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Ord. 509-777 05-23-05ORDINANCE NO. 509-777 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 2.00 ACRES OF LAND OUT OF LOT 5-B, OF THE F.B. DRAKE SURVEY, ALSO KNOWN AS THE H.T. & B.R.R. COMPANY SURVEY, SECTION 14, ABSTRACT 509, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF MCLEAN ROAD, AND SOUTH OF MAGNOLIA STREET) (APPLICATION NO. 1221) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JAMES AND KATE HARRISON, 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, James and Kate Harrison, owners, filed on February 7, 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 18th day of April, 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 29th day of April, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by James and Kate Harrison, owner, whereby the Commission recommended approval of the change of classification for the described 1 ORDINANCE NO. 509-777 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 May 9, 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 James and Kate Harrison, 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 Suburban Development District (SD) is hereby zoned to Single Family District (R-1), such property being more particularly described as: 2.00 acres of land out of Lot 5-B, of the F.B. Drake Survey, also known as the H.T. & B.R.R. Company Survey, Section 14, Abstract 509, City of Pearland, Brazoria County, Texas (Generally Located on the West Side of McLean Road, and South of Magnolia Street) 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 2 ORDINANCE NO. 509-777 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. 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. 3 ORDINANCE NO. 509-777 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this gth day of May , 2005. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day of May , 2005. ATTEST: f UNG di `II , T7 C TY S'PRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 TOM REID MAYOR Please check one: APPLICATION FOR A CHANGE IN ZONING 5 City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com [Change in Zoning Classification from:to: ❑ Specific Use Permit Request for : (list current zoning) (list proposed zoning) (list proposed use) Property Information: Address: M C Lea rt ROO oy Tax Account No. Subdivision: Lot: 5 6 Block: "Attach a copy of the metes and bounds description, survey, or legal description** Current use of property (type of structures on property): e,,1 Cinl Future/proposed use of property and reason for zone change: dknvk t PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:, NAME --A , ', - 1 ��50 ANAME ii ADDRESS 440Ce 1imrYl ir C ADDRESS CITY S-k,C1a r La I'd ST ATE ( ZIP T74-ri CITY STATE ZIP PHONE( Z& l ) 4614 - 12i 9 - PHONE( ) FAX( ) FAX( ) E-MAIL ADDRESS jA v ‹. a {, (%4i t E-MAILiS - z 011 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 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: 2- /ol Agent's Signature: Date: OFFICE USE ONLY: FEES —pp DATE RECEIVED APPLICATION PAID: p('� '— PAID: . ah�OS BY: NUMBER: APPLICATION IS CONSIDERED INCOMPL WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND NE APPLICATION FEE*** Updated 10-29-04 MAG LIA-ST SUBJECT PROPERTY _ COLONIAL DR - m m r- z ©b NV319W CONFEDERATE DR - I CABOT COVEDl3 / ,I D MAHEJAN CT LOCATION MAP Zone Change Application No. 1221 W+E 0 200 400 Feet liiil I Map Prepared on April 4, 2005 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties (g?1 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 , -2 20 No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 0 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 day of ✓ c A 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 APPUCATION NO. 1221 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 James and Kate Harrison, owners, 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), on the following described property, to wit: 2.00 acres of land out of Lot 5-B, of the F.B. Drake Survey, also known as the N.T. & B.R.R. Company Survey, Section 14, Abstract 509, City of Pearland, Brazoria County, Texas (Generally Located on the West Side of McLean Road, and South of Magnolia Street) At said hearing all interest- ed partiesshall 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 cd"` 20 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this /d 20 (26 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 President day of Y)1/(4C,4) Laura Ann Emmons, Publisher Notary Public, State of Texas h 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. 1221 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, Hams 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 James and Kate Harrison, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) 10 Single Family Dwelling District (R- 1), on the following described property, to wit: 2.00 acres of land out of Lot 5-B, of the F.B. Drake Survey, also known as the H.T. & B.R.R. Company Survey, Section 14, Abstract 509, City of Pearland, Brazoria County, Texas (Generally Located on the West Side of McLean Road, and South of Magnolia Street) 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 & Zoning Commission Recommendation Letter April 28, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1221, a request by James and Kate Harrison, owners, 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) Honorable Mayor and City Council Members: At their regular meeting of April 18, 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: 2.00 acres of land out of Lot 5-B, of the F.B. Drake Survey, also known as the H.T. & B.R.R. Company Survey, Section 14, Abstract 509, City of Pearland, Brazoria County, Texas General Location: Generally Located on the West Side of McLean Road, and South of Magnolia Street Commission Member Iocco made a motion to recommend approval of the zone change request, which was seconded by Commission Member Ransom. No further discussion occurred. The motion to approve was passed 7 — 0. The zone change was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Recommendation Letter, 05/09/05 City Council Meeting, Zone Change Application No. 1221 Page 1 of l 200' NOTIFICATION LIMITS MENDEZ HERLINDA V SUBJECT PROPERTY' MONTGOMERY JERRELL W RODRIGUEZ ABEL C LENNAR HOMES OF TEXAS LAND & CONSTRUC TUCKER NANCY PUTZ TUCKER NANCY PUTZ z GONF-EDETE-DR-—— — — — — -- OWNERSHIP MAP Zone Change Application No. 1221 W s 0 200 400 Feet It'll Map Prepared on April 4, 2005 PROP ID OWNER R197397 R197396 R197394 R197393 R197392 R197391 R197398 R176095 R176110 R176108 R536345 R536344 R536336 R197395 R536343 R536342 R176023 TUCKER NANCY PUTZ TUCKER NANCY PUTZ MILES ARCHIE L&MARUTH MILES FAM TR MILES ARCHIE L&MARUTH MILES FAM TR COLE HAZEL JAMES AND KATE HARRISON ADAMS CLIFF F II THEVANH OUNHEUANE M & LINH RODRIGUEZ ABEL C BAILEY HERRING BURL%KIRK E BAILEY MONTGOMERY JERRELL W CABOT COVE LP GMAC MODEL HOME FINANCE INC CABOT COVE LP SOMMERFIELD JOYCE PUTZ LENNAR HOMES OF TEXAS LENNAR HOMES OF TEXAS MENDEZ HERLINDA V ZONE CHANGE APPLICATION NO. 1221 Property Owner Notification List ADDRESS 4966 COUNTY ROAD 937E 4966 COUNTY ROAD 937E 5109 COLONIAL DR 5109 COLONIAL DR 5125 COLONIAL DR 4406 ZIMMERLY COURT 5201 COLONIAL DR 3901 SPRING CIRCLE DR E 5206 MAGNOLIA ST 200 W SUNNY ISLE ST #204A 5202 MAGNOLIA ST 13014 THATCHER DR , 6802 PARAGON PLACE PAR II SUITE 350 13014 THATCHER DR 212 E MOUNTAIN RD 550 GREENS PKWY STE 200 550 GREENS PKWY STE 200 2603 LONGWOOD ST CITY ALVIN ALVIN PEARLAND PEARLAND PEARLAND SUGARLAND PEARLAND PEARLAND PEARLAND S PADRE ISLE PEARLAND HOUSTON RICHMOND HOUSTON WIMBERLEY HOUSTON HOUSTON PEARLAND ST ZIP CODE LEGAL DESCRIPTION TX 77511-1379 TX 77511-1379 TX 77584-7078 TX 77584-7078 TX 77584-7078 TX 77479 TX 77584-7080 TX 77584-9385 TX 77584-9041 TX 78597-6719 TX 77584-9041 TX 77077-5506 VA 23230 TX 77077-5506 TX 78676-9507 TX 77067-4538 TX 77067-4538 TX 77581-5800 COLONIAL EST (A0509 H T & B), BLOCK 1, LOT 10 COLONIAL EST (A0509 H T & B), BLOCK 1, LOT 9 COLONIAL EST (A0509 H T & B), BLOCK 1, LOT 7 COLONIAL EST (A0509 H T & B), BLOCK 1, LOT 6 COLONIAL EST (A0509 H T & B), BLOCK 1, LOT 5 PROPERTY OWNER COLONIAL EST (A0509 H T & B), BLOCK 1, LOT 3-4 COLONIAL EST (A0509 H T & B), BLOCK 1, LOT 11 RICHLAND ACRES LT 4B 509 H T & B, ACRES 4.9243 A0509 H T & B R R, TRACT 5B, ACRES 5.000 A0509 H T & B R R, TRACT 4, ACRES 2.000 CABOT COVE SEC 1 (A0508 HT&B), BL 1, LOT 4 CABOT COVE SEC 1 (A0508 HT&B), BL 1, LOT 3 CABOT COVE 1 (A0508 HT&B), A-D, ACRES 0.430 COLONIAL ESTATES (A0509 H T & B), BL 1, LOT 8 CABOT COVE SEC 1 (A0508 HT&B), BL 1, LOT 2 CABOT COVE SEC 1 (A0508 HT&B), BL 1, LOT 1 LT 1 508 H T & B PEARLAND, ACRES 29.110 JOINT PUBLIC HEARING DRAFT MINUTES Excerpt from Minutes of 04/18/05 Joint Public Hearing B. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1221 A request by James and Kate Harrison, owners, 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), on the following described property, to wit: Legal Description: 2.00 acres of land out of Lot 5-B, of the F.B. Drake Survey, also known as the H.T. & B.R.R. Company Survey, Section 14, Abstract 509, City of Pearland, Brazoria County, Texas. General Location: Generally Located on the West Side of McLean Road,, and South of Magnolia Street. r Planning & Zoning Chairperson Ruby Sandars read the purpose into the record. Planner 1 Diana DuCroz presented the Staff Report. The applicant was present but did not wish to speak. There were no persons to speak against the proposed zone change request. There was no Council/Planning Commission/Staff discussion. The Public Hearing for Zone Change Application No. 1221 was adjourned at approximately 7:00 p.m. JOINT PUBLIC HEARING AGENDA ITEM MEETING OF APRIL 18, 2005 Zone Change Application No. 1221 TO: City Council Planning and Zoning Commission SUBJECT: A request by James and Kate Harrison, owners, 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 2.00 acres of land out of Lot 5-B, of the F.B. Drake Survey, also DESCRIPTION: known as the H.T. & B.R.R. Company Survey, Section 14, Abstract 509, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Generally Located on the West Side of McLean Road, and South of Magnolia Street APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: April 18, 2005 City Council for First Reading: May 9, 2005 City Council for Second Reading: May 23, 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. ZCA No. 1221R Page 1 SURROUNDING ZONING AND LAND USES: Zoning North Single Family Dwelling District (R-2); Suburban Development District (SD) South Suburban Development District (SD); Single Family Dwelling District (R-1) East Single Family Dwelling District (R-2) West Suburban Development District (SD) Land Use Single family residence Undeveloped tract Undeveloped tract Undeveloped tract 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 in its present configuration meets these minimum requirements, as the subject property is approximately 120 feet wide and approximately 2.00 acres in size. The subject property currently is zoned as two difference zoning districts, SD and R-2. The reason for the split is that the front portion zoned as R-2 was annexed into the City in the 1960's and was zoned as R-2 in 1986 when the Original Zoning Map was adopted. The back portion of the subject property was annexed into the City in 1997 and was subsequently zoned as SD. PLATTING STATUS: It appears that the subject property has not yet been platted in accordance with the Subdivision Ordinance. The applicant will be required to submit a subdivision plat for the subject property, subject to review by the City and approval by the Planning and Zoning Commission. The plat will need to be filed for record with the County Clerk, prior to issuance of a building permit for the subject property. CONFORMANCE TO THE COMPREHENSIVE PLAN: Due to the two zoning districts that exist on the subject property, the Comprehensive Plan recommends two different land uses for the subject property. The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "Medium Density Residential" for the front portion of the property along McLean Road, and "Low Density Residential" for the back portion of the subject property. 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 ZCA No. 1221R Page 2 Family Dwelling District (R-1), and the appropriate zoning districts for "Medium Density Residential" are the Single Family Dwelling Districts R-2, R-3, and R-4. It appears that the subject property was given these two different land use designations due to the existing zoning for these properties that existed at the time that the Comprehensive Plan was evaluated. It is Staff's opinion that the proposed R-1 zoning district conforms to the Comprehensive Plan designation for this property, as it provides for a lower density. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on McLean Road, a major collector street with an ultimate right-of-way of 80 feet, that is to be widened in the future as necessary. Additional right-of-way for McLean Road may be required during platting. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: An 8 inch water main currently exists in McLean Road. Sanitary. sewer service is available in the form of a force main and a gravity main in McLean Road. Utility service for the subject property will be subject to review and approval as part of the Building Permit Application process. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Many of the Tots in the vicinity of the subject tract are zoned for single family residences, as R-1 or R-2. Some of the lots that are still zoned as SD are developed with single family residences. Therefore, the proposed zoning for R-1 is consistent with existing development and 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 ZCA No. 1221R Page 3 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. 1221R Page 4 er ZONING MAP Zone Change Application No. 1221 W E 0 200 400 Feet l 1 1 1 1 I Map Prepared on April 4, 2005 FUTURE LAND USE PLAN Zone Change Application No. 1221 N W+E s 0 200 400 Feet Iiiil I Map Prepared on April 4, 2005