Ord. 509-776 05-23-05ORDINANCE NO. 509-776
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 19.88 ACRES OF LAND OUT OF W
T DODSON SURVEY, BLOCK 1, TRACT B1-E-E1, ABSTRACT 187, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE WEST SIDE OF STONE ROAD, AND NORTH OF BROOKSIDE ROAD)
(APPLICATION NO. 1225) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DWELLING DISTRICT (R-E) AT THE REQUEST OF MICHAEL ZINGALIS,
APPLICANT FOR KATHERINE URBANEK, 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, Michael Zingalis, applicant for Katherine Urbanek, owner, filed on
March 14, 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 Michael Zingalis, applicant for Katherine Urbanek,
owner, whereby the Commission recommended approval of the change of classification
1
ORDINANCE NO. 509-776
for the described property from its existing classification of Suburban Development
District (SD) to Estate Lot Single Family Dwelling District (R-E); 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 Michael Zingalis, applicant for Katherine Urbanek, 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:
I .
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 Estate Lot Single Family District (R-E), such property being
more particularly described as:
19.88 acres of land out of W T Dodson Survey, Block 1, Tract B1-E-E1, Abstract
187, City of Pearland, Brazoria County, Texas (Generally Located on the West Side
of Stone Road, and North of Brookside Road)
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. 509-776
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. 509-776
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of
May , 2005.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
23rd day of May , 2005.
ATTEST:
UNG
TY S RETAR
APPROVED AS TO FORM:
r� Car.--_
DARRIN M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
Change in Zoning Classification from:
to:
(list current zoning)
❑ Specific Use Permit Request for : �..
Property Information:
Address: / / '`t ��1; ,/;(
Subdivision:
WT "DOdson,
(list proposed use)
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
) /-
(list proposed zoning)
Tax Account No. O / 8'% - OO/ (n 300
A l g q Lot:
/°. do l.ra
** Attach a copy of the metes and bounds description, survey, or legal description**
Block: -Z-
Current use of property
(type of structures on property): C e' )4,4a
Future/proposed use of property and reason for zone change:
•1 e (_�(�
Trac+61 -e1
PROPERTY OWNER INFORMATION:
NAME k14ki,r';
ADDRESS 5 y/ 7
CITY 6reci`5< < ' �� '� t STATE 1,(7 ZIP % 7 S
PHONE(:--N / ) `/r F( S (-I
FAX( -�1 / ) // -
E-MAIL ADDRESS
APPLICANT INFORMATION:
NAME/%�,1�f l'•/U'
ADDRESS Z816 f I/>. /7 1(
CITY % ,uric)-, STATE'?c
PHONE( ".3 Z ) 6 c s 7 ?-
FAX( 7/3 ) S3 - 0 (i'Si
E-MAIL ADDRESS fli Zil) c, �, �" `cc ✓ m..
ZIP 77cSf
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:
Agent's Signature:
i74,
Date: <.
Date: 2 - / —� S
OFFICE USE ONLY:
FEES �-7 �-, �- ��
PAID: 1 I
DATE // VO
PAID:
RECEIVED
BY: LLB
APPLICATION NUMBER: I r
Q( , 1)
***APPLICATION IS CONSIDERED INCOMP WITHOUT A METES AND BOUNDS
DESCRIPTION OR SURVEY AND E APPLICATION FEE***
Updated 10-29-04
LOCATION MAP
Zone Change Application
No. 1225
N
W+E
s
0 300 600 Feet
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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
Prep- ►aa5
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:
No. / Date 3' - -?U 20 0.5-.
No Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 0-S-
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
.P/ day ofQ 4tCI
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published March 30 and
April 6, 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. 1225
Notice is hereby given that
an April 18, 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
Michael Zingalis, applicant
for Katherine Urbanek,
owner, for an amendment
to the Land Use and Urban
Development Ordinance of
said City from cIase!ication
Suburban Development
District (SD) to Estate Lot
Single Family Dwelling
District (R-E), on the follow-
ing described property, to
wit:
19.88 acres of land out of W
T Dodson Survey, Block 1,
Tract B1-E-E1, Abstract
187, City of Pearland,
Brazoria County, Texas
(Generally Located on the
West Side of Stone Road,
and North of Brookside
Road)
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
vr
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
20 D�
No. Date
20
No. Date
20
No. Date
20
No. Date
SJbscribe and sworn to before me this
20
•
•
•
•
•
•
•
LAURA ANN EMMONS
Notary Public. State of Texas
Commission Expires 09-09-2006
•'••0.•an•••.•.••• •-• •. ••.•v•••• ••••.• • • •
20
President
day°of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published March 30 and
April 6, 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. 1225
Notice is hereby given that
on April 18, 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
Michael Zingalis, applicant
for Katherine Urbanek,
owner, for an amendment
to the Land Use and Urban
Development Ordinance of
said City from classification
Suburban Development
District (SD) to Estate Lot
Single Family Dwelling
District (R-E), on the follow-
ing described property, to
wit:
19.88 acres of land out of W
T Dodson Survey, Block 1,
Tract B1-E-E1, Abstract
187, City of Pearland,
Brazoria County, Texas
(Generally Located on the
West Side of Stone Road,
and North of Brookside
Road)
At said healing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Senior Planner
Planning & 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. 1225, a request by Michael
Zingalis, applicant for Katherine Urbanek, owner, for an amendment to the Land
Use and Urban Development Ordinance of said City from classification Suburban
Development District (SD) to Estate Lot Single Family Dwelling District (R-E)
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
Estate Lot Single Family Dwelling District (R-E) on the following property:
Legal Description: 19.88 acres of land out of W T Dodson Survey, Block 1,
Tract B1-E-E1, Abstract 187, City of Pearland, Brazoria
County, Texas
General Location: Generally Located on the West Side of Stone Road, and
North of Brookside Road
Commission Member Greiner 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. 1225
Page I of 1
------DAGGRD------ — — — — — — —
— — KILNAR— — — — •�
200'"NOTIFICATI
LIMITS
HARRIS COUNTY
SUTHERLAND REVOCABLE LIVING TRUST
SUBJECT`PROPERTY-
GEHRINGJOHNN'
riON BORG ALVIN A & SHARON
DANZ SUZANNE FAYE
' \Ir
A A,
�I I
SUTHERLAND BYRON STEPHEN
WHITE KERRY L & EVELYN
WHITE KERRY L & EVELYN
THOMSONRH&MD
JOHNSTON AUDREY STONE
,1 HAYNES LEE WILLIE & MARION
�u
STONE EARL G ( MAHONEY MARY ANN
MAHONEY MARY ANN
OWNERSHIP MAP
Zone Change Application
No. 1225
W+E
0 300 600 Feet
li�1l I
Map Prepared on April 4, 2005
PROP ID
R175789
R175826
R163684
R163684
R175805
R175805
R163683
R163670
R163687
R163690
R175829
421040000016
R163684
R175827
R163681
R163687
R175768
R163681
OWNER
GEHRING JOHN H
DANZ SUZANNE FAYE
URBANEK PAUL A
URBANEK PAUL A
WHITE KERRY L & EVELYN
WHITE KERRY L & EVELYN
STONE EARL G
JOHNSTON AUDREY STONE
HAYNES LEE WILLIE & MARION
SUTHERLAND REVOCABLE LIVING TRUST
BORG ALVIN A & SHARON
HARRIS COUNTY CULLEN RD PARKSITE
MICHAEL ZINGALIS
URBANEK PAUL A
SUTHERLAND BYRON STEPHEN
MAHONEY MARY ANN
HAYNES LEE WILLIE & MARION
THOMSON R H & M D
MAHONEY MARY ANN
ZONE CHANGE APPLICATION NO. 1225
Property Owner Notification List
ADDRESS
1241 STONE RD
1357 STONE RD
5417 BROOKSIDE RD
5417 BROOKSIDE RD
2423 GREEN TEE DR
2423 GREEN TEE DR
5310 ROCKLAND DR
2309 SAN ANTONIO ST
8033 BROOKSIDE RD
2458 COUNTRY CLUB DR
1405 STONE RD
14900 CULLEN BLVD
2816 HOLLY HALL
5417 BROOKSIDE RD
514 SNUG HARBOR DR
PO BOX 451853
8033 BROOKSIDE RD
7730 THOMSON ST
PO BOX 451853
CITY
ST ZIP CODE
PEARLAND TX
PEARLAND TX
BROOKSIDE VL TX
BROOKSIDE VL TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
HOUSTON TX
HOUSTON TX
BROOKSIDE VL TX
LIVERPOOL TX
HOUSTON TX
PEARLAND TX
PEARLAND TX
HOUSTON TX
77581-8070
77581-8071
77581-7973
77581-7973
77581-5014
77581-5014
77584-1207
77581-4033
77581-7310
77581-5002
77581-8073
77047
77054
77581-7973
77577-9762
77245-1853
77581-7310
77581-7708
77245-1853
LEGAL DESCRIPTION
A0505 H T & B R R, TRACT 1A, ACRES 1.000
A0505 HT&BR R, TRACT 1, ACRES 3.000
A0187 W T DODSON, BL 1, TR B1-E-E1, ACRES 19.880
A0187 W T DODSON, BL 1, TR B1-E-E1, ACRES 19.880
A0505 H T& B R R, TRACT 2-2A, ACRES 10.000
A0505 H T& B R R, TRACT 2-2A, ACRES 10.000
A0187 W T DODSON, BLOCK 1, TRACT A1A, ACRES 12.000
A0187 W T DODSON, BLOCK 1, TRACT D1-D2, ACRES 11.880.
A0187 W T DODSON, BL 1, TR CIA-D2A-D3, ACRES 9.880
A0187 W T DODSON, BLOCK 1, TRACT F, ACRES 8.880
A0505 HT&BR R, TRACT 1B
LTS 16 17 18 22 23 A243, W T DODSON
APPLICANT
A0187 W T DODSON, BLOCK 1, TRACT B1-E-E1, ACRES 19.880
A0505 H T & B R R, TRACT 1 E, ACRES 0.500
A0187 W T DODSON, BLOCK 1, TRACT B-C1-D, ACRES 17.824
A0187 W T DODSON, BL 1, TR C1A-D2A-D3, ACRES 9.880
A0505 H T & B R R, TRACT 3 (PT), ACRES 1.000
A0187 W T DODSON, BL 1, TR B-C1-D, ACRES 17.824
JOINT PUBLIC HEARING
DRAFT MINUTES
Excerpt from Minutes of 04/18/05 Joint Public Hearing
A. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1225
A request by Michael Zingalis, applicant for Katherine Urbanek, owner, for an amendment to the
Land Use and Urban Development Ordinance of said City from classification Suburban
Development District (SD) to Estate Lot Single Family Dwelling District (R-E)", on the following
described property, to wit:
Legal Description: 19.88 acres of land out of W T Dodson Survey, Block 1, Tract B1-E-E1,
Abstract 187, City of Pearland, Brazoria County, Texas.
General Location: Generally Located on the West Side of Stone Road, and North of Brookside
Road.
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.
P & Z Chairperson Sandars asked whether the property is large enough for more than one home.
Planner 1 Diana DuCroz clarified that it is large enough for more than one lot, but would have to be
subdivided. There was no other discussion.
The Public Hearing for Zone Change Application No. 1225 was adjourned at 6:40 p.m.
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF APRIL 18, 2005
Zone Change Application No. 1225
TO: City Council
Planning and Zoning Commission
SUBJECT:
A request by Michael Zingalis, applicant for Katherine Urbanek,
owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from classification
Suburban Development District (SD) to Estate Lot Single Family
Dwelling District (R-E)
rLEGAL 19.88 acres of land out of W T Dodson Survey, Block 1, Tract
DESCRIPTION: B1-E-E1, Abstract 187, City of Pearland, Brazoria County, Texas
GENERAL
LOCATION:
Generally Located on the West Side of Stone Road, and North
of Brookside Road
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 1998 and
subsequently zoned SD. The subject property is currently undeveloped.
The applicant has indicated that they plan to construct a single family residence or several
residences on the subject property if the zone change is approved.
ZCA No. 1225
Page 1
SURROUNDING ZONING AND LAND USES:
Zoning
North Single Family Dwelling District
(R-1)
South Suburban Development
District (SD)
East Single Family Dwelling District
(R-1); Suburban Development
District (SD)
West
Suburban Development
District (SD); Parcels outside
the City Limits (ETJ)
Land Use
Single family residence
Single family residence
Single family residence
Undeveloped tract
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
applicant is requesting an R-E zoning district. The minimum lot size for the R-E district is
21,780 square feet and the minimum lot width is 120 feet. The subject property in its
present configuration meets these minimum requirements, as the subject property is
approximately 615 feet wide and approximately 20.00 acres in size. Any future subdividing
of the subject property will be required to comply with the minimum lot size and lot width for
R-E.
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: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "10,000 Square Foot Lots — Suburban
Residential" for the subject property and for many of the surrounding properties on Stone
Road. The Comprehensive Plan further indicates that the appropriate zoning districts for
"10,000 Square Foot Lots — Suburban Residential" is a new residential district with lots of
10,000 square feet in size, that is to be created as part of the Unified Development Code.
Therefore, since the proposed zone change provides for lots larger than 10,000 square
feet, the proposed zone change conforms to the Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Stone Road, a major collector street with an ultimate right-of-way of 80 feet, that is to be
ZCA No. 1225
Page 2
widened in the future as necessary. Additional right-of-way for Stone Road may be
required during the platting of the property.
No other roadways affect the subject property.
AVAILABILITY OF UTILITIES: There is currently no City water or sewer service available
for the subject property. 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 lots in the vicinity of
the subject tract are zoned for single family residences, as R-1. Some of the lots that are
still zoned as SD are developed with single family residences. Therefore, the proposed
zoning for R-E is consistent with existing development and zoning districts within the area.
PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners
within 200eet 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-E, as
proposed by the applicant, for the following reasons:
1. The proposed zone change provides for lots larger than the "10,000 Square Foot
Lots — Suburban 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. 1225
Page 3
ZONING MAP
Zone Change Application
No. 1225
w
s
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0 300
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600 Feet
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Map Prepared on April 4, 2005
FUTURE LAND USE PLAN
Zone Change Application
No. 1225
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Map Prepared on April 4, 2005