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Ord. 509-400-1 02-12-01 ORDINANCE NO. 509-400-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509-400 (APPLICATION NO. 960), THE LAND USE AND URBAN DEVELOPMENTORDINANCE OFTHE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF MODIFYING LOT SIZES AND SIDEWALK LAYOUT AT THE REQUEST OF RENEE WEST, AGENT, FOR REED-WEST INVESTMENTS, LTD., OWNERS, PROVIDING FORAN 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, Renee West, agent, for Reed-West Investments, Ltd., Owners, filed on November 7, 2000, 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 an amendment to Ordinance 509-400, said property being legally described ir~ the original applications for amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and WHEREAS, on the 15th of January, 2001, 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 15th day of January, 2001, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Renee West, agent, for Reed-West Investments, ORDINANCE NO, 509-400-1 Ltd., Owners, whereby the Commission recommended and approved an amendment to Ordinance No. 509-400 for the purpose of modifying lot sizes and sidewalk layout; 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 January 22, 2001, 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 Renee West, agent, for Reed-West Investments, Ltd., 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 Single Family Dwelling District (R-4 PUD) is hereby amended for the purpose of modifying lot sizes and sidewalk layout; such property being more particularly described as: 211.9140 acres located in the W.D.C. Hall Survey, A-23, Harris Co., TX (Bellavita at Green Tee) I1. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequi~ite~ of law have been 2 ORDINANCE NO. 509-400-1 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 podion 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. 509-400-1 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 22 day of January ,2001. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12 day of February ,2001. TOM REID MAYOR 4 ORDINANCE NO. 509-400-1 ATTEST: APPROVED AS TO FORM: DARRIN COKER CITY ATTORNEY 5 Change in Zoning Classification from: ~0_ ~' (r~/a,O.) to: ~_ t./~'/~r_.(~ 3 __ Change in Regulations in Section #: Specific Use for: * Property address: Bellavita at Green Tee PIJD Lot: Block: Subdivision: Bellavtta at Green Tee Metes & Bounds Description: {unplatted property only; attach survey) Tax I.D. number: 76-0590699 Current use of land: Proposed use of land within requested designation: Record owner's name: Green - Hollow Lt~t. Owner's mailing address: 6302 Broadway Pearland, Texas 77581 Owner's telephone number: 281-997-1500 ...:.~ . Agent's name: Renee' L. West' Agent's mailing address: 6302 Broadway Pearland, Texas 77581 Agent's telephone number: 281-997-'1500 PETITION: As owner/agent, I hereby petition the C~ty for approval of the above described request as provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that Such use may be incompatible with current and future uses on properttes tn my VlCln '.. Agent's signature~~ Owner's signature: Fees 250.00 Date paid: 11-?-0o paid: $ ,, Received by: Club Golf course FR~E City of Pearland, Texe-~ GREEN - HOLLOW, LTD, ~REEN TEE: SUBD. SUBI City of Peadend. Tex°s (~REEN - HOLLOW, LTD. ' FROM E-4(PUD:i TO ~-4~PUD} "~ /~,~ I BELLAVITA _._, AT GREEN TEE ' NORTH -. ~.~ SCALE AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harri.s 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 and Harris COunties, for / issues, as follows: No. / Date t No. Date 20 No. Date 20 No. Date 20 __ No. Date 20 -- President _gubscribe and sworn to before me this ,,2~ day of ~. ·isher' the · 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 and Harris Counties, for / issues/as follows: No. ~' Date /-Z 20 ~/ No. Date 20. No. Date 20 No. Date 20 No. Date 20 -- ~;~President Subscribe and sworn to before me this ~ day of ~a'J 2001 ~ y to the; January 16, 2001 Honorable Mayor and Council Members City Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 960 Request of Renee L. West, agent for Green-Hollow, Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Single Family Dwelling District (R-4 PUD) to Single Family Dwelling District (R-4 PUD) (a revision to the existing Planned Unit Developmen0 on the following described property, to wit: 211.9140 acres located in the W.D.C. Hall Survey, A-23, Harris Co., TX (BeHavita at Green Tee) Honorable Mayor and Council Members: A~t a regular meeting' held on January 15, 2001, after a Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Richard Tetens and sec6nded by Commissioner Emil Beltz to recommend approval of Zone Change Application No. 960. Motion to approve passed 7 to 0. This is submitted for your consideration. Sincerely, t ' . / H. Charles Viktorin, Chairman - /~ Planning & Zoning Commission March 17, 1999 Planning and Zoning City of Pearland Mary Starr, Chairperson Tommy L Scott, Vice-Chairman Conunissioners Emil A Beltz, Chris Cookson,Donald Glenn, Todd Iocco, Jack D Mathis Dear Commissioners We would like to request a variance regarding sidewalks for the Active Adult community of Bellavita at Greentee in the city of Pearland. We want to change the concrete sidewalk layout from walkways in front of homes to walking paths throughout the community There will be more concrete walks when the community is complete with the plan we would like approved. The walks will simply be in different places. Please refer to the attached diagram and the following reasons. Bellavita is a different type of community from what has been developed in the past. This conununity is being developed exclusively for Active Adults over 55 years of age. The number one activity of this group is walking,unencumbered by crossing streets if possible. We realize that there is a delicate balance between the amount of concrete sidewalk, the amount of green open space, and the safety of residents. Please allow us to address each of these issues. There is a very strong need to complete walking paths along the lake,main collector road, and the areas.along Clear Creek connecting to the neighborhood of Greentee. This will be a major amenity of Bellavita. These pathways will be eight feet wide and will be maintained by the Homeowners Association. Approximately 3 to 4 miles of pathway will be built. The amount of concrete will actually exceed the amount that would be poured for sidewalks,which will equal approximately 4.5 miles at 4 feet wide. The amount of concrete needs to be balanced with the amount of open space for trees, bushes, and grass. There are a number of specimen trees in Bellavita that we hope to preserve. In addition,we will plant more trees in the front of homes that are normal for this type of conununity The amount of concrete in fronts of homes for sidewalkswill be approximately 100,000 square feet. We believe that the community appeal will be better served by using this space in front of homes as green space. Safety is always a difficult issue to address. We are aware that the best reason for sidewalks is for people to walk safely on them without having to walk in the streets. Again, we must look for balance. Two of the most successfiil communities in Houston, The Woodlands, and Kingwood do not have sidewalks in front of homes. The use instead, the same thing we are proposing for Bellavita, a series of walking trails. Their decision was also based on preserving green space. These communities have excellent safety records. The incidents of pedestrian automobile accidents are no higher than other areas with sidewalks. Additionally, if allowed, we intend to post a 15-MPH speed limit within Bellavita. This group of people tends to drive slower and be more careful. Also, they will watch out for each other We do not believe that safety will be a significant issue in Bellavita. Finally, sidewalks, after 10 to 15 years tend to become maintenance nightmares Tree roots'and normal soil movementtends to crack and separate sidewalk sections creating an additional hazard. Walking through older communities will verify this fact. Repair and replacement is difficult. It is expensive for individuals to have this type of work done and it is frequently left undone. The pathways that we are building will be repaired and replaced as necessary by the Homeowners Association. They will have the finances and means to repair these pathways quickly For these reasons,we ask you to allow these pathways to built and relieve us from the obligation to build sidewalks in front of homes. Very truly yours Donald P Klein President, Houston Division Cc Renee West 2 4 Bellavita, Pearland, Texas C (1) (b) A statement of planning objectives to be achieved by the PUD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant Planning Objective The planning objective is to obtain an R-4, PUD designation for Bellavita at Greentee by presenting to you a carefully planned Active Adult Community to accomplish a development, which is both aesthetically pleasing and functional. Development Description The Bellavita at Greentee Subdivision site has been designed with the expert assistance of the engineering firm of Century Engineering. Built by Lennar Homes. Care has been taken to present an attractive community to blend with but also add character to the City of Pearland. Architecturally, these homes will be built around a beautiful eleven-acre lake. The entries will be bermed and landscaped and ample green space will be available for community recreation. Bellavita at Greentee will have 659 homes all with full amenity packages. Land Use. The Developer agrees to comply with the provisions of the Land Use and Urban Development Ordinance, revised /� June 26, 2000, as amended subject to the rights of the parties, with such variations thereto as may be required to conform to the Plan of Development. We respectfully request that you amend our PUD as approved on February 28, 2000. Specific variances/amendments are as follows: 1) As the developer we will be installing approximately 11,000 L.F. of 8-foot wide concert walking paths m this community in heu of sidewalks. (See attached plan) ------) 2) Street configuration. (See attached plan) 3) Lot size from 47x110 and 57x110 to 60x115 and 65x120. (See attached plan) Bellavta at Greentee Pearland, Texas C (1) (b) — cont'd. Project Rationale Market indicators show that the City of Pearland's supply of high-quality, affordable single family homes Active Adult Community available for purchase does not meet current public demand. Economic Benefits The Property in its' current status as unimproved raw land is a non-revenue producing asset. The Property does not add value or benefit to the landowner or the community in its present state. The single-family residential portion of Bellavita will add 659 homes at an average price of $150,000.00 or a total of $98,850,000.00 to the taxable value of the community. _9_ a pro v-ed Bellavita, Pearland, Texas C (1) (b) A statement of planning objectives to be achieved by the PUD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant Planning Objective ' The planning objective is to obtain an R-4, PUD designation for Bellavita at Greentee by presenting to you a carefully planned Active Adult Community to accomplish a development, which is both aesthetically pleasing and functional. Development Description The Bellavita at Greentee Subdivision site has been designed with the expert assistance of the engineering firm of Century Engineering. Built by Lennar Homes. Care has been taken to present an attractive community to blend with but also add character to the City of Pearland. Architecturally, these homes will be built around a beautiful eleven-acre lake. The entries will be bermed and landscaped and ample green space will be available for community recreation. Bellavita at Greentee will have 659 homes all with full amenities packages. Bellauita at Greentee Pearland, Texas C (1) (b) — cont'd. Project Rationale Market indicators show that the City of Pearland's supply of high-quality, affordable single family homes Active Adult Community available for purchase does not meet current public demand. Economic Benefits The Property in its' current status as unimproved raw land is a non-revenue producing asset. The Property does not add value or benefit to the landowner or the community in its present state. The single-family residential portion of Bellavita will add 659 homes at an average price of $150,000.00 or a total of $98,850,000.00 to the taxable value of the community. -9 /./0..'4017 �� Original Plan � -�- • ,. , ` Approved ` • , (2-28-00) ), _ _ 1 ; ^ . ,: _-. ` , `�♦ • ` (' , /• ; .- ,• ., c_ _/Is. . '''''. i •,� .. ♦ BELLAVITA AT GREEN TEE, ' T• 1 " " ' ��� : • . MASTER PLAN • - ;:` : ,_ .:. ; ` . ; /•_; As . • " >' / i• ' . '`' _• i �.1,..� \,: ) \�..::.•\ '\• i r, ACCESS TO < / r i 4` ' % •`. A Houma `/%•):",...‘4t' v'\ % \• /.'/ SOUTH BELT HIKE \/ --.<J r \ ' '\ . � •,- (\ - f., \♦ /%/ AND BIKE TRAIL --� ILLA D`EST�" (' �,,,� -�, •`•• /;;/ `\ / • i /''' `SECTION O• NE%/ _' t; ` /.... \� j '\ 4, ♦ /•/ • -• ,\ . • . • )` / '\ 46 LOTS /,'\y\. �`. \.... . „• \' �`',- \ `\+. '�. Original Configuration ewtEera ;` ,. ` _• • / `/y v .� •)5�/ \ A ,.,.• . \♦• . (See attached proposed amendment) ! - "` '''�,�s • �� :e'- �- \;✓ s� - , • A • : / �;`O r /-, RECREATION SITE -• 79111r/ �'��''• �� ®�, 0� +� Y VILLA VERIjE\�- `; /'. ��•j`AA,. o �4�©���� ��� - ~� SECTION ONE ` 4 : \ `��•+ / \ / \ y ,���, ©ram.. ©�Q• �'t�`._ �� 58 LOTS •�� \.\ \ • \ ``��' —' ' �I!E' o �_►.• ' . BELLAVITA GATED ENTRY _ �:: y <" . .. • / ;`., r'�.�� �N htili�. 01�� . .�;��. ? •--- /� '��` \'. AT GREEN TEE '```\>,"/ \\,/ -1f ` ` A��� .1 t` 'r �! +G��® ! '` :`% \ > aoo�" �''�(�`\����)//� / ��= SECTIONONE (55.95ACRES) RECREATION CENTER �.� \, 44 �I�� :',P -'1 ..• ® ® \ , ` ,\ v� 134 LOTS TOTAL ACRES4.0 �,�� �,;`� ©' 4T X 11 d TYPICAL - 88 LOTS < i. ..... i^ cli \' i� / ./Iii �� :. (7,... 7 i? -. !��. m /�►��` •� _ \`�/ ,r. �' �,.,�� �YC.�� �� L 36Tx11d TYPI\ .i-' CAL- 48 LOTS y . `• \ '%' ° i_ '4� .44p.�• -.�' •. /` `" • .<\ / / . tir: / _ .� • / 24 DWELLING UNITS PER ACRE / \,, ; \ `, �' �' "� �,V' .• z .,.' `11'-,r- , \--' /•-, \ ;-�\� '`VILLA\VERDE ' \\`. • ~'. .,• ,/ ..A \- ,y ` r. `, • �• i o1 r; ,�., tom.._'. .+',,-...1�� % ,;�L;- ,/' ,-l) , %i;\ \FUTUFiESECTIONSi ;.`-/c.% ,�" \, t` : 1: / ,� / --cr„ •-�;� ,�a.:..: , ® -` % /•• �'`•: :/ 1FLOTS -4. • ♦• • • • A \ '7�•�••``�//---, /• - !>`,''I) , ®� �! '�i�11, _, �irgi -\r •..ris- ��. • 1107 �®,I�,,04 61 , li`•y`I !`�;/ )-�'�\�``�,'`^� .‹ `'S >),a' s. • ♦• \••• / •�' ``` 4.77/06,-141 imicess �i - �- ��; 2 .3ti; 3� j `� ��� \®, ��� lam`•.faillilloViv4f020,,#\ 4IU \ \� 1 \ \ / ''^) /Y i -T'\ if "� r- '� i rc `�i 0 � ' r C ita.', j 1���- -,- , �) i� '' \' �, \ L /' 4,t1,,\<. /..›//4'.7". r Ems; I��jS '; g,� 1� :'�'.o ?^"'i.`_ ov s 1� ='- ,� ® �� �� i ♦ '\\/\ \ •♦• \ i_ _1) �` ' .-9 4r ni l � � ► '` �� ®® ®® �iw ' \ \ \ ,). A\ ` s/ \T`C `� i� ( _ � • � • tl�fr ,-• �' ✓�/®. /At, Att. _ ��® •-� \ /\ \v \<'\` . PEDESTRIAN r 1 ;; • ��VILLA DESTE_ ; , ��•- , TeP �\• ism • `_�� =®e®�i ®®.''d��,%�vi,4e ' ,® - Y�.,,. > , PATH . ' s�.LSWnOS TWO L_ I �4 I f � ��� �� 1�St �� - -.V,- -:''0*.:*40:' :- <Er 1p At-To 40/.7 -...., • 4,„-__ -...., .- visw.... --/"../eAriak-ez 4/,,.-„-4:0._.,t4t. #3.tp,,;-,011$\1, K .. .\ .- _.--.... •--;../._ I-- • ' . i 4404,>.....:v A;frigt?"'V' itigi,t .;,'-.7:'./..... ,---diartfit a; ....-- , N.--4 i: -i 0,0**.,isaitiW&A, Atiti617,._ -.4.1V;IVY:457'i If''•tt, .12i.'.. - I AV' _aiiiI#/•4114111N;:: : .' . -:-:: E;-':.‘-''' ' .• "... .-1::..-°-.7--114-.- : .. `�`J `% ••V \ �% .i,= ','"v�y VSP �r 0'�'"�� J� 3l$ltA.��3 °O`,�� ' '_ ��11a110a��� = '' ♦♦ J4tJ`� \ f•.a� , �:Jez /` ' 1r o f'_``_ f•' :� 11i, • BELLAVITA `- ">., \�1 '� ' 4./,�� , �' +` •. AT GREEN TEE - ,�; - , r, FUTURE SECTIONS (18242 ACRES) .. f, .\T'4 r t� • .r' �` 1 BELLAVITA AT GREEN TEE 525 LOTS TOTAL " .�_ S' 'y j-- _~:?• . ,�, �� -- ._:=•;.. :- _. . 0 47 X 110'TYPICAL.-272 LOTS 47 X 110'TYPICAL- 186 LOTS \ '� �' � r, ', f ' �,� � ®6Tx 110'TYPICAL -387 LOTS TAL LOTS Egiii 67x 110'TYPICAL 339 LOTS `� '` ''v „� `" ' i \ `' 18 TODWEWNG UNITS PER ACRE 2.9 OWEWNO UNITS PER ACRE �j r t=:'r•:'..:7 .si;:i' :--7;-:.S3q".1." ,••••• y �� l l ___ • L'` 11,000 LF.PEDESTRIAN PATHWAYS :r•. ... 111.1 ACRES GREENBELT AND OPENSPACE \., :r.� --L.e •i' .S-t' . /j T C!\�C \` `••,_..ff'r` C. Original Configuration ,,,,,„..,,,"„m....•.„o,m,o,.... J' (See attached proposed amendment) •�'" °'^�'�u•K°•-^^s^°m is Rw..r, ,.rt .....srr�a.r..wn. Ihjalra��l n a�,O1, ..`Kc+napoD.T5 's a C'ee"'...- 1i M.rM.40.4Q,.••MO..'O.1....111.41... OIg9NLICA":Y-ia 1... II d, J w,+a oeCOaoI n,»o. of \\_, slcrIcf•slip • 716s' 1.1,,C7E1, 167.4tr anste LUA VI TA A7 -3 Cr RE E-7,. 1 1- SEC • SCIILE I 2.00 PREAINARY PLAT OF BELLAVITA AT CFEEN TEE SECTION TWO BENS A stimmahow OF a '4= ACRES ra--- LAIC our OF Tr-E wac_ HALL SIFAE'ir, CITY Cr• FEAFLAM 11/11-0 COLihrrY, TENAS MS LOTS 4 IELOCKS 7 (S.SSE ACRM) FEERZIARY , man SCALE r CENTURY E1173''NEEHrra 3B,Se aargEgLELITE ktUSTIX TE17477ar P}WtO 710-071 OLS. Va-7522 Eacel, TA/fa CEL 102 gE0-1112 81.511EIER,