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Ord. 509-621 11-25-02ORDINANCE NO. 509-621 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 8.11 ACRES, BEING THE WEST 544.41 FEET OF LOT 56 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 80, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 564, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 98, PLAT RECORDS, BRAZORIA COUNTY, TEXAS (COUNTY ROAD 59) (APPLICATION NO. 1069) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JAMES M. JOHNSON, AGENT FOR TRACH XUAN MAI AND TRAN THI YEN, 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 M. Johnson, Agent for Trach Xuan Mai and Tran Thi Yen, Owners, filed on September 16, 2002, 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 of October, 2002, 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 22"d day of October, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, James M. Johnson, Agent for Trach Xuan Mai and Tran Thi Yen, Owners, whereby the Commission recommended and approved a change of classification for 1 ORDINANCE NO. 509-621 the property described in Exhibit "A" 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 concurred with the recommendation of the Planning and Zoning Commission, at a regular meeting on November 11, 2002, 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 M. Johnson, Agent for Trach Xuan Mai and Tran Thi Yen, Owners, presented which, in the judgment of the City Council, would justify the approval of said application, it is therefore, 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 for all purposes changed and reclassified to Single Family Dwelling District (R-1); such property being more particularly described as: 8.11 acres, being the west 544.41 feet of Lot 56 of the Allison Richey Gulf Coast Home Company Subdivision of Section 80, H.T. & B.R.R. Company Survey, Abstract 564, according to the plat recorded in Volume 2, Page 98, Plat Records, Brazoria County, Texas (County Road 59) 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 City Council further finds and determines that there has been compliance with the mandates of law in the posting 2 ORDINANCE NO. 509-621 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. VII. This Ordinance shall become effective after its passage and approval on second and final reading. 3 ORDINANCE NO. 509-621 PASSED, APPROVED, and ADOPTED on First Reading this nth day of November , 2002. TOM REID MAYOR ATTEST: NG L Y SE s ETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day of November , 2002. ATTEST: APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY TOM REID MAYOR 4 CTPi',Sr PEARLM D . ZONE GRANGE APPLICATION. _revised10/20/01• • Change in Zoning Classification from: SD Change in Regulations in Section #: Specific Use fon to: R-1 Property address: 0 CR 59 Abstract: 564 Allison Richey Gulf Coast Home Co. Lot 56 -Bieck;- Subdivision: Section 80 .T & B.R.R. Co. Surve Metes & Bounds Description: See attached survey (unplatted property only; attach survey) Tax I.D. number: 0564-0036-012 Current use of land: Vacant Proposed use of land: Single Family Residential owner's name: rc c_. h X VG►n� �'1�-� e-(-v I rah I �eh) Record own _1j� ✓/fhb ��•� n SL�CaUc� �� 7%5�7 Owner's mailing address: Lf // / /7 I. Owner's telephone number: d 6 y 8-/(7 8 V Agent's name: James M. Johnson Agent's mailing address: 900 Apollo Lane Suite C. Housto. • 77058 Agent's telephone number. (281) 731-4840 PETITION, Ps owner/agent, I hereby petition the City for approval of the above described request as provided by the laws of the State of Texas and OrdinancesNS, of the City of Pearland. *On a GB), I acknowledge that such use Use Permit request to allow a residential use in a business zone (OP, ma be incompatible with current and future uses on properties In m vicinity. =ram Owner's signature: QRr•.eived bv: Agent's si • nature: Date paid: plication•nuimbe� Broadway ST FM 518 Broadwa ST IOW owl immj.):33 11111 111111111111561111111111111111111 0111111111166.11111111111111 IM111111111111111111111111111 11111111111111111111111111.1111111111 0 200400 Feet Bill I Zone Change Application No. 1069 Trach Xuan Mai/James Johnson CR 59 west of SH 288 (SD - R1) October 22, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1069 Request of James Johnson, agent forTrach Xuan Mai and Tran Thi Yen, owners for an amendment to the Land Use and Urban Development Ordinance from classification Suburban Development (SD) to Single Family Dwelling District (R-1) on the following described property, to wit: 8.11 acres, being the west 544.41 feet of Lot 56 of the Allison Richey Gulf Coast Home Company Subdivision of Section 80, H.T. & B.R.R. Company Survey, Abstract 564, according to the plat recorded in Volume 2, Page 98, Plat Records, Brazoria County, Texas (County Road 59) Honorable Mayor and Council Members: At a regular meeting held on October 21, 2002, immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ray Bacon made a motion to forward Zoning Application No. 1069 to City Council for approval. Commissioner Sheryl Greiner seconded the motion. Motion to approve Zoning Application No. 1069 passed 4 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Trach Xuan Mai and Tran Thi Yen, 4111 Airline, Friendwood, Texas 77546 James Johnson, 900 Apollo Lane Suite C, Houston, Texas 77058 Page 1 of 1 Zone Change Application No. 1069 Date of City Council and Planning and October 21, 2002 Zoning Commission Joint Public Hearing: Property Owner: Trach Xuan Mai and Tran Thi Yen Applicant or Agent: James M. Johnson Location or Address of Property: County Road 59 Existing Zoning: Suburban Development District (SD) Requested Zoning: Single Family Dwelling District (R-1) SUMMARY: The applicant is requesting a change in zoning on the subject property in order to construct a single family residential subdivision. The subject property is currently undeveloped. SURROUNDING ZONING AND LAND USES: Zoning Land Use North Single Family Dwelling Undeveloped land District (R-2) South Unincorporated area/ETJ Undeveloped land (extra -territorial jurisdiction) East Suburban Development Single family residence District (SD) West Suburban Development Undeveloped land District (SD) Zone Change Application No. 1069 Page 1 CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan recommends Low Density Residential uses for the subject property and most of the surrounding areas. The Comprehensive Plan further indicates that the appropriate zoning districts for low density residential uses are Estate Lot Single Family Dwelling District (RE) and Single Family Dwelling Districts R-1 and R-2. Therefore, the proposed zoning change conforms to the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on County Road 59, which is designated as a secondary thoroughfare that is to be widened at some point in the future. The future extension of Kirby Drive is proposed further to the east of the subject property, but not adjacent to the subject property. No other roadways affect the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Two large tracts of land to the north and east of the subject property are currently zoned as R-2. The proposed zone change request for an R-1 district would provide for lots with a minimum lot size of 8,800 square feet. If developed according to the R-1 district, the subject property could be developed with approximately 25-30 single family residential lots. PUBLIC COMMENTS: Public notice/comment forms were mailed to 6 property owners within 200 feet of the subject property under consideration. No public comment forms have been returned. STAFF RECOMMENDATION: Staff recommends approval of the zone change. SUPPORTING DOCUMENTS: • Notice of Public Hearing. • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Area Zoning Map Zone Change Application No. 1069 Page 2 Zone Change Application No. 1069 Trach Xuan Mai/James Johnson CR 59 west of SH 288 (SD - R1) W E S 0 200 400 Feet Dill 1 ;FAMILY,.CARE MEDICAL CLINIC INC I ,FAMILY.CARE MEDICAL CLINIC INC I SITE I 1� FAMILY CARE MEDICAL CLINIC INC BAILEY JAMES A I Zone Change Application No. 1069 Trach Xuan Mai/James Johnson CR 59 west of SH 288 (SD - R1) w TAX ACCOUNT # 0564-0011-000 0564-0014-000 0564-6000-019 0564-0036-012 0564-6000-003 0298-0008-001 0298-0008-000 OWNER FAMILY CARE MEDICAL CLINIC INC FAMILY CARE MEDICAL CLINIC INC BAILEY JAMES A MAI TRACH XUAN & YEN THI JOHNSON JAMES M WEEMS BEN FAMILY CARE MEDICAL CLINIC INC FAMILY CARE MEDICAL CLINIC INC ZONE CHANGE APPLICATION NO. 1069 Property Owner Notification List ADDRESS 14215 S POST OAK RD 14215 S POST OAK RD 2645 CR 59 2111 AIRLINE DR 900 APOLLO LN STE C PO BOX 188 14215 S POST OAK RD 14215 S POST OAK RD CITY HOUSTON, TX 77045-5233 HOUSTON, TX 77045-5233 PEARLAND, TX 77584 FRIENDSWOOD, TX 77546-5503 HOUSTON, TX 77058 LAFAYETTE, CO 80026-0188 HOUSTON, TX 77045-5233 HOUSTON, TX 77045-5233 LEGAL DESCRIPTION A0564 H T & BR R, TRACT 55, ACRES 10.000 A0564 H T & BR R, TRACT 45, ACRES 10.000 A0564 H T & B R R, TRACT 56, ACRES 8.200 A0298 H T 7 B R R, TRACTS 51, 52, 53, ACRES 30.00 A0298 H T 7 B R R, TRACTS 41, 42, 43, ACRES 30.00 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 1-S 20 Z:, No. Date '20. No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this �G 20 D). LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, .State of Texas ;Published Sept. 25 & Oct. 2, 12002 I NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY i IOF PEARLAND, TEXAS' o ' ' Notice:is hereby given that on 'the 21st day of October, 2002, at 6:30 p.m., the City !Council and Planning and j Zoning Commission of the City of Pearland, Brazoria, !Harris and . Fort Bend !Counties, Texas, will conduct a joint public hearing in the Councils Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the ' request of James . M. Johnson, agent for Trach Xuan Mai and Tran Thi Yen, owner, for an amendment to Ithe Land Use and Urban , , Development Ordinance'' of said City from Classification Suburban Development ,I District (SD) to Single Family I Dwelling District (R-1) on the following described property, 9 to wit: 8.11 acres, being the west j 544.41 feet of Lot 56 of the j Allison Richey Gulf Coast Home Company Subdivision of Section 80, H.T. & B.R.R. Company' Survey, Abstract 564, according to the plat recorded in Volume 2; Page 98, Plat Records, Brazoria County, Texas (County Road 59) At said hearing all interested parties shall have the right , and opportunity to appear and be heard on the subject. Mona Ann Phipps _ I Development COW* DPP 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: o�� Subscribe and sworn_to before me this• LAURA ANN EMMONS Notary Public; State of Texas• Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Published Sept. 25 & Oct. 2, 2002 NOTICE OF A.JOINT .( PUBLIC HEARING OF THE I CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on S the Notice, day of October, 2002, :at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, 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 M. 1Johnson, agent for Trach Xuan Mai and Trap Thi Yen, owner; for an amendment to the Land Use and Urban j 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 ' I ' 8.11 acres, .being the west 1544.41 feet of Lot 56 of the Allison •Richey Gulf Coast t Home' Company Subdivision of Section 80, H.T. & B.R.R. Company Survey, Abstract 564, accordingto the plat. recorded in Volume 2,: Page 98 Plat Records, Brazoria, County, Texas (County Road i59) , 1 At said hearing `all interested 1 parties; shall have the right land opportunity to appear ! and be heard on•the subject. I /s/ Mona Ann Phipps 1 Development Coordinator_ i APPLICATION NO. 1069 Published Sept. 25 & Oct. 2, 2002 i NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice'is hereby given that on the 21 st day of October, 2002, at 6:30 p.m., the City Council and Planning and !Zoning Commission of the { City of Pearland, Brazoria, I! Harris and . Fort Bend I (Counties, Texas, will conduct I a joint public hearing in the I Council. Chambers of City 1 Hall, 3519 Liberty Drive, :' Pearland, Texas, on the ' request of James M. Johnson, agent for •Trach I Xuan Mai and Tran Thi Yen, I owner, for an amendment to 1 the Land Use and Urban Development Ordinance, of I said City from Classification ' Suburban Development 1, District (SD) to Single Family Dwelling District (R-1) on the i following described property, ; to wit: 18.11 acres, being the west ( 544.41 'feet of Lot 56 of the 1 Allison Richey Gulf Coast 'Home Company Subdivision I of Section 80, H.T. & B.R.R. I Company' Survey, Abstract 1564, according to the plat { recorded in Volume 2, Page 98, Plat Records, Brazoria 1, County, Texas (CountOoad 59) At said hearing all interested parties shall have the, right and opportunity to appear , and be heard on the subject. • i Is/ Mona Ann Phipps Development Coordinator APPLICATION NO. 1069 •1