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Ord. 509-694 02-09-04 FailedFAILED 2/9/2004 ORDINANCE NO. 509-694 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 1.00 ACRE, TRACT 6A, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 219, BRAZORIA COUNTY, TEXAS (1430 O'DAY ROAD) (APPLICATION NO. 1145) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF WILLIAM POSTON, 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, William Poston, Owner, filed on December 19, 2003, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use as provided for in said Section 28, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A"; and WHEREAS, on the 19th of January, 2004, 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 22nd day of January, 2004, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by William Poston, Owner, whereby the 1 ORDINANCE NO. 509-694 Commission's recommendation to approve failed for a change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development District (SD) to Light Industrial District (M-1); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and concurred with the recommendation of the Planning and Zoning Commission at a regular meeting on February 9, 2004; 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 William Poston, 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 Light Industrial District (M- 1), such property being more particularly described as: 1.00 acres, Tract 6A, H.T. & B.R.R. Company Survey, Abstract 219, Brazoria County, Texas (1430 O'Day Road). 2 ORDINANCE NO. 509-694 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. 509-694 VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509 and consistent with the approval herein granted for the reclassification of the herein above described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this day of , 2004. ATTEST: YOUNG LORFING, TRMC CITY SECRETARY TOM REID MAYOR 4 ORDINANCE NO. 509-694 PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2004. ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 5 Tax I.D. Number: APPLICATION FOR A CHANGE IN ZONING Please check one: City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us ® Change in Zoning Classification from: 5D to: N-1 (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: Address: 1430 O'Day Road, Pearland, TX 77581-3151 A0219 HT & B R R , Tract 6a, 43,599.86 sq ft 208.71' x 208.71' Subdivision: None Lot: Block: ©)9- 000R-136 ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): One 6,000 ft warehouse/office Proposed use of property: Equipment Sales since 1994 PROPERTY OWNER INFORMATION: NAME William Poston ADDRESS 1423 Crystal Lake Circle E CI-ry Pearland STATE TX zip 77584 PHONE( 281 ) 485-4790 FAX( 281 ) 997-7822 E-MAIL ADDRESS bposton@postonequipment.com APPLICANT/AGENT INFORMATION: NAME William Poston ADDRESS 1423 Crystal Lake Circle E CITY Pearland STATE TX ZIP 77584 PHONE( 281 ) 485-4790 FAX( 281 ) 997-7822 E-MAIL ADDRESS bposton@postonequipment.com PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: Date: /' -/9%d3 Agent's Signature: Date: OFFICE USE ONLY: FEES PAID: 2-1 -- � 00 DATE PAID: I211, i D RECEIVED BY: /1/41A J(MA4*PPLICATION NO. / I LIS LOCATION MAP Zone Change Application No. 1145 Owner: William Poston 1430 O'Day Road (SD - M1) 0 200 400 Feet I I I I I AFFIDAVIT OF PUBLICATION The Friendswood Reporter News P.O.,Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and Brazoria Counties, for / issues, as follows: No. l Date /2 3( 20 63 No. Date 20 No. Date 20 No. Date 20 No. Date 20 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 • :s,B1}-s s.6.-s....••• 0.•.04,ti4t... l.• Subscribe and sworn to before me this 20 03 . : • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 : day of QC Laura Ann Emmons,Publisher Notary Public, State of Texas Published Dec. 31, 2003 & Jan. 7, 2004 • NOTICE OF A JOIN'UB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS APPLICATION NO.1145 Notice is hereby given that on January 19, 2004, 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 hearingi.ba Ali Liberty ifyft_a of an, 19 Texas, on then equest of William Poston, owner, for an amendment to the Land Use.• and _ Urban Development Ordinance of said City from classification Suburban Development District (SD) to Light Industrial District (M-1), on the following described property, to wit: 1.00racre, Tract 6A, N,T, & B.R.R. Company Survey, Abstract 219,:Brazoria County, Texas (1430 O'Day Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the sub- ject, /s✓ Theresa Grahmann 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 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 /" 4 7 20 .0g No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 _ Laura Ann Emmons, Publisher Notary Public, State of Texas Published Dec. 31, 2003 & Jan. 7, 2004 • NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS APPLICATION NO. 1145 Notice is hereby given that on January 19, 2004, at 6:30 p.m., the City Council and Planning and i 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 William Poston, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Light IndustrialDistrict (M-1), on the following described property, to wit: 1.00 acre,. Tract 6A, H.T. `: & B.R.R. Company Survey, Abstract 219, Brazoria County, Texas (1430 O'Day Road) Atsaid hearing all inter part eslhall have the and opportunity to appea and be heard on the subject. /s/ Theresa Grahmann Planner I January 22, 2004 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1145 Honorable Mayor and Council Members: Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Dwelling District (SD) to Light Industrial District (M-1) on the following described property, to wit: Legal Description: 1.00 acre, Tract 6A, H.T. & B.R.R. Company Survey, Abstract 219, Brazoria County, Texas (1430 O'Day Road) At a regular meeting held on January 19, 2004, the Planning and Zoning Commission considered the above -mentioned request. Vice Chairman Sheryl Greiner made a motion to forward Zone Change Application No. 1145 to City Council for approval with a second made by Commissioner David Ransom. Motion to approve failed 0-7 This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Owner: William Poston 1423 Crystal Lake Circle East Pearland, Texas 77584 Page 1 of 1 Executive Director of Community Services, Tobin Maples, stated there is same commercial zoning North of the property. He stated the opposition was due to the majority of the surrounding area being residential. A brief discussion ensued among Council and Staff regarding the zoning surrounding the property. Voting "Aye" none. Voting "No" Councilmembers Seeger, Tetens, and Owens. Motion Failed 3 to 0, with Councilmembers Viktorin and Marcott absent. FIRST READING OF ORDINANCE NO. 509-693 — 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 1.867 ACRES, TRACT 39A, AND 2.00 ACRES, TRACT 39A1, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 85, OUT OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BRAZORIA COUNTY, TEXAS (2806 MILLER RANCH ROAD) (APPLICATION NO. 1136) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF KIM DURRETT, AGENT FOR TRINITY LEASING, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. This item was withdrawn as requested by the applicant. FIRST READING OF ORDINANCE NO. 509-694 — 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 1.00 ACRE, TRACT 6A, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 219, BRAZORIA COUNTY, TEXAS (1430 O'DAY ROAD) (APPLICATION NO. 1145) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF WILLIAM POSTON, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Page 6 of 20 — 2/9/2004 Motion Failed 2 to 1, with Councilmember Viktorin and Marcott absent. FIRST READING OF ORDINANCE NO. 509-687 — 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 1.988 ACRES, OUT OF A 5.949 ACRE TRACT AS DESCRIBED IN VOLUME 1439, PAGE 851, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, BEING OUT OF A 35.950 ACRE TRACT, OUT OF A TRACT OF 80 ACRES OUT OF THE NORTH 1/2 OF THE SOUTHEAST 1/a OF SECTION 16, GEORGE C. SMITH SURVEY, ABSTRACT 546, BRAZORIA COUNTY, TEXAS (WEST SIDE OF HARKEY ROAD, AND ON THE NORTH SIDE OF TERRELL DRIVE) (APPLICATION NO. 1138) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DAVID AND ANA GARCIA AND ANTONIO LINARES, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Owens made the motion, seconded by Mayor Pro -Tenn Tetens, to approve Ordinance No. 509-687 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1138. City Manager, Bill Eisen, stated this would allow the construction of a single-family residence. Voting "Aye" Councilmembers Seeger, Tetens, and Owens. Voting "No" None. Motion Passed 3 to 0, with Councilmembers Viktorin and Marcott absent. FIRST READING OF ORDINANCE NO. 509-688 — 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 1.1183 ACRES, LOT 1, OUT OF TRACT 10 OF AN UNRECORDED SUBDIVISION OF SECTION 7, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 219, BRAZORIA COUNTY, TEXAS (1637 GARDEN ROAD) (APPLICATION NO. 1143) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DANNY AND CATHY ROARKE, AGENT FOR NGUYEN VAN LY, Page 8 of 20 — 2/9/2004 Councilmember Seeger made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-694 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application -No.1145. • Bill Poston, 1430 O'Day Road, addressed Council and stated he owns the property. He has lived in Pearland since 1958. He started the business 13 years ago and moved it to the current location in 1994. It has been annexed by the City and decided to check into the zoning. He asked Council to consider changing the zoning. Mayor Reid stated Mr. Poston would be able to continue his business; however, any future changes would need to be permitted. City Manager, Bill Eisen, stated the Planning & Zoning Commission declined this item. A three-quarters vote would be needed in order to approve the zone change. The issue discussed by the commission was basically regarding the rezoning of other properties in the surrounding area. Mayor Pro-Tem Tetens stated the zoning around the tract of land has residential zoning on all four sides. Councilmember Owens asked for the original surrounding area details before the building was placed on the property. Bill Poston, 1430 O'Day Road, addressed Council and stated Mr. Fernandez built the building in 1986, and he purchased it in 1994. He state there is another commercial building North of his property, but it is in the City of Brookside. He state there was only one house in the area when he moved to the location. Councilmember Owens asked if something happened to the building, would the owner be able to rebuild his business. Executive Director of Community Services, Tobin Maples, stated to rebuild without proper structure value is destroyed, .then the owner would not be zoning. At the current time, if the owner would liketoexpand, he could request a special exception through the Zoning BoardofAdjustment. A brief discussion ensued among Council and Staff regarding the modifications of the Comprehensive Plan. Voting "Aye" Councilmember Owens. Voting "No" Councilmembers Seeger and Tetens. Page 7 of 20 — 2/9/2004