Loading...
Ord. 509-756 02-28-05ORDINANCE NO. 509-756 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 LOT 10, BLOCK 1, OF COLONIAL ESTATES SUBDIVISION, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE OF MCLEAN ROAD, AND NORTH OF COLONIAL DRIVE) (APPLICATION NO. 1209) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DOUG MINKOFF, 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, Doug Minkoff, owner, filed on December 21, 2004, 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 17th day of January, 2005, 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 2nd day of February, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Doug Minkoff, owner, whereby the Commission recommended approval of the change of classification for the described 1 ORDINANCE NO. 509-756 property from its existing classification of Suburban Development District (SD) to Single Family Dwelling District (R-1); 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 February 14, 2005; 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 Doug Minkoff, 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 zoned to Single Family Dwelling District (R-1), such property being more particularly described as: Lot 10, Block 1, of Colonial Estates Subdivision, Abstract 509, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Located on the West Side of McLean Road, and North of Colonial Drive) 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 2 ORDINANCE NO. 509-756 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. 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. 3 ORDINANCE NO. 509-756 PASSED, APPROVED, and ADOPTED on First Reading this 14th day of February , 2005. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of February , 2005. ATTEST: APPROVED AS TO FORM: 044.,_.: ak___ DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 Please check one: APPLICATION FOR A CHANGE IN ZONING City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us in ZoningClassification from: S to: R Change (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property InformationNi/� l� Address: I "cLnYt Road Subdivision: COtvv‘ I c.` e5-11t4e5 Tax I.D. Number: (MO' 000e-1 a© Lot: 10 Block: I ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): So4-U(,- e bG44-tiN Future/proposed use of property and reason for zone change: °,4' vt. j CA✓\✓\Z cAtov. Left- th -, C hG4av4 ►0,^ PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME D° `, dv\ Iv-, kco F F NAME ADDRESS t a.11 Pt NA e P i e Ira C r ADDRESS CITY e e tiJ t 6% h 4 STATE "7 ZIP 7r 58 I CITY STATE ZIP PHONE( ag\ ) Roo b 1 gD PHONE( ) FAX( a g t ) 15(a `gam (g( FAX( ) E-MAIL ADDRESS E-MAIL ADDRESS 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 dam fully responsible for the porrect ion of the proprty uon lessch lof the have requested the above checked action. I understand that I legal description given. _--_� Owner's Signature: �.� Date: I a' 15 - 0 CI Date: Agent's Signature: OFFICE USE ONLY: FEES PAID: RECEIVED BY: APPLICATION NO. DATE PAID: ASUBJECT PROPERTY F• 111110111101 am 111111111 so um gm Ilia go 111111 am NMI fly am aids gps -wrt LOCATION MAP Zone Change Application No. 1209 Owner/Applicant: Doug Minkoff Change: SD - R-1 W+E 0 200 hill 400 Feet App-Idoci 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 20 09,' , . No. Date 20 No. Date 20 No. Date 20 No. Date 20 Spbscribe and sworn to before me this 20 . . • • • • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 • President day of / 11- Laura Ann Emmons, Publisher Notary Public, State of Texas Published Dec. 29, 2004 and Jan. 5, 2005 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO. 1209 Notice is hereby given that on January 17, 2005, 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, 3519 Liberty Drive, Pearland, Texas, on the request of Doug Minkoff, owner, for an amendmentto the Land Use • and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R- 1), on the following described property, to wit: Lot 10, Block 1, of Colonial Estates Subdivision, Abstract 509, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Located on the West Side of McLean Road, and North of Colonial Drive) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. Is/Theresa Grahmann Senior Planner Aho • • 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 ublish in Brazoria and Harris Counties in THE REPORTER NEWS,a newspaperp �d circulation in Brazoria, Harris &..Galveston Counties, for / of general issues, as follows: 20 No. Date 20 No. Date /=._ 20 'OS No. Date 20 No. Date 20 No. Date „Subscribe and swom to before me this x0 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 day of Laura Ann Emmons, Publisher` Notary Public, State of Texas Published Dec. 29, 2004 and Jan. 5, 2005 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, ZONE CHANGE APPUCATION NO.1209 Notice is hereby given that on January 17, 2005, 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, 3519 Liberty Drive, Pearland, Texas, on the request of Doug Minkoff, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from ciasiifica p i'" Suburban Developniesst District (SD) to Singe Family Dwelling District (A 1), on the following described property, to wit: Lot 10, Block 1, of Colonial Estates Subdiviat, Abstract 509, H.T. & BRA. Company Survey, City of Pearland, Brazoria County, Texas (Located on the West Side of McLean Road, and North of Colonial Drive) At said hearing all; interest- ed parties shall have the right and opportunity to appear and be heard on the subject. is/Theresa Grahmann Senior Planner P1anhin5 & Zonin Colninissioll Recommendation Letter February 2, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1209, a request by Doug Minkoff, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) tb Single Family Dwelling District (R-1), on the property Generally Located on the West Side of McLean Road, and North of Colonial Drive Honorable Mayor and City Council Members: At their regular meeting of January 17, 2005, the Planning and Zoning Commission considered the request for a zone change from Suburban Development District (SD) to Single Family Dwelling District (R-1) on the following property: Legal Description: Lot 10, Block 1, of Colonial Estates Subdivision, Abstract 509, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas Commission Member Greiner made a motion to approve the zone change, and Commission Member Ransom seconded the motion. The motion to approve was passed by a vote of 6-0. Sincerely, Planning and Zoning Commission Recommendation Letter, 02/14/05 City Council Meeting, Zone Change Application No. 1209 Page 1 of 1 SUBJECT:PROPERTY' TUCKER NANCY PUTZ-= SOMMERFIELD=JOYCE PUTZ TUCKER NANCYPUTZ I � BERKEMEIER H R NELSON SCOTT &"FRANCES" DORRIAN; PATEL PRAVIN8.., 200' NOTIFICATION LIMITS, CABOT COVE LP; MENDEZ HERLINDAV' CABOT COVE LP LENNAR HOMES OF TEXAS LENNAR HOMES OF TEXAS ,LENNAR HOMES OF TEXAS_:? CABOT COVE LP LENNAR. HOMES OF TEXAS ��_lr®NFEDE[2AT"E D 0 Z v z MAHEJAN-G- 1111 OWNERSHIP MAP Zone Change Application No. 1209 Owner/Applicant: Doug Minkoff Change: SD - R-1 0 200 400 Feet 11111 TAX ACCOUNT 05080018000 23701001004 23701001003 23701000000 28600008120 28600008110 28600008000 23701002002 28600008130 23701001001 23701000000 28600020000 23701002001 28600023000 28600024000 OWNER MENDEZ HERLINDA V DOUG MINKOFF CABOT COVE LP LENNAR HOMES OF TEXAS CABOT COVE LP TUCKER NANCY PUTZ TUCKER NANCY PUTZ SOMMERFIELD JOYCE PUTZ LENNAR HOMES OF TEXAS TUCKER NANCY PUTZ LENNAR HOMES OF TEXAS CABOT COVE LP PATEL PRAVIN B LENNAR HOMES OF TEXAS NELSON SCOTT & FRANCES DORRIAN BERKEMEIER H R ZONE CHANGE APPLICATION NO. 1209 Property Owner Notification List ADDRESS 2603 LONGWOOD ST 1211 PINE FIELD CT 13014 THATCHER DR 550 GREENS PKWY STE 200 13014 THATCHER DR 4966 COUNTY ROAD 937E 4966 COUNTY ROAD 937E 212 E MOUNTAIN RD 550 GREENS PKWY STE 200 4966 COUNTY ROAD 937E 550 GREENS PKWY STE 200 13014 THATCHER DR 6776 SW FRWY #365 550 GREENS PKWY STE 200 5034 COLONIAL DR 5114 COLONIAL DR CITY ST ZIP CODE LEGAL DESCRIPTION PEARLAND TX PEARLAND TX HOUSTON TX HOUSTON TX HOUSTON TX ALVIN TX ALVIN TX WIMBERLEY TX HOUSTON TX ALVIN TX HOUSTON TX HOUSTON TX HOUSTON TX HOUSTON TX PEARLAND TX PEARLAND TX 77581-5800 77581 77077-5506 77067-4538 77077-5506 77511-1379 77511-1379 78676-9507 77067-4538 77511-1379 77067-4538 77077-5506 77074 77067-4538 77584-7075 77584-7077 LT 1 508 H T & B PEARLAND, ACRES 29.110 CABOT COVE SEC 1 (A0508 HT&BRR), CABOT COVE SEC 1 (A0508 HT&BRR), CABOT COVE SEC 1 (A0508 HT&BRR), COLONIAL ESTATES (A0509 H T & B R COLONIAL ESTATES (A0509 H T & B R COLONIAL ESTATES (A0509 H T & B R CABOT COVE SEC 1 (A0508 HT&BRR), COLONIAL ESTATES (A0509 H T & B R CABOT COVE SEC 1 (A0508 HT&BRR), CABOT COVE SEC 1 (A0508 HT&BRR), COLONIAL ESTATES (A0509 H T & B R CABOT COVE SEC 1 (A0508 HT&BRR), COLONIAL ESTATES (A0509 H T & B R COLONIAL ESTATES (A0509 H T & B R BLOCK 1, LOT 4 BLOCK 1, LOT 3 RES A-D, ACRES 0.430 R), BLOCK 1, LOT 10 R), BLOCK 1, LOT 9 R), BLOCK 1, LOT 8 BLOCK 2, LOT 2 R), BLOCK 1, LOT 11 BLOCK 1, LOT 1 RES A-D, ACRES 0.430 R), BLOCK 2, LOT 14-15 BLOCK 2, LOT 1 R), BLOCK 2, LOT 16 R), BLOCK 2, LOT 17-18 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JANUARY 17, 2005 Zone Change Application No. 1209 TO: City Council Planning and Zoning Commission SUBJECT: A request by Doug Minkoff, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-1) LEGAL Lot 10, Block 1, of Colonial Estates Subdivision, Abstract 509, DESCRIPTION: H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Located on the West Side of McLean Road, and North of Colonial Drive APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: January 17, 2005 City Council for First Reading: February 14, 2005 City Council for Second Reading: February 28, 2005 SUMMARY: The applicant is requesting a change in zoning on the subject property for single family residential uses. The subject property was annexed into the City in 1997 and subsequently zoned SD. The subject property is currently undeveloped. The applicant has indicated that they plan to construct a single family residence on the subject property if the zone change is approved. SURROUNDING ZONING AND LAND USES: Zoning Land Use North Single Family Dwelling District Single family residence (R-2); Suburban Development District (SD) ZCA No. 1209 Page 1 South JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JANUARY 17, 2005 Suburban Development Undeveloped Land District (SD) East Single Family Dwelling District Single family residences within the Cabot Cove residential subdivision (R-2) West Suburban Development Undeveloped tract District (SD) CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting an R-1 zoning district. The minimum lot size for the R-1 district is 8,800 square feet and the minimum lot width is 80 feet. The subject property meets the minimum lot size requirements, as the subject property is over 1/2 acre in size and has a lot width of approximately 144 feet. The applicant will be responsible for complying with all other ordinance requirements, such as yard setback requirements and lot coverage. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "Low Density Residential" for the subject property and for the surrounding properties on Colonial Drive. The Comprehensive Plan further indicates that the appropriate zoning districts and for Low Density Residential are the Estate Lot Single Family Dwelling District (R-E) and the Single Family Dwelling District R-1. Therefore, the proposed zone change conforms to the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Colonial Drive, a local/residential street. No other roadways affect the subject property. It has not yet been determined if the subject property will be need to be platted in accordance with the Subdivision Ordinance. The applicant may be required to submit a plat for the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Some lots in the vicinity of the subject tract are zoned for single family residences, as R-1 and R-2. Many of the Tots in the subject area are developed with single family residences, although many are still zoned as SD. Therefore, the proposed zoning for R-1 is consistent with existing development and ZCA No. 1209 Page 2 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JANUARY 17, 2005 zoning districts within the area. PUBLIC COMMENTS: 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 Zoning Sign was placed on the subject property. STAFF RECOMMENDATION: Staff recommends approval of the zone change for R-1, as proposed by the applicant, for the following reasons: 1. The proposed zone change provides for "Low Density Residential" uses as recommended by the Comprehensive Plan. 2. The proposed zone change is consistent with existing R-1 zoning districts within the subject areas, as well as being consistent with existing single family residential uses within the subject area. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan ZCA No. 1209 Page 3 ZONING MAP Zone Change Application No. 1209 Owner/Applicant: Doug Minkoff Change: SD - R-1 i i i i 200 41 Feet w s E FUTURE LAND USE PLAN Zone Change Application No. 1209 Owner/Applicant: Doug Minkoff Change: SD - R-1 i i i I200 41 Feet N W+E s