to the plat thereof as filed in Volume 2, Page 98 Brazoria County Plat Records; the west line being the east line of City of Pearland Ordinance No.1035;the north line being the south right-of-way line of County Road 92 and the extension of City of Pearland Ordinance 924 and the east line being the west line of City of Pearland Ordinance No 924;All that certain 20.3 acres, more or less, to be annexed into the City of Pearland and being all of Lots 1 & 2, Section Published May 30 & 80, J. S. Talmage June 6,2012 Survey,Abstract 564. PUBLIC NOTICE At said hearing,all inter- ested OF ested parties shall have the right and opportunity PUBLIC HEARING to appear and be heard ON ANNEXATION on the subject. For addi- Notice is hereby tional information, given public hearings will Planning Department at be held by the City 281-652-1768 Council of the City of Pearland, Texas, in the Harold Ellis Council Chambers, City City Planner Hall,3519 Liberty Drive, Pearland,Texas,at 6:30 This site is accessible to p.m. on June 11, 2012, disabled individuals. and June 18, 2012, for For special assistance, the purpose of consider- please call ing annexation into the YQldClg City limits property gen- prior to the meeting so io erally located at the that appropriate southeast intersection of arrangements can be Broadway and Kingsley made. Drive.The property con- sists of 20.3 acres of land further described as: Exhibit"D" Ord. No. 2000M-93 T E X A S zarr Plannin g & Zoning Commission Recommendation Letter October 17, 2012 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change 2012-12Z Honorable Mayor and City Council Members: At their meeting on October 15, 2012, the Planning and Zoning Commission considered the following: A request of Kerry Gilbert & Associates, applicant, on behalf of Beltway 23, Ltd., owner, for approval of a zone change from the Suburban Development (SD) zone to the Planned Development (PD) zone for 20.3 acres on the following described property: LEGAL DESCRIPTION: The herein described 20.3 acres, more or less, being generally located in Section 80, J. S. Talmage Survey Abstract 564, Brazoria County, Texas; the south line being along the south line of Lot 2, Section 80, J. S. Talmage Survey, Abstract 564 according to the plat thereof as filed in Volume 2, Page 98 Brazoria County Plat Records; the west line being the east line of City of Pearland Ordinance No. 1035; the north line being the south right-of-way line of County Road 92 and the extension of City of Pearland Ordinance 924 and the east line being the west line of City of Pearland Ordinance No 924; All that certain 20.3 acres, more or less, annexed into the City of Pearland by Pearland Ordinance 1465 and being all of Lots 1 & 2, Section 80, J. S. Talmage Survey, Abstract 564. GENERAL LOCATION: Southeast corner Broadway/Kingsley, Pearland, TX Following staff presentation, discussion ensued regarding how the proposed zone change would affect the existing retail node at the existing road intersection. Following this discussion, Commissioner Ginger McFadden made a motion to approve the zone change. The motion was seconded by Commissioner Matthew Hanks. The vote was 6-0 and the motion passed. Sincerely, Harold Ellis, City Planner On behalf of the Planning and Zoning Commission £ X(, ERE LI AS JOINT PUBLIC HEARING AGENDA ITEM • MEETING OF OCTOBER 15, 2012 Zone Change No. 2012-12Z A request of Kerry Gilbert & Associates, applicant, on behalf of Beltway 23, Ltd., owner, for approval of a zone change from the Suburban Development(SD)zone to the Planned Development (PD) zone for 20.3 acres, to wit: Legal Description: The herein described 20.3 acres, more or less, being generally located in Section 80, J. S. Talmage Survey Abstract 564, Brazoria County, Texas; the south line being along the south line of Lot 2, Section 80, J. S. Talmage Survey, Abstract 564 according to the plat thereof as filed in Volume 2, Page 98 Brazoria County Plat Records; the west line being the east line of City of Pearland Ordinance No. 1035; the north line being the south right-of-way line of County Road 92 and the extension of City of Pearland Ordinance 924 and the east line being the west line of City of Pearland Ordinance No 924; All that certain 20.3 acres, more or less, annexed into the City of Pearland by Pearland Ordinance 1465 and being all of Lots 1 & 2, Section 80, J. S. Talmage Survey, Abstract 564. General Location: Southeast corner Broadway/Kingsley, Pearland, TX APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: October 15, 2012* City Council for First Reading: November 12, 2012* City Council for Second Reading: November 26, 2012* (*dates subject to change) SUMMARY: Kerry Gilbert & Associates, applicant, on behalf of Beltway 23 Ltd, owner, is requesting approval of a zone change from Suburban Development (SD) zone, to Planned Development (PD) zone for 20.3 acres for the above referenced location. The property in question was formally annexed into the City of Pearland corporate limits by City Council on July 23, 2012. At that time, the Suburban Development (SD) zoning was applied to the property. JPH 10-15-12 Zone Change 2012-12Z Page 1 In August of this year, the applicant applied for a General Business (GB) zone change for the same property. At that time, a number of concerns were raised by nearby residents, Council, the Planning and Zoning Commission, and staff. These concerns were potentially incompatible uses allowed in the General Business (GB) zone, as well as adequate buffering between the proposed commercial uses and existing single- family residential homes. Following the Joint Public Hearing on August 2r of this year, the applicant withdrew the General Business (GB) request. The current Planned Development (PD) document submitted by the applicant appears to address the concerns listed above, with the exception of the following uses proposed to be allowed, which may not be compatible with nearby uses: 1. All-terrain vehicle sales 2. Auto part sales (indoor and outdoor) 3. Auto Wash (self service) 4. Ambulance service bu 5. Check cashing service 6. Laundromat (self service) 7. Propane sales 8. Wholesale trade (nondurable goods) 9. Commercial extraction of Soil, Sand and Gravel, or similar material 10.Outside storage 11.Petroleum or petroleum product extraction SURROUNDING ZONING AND LAND USES: Zoning Land Use North Planned Unit Development Vacant South Planned Unit Development Single-Family Residential East Planned Unit Development Single-Family Residential West Planned Unit Development Single-Family Residential CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC): As previously mentioned, the property is currently zoned Suburban Development(SD). As the property is currently being requested to be rezoned to a Planned Development, with General Business (GB) as a base zoning district, a breakdown between those requirements and the existing site is provided below: General Business Existing Site Lot Size: 22,500 sq ft 20.3 Acres Lot Width: 150' 910' Lot Depth: 125' 970' Front Setback: 25' n/a JPH 10-15-12 Zone Change 2012-12Z Page 2 Rear Setback: 25' n/a Side Setback: 10' if abuts res. n/a As the site is currently undeveloped, new development will be required to meet all requirements of the Unified Development Code unless specifically deviated from in the Planned Development Document. PLATTING STATUS: The property is not currently platted. Platting will be required at the time of development. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The current Comprehensive Plan (latest update in 2009) indicates Low Density Residential and Minor Retail Node (25 acres)for the subject property. The Comprehensive Plan defines a minor retail node to be approximately 25 acres. When taking into account the northwest and northeast corners of the intersection of Kingsley and Broadway also being developed as retail, if this zone change is approved it would result in a larger commercial development than 25 acres. As the Comprehensive Plan is only intended to be a general guide and not parcel specific the request could be considered to be in conformance with the Comprehensive Plan. CONFORMANCE WITH THE THOROUGHFARE PLAN: The subject property has frontage on Broadway and Kingsley/CR48, both major thoroughfares, with a minimum of 120' right-of-way. AVAILABILITY OF UTILITIES: The subject parcel does have access to public water and sewer. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: As the proposed development is at the intersection of two major thoroughfares, it is not anticipated that the development will have negative impacts which are not mitigated for in the Planned Development. The Residential Retail Node height diagram will help to ensure an adequate buffer between the proposed development and existing single family residential. The applicant has proposed to remove a number of potentially incompatible uses from the development. In the Summary section of this report, additional potentially incompatible uses have been identified by staff. If these uses are removed from the proposed Planned Development Document, this concern will have been addressed. A Traffic Impact Analysis (TIA) may be required at the time of site plan review by the City's Engineering department to determine if there are any potentially negative traffic impacts anticipated as a result of the proposed development at that time. If a TIA is required, and mitigation measures are deemed necessary as a result, the applicant would be responsible for implementing those measures. ADDITONAL COMMENTS: This request has been reviewed by the City's Development Review Committee and there are no additional comments from other departments at the time of this report. JPH 10-15-12 Zone Change 2012-12Z Page 3 SITE PLAN CONSIDERATIONS: A conceptual site plan for the proposed Planned Development has been submitted by the applicant. The site plan indicates a convenient store with fuel sales at the immediate intersection of Broadway and Kingsley with two additional pad sites fronting Broadway, and a larger retail center towards the rear of the property. PLANNED DEVELOPMENT (PD) CONSIDERATIONS: The primary deviations from the Unified Development Code in the Planned Development proposal include Land Use, and Buffering. As previously mentioned, the base zoning district for the Planned Development is General Business (GB). All allowable land uses in the (GB) zoning district are permitted, however this PD proposes to remove potentially incompatible land uses, as previously mentioned in this report. In addition to the land use restrictions, an additional buffer is proposed between this site and existing single family residential. The Residential Retail Node height diagram has been added for additional buffering, as illustrated below: aucatics Nor ALLOWED 75.4U..ILETIIMX J PUBLIC NOTIFICATION: 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 notification sign was placed on the subject property. OPPOSITION TO OR SUPPORT OF PROPOSED REQUEST: At the time of this report, staff has not received any comments either in opposition to or in support of the proposed zone change request. STAFF RECOMMENDATION: Staff recommends approval of the Zone Change 2012-12Z as proposed by the applicant for the following reasons and with the following condition: 1. The proposed zone change does not appear to have any negative impacts on existing surrounding or future developments which are not able to be mitigated JPH 10-15-12 Zone Change 2012-12Z Page 4 2. The proposed zone change would result in development which would blend well with existing nearby commercial uses. Condition: 1. The applicant removes the identified potentially incompatible uses referenced in this document. SUPPORTING DOCUMENTS: • Vicinity and Zoning Map • Property Ownership Map • Property Owner Notification List • Future Land Use Plan • Aerial Photograph • Zone Change Application and Applicant Documents • Related Documents JPH 10-15-12 Zone Change 2012-12Z Page 5 __ ■ 1 �= / -r. �� _ _ , — �s �- ___ �_ _ _ 77-| , L ' ----- 1 1,,i,.., ' + •"+-1 ... -r a a a ,, , ,c0-'4- If i cT , ,..' s.' ,_, ' 1, .),..„„TrE74'iffl..-L—_,,...._ k , ,,,,, ... ft''' 7 TRAIL-RV GE CJ'I 1 r i I-• L 11\S ca , W T r3)5 () Z '.141 ill( N x '^.ya f`.. N diltili cl, co `° Yo cQ N ca �c �,a R1�� (� 'In Q A, III Y`a, e!.,g 44flJ r ill 0 �- \ s..-.-. i *---....A , LL N t/) m � E°� � ° - © Q3 LLI a) Q c a a ict — U C? ca CC) cis 0 o .N N CD AUTUiBROC) LW CO ct > a, ca o . 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