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Ord. 509-786 07-11-05 FailedFAILED 07-11-05 ORDINANCE NO. 509-786 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 0.5238 ACRES OF LAND OUT OF LOT 1 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 10, TRACT 1 E, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 505, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF STONE ROAD, AND SOUTH OF BROOKSIDE ROAD) (APPLICATION NO. 1233) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO NEIGHBORHOOD SERVICE DISTRICT (NS) AT THE REQUEST OF BYRON STEPHEN SUTHERLAND, 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, Byron Stephen Sutherland, owner, filed on May 31, 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 20th day of June, 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 1st day of July, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Byron Stephen Sutherland, owner, whereby the 1 ORDINANCE NO. 509-786 Commission recommended denial of the change of classification for the described property from its existing classification of Suburban Development District (SD) to Neighborhood Service District (NS); 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 July 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 Byron Stephen Sutherland, 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 Neighborhood Service District (NS), such property being more particularly described as: 0.5238 acres of land out of Lot 1 of the Allison Richey Gulf Coast Home Company Subdivision of Section 10, Tract 1 E, H.T. & B.R.R. Company Survey, Abstract 505, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Stone Road, and South 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 2 ORDINANCE NO. 509-786 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. 509-786 VI1. 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 APPLICATION FOR A CHANGE IN ZONING Please check one: City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com a Change in Zoning Classification from:j,,.;h, , elAyAkilto: (list current zoning) (list proposed zoning) MI Specific Use Permit Request for : (list proposed use) Property Information: Address: 2/ • p,<ir Tax Account No. Q ;6i$" //E` Subdivision: 4 i f hkr �, //-7)& 4;/- tl m, (!o Lot: / Block: ** Attach a copy of the metes and bounds description, survey, or legal description** Current use of property / / , ./�,(type of structures on property): -7/ Ffr,7i/z,e<1,b7/i' Future/proposed use of property and reason ,- iJfor zone change: 7?) G'e V-7// ,S,•,,c1c,,,1 tc►� 1 �,» s��� ecrex,J A6, ,,oy.-//(r'it) :;re'7lIear'S.4"1-- J //%4_ 5-1f^44071� ,�/� �tr !C'T. PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME 4 roi7 J` c/f/NAME ADDRESS ,j%1/ �rj�) cr�►�i �,iur° ADDRESS CITY/i .,72,7l�� STATE T ' ZIP -7 7 5' 2 7 CITY STATE ZIP PHONE( ,,2.5%/) < / ->2 �'G" PHONE( FAX( 02 f'/) S-bf/ _ ? Ca �o 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 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: _5'-/,2 - 25" Agent's Signature: Date: OFFICE USE ONLY: PAID II - 1 a � PAID: I DATE 43►, O S BYCEIVED L. I NUMBER: i 3 FEES ***APPLICATION IS CONSIDERED INCOMPLE�;fWITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND THE APPLICATION FEE*** Updated 10-29-04 VOIONIIII SUBJECT PROPERTY LOCATION MAP Zone Change Application No. 1233 N W+E S 0 200 400 Feet I'i11 I Map Prepared on June 1, 2005 AFFIDAVIT OF PUBLICATION tippia33 The Pearland Reporter News 2404 South Park 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: No. % Date 6 - / 20 0 C No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 200$ Liao pNNS OWNS Notary ssoo1a of tex.a. s CortymExoktes 09-09-20 .06. day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published June 1 and June 8,2005 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. 1233 Notice is hereby given that on June 20, 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 Byron Stephen Sutherland, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: 0.5238 acres of land out of Lot 1 of the Allison Richey' Gulf Coast Home Company Subdivision of Section 10, Tract 1E, H.T. & B.R.R. Company Survey, Abstract 505, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Stone Road, on South 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 Epp. 1a33 The Pearland Reporter News 2404 South Park 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: No / Date Co - g 20 No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe andsworn to before me this 20PC s • 4k i'f*: 0•• • -s art gyy LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Publishe 1 June 1 and June 8, 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. 1233 Notice is hereby given that on June 20, 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 Libe�}� Drive, Pearland, Texa9, on the request of Byron Stephen Sutherland, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to General Business District (GB), on the following described property, to wit: 0.5238 acres of land out of Lot 1 of the Allison Richey Guff Coast Home Company Subdivision of Section 10, Tract 1E, H.T. & B.R.R. Company Survey, Abstract 505, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Stone Road, ,on South of Brookside gi+Esaid hearing all interest- e8 pqRrties. shall have the rai btti�iaand opportunity to ppear and be heard on the subject. /s/Theresa Grahmann Senior Planner Planning & Zonin Commission Recommendation Letter July 1, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1233, a request by Byron Stephen Sutherland, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Neighborhood Service District (NS) Honorable Mayor and City Council Members: At their regular meeting of June 20, 2005, the Planning and Zoning Commission considered the request for a zone change from Suburban Development District (SD) to Neighborhood Service District (NS), on the following property: Legal Description: 0.5238 acres of land out of Lot 1 of the Allison Richey Gulf Coast Home Company Subdivision of Section 10, Tract 1 E, H.T. & B.R.R. Company Survey, Abstract 505, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Stone Road, and South of Brookside Road Commission Member Greiner made a motion to recommend approval of the zone change request, which was seconded by Commission Member Ransom. The motion to approve failed 0 — 6. The zone change was recommended for denial by the Planning and Zoning Commission. The Commission stated the following reasons for the denial of the zone change application: 1. The proposed zone change for NS does not conform to the "Low Density Residential" land use designation as recommended by the Comprehensive Plan. Agenda Request 1233 Page 3 of 4 2. The proposed zone change for NS is inconsistent and incompatible with existing R-1 residential districts and single family residential land uses within the subject area. 3. The proposed zone change for NS has the potential to cause negative impact on the surrounding residential land uses by introducing an increase in traffic, service vehicles, noise, as well as other impacts brought about by non-residential land uses. Sincerely, Planning and Zoning Commission Agenda Request 1233 Page 4 of 4 SUTHERLAND REVOCABLE LIVING TRUST OWNERSHIP MAP N W�E Zone Change Application No.. 1233 0 200 400 Feet 11 1 1 1 Map Prepared on June 1, 2005 PROP ID OWNER R175826 DANZ SUZANNE FAYE R163684 URBANEK PAUL A R175805 WHITE KERRY L & EVELYN R175805 WHITE KERRY L & EVELYN R163690 SUTHERLAND REV LIV TR%BYRON C SUTHERLAND R175829 BORG ALVIN A & SHARON R175827 SUTHERLAND BYRON STEPHEN ZONE CHANGE APPLICATION NO. 1233 Property Owner Notification List ADDRESS 1357 STONE RD 5417 BROOKSIDE RD 2423 GREEN TEE DR 2423 GREEN TEE DR 2458 COUNTRY CLUB DR 1405 STONE RD 514 SNUG HARBOR DR CITY ST ZIP CODE LEGAL DESCRIPTION PEARLAND TX 77581-8071 BROOKSIDE VL TX 77581-7973 PEARLAND TX 77581-5014 PEARLAND TX 77581-5014 PEARLAND TX 77581-5002 PEARLAND TX 77581-8073 LIVERPOOL TX 77577-9762 A0505 HT&BR R, TRACT 1, ACRES 3.000 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 F, ACRES 8.880 A0505 HT& BR R, TRACT 1B A0505 H T & B R R, TRACT 1 E, ACRES 0.500 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JUNE 20, 2005 Zone Change Application No. 1233 TO: City Council Planning and Zoning Commission SUBJECT: A request by Byron Stephen Sutherland, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to General Business District (GB) LEGAL 0.5238 acres of land out of Lot 1 of the Allison Richey Gulf DESCRIPTION: Coast Home Company Subdivision of Section 10, Tract 1 E, H.T. & B.R.R. Company Survey, Abstract 505, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Generally Located on the East Side of Stone Road, and South of Brookside Road APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: June 20, 2005 City Council for First Reading: July 11, 2005 City Council for Second Reading: July 25, 2005 SUMMARY: The applicant has applied for a general business zoning district for the subject property. The subject property was annexed into the City in 1998 and was subsequently zoned SD. The subject property is currently developed with a small metal building used for heavy truck and auto repair. As Staff was reviewing the application for a change to General Business District, it was determined that the subject property did not meet the lot width of 150 feet required for the ZCA No. 1233 Page 1 general business district. The subject lot is approximately 110 feet wide. After informing the applicant of the lot width issue, the applicant requested that the zone change be revised to allow him to ask for a Neighborhood Service District (NS). The applicant has indicated that the purpose of the zone change is to allow for various uses, including office and classroom space for counseling, therapy, arts, industrial arts, yoga, and other similar uses. The ordinance states that the following uses are permitted within the NS district: arts supply store, medical clinic, professional office, personal custom services, health studio, and photographer or music studio. SURROUNDING ZONING AND LAND USES: North South East West Zoning Single Family Dwelling District (R-1) Suburban Development District (SD) Single Family Dwelling District (R-1) Suburban Development District (SD) Land Use Single family residence Mobile home; various buildings Undeveloped, but lot is part of the R- 1 tract to the north Undeveloped tract, but recently rezoned to Estate Lot Single Family Dwelling District (R-E) CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting a NS zoning district. The minimum lot size for the NS district is 12,500 square feet and the minimum lot width is 100 feet. The subject property in its present configuration meets these minimum requirements, as the subject property is 110 feet wide and is approximately 0.50 acres in size. PLATTING STATUS: Based on the legal description and survey submitted with the zone change application, it appears that the subject property has not been platted. The subject property will need to be platted in accordance with the Subdivision Ordinance, prior to issuance of a building permit. The plat will need to address all requirements listed in the Subdivision Ordinance, and be approved 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. ZCA No. 1233 Page 2 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 many of the surrounding properties on Stone Road and Brookside Road. 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 does not conform 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 widened in the future as necessary. Future McHard Road will be located south of the subject property. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: There is currently not any City water and sewer service available for the subject property, nor within close proximity to the subject property. During the review of the building permit application, utility service will be reviewed. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The requested zone change to Neighborhood Service District has the potential to cause negative impacts on the surrounding properties and residential lots within the subject area. There is an existing R- 1 tract to the north of the subject property, which is developed with a single family residence. The R-1 tract on the west side of Stone Road is also developed with a single family residence. Also, the tract directly to the west was recently approved for a zone change to R-E (not yet shown on the map) for the construction of a residential subdivision. The Comprehensive Plan designates the properties on both sides of Stone Road for residential uses. It is anticipated that these tracts will develop for residential uses in the future. During the evaluation of the Comprehensive Plan last year, Stone Road was one of the roads that was evaluated and discussed by the Steering Committee and Planning and Zoning Commission due to some non-residential uses within the area. However, there were not many non-residential uses along Stone Road, so it was determined that Stone Road should remain for residential uses. The Committee and the Commission wanted to keep Stone Road as residential, and limit the non-residential uses other major roadways within this overall area, such as Cullen Boulevard and future McHard Road. ZCA No. 1233 Page 3 Introducing a NS tract within this largely residential area could have a negative impact on the surrounding residential lots as well as the neighborhood as a whole. The proposed NS uses will bring in additional traffic, business, and noise that is associated with a non- residential uses. In addition to the uses proposed by the applicant, the NS district permits uses such as an automobile car wash, gasoline service station, new auto related use, and a range of retail, office, and business uses. It is anticipated that, due to the largely residential area surrounding the subject property on all sides, that the existing buildings will eventually be removed and the subject property will transition to single family residential lots for the construction of individual single family residences. If the zone change for NS is approved, the applicant may be responsible for the submittal of a traffic impact analysis (TIA) in order to determine the impact of the proposed development on adjacent roadways and adjacent properties, as well as the locations of driveways. The existing uses and buildings on the subject property are currently classified as non- conforming uses, but they can continue to operate and exist as long as the use is not changed, enlarged, discontinued, or removed. In January -February 2000, the applicant applied for a Commercial District for the same subject property, which was ultimately denied by the City Council due to many of the concerns discussed within this report. 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 NS, as proposed by the applicant, for the following reasons: 1. The proposed zone change for NS does not conform to the "Low Density Residential" land use designation as recommended by the Comprehensive Plan. 2. The proposed zone change for NS is inconsistent and incompatible with existing R- 1 residential districts and single family residential land uses within the subject area. 3. The proposed zone change for NS has the potential to cause negative impact on the surrounding residential land uses by introducing an increase in traffic, service ZCA No. 1233 Page 4 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. 1233 Page 5 ZONING MAP Zone Change Application No. 1233 N W+E 0 200 400 Feet 11111 s Map Prepared on June 1, 2005 FUTURE LAND USE PLAN Zone Change Application No. 1233 Low Density Residential 0 200 400 Feet liiil I Map Prepared on June 1, 2005