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Home My WebLink AboutOrd. 509-727 08-09-04 ORDINANCE NO. 509-727 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 STERLING ESTATES SECTION II, LOT 2-A, ABSTRACT 721, 0.879 ACRES OF LAND SITUATED IN THE J. W. MAXEY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED AT 9122 W. STERLING DRIVE) (APPLICATION NO. 1180) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DANIEL AND PATRICIA WOLFE, 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, Daniel and Patricia Wolfe, Owners, filed on June 21, 2004, 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 19th of July, 2004, 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 26th day of July, 2004, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Daniel and Patricia Wolfe, Owners, whereby the 1 ORDINANCE NO. 509-727 Commission recommended to approve a change of classification for 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 August 9, 2004; 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 Daniel and Patricia Wolfe, Owners, 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: 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 as Single Family Dwelling District (R-1), such property being more particularly described as: 0.879 acres of land situated in the J.W. Maxey Survey, Sterling Estates Section II, Lot 2-A, Abstract 721, Brazoria County, Texas (Located at 9122 W. Sterling Drive) 2 ORDINANCE NO. 509-727 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. 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. 3 ORDINANCE NO. 509-727 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. PASSED, APPROVED, and ADOPTED on First Reading this 9th day of August , 2004. ATTEST: 4 TOM REID MAYOR ORDINANCE NO. 509-727 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day of August , 2004. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 5 TOM REID MAYOR PROPERTY OWNER INFORMATION: NAME lJG -1 C�1 WC;1- ADDRESS 9(2a ll�➢ Srl��,"I�c CITY - C ..siCCtrcl STATE PC ZIP 725-43y PHONE( a61 ) a 1G t/ FAX( E-MAIL ADDRESS buttons t hCL\ -pc.. arch APPLICATION FOR A CHANGE IN ZONING Please check one: [Change in Zoning Classification from: 6 D to: (list current zoning) City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1639 281-652-1702 fax www.ci.pearland.tx.us (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: Address: q I a-3,w S kn) c fv e i Peas lckAci I� Subdivision: S-Ler im lS+tktes. 71 Lot: d _ Block: Tax I.D. Number: q-/ 0001-000 ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (type of structures on property): hGme Future/proposed use of property and reason for zone change: home (p< `tble kilt -hen) (a e. cs-r (cur5er- {s , s‘).s c.rYtYvt-knii otA 9.0 s, (c_ pttt Upgrc((etor ►A61/4)e. SC.rn e. des'i re APPLICANT INFORMATION: add. on NAME ADDRESS CITY STATE ZIP PHONE( FAX( E-MAIL ADDRESS 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: O Y1IIU t Ld Date: 6 _a I- (f Agent's Signature: Date: OFFICE USE ONLY: FEES PAID: 4 . 5 cc� DATE PAID: ld'' 9-)-Of RECEIVED BY: 1�' / APPLICATION NO. 1 I gO SUBJECT PROPERTY STERLING DR 101.1111L. ilIlIlIlIll SUNGATE DR i�:• NET DR -- MEI 111111111 --N n-- SUNLIGHT-= r^ SUNSHADOW-CT111111111 Z-- HUGHES RANCH RD IIIIII NNE re. .11 mom • LOCATION MAP Zone Change Application No. 1180 Owner/Applicant: Daniel and Patricia Wolfe Location: 9122 W. Sterling Drive Change: SD - R1 0 200 400 Feet 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 4 - 30 20 b y ' No. Date 20 No. Date 20 No. Date 20 . No. Date 20 ' Subscribe and sworn to before me this / day of -771i Y 20 br LAURA ANN EMMONS Notary public State of texas Commission Expires 09-09-2006 ••......... ••-.......ss... Laura Ann Emmons, Publisher Notary Public, State of Texas Published June 30 & July 7, 2004 NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAt TEXAS ZONE CHANGE APPLICATION NO.1180 Notice is hereby given that on July 19, 2004, 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, 3519 Liberty Drive, Pearland, Texas, on the request of Daniel and Patricia Wolfe, owners, for an amendment to the Land Use and Urban 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: 0.879 acres of land situated in the J.W. Maxey Survey, Sterling Estates Section II, Lot 2-A, Abstract 721, Brazoria County, Texas (Located at 9122 Sterling Drive) W. At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Plant AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1, 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 71 20 J24 No Date 20 No Date 20 No Date 20 4 No. Date 20 Subscribe and sworn to before me this • . • ♦ • • $ • • •-•.• • • • . • • • • 1.• . • • • • ...• • • • • LAURA ANN EMMONS • • • Notary Public, State of Texas • Commission Expires 09-09-2006 • • ..........,. •' g day of Laura Ann Emmons, Publisher Notary Public, State of Texas Pi° Published June 30 & July 7, 2004 NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO.1180 Notice is hereby given that on July 19, 2004, 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, 3519 Liberty Drive, Pearland, Texas, on the request -of Daniel and Patricia Wolfe, owners, for an amendment to the Land Use and Urban 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: 0.879 acres of land situated in the J.W. Maxey Survey, Sterling Estates Section II, Lot 2-A, Abstract 721, Brazoria County, Texas (Located at 9122 W. Sterling Drive) At said hearing all interest- ed; parties shall have the right and opportunity to appear and be heard on the subject. Is/ Theresa G,shmann Planner, . Planning & Zoning Commission City of Pearland July 23, 2004 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1180, for the property located at 9122 W. Sterling Drive Honorable Mayor and Council Members: At their regular meeting of July 19, 2004, the Planning and Zoning Commission considered the request for a zone change from Suburban Development District (SD) to Single Family Dwelling District (R-1) on the following property: Legal Description: 0.879 acres of land situated in the J.W. Maxey Survey, Sterling Estates Section II, Lot 2-A, Abstract 721, Brazoria County, Texas (located at 9122 W. Sterling Drive) Motion to approve was made by Commissioner Ransom and was seconded by Vice Chairperson Greiner. Motion to approve passed 6-0. Sincerely, Planning and Zoning Commission and cc: Daniel and Patricia Wolfe (owners), 9122 W. Sterling Drive, Pearland, TX 77584 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JULY 19, 2004 ZONE CHANGE APPLICATION NO. 1180 Existing Zoning: Suburban Development District (SD) Requested Zoning: Single Family Dwelling District (R-1) Location or Address of Property: 9122 W. Sterling Drive Property Owner: Daniel and Patricia Wolfe Applicant: Daniel and Patricia Wolfe SUMMARY: The applicant is requesting a change in zoning on the subject_ property for single family residential uses. The subject property was annexed into the City in 1998 and subsequently zoned SD. The subject property is currently developed with a single family residence that is considered a non -conforming use. The applicant has indicated that they plan to construct an addition to the single family residence on the subject property if the zone change is approved. SURROUNDING ZONING AND LAND USES: Zoning Land Use North Suburban Development Single family residence District (SD) South Single Family Dwelling Single family residences in Sunrise District (R-3) Lakes residential subdivision Zone Change Application No. 1180 Page 1 East Suburban District (SD) West Suburban District (SD) JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JULY 19, 2004 Development Development Single family residence Single family residences CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting an R-1 zoning district. The minimum lot size for the R-1 district is 8,800 square feet and the minimum lot width is 80 feet. The subject property meets these requirements; the subject property is larger than a half acre in size and approximately 146 feet in width. The applicant will be responsible for complying with all other space limitations of the R-1 zoning district. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan recommends Low Density Residential Uses for the subject property and all of the surrounding properties on Sterling Drive. 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. Therefore, the proposed zone change conforms to the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Sterling Drive, a local/residential street. No other roadways affect the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Many of the lots on Sterling Drive are developed with single family residences, although many are still zoned as SD. Therefore, the use is consistent with existing development within the area. 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 was published in the local newspaper, and a Zoning Sign was placed on the subject property. Zone Change Application No. 1180 Page 2 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF JULY 19, 2004 STAFF RECOMMENDATION: Staff recommends approval of the zone change for R-1, as proposed by the applicant, for the following reasons: 1. The proposed zone change provides for Low Density Residential Uses as recommended by the Comprehensive P.Ian. 2. The proposed zone change is consistent with existing residential uses and R-1 zoning districts along Sterling Drive. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan Zone Change Application No. 1180 Page 3 CITY OF PEARLAND 3523 Liberty Drive (Community Center), Pearland, Texas 77581 281-652-1742 FAX 281-652-1702 www.ci.pearland.tx.us ZONE CHANGE APPLICATION NO. 1180 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 Daniel and Patricia Wolfe, owners, for an amendment to the Land Use and Urban Development :Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-1), on the following describedproperty, to wit: 0.879 acres of land situated in the J.W. Maxey Survey, Sterling Estates Section II, Lot 2-A, Abstract 721, Brazoria County, Texas (Located at 9122 W. Sterling Drive) PUBLIC HEARINGS WILL BE HELD IN THE COUNCIL CHAMBER OF CITY HALL LOCATED AT 3519 Liberty Drive, Pearland, Texas on MONDAY, JULY 19, 2004, AT 6:30 P.M. An application 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 with notification guidelines established by City Ordinance and State law. At said hearing, all interested parties shall have the right and opportunity 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 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. • 200' NOTIFICATION LIMITS SUBJECT PROPERTY HALL JERRY L & ICEOLA STERLING DR LYTLE PAUL E & DEBRA JONES JAMES C & CHRISTINA PULTE HOMES OF TEXAS LP li ZPULTE HOMES OF TEXAS LP mirokus �. - N-`�- m SUNRI' T go Nom moriorlo mom ow mos ill 11: BARRETT RICKY LEE & SAMMIE II rRE KENNETH L & ALICE a BURANDT BRIDGET ANNE II 711111111111:PULTE DA& EY'' HOMES OF TEXASBEVRLLP 1W15!fS Pio PULTE HOMES OF TEXAS LP111 ll.i I Z 0 PULTE HOMES OF TEXAS LP 1 ... .„,,, AS LP rm no DR I1iPP la SUN KING OWNERSHIP MAP Zone Change Application No. 1180 Owner/Applicant: Daniel and Patricia Wolfe Location: 9122 W. Sterling Drive Change: SD - R1 0 200 1 1 1 1 1 400 Feet TAX ACCOUj OWNER 05060018220 77890021000 77890020000 77890019000 05060018170 05060018200 77890001000 77890002000 77890003000 05060059105 78645000000 i 78645002009 78645002008 78645002007 78645002006 78645002005 MOORE KENNETH L & ALICE BARRETT RICKY LEE & SAMMIE HALL JERRY L & ICEOLA HAMLET LESTER SABLE FRED A & BEVERLY BURANDT BRIDGET ANNE WOLFE DANIEL R JR & PATRICIA JONES JAMES C & CHRISTINA LYTLE PAUL E & DEBRA PULTE HOMES OF TEXAS LP PULTE HOMES OF TEXAS LP RESIDENT AT PULTE HOMES OF TEXAS LP RESIDENT AT PULTE HOMES OF TEXAS LP RESIDENT AT PULTE HOMES OF TEXAS LP RESIDENT AT PULTE HOMES OF TEXAS LP RESIDENT AT PULTE HOMES OF TEXAS LP ADDRESS ZONE CHANGE APPLICATION NO. 1180 Property Owner Notification List • CITY ST ZIP CODE LEGAL DESCRIPTION 9037 W STERLING DR 9121 W STERLING DR 9133 W STERLING DR 9205 W STERLING DR 9038 W STERLING DR 9110 W STERLING DR 9122 W STERLING DR 9134 W STERLING DR 9206 W STERLING DR PO BOX 219218 PO BOX 219218 9201 SUNBONNET PO BOX 219218 9203 SUNBONNET PO BOX 219218 9205 SUNBONNET PO BOX 219218 9207 SUNBONNET PO BOX 219218 9209 SUNBONNET PO BOX 219218 PEARLAND TX 77584-8550 A0506 H T & B R R, TRACT 10F, ACRES 0.750 PEARLAND TX 77584-8552 STERLING ESTATES SEC II (A0721 J W MAXEY), LOT 2-U, ACRES 0.878 PEARLAND TX 77584-8552 STERLING ESTATES SEC II (A0721 J W MAXEY), LOT 2-T, ACRES 0.750 PEARLAND TX 77584-8554 STERLING ESTATES SEC II (A0721 J W MAXEY), LOT 2-S, ACRES 0.750 PEARLAND TX 77584-8549 A0506 H T & B R R, TRACT 10A, ACRES 0.750 PEARLAND TX 77584-8551 A0506 H T & B R R, TRACT 10D, ACRES 0.750 PEARLAND TX 77584-8551 STERLING ESTATES SEC II (A0721 J W MAXEY), LOT 2-A, ACRES 0.870 PEARLAND TX 77584-8551 STERLING ESTATES SEC II (A0721 J W MAXEY), LOT 2-B, ACRES 0.750 PEARLAND TX 77584-8553 STERLING ESTATES SEC II (A0721 J W MAXEY), LOT 2C, ACRES 0.750 HOUSTON TX 77218-9218 A0506 H T & B R R, TRACT 11-12, ACRES 6.2599, PEARLAND HOUSTON TX 77218-9218 SUNRISE LK 5 (A721 JWMAXEY) (A304&A506 HT&B) RES A-F, ACRES 5.140 PEARLAND TX 77584 BLOCK 2, LOT 9 HOUSTON TX 77218-9218 SUNRISE LAKES 5 (A0721 J W MAXEY) (A0506 HT&BRR), BLOCK 2, LOT 9 PEARLAND TX 77584 BLOCK 2, LOT 8 HOUSTON TX 77218-9218 SUNRISE LAKES 5 (A0721 J W MAXEY) (A0506 HT&BRR), BLOCK 2, LOT 8 PEARLAND TX 77584 BLOCK 2, LOT 7 HOUSTON TX 77218-9218 SUNRISE LAKES 5 (A0721 J W MAXEY) (A0506 HT&BRR), BLOCK 2, LOT 7 PEARLAND TX 77584 BLOCK 2, LOT 6 HOUSTON TX 77218-9218 SUNRISE LAKES 5 (A0721 J W MAXEY) (A0506 HT&BRR), BLOCK 2, LOT 6 PEARLAND TX 77584 BLOCK 2, LOT 5 HOUSTON TX 77218-9218 SUNRISE LAKES 5 (A0721 J W MAXEY) (A0506 HT&BRR), BLOCK 2, LOT 5 ZONING MAP Zone Change Application No. 1180 Owner/Applicant: Daniel and Patricia Wolfe Location: 9122 W. Sterling Drive Change: SD - R1 N W E s 0 200 400 Feet ITY IAL SUBJECT PROPERTY STERLING -DR r O i 1- um SUN _.KING .DR FUTURE LAND USE PLAN W " E Zone Change Application No. 1180 Owner/Applicant: Daniel and Patricia Wolfe Location: 9122 W. Sterling Drive Change: SD - R1 0 200 1 1 1 1 1 400 Feet