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Ord. 509-629 12-09-02ORDINANCE NO. 509-629 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 LOT 31 AND LOT 32, SOMERSETSHIRE ESTATES, AS RECORDED IN VOLUME 16, PAGE 283, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS(APPLICATION NO. 1075)(3203 EXCALIBURS COURT) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUESTOFTHANH DAC NGUYEN, 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, Thanh Dac Nguyen, Owner, filed on October 9, 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 18th of November, 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 19th day of November, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Thanh Dac Nguyen, Owner, whereby the Commission recommended to approved a change of classification for the property 1 ORDINANCE NO. 509-629 described in Exhibit "A" from its existing classification of Suburban Development (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 December 9, 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 Thanh Dac Nguyen, Owner, 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 (SD) to is hereby for all purposes changed and reclassified as Single Family Dwelling District (R-1); such property being more particularly described as: Lot 31 and Lot 32, Somersetshire Estates, as recorded in Volume 16, Page 283, Plat Records of Brazoria County, Texas (3203 Excaliburs Court) 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 2 ORDINANCE NO. 509-629 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. 509-629 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 December , 2002. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this qtt, day of December , 2002. APPROVED AS TO FORM: DA RIN COKER CITY ATTORNEY TOM REID MAYOR 4 APPLICATION FO.R A CHANGE IN ZONING Please check one: IV Change in Zoning Classification from: 5D (list current zoning) City of Pearland Community Development 3519 Liberty Drive Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us to: — (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: Address: 3 �-O 7 �$ cipr L( P7ij K Subdivision: Lot: I+ % Block: Tax I.D. Number: ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): : 0- Proposed use of property: vsa PROPERTY OWNER INFORMATION: NAME 4'N 'f APPLICANT/AGENT INFORMATION: NAME ADDRESS tr 11 S c L C/M\4 i O pc-- ADDRESS CITY 1-1-t9-1i" C'1-6'-' STATE 'T-C ZIP -77 06.9- - CITY STATE ZIP PHONE( I ) AO' - it (9 1 PHONE( ) FAX( -7 13 ) 9„9. - 4 C E-MAIL ADDRESS E-MAIL ADDRESS eett- 83g--7 5-3a3I 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: 1 Date: to Cog ) 0 Agent's Signature: Date: OFFICE USE ONLY: t r7 ®D FEES PAID: S RECEIVED BY: (1( DATE PAID: /ON°a- APPLICATION NO. 107.5 1111111 .. ___ 111111111 TES JRIIiIIIII Oil 16, kill III • mg iiIIIIIIih1I1I ION WPM ommil tissism i III 11111 ameosC 0 200 11111 400 Feet Zone Change Application No. 1075 Thanh Dac Nguyen 3203 Excaliburs Court (SD - R-1) ti 0 O Z c o aU cu a) 2 .. to' a) • z CCG• .v1-1 • =w RS S O � CO0 d G O N Zone Change Application No. 1075 Date of City Council and Planning and Zoning Commission Joint Public Hearing: Property Owner: Applicant or Agent: Location or Address of Property: Existing Zoning: Requested Zoning: November 18, 2002 Thanh Dac Nguyen Thanh Dac Nguyen 3203 Excaliburs Court Suburban Development District (SD) Single Family Dwelling District (R-1) SUMMARY: The applicant is requesting a zone change on the subject property in order to utilize the property for a single family residence. The subject property is currently undeveloped. SURROUNDING ZONING AND LAND USES: North South East West Zoning Suburban Development District (SD) Suburban Development District (SD) Suburban Development District (SD) Single Family Dwelling District (R-3) Land Use Single family (mobile home) residences Single family (mobile home) residences Single family (mobile home) residences Single family residences in the Autumn Lake residential subdivision Zone Change Application No. 1075 Page 1 CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan recommends Low Density Residential Uses for the subject property. The Comprehensive Plan further indicates that the appropriate zoning districts for low density residential uses are the Estate Lot Single Family Dwelling District (R-E) and the Single Family Dwelling Districts R-1 and R-2. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Excaliburs Court, a local street with a right-of-way of 60 feet. The subject property also has frontage on County Road 93 (Miller Ranch Road), a local street with a right-of-way of 60 feet. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Many of the Tots within this subdivision are currently zoned SD, although there are at least two lots that are zoned as R-1. Many of the existing lots within the Somersetshire Estates subdivision do meet the R-1 standards. The subject property consists of two lots, Lot 31 and Lot 32. Separately, these two lots meet the R-1 district lot area requirements. Both lots are 111.50 feet wide and 135 feet deep, for an approximately total of 15,000 square feet per lot. However, the applicant has indicated that he intends to construct one single family dwelling on the subject property, although he has not indicated whether the construction would occur on one lot or across the property line on both lots. Both lots combined meet the,lot area requirements of the R- E district. The applicant has chosen the R-1 district instead of the R-E district in order to construct the structure at a 25 foot building line and in order to avoid submitting a replat or amending plat for the subject property in order to create one lot. PUBLIC COMMENTS: Public notice/comment forms were mailed to 18 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 as proposed by the applicant, for the following reasons: 1. The proposed zone change demonstrates conformance with the Comprehensive Plan designation of low density single family residential uses for the subject property. 2. The proposed zone change is consistent with existing zoning and existing lot sizes in the subject area. Zone Change Application No. 1075 Page 2 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. 1075 Page 3 1111111 �..�- �IiiIIIIII.... N 11111111111111111 ajil �M ,ter �� _ _ .�.�� ..•• �UIIIUhh1.. IIrE111 r�111l 11111MIN III 1I,1111...111 10111111IIo —: rm:::M:1:1:11!::minulimummS E"iA8NORMAN D � IILuNR&GAL IAN MATHIS EDWARD C -� r �� LUCERO HUGO & 11.11161LEONELI II!Nel=HUNT 11 11111111 I-iN JAMES R 8 GAIL AUTUMN LAKE -TT&B LTD ■ �— # "�`�� AWUNDERLICH MIKE VICKI .' 1 NORMAN CLUDE ERLANSON GREGORY D & DEANA II NORMA LAUDE - =BARRET°� JOSE .l HES BOBBY 8 STEPHANIG R,��' ems. dionii` `DAWSON KIM E OKORO EMMANUEL 8 ANNETTE1ORO EMMANUEL & ANNETTE A Ili' • •..e MOM :: .. IIIMPWW0 Zone Change Application No. 1075 0 200 400 Feet Thanh Dac Nguyen 1 i i i 1 3203 Excaliburs Court (SD - R-1) TAX ACCOUNT NO. OWNER 7687-0103-000 7687-0102-000 7687-0101-000 7687-0127-000 7687-0128-000 7687-0129-000 7687-0130-000 7687-0134-000 7687-0133-000 7687-0132-000 7687-0131-000 7687-0157-000 7687-0158-000 7687-0159-000 7687-0160-000 7687-0162-000 7687-0162-000 7687-0161-000 NORMAN DIAN % RON COOMER MUNOZ THOMAS & EVA MUNOZ THOMAS & EVA HUNT JAMS R & GAIL % RICKY SABLE LUCERO HUGO LEONEL HUNT JAMES R & GAIL % ALAN KIMBALL THANH DAC NGUYEN MATHIS EDWARD C ERLANSON GREGORY D & DEANA L WUNDERLICH MIKE & VICKI NORMAN CLAUDE & DIAN NORMAN CLAUDE & DIAN BARRETO JOSE DAWSON KIM E NORMAN DIAN % JANIE MONTES NORMAN CLAUDE % JANIE MONTES OKORO EMMANUEL & ANNETTE OKORO EMMANUEL & ANNETTE HAYES BOBBY D & STEPHANIE WONG ZONE CHANGE APPLICATION NO. 1075 Property Owner Notification List ADDRESS 9829 KING ARTHORS CT 9905 KING AUTHORS CT 9905 KING AUTHORS CT 9822 KING ARTHORS CT 9830 KING AUTHORS CT 2800 TRANQUILITY LK#4101 15715 EL CAMINO REAL 9914 KING AUTHORS CT 3221 EXCALIBURS CT 9829 EXCALIBURS CT 101 HOWELL RD # B48 101 HOWELL RD # B48 1704 CORAL WAY 751 GENE REED RD 9914 EXCALIBURS CT 9914 EXCALIBURS CT 9905 CAMELOTS CT 9905 CAMELOTS CT 4706 PECAN GROVE DR CITY PEARLAND, TX 77584-8537 PEARLAND, TX 77584-2501 PEARLAND, TX 77584-2501 REARLAND, TX 77584-8539 PEARLAND, TX 77584-8539 PEARLAND, TX 77584-4672 HOUSTON, TX 77062 PEARLAND, TX 77584-8541 PEARLAND, TX 77584-2504 PEARLAND, TX 77584-8532 NEW BERN, NC 28562-7853 NEW BERN, NC 28562-7853 FORT MYERS, FL 33917-2532 BIRMINGHAM, AL 35235-1122 PEARLAND, TX 77584-8533 PEARLAND, TX 77584-8533 PEARLAND, TX 77584-8526 PEARLAND, TX 77584-8526 PEARLAND, TX 77584-8602 LEGAL DESCRIPTION SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 3 SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 2 SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 1 SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 27 SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 28 SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 29 (C/S) SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 30 (C/S) SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 34, C/S SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 33 SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 32 SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 31 SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 57 SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 58 SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 59 C/S SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 60 (C/S) SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 62-63 SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 62-63 SOMERSETSHIRE EST (A0304 H T & B), BL 1, LOT 61 November 19, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO '1'HE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1075 Request of Thanh Dac Nguyen, owner 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: Lot 31 and Lot 32, Somersetshire Estates, as recorded in Volume 16, Page 283, Plat Records of Brazoria County, Texas (3203 Excaliburs Court) Honorable Mayor and Council Members: At a.regular meeting held on November 18, 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. 1075 to City Council for approval. Vice -Chairman Russ Selemon seconded the motion. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission cc: Thanh Dac Nguyen, 15715 El Camino Real, Houston, TX 77062 Page 1 of 1 AFFIDAVIT OF PUBLICATION! The Friendswood Reporter News P.O. Box-954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and Brazoria Counties, for / issues, as follows: No. I Date Gi' 3.0 20 0 z No... Date 20 No. Date 20 No.: < : Date 20 No. Date 20 Subscribe andsworn to before me this 3 day of J c—¢ )0: LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas Published 30 Oct.6 2002 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, i TEXAS' Notice is hereby given that on the 18th day of November, , 2002, at 6:30,p.m., the City Council,•and Planning and , Zoning Commission_ of the City of Pearland, Brazona, 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 Thanh Dac , Nguyen, owner, for ; an' _ amendment to the Land Use. and Urban Development, 1 Ordinance of said City'from'i Classification Suburban Development District (SD) to Single Family Dwelling, District (R-1) on the following' described *party, to wit: Lot 31 and • Lot 32, Somersetshire Estates, as' recorded in Volume 16, Page 283, Plat Records of Brazoria; County, Texas ' (3203' Excaliburs Court) • At said hearing all interested: parties 'shall have the right; and opportunity to appear and be heard on the'subject. /sl Mona Ann Phipps Development Coordinator , APPLICATION NO. 1075 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 /A 6 20 6 No. Date 20 No. Date 20 No. Date 20 No Date 20 4 atlf President Subscribe and sworn to before me this 1 day of 20 Da'- • • • • • • • • • LAURA ANN EMMONS • :: • Notary Public, State of Texas ',t +• Commission Expires 09-09-2006 • • • • • • • Laura Ann Emmons, Publisher Published Oct. 30 & Nov. 66 2002 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 18th day of November, 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, Pearlarid, Texas, on the request of Thanh. Dec-' Nguyen,__ owner, for an amendment to the Land Use and Urban Developmenj Ordinance of said City from Classification . Suburharj Development District (SD) to Single Family Dwelling District (R-1) on the following described property, to wit: " I Lot 31 and Lot' 32,j Somersetshire Estates, as' recorded in Volume 16, Page', , 283, Plat Records of Brazoria , County, Texas (3203'r Excaliburs Court) At said hearing all interested i parties shall have the right and opportunity to appear `, and be heard on the subject. • Is/ Mona Ann. Phipps Development Coordinator APPLICATION NO. 1075