Ord. 509-736 09-13-04ORDINANCE NO. 509-736
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 1.3718 ACRE TRACT OF LAND OUT OF LOT
51 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION
OF SECTION 19, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 243,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2,
PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS,
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE WEST SIDE
OF STONE ROAD, AND ON THE NORTH SIDE OF SEDDON ROAD)
(APPLICATION NO. 1185) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF MICHAEL SHANE WEST, 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, Michael Shane West, Owner, filed on July 22, 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 16th day of August, 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 3rd day of September, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Michael Shane West, Owner,
1
ORDINANCE NO. 509-736
whereby the Commission recommended approval of the change of classification for the
described property 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 the recommendation of
the Planning and Zoning Commission at a regular meeting on September 13, 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 Michael Shane West, 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:
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 zoned to Single Family Dwelling District (R-1), such property being more
particularly described as:
1.3718 acre tract of land out of Lot 51 of the Allison Richey Gulf Coast Home
Company Subdivision of Section 19, H.T. & B.R.R. Company Survey, Abstract
243, according to the map or plat thereof recorded in Volume 2, Page 23, of the
Plat Records of Brazoria County, Texas, Pearland, Brazoria County, Texas
(Located on the West Side of Stone Road, and on the North Side of Seddon
Road)
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
2
ORDINANCE NO. 509-735
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.
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. 509-736
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this nth day of
September , 2004.
TOM REID
MAYOR
ATTEST:
NGL,��►'"
Y SETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
27th day of September , 2004.
TOM REID
MAYOR
4
ORDINANCE NO. 509-736
ATTEST:
APPROVED AS TO FORM:
r,_ed,
DARRIN M. COKER
CITY ATTORNEY
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
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
ig Change in Zoning Classification from: (-AG to: Res }Fae.A....� fl
(list current zoning) (list proposed zoning)
El Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: 1 5 LA 5 -►-G-N p -L
Subdivision: Lot: Block:
Tax I.D. Number:
0 2L _ 0053-000
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): m®'o <<e
Future/proposed use of property and reason for zone change: 4
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME rir\ �.�e..X � hA-vte- (,L>�5' i NAME A-Vifl[`
ADDRESS 1'7 5 �-( ST�e ALE re..O . ADDRESS
CITY Pew t A-v<,L STATE -77 ZIP -2 CITY STATE ZIP
PHONE( ( ) t W5 - Q► S i PHONE(
FAX( 713 ) 29 / - Cv (e7 FAX(
E-MAIL ADDRESS 3 W CS 1 Q&( v )i/o ,nRG 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: s InCA t�� Date: 7 - 0 - De(
Agent's Signature: Date:
OFFICE USE ONLY: FEES PAID: '/J- °S'- DATE PAID: r1 -
RECEIVED BY: APPLICATION NO. 015
LOCATION MAP
Zone Change Application No. 1185
Owner/Applicant: Michael Shane West
Change: SD - R1
W E
0 200 400 Feet
AFFIDAVIT OF PUBLICATION
The Pearla.nd 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 newspaperp hed
circulation in Brazoria, Harris &Galveston Counties, for of general
issues, as follows:
No
No.
No.
Date 7 - Zf
Date
Date
Date —
No. Date
Subscribe and sworn to before me this
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
20
20
20
_20
20
m 01__
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
J
Published July 28 and Aug
4, 2004
NOTICE OF A JOIN1
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING. AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NQ. 1185
Notice is hereby given that
on August 16, 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
Michael Shane West,
owner, 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 properly, to wit:
1.3718 acre tract of land out
of Lot 51 of the Allison
Richey Gulf Coast Home
Company Subdivision of
Section 19, H.T. &'B.R.R.
Company Survey, Abstract
243, according to the map
or plat thereof recorded in
Volume 2, Page 23, of the
Plat Records of Brazoria
County, Texas, Pearland,
Brazoria County, Texas
(Located on the West Side
of Stone Road, and on the
North Side of Seddon Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject:
/s/ Theresa Grahmann
Planner l
IU I-IUAVIT 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 g7-* 20
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
J r
Published•July 28 and Au(
4, 2004
NOTICE OF A JOIN'
PUBLIC HEARING OF THI
CITY COUNCIL AND THI
PLANING AND ZONIN(
COMMISSION OF THE
CITY OF PEARLAND
TEXAS
ZONE CHANGE
APPLICATION NO.1185
Notice is hereby given that
on August 16, 2004, at 6:30
p.m., the City Council and
Planning and Zoning
Commissionof 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
Michael Shane West,
owner, 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:
1.3718 acre tract of land out
of Lot 51 of the Allison
Richey Gulf Coast Home
Company Subdivision of
Section 19, H.T. & B,R.R.
Company Survey, Abstract
243, acco►ding to the map
or plat thereof recorded in
Volume 2, Page 23, of the
Plat Records of Brazoria
County, Texas, Pearland,
Brazoria County, Texas
(Located on the West Side
of Stone Road, and on the
North Side of Seddon Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/sr Theresa Grahmann
Planner I
Planning & Zoning Commission
City of Pearland
September 3, 2004
Honorable Mayor and City Council Members
3 519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1185, for the property generally
located on the west side of Stone Road, and on the north side of Seddon Road
Honorable Mayor and Council Members:
At their regular meeting of August 16, 2004 the Planning and Zoning Commission considered
the request for a zone classification change from Suburban Development District (SD) to Single
Family Dwelling District (R-1), on the following property:
Legal Description: 1.3718 acre tract of land out of Lot 51 of the Allison
Richey Gulf Coast Home Company Subdivision of Section 19, H.T. & B.R.R.
Company Survey, Abstract 243, according to the map or plat thereof recorded in
Volume 2, Page 23, of the Plat Records of Brazoria County, Texas, Pearland,
Brazoria County, Texas (located on the west side of Stone Road, and on the north
side of Seddon Road)
Commissioner Greiner made a motion to approve, seconded by Commissioner West.
Motion to approve passed 4-0.
Sincerely,
Planning and Zoning Commission
and
cc: Michael Shane West (owner), 1754 Stone Road, Pearland, TX 77581
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF AUGUST 16, 2004
ZONE CHANGE
APPLICATION
NO. 1185
Existing Zoning: Suburban Development District (SD)
Requested Zoning: Single Family Dwelling District (R-1)
Location or Address of Property: 1754 Stone Road
Property Owner: Michael Shane West
Applicant: Michael Shane West
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 mobile home
residence that is considered a non -conforming use. The applicant has indicated that he
plans to construct a detached garage on the subject property if the zone change is
approved.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Single Family Dwelling Single family residence
District (R-1)
South Suburban Development Various commercial and general
District (SD) business land uses
Zone Change Application No. 1185
Page 1
East Suburban
District (SD)
West Suburban
District (SD)
Development
Development
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF AUGUST 16, 2004
Single family residence
Single family residence
CONFORMANCE TO THE LAND USE AND URBANDEVELOPMENT 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 1.37 acres in size and has approximately 262 feet of
frontage along Stone Road and has approximately 228 feet of frontage along Seddon
Road.
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 (2004
update adopted on July 26, 2004) recommends Low Density Residential Uses for the
subject property and all of the surrounding properties on Seddon Road and Stone Road.
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 District R-1. Therefore, the proposed zone change conforms to the
Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Seddon Road, a local/residential street. The subject property also has frontage on
Stone Road, a major collector street with 80 feet of right-of-way that is to be widened in the
future as necessary. The future McHard Road does not affect the subject property, as it is
located several hundred feet to the north of the subject property.
•
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Many of the lots on Seddon
Road and Stone Road are developed with single family residences or mobile home
residences, although many are still zoned as SD. Therefore, the use is consistent with
existing development and zoning districts within the area.
Zone Change Application No. 1185
Page 2
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF AUGUST 16, 2004
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.
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 Plan.
2. The proposed zone change is consistent with existing residential uses and R-1
zoning districts along Stone Road and Seddon Road.
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. 1185
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. 1185
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 Michael Shane West, owner, 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:
1.3718 acre tract of land out of Lot 51 of the Allison Richey Gulf
Coast Home Company Subdivision of Section 19, H.T. & B.R.R.
Company Survey, Abstract 243, according to the map or plat
thereof recorded in Volume 2, Page 23, of the Plat Records of
Brazoria County, Texas, Pearland, Brazoria County, Texas
(Located on the West Side of Stone Road, and on the North Side of
Seddon Road)
PUBLIC HEARINGS WILL BE HELD IN THE
COUNCIL CHAMBER OF CITY HALL
LOCATED AT
3519 Liberty Drive, Pearland, Texas
on
MONDAY, AUGUST 16, 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.
OWNERSHIP MAP
Zone Change Application No. 1185
Owner/Applicant: Michael Shane West
Change: SD - R1
w
N
s
0 200 400 Feet
11 1 1 1
ZONE CHANGE APPLICATION. NO. 1185
Property Owner Notification -list
TAX ACCOUNT OWNER
05050017110 WALTERS DENNIS J
02430035000 JUGUILON MARIO V U & LIZA A
05050004000 BRULL ELMER J ETUX
05050019000 GANDY CARY L & SUSAN
02430053000 WEST MICHAEL S
74920019000 GARZA JESUS
74920019000 GARZA JESUS
74920017000 GARZA NOE
74920017000 GARZA NOE
05050011110 ROBERTS KENNETH W
02430054000 WHITE DALE R
74920002000 HERRICK DUANE A & MARY
74920002000 HERRICK DUANE A & MARY
74920003000 CALDWELL LOIS M
74920004000 SMITH WILLIAM C EST%SHIRLEY EDWARDS ADM
05050020112 MORGAN MARVIN EDWARD
05050020000 MORGAN MARVIN EDWARD
ADDRESS
CITY
1721 STONE ROAD PEARLAND
1738 STONE RD PEARLAND
1733 STONE RD PEARLAND
1745 STONE RD PEARLAND
1754 STONE RD PEARLAND
7901 SEDDON RD PEARLAND
7901 SEDDON RD PEARLAND
4835 CR 565 PEARLAND
4835 CR 565 PEARLAND
1801 STONE RD PEARLAND
1806 STONE RD STE A PEARLAND
7906 SEDDON RD PEARLAND
7906 SEDDON RD PEARLAND
7910 SEDDON RD PEARLAND
4608 BURNING TREE DR BAYTOWN
1817 STONE RD PEARLAND
1817 STONE RD PEARLAND
ST ZIP CODE LEGAL DESCRIPTION
TX 77581-8079
TX 77581-8078
TX 77581-8079
TX 77581-8079
TX 77581-8078
TX 77581-7705
TX 77581-7705
TX 77581
TX 77581
TX 77581-8081
TX 77581-7952
TX 77581-7704
TX 77581-7704
TX 77581-7704
TX 77521-3022
TX 77581-8081
TX 77581-8081
A0505 H T & B R R, TRACT 7 (PT), ACRES 1.000
A0243 H T & B R R, TRACT 50, ACRES 5.000.
A0505 H T & B R R, TRACT 7 SOUTH PT, ACRES 4.000
A0505 H T& B R R, TRACT 8 N 1/2, ACRES 5.000
A0243 H T & B R R, TRACT 51A, ACRES 1.180
SEDDON ACRES (A243 HT&B), LOT 19-20 TR 51, ACRES 0.720
SEDDON ACRES (A243 HT&B), LOT 19-20 TR 51, ACRES 0.720
SEDDON ACRES (A243 HT&B), LOT 17-18 TR 51, ACRES 0.720
SEDDON ACRES (A243 HT&B), LOT 17-18 TR 51, ACRES 0.720
A0505 H T & B R R, TRACT 8A1-BA, ACRES 4.91
A0243 HT&BR R, TRACT 51, ACRES 1.180
SEDDON ACRES (A243 HT&B), LOT 1-2 TR 51 (C/S), ACRES 0.722
SEDDON ACRES (A243 HT&B), LOT 1-2 TR 51 (C/S), ACRES 0.722
SEDDON ACRES (A0243 H T & B R R), LOT 3 TR 51, ACRES 0.361
SEDDON ACRES (A243 HT&B), LOT 4-5-6-7 TR 51, ACRES 1.440
A0505 H T & B R R, TRACT 9, ACRES 3.910
A0505 H T & B R R, TRACT 9B, ACRES 1.000
R-1
R-1
SD
LONGLEAF DR
SD
11111111114 is
NI/
SEDDON RD
11111111111
SD
SUBJECT
PROPERTY
ZONING MAP
Zone Change Application No. 1185
Owner/Applicant: Michael Shane West
Change: SD - R1
N
W E
s
0 200 400 Feet
FUTURE LAND USE PLAN
*adopted July 26, 2004
Zone Change Application No. 1185
Owner/Applicant: Michael Shane West
Change: SD - R1
0 200 400 Feet
I I 1 I I