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Ord. 509-773 04-11-05Failed 4/11/05 ORDINANCE NO. 509-773 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 1, BLOCK 1, OF WESTFIELD ESTATES, ABSTRACT 70, W.D.C. HALL, AS RECORDED IN VOLUME 22, PAGE 37 AND 38, OF THE MAP RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF DIXIE FARM ROAD, AND SOUTH OF WESTFIELD LANE) (APPLICATION NO. 1222) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF RICARDO DAVID AND DANNY WRIGHT, 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. WHEREAS, Ricardo David and Danny Wright, owners, filed on February 10, 2005, 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 21st day of March, 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 31th day of March, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Ricardo David and Danny Wright, owners, whereby the Commission recommended denial of the change of classification 1 ORDINANCE NO. 509-773 for the described property from its existing classification of Single Family Dwelling District (R-1) to Commercial District (C); 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 April 11, 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 Ricardo David and Danny Wright, owners, 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 Single Family Dwelling District (R-1) is hereby zoned to Commercial District (C), such property being more particularly described as: Lot 1, Block 1, of Westfield Estates, Abstract 70, W.D.C. Hall, as recorded in Volume 22, Page 37 and 38, of the Map Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Dixie Farm Road, and South of Westfield Lane) 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 2 ORDINANCE NO. 509-773 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. 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. ORDINANCE NO. 509-773 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 , 2005. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2005. ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 Please check one: APPLICATION FOR A CHANGE IN ZONING g-1 14 Change in Zoning Classification from: i osuAL.. to: (list current zoning) ❑ Specific Use Permit Request for : (list proposed use) 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 It 'I ahrl©5 oposed zoni ng) Property Information: Address: 37 37 X G i -.M 120PeD P51421441JAI Thx 77 sot Subdivision: �,�V eS-F F 1c C-S c Lot: ( Block: 1 Tax I.D. Number: �ol o� 3 - 0001 -©©1 ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): ( NVG.45AW1— Future/proposed use of property and reason for zone chang15 8t1(413 QUPL X Hot4 . ..1 s - - vdtA U(LRtu► 1001 Al v COW S-1Eu (11010 . 114E— ao& fi�aP- CHfit: 15 -CPQ >✓ O'F 10 (,R w10 =G sl-1 l tJ�, tPoN:1J 4 L�� IPROPERTY OWNER INFORMATION: APPLICA T IN ORATI NAME t24 C. DP tD k bA4 11)12-I(�r-;T' ADDRESS 31 Zb SM r t-4)00 . . CITY 1"F-440 A .00 STATE --TitZIP 1?551+ PHONE(Z5 ) 2Z1 0331 FAX(Z4 ) 447b -75S4f E-MAIL ADDRESS AS( 1 Q &PeQ.utpAte.. Gor E-MAIL ADDRESS 12...Dd11 tarRi. M.S4Up K . CALI NAME {ZI GA4t.co I,b v 1 9 ADDRESS SN LOb>U u� . CITY r SA424.154017 STATE TIC ZIP T75 "-f PHONE(LI1_) 'ZZ-1 033 �I FAX (2_) 64CW, 15 * 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: rat 21 a5 Agent's Signature: Date: OFFICE USE ONLY: FEES PAID: .Q95 V DATE PAID: o,6' RECEIVED BY: iM Vt APPLICATION NO. % 9 z LOCATION MAP Zone Change Application No. 1222 Owner/Applicant: Ricardo David/Danny Wright Change: R-1 - C w N s 0 200 400 Feet 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 [G1 02 20 No Date 20 No. Date 20 No. Date 20 No. Date 20 S bscribe and sworn to before me this day ofA�CY4 20_ Laura Ann Emmons, Publisher Notary Public, State of Texas Published March 2 & March 9,2005 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. 1222 Notice is hereby given that on March 21, 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 Ricardo David and Danny Wright, owners, for an amendment to the Land Use and Urban Develop- ment Ordinance of said City from classification Single Family Dwelling District (R- 1) to Commercial District (C), on the following described property, to wit: Lot 1, Block 1, of Westfield Estates, Abstract 70, W.D.C. Hall, as recorded in Volume 22, Page 37 and 38, of the Map Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (Generally • Located on the East Side of Dixie Farm Road, and South of Westfield Lane) LEGALS At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior 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 ill/CA / 20 rS No Date 20 No. Date 20 No. Date 20 No. Date 20 Sybscribe and sworn to before me this /t 20 0C day o Laura Ann Emmons, Publisher Notary Public, State of Texas Published March 2 & March 9, 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. 1222 Notice is hereby given that on March 21, 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 Ricardo David and Danny Wright, owners, for an amendment to the Land Use and Urban Develop- ment Ordinance of said City from classification Single Family Dwelling District (R- 1) to Commercial District (C), on the following described property, to wit: Lot 1, Block 1, of Westfield Estates, Abstract 70, W.D.C. Hall, as recorded in Volume 22, Page 37 and 38, of the Map Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Dixie Farm Road, and South of Westfield Lane) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner P1annin & Corning Commission Recommendation Letter March 31, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1222, a request by Ricardo David and Danny Wright, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-1) to Commercial District (C), on the following described property Honorable Mayor and City Council Members: At their regular meeting of March 21, 2005, the Planning and Zoning Commission considered the request for a zone change from Single Family Dwelling District (R-1) to Commercial District (C) on the following property: Legal Description: Lot 1, Block 1, of Westfield Estates, Abstract 70, W.D.C. Hall, as. recorded in Volume 22, Page 37 and 38, of the Map Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Dixie Farm Road, and South of Westfield Lane Commission Member Dumont made a motion to recommend approval of the zone change request, which was seconded by Commission Member West. The motion to approve failed 0 — 5. The zone change was recommended for denial by the Planning and Zoning Commission. The Planning and Zoning Commission stated the following reasons for the denial: 1. The proposed zone change for Commercial District does not conform with the recommendations of the Comprehensive Plan. 2. The proposed zone change for Commercial District would cause an increase in traffic in the subject area. 3. There are not any commercial businesses located within the subject area. Sincerely, Planning and Zoning Commission Recommendation Letter, 04/11/05 City Council Meeting, Zone Change Application No. 1222 Page 1 of 1 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF MARCH 21, 2005 Zone Change Application No. 1222 TO: City Council Planning and Zoning Commission SUBJECT: A request by Ricardo David and Danny Wright, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-1) to Commercial District,(C) LEGAL Lot 1, Block 1, of Westfield Estates, Abstract 70, W.D.C. Hall, as DESCRIPTION: recorded in Volume 22, Page 37 and 38, of the Map Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Generally Located on the East Side of Dixie Farm Road, and South of Westfield Lane`, APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: March 21, 2005 City Council for First Reading: April 11, 2005 City Council for Second Reading: April 25, 2005 SUMMARY: The applicant is requesting a change in zoning on the subject property for commercial uses. The subject property is currently zoned as Single Family Dwelling District (R-1), and is developed with what appears to be a single family residence. The existing structure was issued a certificate of occupancy in August 2002. It is Staff's understanding that the applicant intends to utilize the existing structure for the commercial uses as proposed by this zone change. The applicant originally stated that their proposal was to use the property for multi -family or duplex housing, as indicated on the application. However, the applicant indicated to Staff that they would like to request commercial zoning for the subject property. ZCA No. 1222 Page 1 SURROUNDING ZONING AND LAND USES: Zoning Land Use North Single Family Dwelling District Single family residence (R-1) South Single Family Dwelling District Undeveloped tract (R-1) East Single Family Dwelling District Single family residence (R-1) West Single Family Dwelling District Single family residences within the (R-2) Oakbrook residential subdivision CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting a C zoning district. The minimum lot size for the C district is 22,500 square feet and the minimum lot width is 150 feet. The subject property in its present configuration meets these minimum requirements, as the -subject property is approximately 214 feet wide and approximately 2.00 acres in size. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "Low Density Residential" for the subject property and many of the surrounding properties. The Comprehensive Plan further indicates that the appropriate zoning districts 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 for C does not conform to the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Dixie Farm Road, a major thoroughfare with an ultimate right-of-way of 120 feet, that is to be widened in the future as necessary. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: A 10 inch water main currently exists within Dixie Farm Road. Sanitary sewer service is available in the form of a force main within Dixie Farm Road and Westfield Lane. ZCA No. 1222 Page 2 IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The subject property is currently zoned as R-1, and is surrounded on the north, south, and east sides by R-1 zoning districts. Across Dixie Farm Road to the west is the Oakbrook residential subdivision, which is zoned R-2. The building permit and certificate of occupancy applied for for this structure indicated that the future use of this building was a single family residence. Introducing a commercial or other non-residential use on this largely residential area could have a negative impact on the surrounding residential lots as well as the neighborhood as a whole. The proposed C uses will bring in additional traffic, business, and noise that is associated with any retail or commercial center. 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 denial of the zone change for C, as proposed by the applicant, for the following reasons: 1. The proposed zone change for C does not conform.to the "Low Density Residential" land use designation as recommended by the Comprehensive Plan. 2. The proposed zone change for C is inconsistent and incompatible with existing R-1 and R-2 residential districts and single family residential land uses within the subject area. 3. The proposed zone change for C has the potential to cause negative impact on the surrounding residential land use by introducing an increase in traffic, service vehicles, noise, as well as other impacts brought about by non-residential land uses. 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. 1222 Page 3 DRAFT MINUTES Excerpt from Minutes of 3/21/05 Joint Public Hearing A. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1222 A request by Ricardo David and Danny Wright, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Single Family Dwelling District (R-1) to Commercial District (C), on the following described property, to wit: Legal Description: Lot 1, Block 1, of Westfield Estates, Abstract 70, W.D.C. Hall, as recorded in Volume 22, Page 37 and 38, of the Map Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas; Generally Located on the East Side of Dixie Farm Road, and South of Westfield Lane Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Senior Planner Theresa Grahmann presented the Staff Report. The applicant was not present to speak. The following persons spoke against the proposed zone change request: 1. Michael Farris, CLU, FICF, 1615 Inverness Lane, Pearland, TX 77581. Mr. Farris main concerns are for quality of life and traffic. 2. Richard Byrd, 1814 Oak Lodge Drive, Pearland, TX 77581. Mr. Byrd's main concern was for the unknown future of the property regarding what type of business may be placed there. 3. Luis Valdes, 3774 Buckholt, Pearland, TX 77581. Mr. Valdes' main concern is opposition to patchwork zoning and drainage issues. 4. Neil Barnhill, 1813 Oak Lodge Drive, Pearland, TX 77581. Mr. Barnhill's main concern is opposition of residential properties converting to commercial properties, and property values. 5. Klaus Seeger, 3505 Buckholt, Pearland, TX 77581. Mr. Seeger's main concern is incompatibility with R-1 zoning, and a general feeling of neighbors opposing this request. 6. Diane Leaverton, 2310 Buckholt, Pearland, TX 77581. Ms. Leaverton's main concern is for property values. 7. Melisa Jackson, 2201 Buckholt, Pearland, TX 77581. Ms. Jackson's main concern is for traffic. 8. Joey Sellers, 2403 Buckholt, Pearland, TX 77581. Mr. Sellers' main concern is for property values. Council/Planning Commission/Staff discussion ensued. Councilmember Marcott expressed opposition to the request as he is a resident in the area and has concerns with mixing residential and commercial, and the impact of traffic. Councilmember Cole expressed opposition to the request because this proposed rezoning does not agree with our City's Comprehensive Plan. 444 illefititli kNZALEZ ALFREDOt MINERVA 0_ 1 OAKBROOK HOMEOWNERS ASSOC' `- LOBELLA ANNETTE M 4.NIA4IINTOWN111:17441•SA.,� % �'W iv `� BAYTEX MORTGAGE INC No AV #1 4 ,SELLERS JOSEPH '���� / *P#1 _ 416UBJEC711t BAYTEX MORTGAGE INIP. •� � V*4 PROPERTY 200 NOTIFICATION LIMITS- ,•- WHISTLER MILDRED OWNERSHIP MAP Zone Change Application No. 1222 Owner/Applicant: Ricardo David/Danny Wright Change: R-1 - C 0 200 400 Feet PROP ID OWNER NAME R536260 WRIGHT DANNY A & DAVID RICARDO A RICARDO DAVID & DANNY WRIGHT R491947 OAKBROOK HOA%TRAVIS MANAGEMENT R536261 LOBELLA ANNETTE & KIMBRA & SERGIO WRIGHT R536262 BAYTEX MORTGAGE INC R218934 SELLERS JOEY R234544 GONZALEZ ALFREDO & MINERVA R218934 SELLERS JOEY R218999 WHISTLER MILDRED J R491947 OAKBROOK HOA%TRAVIS MANAGEMENT R491969 MINTON MELISSA A R536265 BAYTEX MORTGAGE INC ZONE CHANGE APPLICATION NO. 1222 Property Owner Notification List ADDRESS 1211 CRAWFORD DR 3726 SHELDON DR 75 PARKWAY PL 15818 CAMPFIRE 2915 MORNING GLORY DR 4580 S WAYSIDE DR 1615 OAK BROOK DR 4580 S WAYSIDE DR 3701 DIXIE FARM ROAD 75 PARKWAY PL 1601 OAK CHASE CT 2915 MORNING GLORY DR CITY ST ZIP CODE LEGAL DESCRIPTION FRIENDSWOOD TX 77546-2003 PEARLAND TX 77584 HOUSTON TX 77040-1008 FRIENDWOOD TX 77546 PASADENA TX 77503-4044 HOUSTON TX• 77087-1112 PEARLAND TX 77581-6601 HOUSTON TX 77087-1112 PEARLAND TX 77581-6223 HOUSTON TX 77040-1008 PEARLAND TX 77581 PASADENA TX 77503-4044 WESTFIELD ESTATES (A0070 WDC HALL), BLOCK 1, LOT 1 PROPERTY OWNER OAKBROOK SEC 1 (A70 WDC HALL), RES C-F, ACRES .387 WESTFIELD ESTATES (A0070 WDC HALL), BLOCK 1, LOT 2 WESTFIELD ESTATES (A0070 WDC HALL), BLOCK 1, LOT 3 JENKINS (A70 WDC HALL), LOT 86, SELLERS, ACRES 9.783 OAKBROOK SEC 1 (A70 WDC HALL), RES A; ACRES 1.403 JENKINS (A70 WDC HALL), LOT 86, SELLERS, ACRES 9.6856 JENKINS (A0070 W D C HALL), LOT 85, ACRES 1.9026 OAKBROOK SEC 1 (A70 WDC HALL), RES C-F, ACRES .387 OAKBROOK SEC 1 (A0070 W D C HALL), BLOCK 3, LOT 5 WESTFIELD ESTATES (A0070 WDC HALL), BLOCK 1, LOT 6 ZONING MAP Zone Change Application No. 1222 Owner/Applicant: Ricardo David/Danny Wright Change: R-1 - C N W+E s 0 200 400 Feet 11111 I SUBJECT; PESO- P_Ei3TY.'_ FUTURE LAND USE PLAN Zone Change Application No. 1222 Owner/Applicant: Ricardo David/Danny Wright Change: R-1 - C W+E 0 200 400 Feet 11111