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2006-05-15 Planning and Zoning JPH No. 17Z AGENDA - JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD MAY 15, 2006, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER II. PURPOSE OF HEARING Zone Change No. 17Z A request by George Muthalaly, applicant for Morite V. Craven, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential — 3 District (R-3)to Neighborhood Service District (NS), on the following described property, to wit: Legal Description: 4.540 acres, being out of Tract 29, H.T. & B.R.R. Company Survey, Abstract 304, as recorded in Volume 976, Page 486, of the Deed Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Wooten Road, and Approximately 1,100 Feet North of FM 518 (Broadway Street) III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT B. APPLICANT PRESENTATION IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION VI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing, City Secretary, at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. JOINT PUBLIC HEARING AGENDA ITEM MEETING OF MAY 15, 2006 Zone Change No. 2006-17Z TO: City Council Planning and Zoning Commission SUBJECT: A request by George Muthalaly, applicant for Morite V. Craven, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification Single Family Residential — 3 District (R-3) to Neighborhood Service District (NS) LEGAL 4.540 acres, being out of Tract 29, H.T. & B.R.R. Company DESCRIPTION: Survey, Abstract 304, as recorded in Volume 976, Page 486, of the Deed Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas GENERAL Generally Located on the East Side of Wooten Road, and LOCATION: Approximately 1,100 Feet North of FM 518 (Broadway Street) APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: May 15, 2006* City Council for First Reading: June 12, 2006* City Council for Second Reading: June 26, 2006* (*dates subject to change if item is tabled) SUMMARY: The applicant is requesting a change in zoning on the subject property for a Neighborhood Service District(NS). The subject property is currently undeveloped. The applicant has indicated that they plan to use the subject tract for a mixed use office and retail development, as well as possibly a day care facility or private school. The subject property was previously zoned as Suburban Development District (SD) for several years. During the review of the Updated Zoning Map, which was approved by the JPH 05-15-06 2006-17Z Page 1 City Council on February 27, 2006, the subject property was changed from SD to Single Family Dwelling District (R-3), due to the existing and surrounding uses. SURROUNDING ZONING AND LAND USES: * surrounding zoning districts based on the new map adopted February 27, 2006 Zoning Land Use North Single Family Residential — 3 Single family residential lots within District (R-3) the Autumn Lake residential subdivision South Single Family Residential — 3 Detention pond; undeveloped land District (R-3) East Single Family Residential — 1 Undeveloped land; future detention District (R-1), with a Specific pond to serve the GB tract at the Use Permit for a detention corner pond West Single Family Residential — 3 Detention pond; Undeveloped land; District (R-3) Single family residence CONFORMANCE TO UNIFIED DEVELOPMENT CODE (UDC): The applicant is requesting an 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 currently meets these requirements, as the subject property is 248 feet wide along Wooten Road, and is approximately 4.54 acres in size. The applicant will be required to comply with all other requirements of the Unified Development Code. PLATTING STATUS: Based on the legal description submitted with the zone change application, it appears that the subject property has not been platted. The subject property may need to be platted in accordance with the Unified Development Code, Chapter 3, Subdivision Regulations, prior to issuance of a building permit. The plat will need to address all requirements listed in Chapter 3, 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. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 JPH 05-15-06 2006-17Z Page 2 update adopted on July 26, 2004) recommends "10,000 Square Foot Suburban Residential"for the subject property and for many of the surrounding properties, especially to the north and east sides of the subject property. The Comprehensive Plan further indicates that the appropriate zoning districts for "10,000 Square Foot Suburban Residential" is a new residential zoning district. At the time that the Comprehensive Plan was updated in 2004, it was intended that the City would create a SR-10 residential zoning district with a minimum lot size of 10,000 square feet. However, the SR-10 district was not created due to the existing R-1 district (8,800 square foot lot) and the proposed SR-12 zoning district(12,000 square foot lot). Nevertheless, the appropriate zoning district for the subject property would be SR-12 or R-1, or even the RE district (half-acre lot). Therefore, the proposed zone change for NS does not conform to the Comprehensive Plan designation of residential uses. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Wooten Road, a minor collector street with an ultimate right-of-way of 60 feet. Wooten Road extends from FM 518 northward, provides access to the Autumn Lakes subdivision, and creates a dead-end within the Autumn Lake subdivision. The Master Thoroughfare Plan does not indicate that Wooten Road would extend northward to Hughes Ranch Road. Therefore, during the review of a plat for the subject property, the extent of right-of-way dedication would be examined at that time. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: There is currently a 12 inch water line within Wooten Road. There is a 12 inch gravity main sanitary sewer line within Wooten Road. Availability and adequacy of utilities will be reviewed during the review of any subdivision plat or building permit applications submitted for the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The requested zone change to Neighborhood Service District (NS) has the potential to cause negative impacts on the surrounding properties and residential lots within the subject area. The property directly to the north of the subject property is zoned as R-3 and is currently developed with single family residential lots within the Autumn Lake residential subdivision. The property to the south is zoned R-3 but is developed with a detention pond. The tracts directly to the east and west are also zoned for residential uses. The detention pond to the south serves as a buffer between the Home Depot store to the south, which is currently zoned General Commercial District. The property to the east that is labeled on the zoning map as R-1 (S) is proposed to be a detention pond for the JPH 05-15-06 2006-17Z Page 3 commercial development at the intersection of Broadway Street and Miller Ranch Road. During the review of the zone change for that R-1(S)detention pond site,which occurred in 2004, there was significant discussion between the City Council and the Planning and Zoning Commission regarding the boundary between residential and non-residential uses within this overall area. The Future Land Use Plan is a good indicator of the boundaries between residential and non-residential uses. If the subject property is rezoned to non- residential, then the function of the detention pond as a buffer between the commercial and residential uses will no longer exist. There is an existing pipeline and pipeline easement that runs just south of the subject property. This pipeline easement is not located on the subject property, but on the property to the south. The detention pond on the south tract does not extend for the full size of that property. Therefore, in all previous discussions, it has been determined that the pipeline is the dividing line between residential and non-residential uses. Due to the surrounding R-3 and R-1 tracts that are currently undeveloped, it is anticipated that the subject property will develop for residential uses in accordance with its current zoning. Autumn Lakes has already developed several phases within the overall area. The subject property does appear to be large enough to develop to its current zoning of R-3. The minimum lot size for R-3 is 6,000 square feet, with minimum dimensions of 60 feet wide by 90 feet deep. The minimum size of a residential street is a 50 foot right-of-way. 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 district. The NS district, although a lesser intensive district as compared to General Business or Commercial, does permits a wide range of non-residential uses, such as retail, office, and business uses, as well as many other more uses by approval of a conditional use permit. The applicant did indicate on the Zone Change Application that they may be interested in developing a day care or private school on the subject property. A private school is a permitted use in the NS district. However, a day care center would require the approval of a Conditional Use Permit. If the zone change 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. Also, if the zone change is approved, the applicant or developer would be responsible for providing a landscape buffer and masonry wall along the property lines that are shared with residentially zoned properties, which would be on three sides, the north side, the south side, and the east side. 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 JPH 05-15-06 2006-17Z Page 4 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 "Suburban Residential" land use designation as recommended by the Comprehensive Plan. 2. The proposed zone change for NS is inconsistent and incompatible with existing R- 3 and R-1 residential districts and single family residential land uses within the subject area. 3. The proposed zone change for NS would be intrusive and cause negative effects on the established residential neighborhood that currently exists along Wooten Road 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 JPH 05-15-06 2006-17Z Page 5 CITY OF PEARLAND 3523 Liberty Drive (Community Center), Pearland, Texas 77581 281-652-1742 FAX 281-652-1702 www.cityofpearland.com CDZONE CHANGE NO. 2006-017Z {JD NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, REGARDING: A request by George Muthalaly, applicant for Morite V. Craven, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of the City of Pearland, for approval of a change in zoning district from classification E-3 Single Family Residential - 3 District (R-3) to Neighborhood Service District (NS), on the following described property, to wit: ISM 4.540 acres, being out of Tract 29, H.T. & B.R.R. Company Survey, Cti: Abstract 304, as recorded in Volume 976, Page 486, of the Deed Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Wooten Road, and Approximately 1,100 Feet North of FM 518 (Broadway Street)) 3 PUBLIC HEARINGS WILL BE HELD IN THE COUNCIL CHAMBER OF CITY HALL =it LOCATED AT 3519 Liberty Drive, Pearland, Texas tune on kNii MONDAY, MAY 15, 2006, AT 6:30 P.M. Ci, An app lication and map are enclosed for your information. This notice has been sent to all owners of real property within 200 feet of the request, as such ownership appears on the last approved city tax roll, in accordance 0 with notification guidelines established by City Ordinance and State law. all interestedparties shall have the right and opportunity Ana At said hearing, 9 to appear and be heard on the subject. If you are unable to attend, but wish to have your opinions made a part of the public record, please ME complete the enclosed form and return it prior to the public hearing. If you have any questions or need additional information please contact the City of Pearland Planning Department at (281) 652-1742 or tgrahmann@ci.pearland.tx.us. City of Pearland Community Development APPLICATION FOR 3523 Liberty Drive *.., (Community Center) 0 A CHANGE IN ZONING Pearland, Texas 77581 :�� � 4 281-652-1768 281-652-1702 fax www.cityofpearland.com Please check one: // ' ___V Change in Zoning Classification from: / 5 to: Al J (list current zoning) (Fist proposed zoning) ate,t arY2� k V1'>L`f t�' ����'i---( S (I t proposed use) Property Information: Address: 5 `f 4C S 1107-e-,l ,6), Tax Account No. L `/ ` DO n.7 eat' Subdivision: bir f k4 ot: Block: **Attach a copy of the metes and bounds description,survey, or legal description** Current use of property �� (type of structures on property): lit'-L4-Itf i J-4.iJ b Future/proposed use of property and reason for zone change: )vl ro-t'') 111 o i ccj xis 7-4-(t_ PROPERTY OWNER INFORMATION:/ APPLICANT INFORMATION: NAME A/ /?i 77 V C__- 3/2 A l ,Erd NAME 6 f C.6 1k1. _` .`` k-Ukt7 ADDRESS ,- ci("1/ C /1-42 gS T l/// -' ADDRESS 321 S i3 it r 2 CITY 7 /5.CY/'L STATE ZIP 7 7 C�2 / CITY Q I LA 0.7) STATE'`/\ ZIP k PHONE( -7/3 ) 7`4 f .0 PHONES ) ) 3 v — 4-1--t-, FAX(7/ 3 ) 7 ' : % FAX( `Z 8-k ) &Ct 2— 3 C-.'I E-MAIL ADDRESS ,i"C,ac r ham'.' i/l./e'G. zl�'1 E-MAIL ADDRESS Y1')A. 6) a-�eck.vy o- �''G-I, t`w f 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. / f� Owner's Signature: / ( 4:11 d/ C2,C�..8 Date: Agent's Signature: GC.e'Ail �'l l�C,C �X� Dater r, ( ( 7d 6l OFFFEES ll;ICE USE ONLY Gyo DATE: ,/l RECEIVED ._ 2®Ov' /v { PA D: 7�� PAID: � �+r�OEg BY , , NUMBER: r- { ***APPLICATION IS CONSIDERED INCOMPL WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AN E APPLICATION FEE*** January 2006 Page 107 of 110 I 1 ) li I 11 OLIVE E MOUNT F ui n En. �.* z l z +l tQ 1 1i- 0 XI', 1O I m I 17C_ ' % I 1 /+ - ! 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