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Ord. 2000M-0092 2012-11-26ORDINANCE NO. 2000M-92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION A TRACT OF LAND CONTAINING 4.82 ACRES KNOWN AS TRACT 20-A, SITUATED IN LOT 20 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, ABSTRACT NO. 506, AS RECORDED IN VOLUME 2, PAGE 23 OF THE BRAZORIA COUNTY MAP RECORDS, ANDA TRACT OF LAND CONTAINING 4.82 ACRES KNOWN AS TRACT 20, SITUATED IN LOT 20 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, ABSTRACT NO. 506, AS RECORDED IN VOLUME 2, PAGE 23 OF THE BRAZORIA COUNTY MAP RECORDS. (LOCATED AT 2014 HILLHOUSE RD, PEARLAND, TEXAS), ZONE CHANGE 2012-11Z, A REQUEST OF CHAD THUMANN, APPLICANT, ON BEHALF OF BARBARA COVINGTON, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE RESIDENTIAL ESTATE (RE) ZONE TO THE SUBURBAN RESIDENTIAL -12 (SR -12) ZONE, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Chad Thumann, applicant, on behalf of Barbara Covington, owner„ filed an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a change in the zoning district from Residential Estate (RE) to Suburban Residential -12 (SR -12); 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 more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 15th day of October, 2012, 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 hereto and made a part hereof for all purposes as Exhibit "C", said call and notice being in strict conformity with provisions of ORDINANCE NO. 2000M-92 Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 15th day of October, 2012, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed zone change application of Chad Thumann, applicant, on behalf of Barbara Covington, owner„ whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Residential Estate (RE) to Suburban Residential -12 (SR -12), said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D"; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meeting(s) on the 12th day of November, 2012 and; 26th day of November 2012; 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 Chad Thumann, applicant, on behalf of Barbara Covington, 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: Section I. The following described property located within the corporate City Limits of the City of Pearland, Texas, and presently classified as Residential Estate (RE) to Suburban Residential -12 (SR -12), in accordance with all conditions and requirements of the current Unified Development Code and incorporated for all purposes, such property being more particularly described as: Page 2 of 4 Ord No 2000M-92 ORDINANCE NO. 2000M-92 A tract of land containing 4.82 acres known as Tract 20-A, situated in Lot 20 of the Allison Richey Gulf Coast Home Company Subdivision, Abstract No. 506, as recorded in Volume 2, Page 23 of the Brazoria County Map Records, and; A tract of land containing 4.82 acres known as Tract 20, situated in Lot 20 of the Allison Richey Gulf Coast Home Company Subdivision, Abstract No. 506, as recorded in Volume 2, Page 23 of the Brazoria County Map Records. General Location: 2014 Hillhouse Road Section 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 and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. Section 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. Section 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. Section 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. Page 3 of 4 Ord No 2000M-92 ORDINANCE NO. 2000M-92 Section VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Zoning District Map of the City, pursuant to the provisions of Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein granted for the reclassification of the herein above described property. Section VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 12th day of November, 2012. ATTEST: UNG TY S'r' RETARY TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of November, 2012. ATTEST: NG, SECRETARY APPROVED AS TO FORM: • de DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Page 4 of 4 Ord No 2000M-92 Exhibit "A" Ord. No. 2000M-92 ZONE CHANGE APPLICATION Page 1 of 5 Updated June 2010) City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com APPLICATION FOR A CHANGE IN ZONING Current Zoning District:R-E! coLC , FA,a,G.L-`; TE Proposed Zoning District: 3 - t SZ ►vim - Property Information: Ti AL - Address or General Location of Property: lacA L. -!A ??c 7 5 -c - Tax Account No. 17 58 `f a 4- 5/x.23 5-7 qw sc, Rtc ki *EY c u 1 Subdivision: fkov&E f c}l0-y Lot: 4- Block: A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME P A RASA i CA31 vt #cjv ADDRESS © l C Pi{ 11 ff(o V CITY R'c,. v• lc; STATE TY ZIP 7-7 PHONE(, / )41/..,/-7 75-7 FAX( ,94/) - -L7 6, -2 E-MAIL ADDRESS `� he_ YD6 , Nt7 APPLICANT/AGENT INFORMATION: NAME C.H.4.t-711v,,,���w ADDRESS t (4 Recx,c) f, i+c 1067, CITYR �./ to STATE --)C ZIP -771-El PHONE(c2& ( ) 'rich - t 5 Co FAX( Q&1 ) �'(4 "7 - aE). E-MAIL ADDRESS C'..t.c v �e5+ � veb ue• . L� *Property owner must be the current owner of the property at the time of submittal of the application, and not the party that has the property under contract. As owner and applicant, I hereby request approval of the above described request as provided for by the Unified Development Code of the City of Pearland. Owner's Signature: Agent's/Applicant's Signature: , !� Gt Date: 9 5--c)6./c)-- Date: o/.; OFFICE USE ONLY: FEES /-755 PAID: DATE PAID: T/) RECEIVED BY: 1ti RECEIPT �r NUMBER: `-f Aoolication No. 09/09/2012 02:31 2818978588 From: <ohad@nwmmhdevnlopmanLtom> Subject: agent letter Date: September 12, 2012 2:25:29 PM CDT To: bnm@pdq.net<bnm/@, pdq.net= Reply -To: «nhau@/pes1deve|opmunLmzm> 9-12-2012 CSEC INC PAGE el City of Pearland, LB.LCovington authc,rize Chad Thurnann to act as my agent for the zoning purposes ot my property located at 2014 Hflhtiouse Rd Pearland, IX 77584. Any questtons or concems please fee free tocontact nnoat281-412'7757. Thanks, -_��. ^�!1.-- B. L. Covington FI. West Dev&opment.,, INC Chad Thumann 7918 Broadwaysuite 106 Peadmnd.TX77581 off. 281'Q97 1500 fax 281-997-2886 This property the 100 year in insurance as per mop dated IS NOT located in & is X , SCALE: 1"s 100' "41r" SOUTHDOWN, SECTION 7 VOLUME 1761, PAGE 989 OF THE -B_C.D.R. NORTH \ , / )§:§i! o k�}(�7 ``` �)\§j}\ §jR3«}-{ E«© EAST 801.30 \K\}= flood plain rote mop zone 48039C/0030H 6-5-89 g (1) --i ry W CD ENO 5/8" LR. Notes' 1.) Basis for Bearings: 2.) Distances shown 3.) Survey was made • (LOT) TRACTS D. 5/8- I.R. REMAINDER OF aI," 261.95 N 0 ;� TRACT 20 • v.. . rr1L-i"2'pg el IYtt/te + iitlr../ K.FL. i 261 .95 SET 5/8" I,R, F). 5,/e• 1.R. 261.95 NORTH HALF OF TRACT 20 r i HORSE CORRAL-- TIN"SHED Z:".. COVERED U PUMP GAZEBO 8�/ BARBECUE PIT HOUSE 99.0' ONE STORY GRAVEL FRA rMME�` [�i� DRIVE g 261.95 �OLUAIN H I LLH OU73' assumed as plotted ore ground distances without benefit of Ws comittment 20A AND 20B, CUT OF LOT 20, SEE ATTACHED EXHIBIT • - SOUTH d " I, MICHAEL D. MORTON, ' A . {E, ,4- ,N\ SURVEYOR R1 R+E STATE ,9 THAT 111E PLAT HEREON RESULTS OF AN ACTUAL A Q`' � "�" T UNDER Ur DIRECTION .�.--^�"""""""°'"� ENCROACHMENTS IXCEtr! • M4CHAEL D. 1`dOF1TOCrJ \\ ......,.........,,,Me. .\; , 'r�� 3086 1Q: @� �� A ) SURVF. \ \ .4i. + tsC11Ma D. 40RT014 - R.P.LS HO 36218 LOT(S) BLOCK SUBDNISION l SECTION ALLISEJN RICHEY GULF COAST HOME CO. S/D RECORDATION COUNTY VOL. 2, PG. 23 OF THE B,C.M.R, BRAZOR!A STATE TEXAS ADDRESS CRY ZIP 000E LENDER 902 HILLHOUSE ROAD PEARLAND 77581 PURCHASER BARBARA COVINGTON TULE COMPANY C.F. NO. FIELDED BYT HM 7/10/98 ARROW SURVEYINGJOB P.O. 80X 410 PEARLAND, TEAS 77588 (281) 412-2294 FAX(281) 412-2314 H0. 98-07-118 DRAWN BY: GYC AH 7/10/98 7/13/98 CHECKED 8Y: REASON: EXHIBIT "A" TRACT I: A DESCRIPTION OF A TRACT OF LAND CONTAINING 4.82 ACRES KNOWN AS TRACT 20-A, SITUATED IN LOT 20 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, ABSTRACT NO. 506, AS RECORDED IN VOLUME 2, PAGE 23 OF THE BRAZORIA COUNTY MAP RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE WEST RIGHT-OF-WAY UNE OF HILLHOUSE ROAD, MARKING THE SOUTHEAST CORNER OF LOT 20 OF THE ALLISON RICHEY GULF COAST COMPANY SUBDIVISION, ABSTRACT NO. 506; THENCE, NORTH, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID HILLHOUSE ROAD, A DISTANCE OF 261.95 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHEAST CORNER AND POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE, WEST, OVER AND ACROSS SAID LOT 20, A DISTANCE OF 801.30 FEET TO A 5/8 INCH IRON ROD FOUND ON THE WEST LINE OF SAID LOT 20, MARKING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH, ALONG THE WEST UNE OF SAID LOT 20, A DISTANCE OF 261.95 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, EAST, ALONG THE NORTH LINE OF SAID LOT 20, A DISTANCE OF 801.30 FEET TO A 5/8 INCH IRON ROD FOUND ON THE WEST RIGHT-OF-WAY UNE OF SAID HILLHOUSE ROAD, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH, ALONG THE WEST RIGHT-OF-WAY UNE OF SAID HILLHOUSE ROAD, A DISTANCE OF 261,95 FEET TO THE POINT OF BEGINNING. TRACT II: A TRACT OF LAND CONTAINING 4.82 ACRES KNOWN A5 TRACT 20. SITUATED IN LOT 20 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, ABSTRACT NO. 506, AS RECORDED IN VOLUME 2, PAGE 23 OF THE BRAZORIA COUNTY MAP RECORDS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING FOR REFERENCE AT A 5/8 INCH IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF LOT 20, WITH THIS BEING THE POINT OF BEGINNING: THENCE SOUTH 90 DEGREES 00 MINUTE 00 SECOND WEST, 801.30 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER; THENCE NORTH 00 DEGREE 00 MINUTE 00 SECOND EAST, 261.95 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER; THENCE SOUTH 90 DEGREES 00 MINUTE 00 SECOND EAST, 801.30 FEET TO A 5/S INCH IRON ROD SET FOR CORNER, WITH SAID IRON ROD BEING IN THE WEST RIGHT-OF-WAY LINE OF HILLHOUSE (COUNTY ROAD #542); THENCE SOUTH 00 DEGREE 00 MINUTE 00 SECOND EAST, 261.95 FEET ALONG SAID WEST RIGHT-OF-WAY LINE OF HILLHOUSE (COUNTY ROAD #542) TO THE POINT OF BEGINNING AND CONTAINING 4.32 ACRES OF LAND. Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule 6 hereof. Farm 5011448-A (2/1/10) Page 6 ct 16 T-7: Cornmrar rst for Title Insurance (Rev. 2-1-10) 2014 Hillhouse Rd. Scale 1:3,123 1 in = 260 ft better of Intent 9-11-12 RE: Letter of Intent to the City of Pearland: This Letter of Intent is to serve as an indication of our interest in rezoning the below -referenced property. It is understood that this letter constitutes an agreement of intent only The general terms are as follows: PROPERTY: A 9.64 acre tract of land located at 2014 Hillhouse rd. Pearland, TX 77584 PURPOSE: Rezone the above referenced property form a R -E (Single -Family Estate District) to an R-1 (Single -Family Residential -1 District). SCOPE: Develop a 9.64 acre tract of land into 18 single family residential lots (85ft x 130ft). Lots will be located in a well landscaped, fenced, and gated community, offering homes from $300,000 and up. Sir rely y rs had Thumann R. West Development Co., Inc. ZONE CHANGE APPLICATION Page 4 of 5 Updated June 2010) POSTING OF ZONING NOTIFICATION SIGNS ON PROPERTY UNDER CONSIDERATION FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT) Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP), or a variance shall be required to erect and maintain a sign(s), to be inspected by the City, upon the property for which a variance or zoning change has been requested. Such sign(s) shall be located as follows: (1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting street, or as determined by the City. (2) So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner. (3) So as not to create a hazard to traffic on the public rights-of-way abutting the property. (4) On the subject property at least ten (10) days prior to the hearing of such zoning change request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant. Removal of the sign by the applicant prior to a recommendation by the Planning and Zoning Commission and/or a final decision by the City Council shall constitute a withdrawal of the request. (5) The signs shall be as follows: • A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4 feet • At least 2 feet above the ground • Blue or black lettering that is a minimum of 3 inches by 1/2 inch, on a white background • Message content as follows: PROPOSED (SPECIFY REQUEST) Contact City of Pearland 281-652-1768 *Signs must be professionally made; handwritten signs are not allowed. *Signs must be freestanding and cannot be attached to a tree, fence, or building. 9J{)-12- MCHARD RD R-3 RD RD MCHARD', SOHO DR R-1 CANTON DR, rn �. zo_ Q o X O 0 w 73 z ADDISON DF, RE ES RANCH RD CRYSTAL LAKE D PUD Exhibit "B" Ord. No. 2000M-92 Vicinity & Zoning Map Zone Change 2012-11Z 2014 Hillhouse Rd This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. N 0 212.5 425 850 Feet I i i i I i, i I LEGALS Published Sept. 26, 2012 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COM- MISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLI- CATION NO. 2012-11Z Notice is hereby given that on October 15, 2012, 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, located at 3519 Liberty Drive, Pearland, Texas, at the request of Chad Thumann, applicant, on behalf of Barbara Covington, owner, for approval of a zone change from the Residential Estate (RE) zone, to Single -Family Residential -1 (R-1) zone for 9.64 acres, more specifically described as: A tract of land containing 4.82 acres known as Tract 20-A, situated in Lot 20 of the Allison Richey Gulf Coast Home Company Subdi- vision, Abstract No. 506, as recorded in Volume 2, Page 23 of the Brazoria County Map Records, and; A tract of land containing 4.82 acres known as Tract 20, situated in Lot 20 of the Allison Richey Gulf Coast Home Company Subdivision, Abstract No. 506, as recorded in Volume 2, Page 23 of the Brazoria County Map Records. General Location: 2014 Hillhouse Road Pearland, TX At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. For addi- tional information, please contact the Planning Department at 281-652-1768. Harold Ellis City Planner Exhibit "C" Ord. No. 2000M-92 Ex cr Z- i i `i- -54,4 lo-rS-IZ Planning & Zoning Commission Exhibit "D" Ord. No. 2000M-92 Recommendation Letter October 17, 2012 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change 2012-11Z Honorable Mayor and City Council Members: At their meeting on October 15, 2012, the Planning and Zoning Commission considered the following: A request of Chad Thumann, applicant, on behalf of Barbara Covington, owner, for approval of a zone change from the Residential Estate (RE) zone, to Single -Family Residential -1 (R-1) zone for 9.64 acres on the following described property: LEGAL DESCRIPTION: A tract of land containing 4.82 acres known as Tract 20, situated in Lot 20 of the Allison Richey Gulf Coast Home Company Subdivision, Abstract No. 506, as recorded in Volume 2, Page 23 of the Brazoria County Map Records. GENERAL LOCATION: 2014 Hillhouse Road, Pearland, TX Following staff presentation, discussion ensued regarding which zone the commission felt best fit the property in question. Commissioner Neil West and Commissioner Mathew Hanks both stated that they would be in favor of a zone change to Suburban Residential -12 (SR -12) as opposed to the original request of Single -Family Residential -1 (R-1). Following this discussion, Vice Chairperson Linda Cowles made an amended motion to approve a zone change to Suburban Residential -12 (SR -12). The motion was seconded by Commissioner Neil West. The vote was 6-0 and the motion passed. Sincerely, Harold Ellis, City Planner On behalf of the Planning and Zoning Commission