Ord. 2000M-0101 2013-06-10 P ORDINANCE NO. 2000M-101
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 A .460
ACRE TRACT OF LAND OUT OF THE H.T. & B. R.R COMPANY SURVEY,
SECTION 11, ABSTRACT 239, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS. (LOCATED AT 4608 WALNUT PEARLAND, TX), ZONE CHANGE
2013-06Z, A REQUEST OF RICHARD GONZALEZ, APPLICANT AND OWNER,
FOR APPROVAL OF A ZONE CHANGE FROM THE SINGLE FAMILY (R-2)
ZONE TO THE NEIGHBORHOOD SERVICES (NS) 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, Richard Gonzalez, 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 from Single Family (R-2) to Neighborhood Services (NS);
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 April, 2013, 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
WHEREAS, on the 15th day of April, 2013, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 2000M-101
proposed zone change application of Richard Gonzalez, applicant and owner, whereby
the Commission recommended approval of the change of classification for the
described property from its existing classification of Single Family (R-2) to
Neighborhood Service (NS), 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 13th day of May, 2013
and; 10th day of June 2013; 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 Richard Gonzalez, 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 Single Family (R-2) to
Neighborhood Service (NS), 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:
LEGAL DESCRIPTION: BEING A .460 ACRE TRACT OF LAND OUT OF THE
H.T. & B. R.R COMPANY SURVEY, SECTION 11, ABSTRACT 239, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS.
GENERAL LOCATION: 4608 WALNUT, PEARLAND, TX
Page 2 of 4
Ord. No 2000M-101
ORDINANCE NO. 2000M-101
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 2000M-101
ORDINANCE NO. 2000M-101
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 13th day of May,
A.D., 2013.
4g oh i
O..
> ' :f TOM REID
101. MAYOR
ATTEST: .,* ��3,.•
� hl�Ih1113N'N
/ G1'
MA' IA E. RODRIGUE
DEPUTY CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10th
day of June, A.D., 2013.
�p.tix•..lii.i�� ,
/4`•`' - � TOM REID
MAYOR
ATTEST: , /\
I /
■LAS u .4f. G.
MA"IA E. RODRIGUEZ I /
DEP'JTY CITY SECRETARY
APPROVED AS TO FORM:
Q � C
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord. No 2000M-101
Ordinance No. 2000M-101
Exhibit "A"
ZONE CHANGE APPLICATION Page 1 of 4 Updated October 2612
City of Pearland
APPLICATION FOR Community
'J ° (Community Center
A CHANGE IN ZONING Pearland,Texas 77581
47 T 281-652-1702 fax
��1}
www.cityofpearland.com
Current Zoning District: ..e3N
Proposed Zoning District: %v O-°
N3
Property Information: / 1
Address or General Location of Property. 7- (Y0 O VJa t 1't
PQax land, -TX -7-1s1 I
Tax Account No. O0,3(1 -O O,1 5--U 1
Subdivision: P---pr-j)' Lot1a.0 ( c Block: Pr Oa 3i
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:�y ( APPLICANT/AGENT INFORMATION:
NAME C1r'\- OW Oy v2c,tC7„. NAME G .wy as Owe-.
ADDRESS I (P !V J X1l cL ADDRESS
CITY Q4)X STATE 1X ZIP -n581 CITY STATE ZIP
PHONE(ag I ) Gq 1-59 PHONE(
FAX(J% ( } q q 1- Si c-7) FAX(
E-MAL ADDRESS r i voi.Tin(1 e 2 014.41 KD'C ' •E-MAIL ADDRESS
'Property owner must be the current owner of the property at the time of submittal of the applicaton, 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 Development-Code of the City of Pearland.
Owner's Signature: Y Date: a�
Agent's/Applicant's
Signature: Date:
OFFICE USE ONLY:
PAID:,ES r7 eft,' DATE ),,� J SYCENED r -t NUMBER: 1 t
t,�.- PAID: ,../'flp� / ,..."7—
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The City of Pearland February 15,2013
c/o Community Development
3523 Liberty Drive
Pearland,TX 77581
Attention: Zoning Board
To Whom It May Concern:
I, Richard Gonzalez am the present owner of 4608 W. Walnut Pear/and, TX 77581.
I am submitting this paperwork to request a zone change for the above mentioned property. I
personally feel it is justified as this property has several small businesses around it.As a long time
Pearland resident and business owner myself, I feel the addition of a Coffee shop would benefit the City
of Pearland in addition to providing a great commodity to the local businesses in the area.
Kin gards,
v&-
`R:chard Gonza ez
II
Pearland GIS Page 1 of 2
Property Search: Number Street Go i
PEARLAND:
NOME INTERACTIVE MAPS MAP LIBRARY CAPITAL IMPROVEMENTS PUBLIC SAFETY
4608 WALNUT W ST
/0 Location City Limit Information Trash/Recycling
4605 WALNUT W ST Within city iirrits:Yes Trash Pickup:Wednesday.Saturday
PEARLAND,TX 775E4 Annexation Number;0
Annexation Date:Fri May 12,1 •05
Key Mapl Location:614 R Recycling Pickup:Saturday
� • Voting Information Boundary Area Landuse 410
Voting Precinct 47 Subdivision: Land use:Medium Density Res:dentia!
School District:Pearland ISD Zone:P.-2
Drainage District:4
Municipal Utility District n/a
External Map Services Appraisal Districts
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*GtS Online Map Services Disclaimer
TMs prof St is for irformationa.purposes and may not have been prepared for or be suitable for legal.engneer:ng or surveying purposes.Pt does not represent an tier the-ground
survey are represents orly the approximate rela:ice location of property boundaries.
Copyright All 2013 City of Pearland.
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AFFIDAVIT OF PUBLICATION Ordinance No. 2000M-101
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:
Ito.. . / Date - )7 20 /3
No. Date — -- 20
No. Date 20
No. Date _ 20
No. Date 20
CFO
Subscribe and sworn to before me this .21 day of (%/tell
20
LAURA N EMMONS Of
tQi# NOTARY PUBLIC
STATE OF TEXAS Laura Ann Emmons, Publisher
r;/ My Cotritssi, Expires 09-09-2014
Notary Public, State of Texas
Ordinance No. 2000M-101
Exhibit "C"
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
APPLICATION
NO.2013-06Z
Notice is hereby given
that on April 15,2013 at
6:30 p.m., the City
Council and Planning
and Zoning Commission
of the City of Pearland,
in Brazoria, Harris and
Fort Bend Counties,
Texas, will conduct a
joint public hearing in
the Council Chambers of
City Hall, located at
3519 Liberty Drive,
Pearland,Texas,on the
request of Richard
Gonzalez applicant and
owner,for approval of a
zone change from the
Single Family R-2 zone
to the Neighborhood
Services (NS) zone, on
property located at 4608
Walnut St.Pearland,TX
77581,more specifically
described below:
t
of Being land a out.460 of the acre H.T.tract&
B. R.R Company Sur-
vey,section 11,abstract
239, City of Pearland,
Brazoria County,Texas.
General location:
4608 Walnut St.
Pearland,TX 77581
At said hearing,all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject. For addi-
tional information,
please contact the
Planning Department at
281-652-1765.
Ian Clowes
Planner II
Ordinance No. 2000M-101
Exhibit "D"
FAB ^rte
e X A S
-., -/T -�'
Planning & Zonin g Commission
Recommendation Letter
April 16, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2013-06Z
Honorable Mayor and City Council Members:
At their meeting on April 15, 2013, the Planning and Zoning Commission considered
the following:
A request of Richard Gonzalez applicant and owner, for approval of a zone
change from the Single Family (R-2) zone to the Neighborhood Services (NS)
zone for .460 acres on the following described property:
LEGAL DESCRIPTION:
Being a .460 acre tract of land out of the H.T. & B. R.R Company Survey, section
11, abstract 239, City of Pearland, Brazoria County, Texas.
GENERAL LOCATION:
4608 Walnut, Pearland, TX
Following staff presentation, there was discussion regarding whether or not the building
could be used for residential purposes in the future if the zone change were approved.
Commissioners also questioned whether the fact that outdoor seating is not permitted
would affect the proposed business. Following this presentation, Commissioner Daniel
Tunstall made a motion to approve the zone change. The motion was seconded by
Commissioner Neil West. The vote was 5-0 and the motion passed.
Sincerely,
Ian Clowes, Planner II
On behalf of the Planning and Zoning Commission
.q ) 1
€r _SI _.._ != JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF APRIL 15, 2013
Zone Change No. 2013-06Z
A request of Richard Gonzalez applicant and owner, for approval of a zone change
from the Single Family(R-2)zone to the Neighborhood Services (NS)zone, to wit:
Legal Description: Being a .460 acre tract of land out of the H.T. & B. R.R
Company Survey, section 11, abstract 239, City of Pearland, Brazoria County,
Texas.
General Location: 4608 Walnut, Pearland, TX
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone
change application will be considered as follows:
Planning and Zoning Commission: April 15, 2013*
City Council for First Reading: May 13, 2013*
City Council for Second Reading: May 13, 2013*
(*dates subject to change)
SUMMARY: Richard Gonzalez applicant and owner, is requesting approval of a zone
change from the Single Family (R-2) zone to the Neighborhood Services (NS) zone for
the above referenced location. If approved, this zone change will allow the applicant to
convert the existing single family home on site into a proposed coffee shop and office
space.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Single Family (R-2) Single Family Home
South Single Family (R-2) Single Family Home
East Single Family(R-2) Single Family Home
West Office Professional (OP) Law Office
JPH 04-15-13
Zone Change 2013-06Z
Page 1
CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC): As previously
mentioned, the property is currently zoned Single Family(R-2).As the property is currently
being requested to be rezoned to Neighborhood Services (NS), a breakdown between
those requirements is provided below:
R2 NS Existing Site
Lot Size: 7,000 sq ft 12,500 sq ft 20,000 sq ft
Lot Width: 70' 100' 100
Lot Depth: 90' 100' 200'
Front Setback: 25' 25' -25'
Rear Setback: 20' 10' -25'
Side Setback: 7.5' 10' -10'
In addition to these requirements, the site will be required to conform to the landscaping,
parking, and façade standards of the Unified Development Code. Parking will need to be
added to comply with the commercial guidelines for the proposed use. Landscaping,
including shrubs to screen the additional parking will be required. The current façade
would need to be upgraded to masonry in order to comply with the commercial standards.
PLATTING STATUS: The property is not currently platted. Platting would be required prior
to the release of any future building permits.
CONFORMANCE WITH THE COMPREHENSIVE PLAN: The current Comprehensive
Plan (latest update in 2009)indicates Medium Density Residential for the subject property.
The Comprehensive Plan further indicates that NS would not be an appropriate zoning
district for Medium Density Residential. The property's current zoning of Single Family(R2)
is considered an appropriate zoning district for the Medium Density Residentialdesignation
in the Comprehensive Plan.
Though this zone change would not be in conformance with the Future Land Use Plan,
staff feels that a potential amendment to the land use plan for this area may be
appropriate. The area overall is in transition to a more mixed use neighborhood and is
located just outside the Old Townsite District. Staff feels that extending the boundaries of
the Old Townsite westward along Walnut would benefit the neighborhood by allowing more
mixed use developments and allow for further future investment in the neighborhood.
CONFORMANCE WITH THE THOROUGHFARE PLAN: The subject property has
frontage on Walnut St, a major collector, with a minimum of 80' right-of-way.
AVAILABILITY OF UTILITIES: The subject parcel does have access to public water and
public sewer.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The proposed zone change,
if approved, is not anticipated to have any negative impacts on existing or future
developments in the immediate area. The proposed site is located next door to an
existing office space and down the street from property currently zoned General
JPH 04-15-13
Zone Change 2013-06Z
Page 2
Business (GB). The area appears to be in a mode of transition from residential to
mixed use. This proposed zone change could act as a good transition or buffer from
the remaining residential and the existing commercial.
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.
SITE PLAN CONSIDERATIONS: A site plan is not required for a zone change, however
the property is currently developed.
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: 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 2013-06Z
as proposed by the applicant for the following reasons:
1. Approval of the zone change will result in conformance with the surrounding zoning
and act as a transition zone between commercial and residential uses.
2. The proposed zone change should not have any significant negative impact on the
surrounding properties and developments.
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 04-15-13
Zone Change 2013-06Z
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