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Ord. 509-741 10-11-04ORDINANCE NO. 509-741 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 1.25 ACRES OF LAND, TRACT 9A2C, ABSTRACT 546, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED AT 6222 TERRELL DRIVE) (APPLICATION NO. 1192) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF FATIMA E. AND PEDRO S. HERNANDEZ, 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, Fatima E. and Pedro S. Hernandez , Owners, filed on August 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 20th day of September, 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 29rd 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 Fatima E. and Pedro S. Hernandez, Owners, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Suburban 1 ORDINANCE NO. 509-741 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 October 11, 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 Fatima E. and Pedro S. Hernandez, 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 zoned to Single Family Dwelling District (R-1), such property being more particularly described as: 1.25 acres of land, Tract 9A2C, Abstract 546, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 6222 Terrell Drive) 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 2 ORDINANCE NO. 509-741 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. VII. This Ordinance shall become effective after its passage and approval on second and final reading. 3 ORDINANCE NO. 509-741 PASSED, APPROVED, and ADOPTED on First Reading this llth day of October , 2004. TOM REID MAYOR ATTEST: finaliI °L.t.t YO LORFI CI SECRETA ''Y PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day of October ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY , 2004. 1.22ti TOM REID MAYOR 4 AUG 20 2004 16:12 FR CITY OF PEARLAND 281 652 1702 TO 97132188346 P.01/01 APPP618A1MA aAOR A CHANGE IN ZONING City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652.1639 281-652-1702 fax www.ci.peariand.tx-us Please check one: ,�/Chan e In ZoningClassification from: S Br -Change caxlon to: (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : {list proposed uee) Property Information: Address; - ka. c eit,6-c, )-37 54 c),) )9- 0 6, i lac),}' e, aa"- Subdivision: Lot:_ BIocK: - / ,,.� Tax I.D. Number: 5-4/ ' ©9 /o�-�, _ " For unplatted property, attach a 'Dopy of the metes and bounds description''' Current use of property / (type of structures on property): ,4N41iE Future/proposed use of property and reason for zone change: PROPS OWNER INFORMATION: ADDRESS /,, APPLICANT INFORMATION: NAME rf' a, G n '7e-iQ £. weiiM f NAME .Z ADDRESS %Po2r ,e . CITY Agthiet,gd STATE ZIP 773?' CITY STATE ZIP PHONE(13 G �/) �� 7 F PHONE( ) FAX( / 3 ) �/ g. - 3 9 1 FAX( )_ E-MAIL ADDRESS teaStx.44 6 thi ei,'L r/7A5 t E-MX11L.RDDRESS 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,, ee. Owner's Signature` tit . �rT Date: Agent's Signature: Date:' OFFICE USE ONLY: FEES PAID: RECEIVED BY: oo DATE PAID; ga .q APPLICATION NO. PAID AUG 2 3 2004 ** TOTAL PAGE.01 ** 11111 111171 II miont "TERIREIL DR" 1111111111111 liatliSHARONDALE sT 1111111111111 v 23 LARRYCREST DR 1111 PATRIDGE-DR WILLOW ST LOCATION MAP Zone Change Application No. 1192 Owner/Applicant: Fatima and Pedro Hernandez Change: SD - R1 W E 0 200 11111 400 Feet 1 AFFIDAVIT OF PUBLICATION N 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 folios: No. • 20 No. Date 20 No. Date 20 No. Date 20 No. Date 20 Date / 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 /? NICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING MP ZONING COMMISSION OFtt THE CITY OF PEAAR.. ZONE CHANGE' APPLICATION ,NO.1 tit Notice is hereby given that on September 20, 2004, at 6:30 p m., the Ci Council and Planningflititifit(FanICZonIng Commission. of the City of Pear, in Erazorfa, Harris and; Fort 4fiendtcounties, Texas, will conduct a joint ..unc1 Chambers of City Hall, 3519 Liberty- Drive, Pearland, Texas, on the request of Fatima and `' Pedro Hernandez, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (S'D) to Single FamilyFamilt Dwelling District"(R- 1), On ,the- fotiowing described property, to wit: 1.25 acres of land,; Tract 9A2C, Abstract 546, H.T. & E.A.R. Company Survey, Brazoria County, Texas (Located at .6222 Terrell Drive) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. is/ Theresa Grahmann Senior Planner AFFIDAVIT OF PUBLICA TION 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 publishedin Brazoria and Harris Counties in THE REPORTER NEWS, a news circulation in Brazoria, Harris &..Galveston Counties issues, paper a general ssues, as folloWs: No. / Date , 20L • No- Date 20 No. Date 20 No. . 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 /h on -a — President day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published Sept.`1. 2004 apt. 8, NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO.1192 Notice is hereby%given that on September 20, 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 Fatima and Pedro Hernandez, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classffication Suburban Development District (SD) to Single Family Dwelling District (R- 1), ' on the::- Ifollowing described properly, to wit: 1.25 acres of land, Tract 9A2C, Abstract 546, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 6222 Terrell Drive) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner Planning & Zoning Commission City of Pearland October 4, 2004 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1192, for the property located at 6222 Terrell Drive Honorable Mayor and Council Members: At their regular meeting of September 20, 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: 1.25 acres of land, Tract 9A2C, Abstract 546, H.T. & B.R.R. Company Survey, Brazoria County, Texas (located at 6222 Terrell Drive) Commissioner Greiner made a motion to approve, and Vice Chairman Iocco seconded. Motion to approve passed 7-0. Sincerely, Planning and Zoning Commission and cc: Fatima E. & Pedro S. Hernandez (owners/applicants) 6222 Terrell Drive Pearland, TX 77584 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF SEPTEMBER 20, 2004 ZONE CHANGE APPLICATION NO. 1192 Existing Zoning: Suburban Development District (SD) Requested Zoning: Single Family Dwelling District (R-1) Location or Address of Property: 6222 Terrell Drive Property Owner: Fatima and Pedro Hernandez Applicant: Fatima and Pedro Hernandez 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 1997 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 they plan to remove the mobile home and construct a modular home on the subject property if the zone change is approved. SURROUNDING ZONING AND LAND USES: Zoning Land Use North Single Family Dwelling District Single family residence; (R-1); Suburban Development Undeveloped tract District (SD) South Suburban Development Single family residences District (SD) Zone Change Application No. 1192 Page 1 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF SEPTEMBER 20, 2004 East Single Family Dwelling District Single family residence (R-1) West Suburban Development Single family residence District (SD) 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 approximately 1.13 acres in size and has approximately 160 feet of frontage along Terrell Drive. 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 Terrell 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 District R-1. Therefore, the proposed zone change conforms to the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Terrell Drive, a local/residential street. No other roadways affect the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Many of the lots on Terrell Drive are developed with single family residences or mobile home residences, and several of these lots are zoned as R-1, although many are still zoned as SD. Therefore, the use is consistent with existing development and zoning districts 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 Zone Change Application No. 1192 Page 2 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF SEPTEMBER 20, 2004 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 Terrell 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. 1192 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. 1192 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 Fatima and Pedro Hernandez, 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: 1.25 acresof land, Tract 9A2C, Abstract 546, H.T. & B.R.R. ..,Company Survey, Brazoria County, Texas (Located. at 6222 Terrell Drive) r PUBLIC HEARINGS WILL BE HELD IN THE COUNCIL CHAMBER OF CITY HALL LOCATED AT 3519 Liberty Drive, Pearland, Texas on MONDAY, SEPTEMBER 20, 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 LIST . : .,,CANTU.GEOFIGE..‘ GARCIA UDENC10.: :CANTU GEORGE 11111 C>I1c=z03 ::j — RAVENWOOD DR- 4 m a OWNERSHIP MAP Zone Change Application No. 1192 Owner/Applicant: Fatima and Pedro Hernandez Change: SD - R1 WE 0 200 400 Feet litil TAX ACCOUNT 05460009133 05460009134 05460009160 05460009150 05460009190 05460009180 05460009121 05460009125 05460009120 05460009205 75530010000 75530012000 75530014000 75530016000 75530018000 75530020000 OWNER GARCIA ARTENIO GARCIA AUDENCIO CANTU GEORGE CANTU GEORGE RODRIGUEZ CLAUDIA GOODMAN GALVAN LEONEL G HERNANDEZ.FATIMA E & PEDRO REGALADO VICTOR & RAQUEL REYES RACHEL%ELIZABETH VASQUEZ VASQUEZ JOEL M ETUX FRALEY THOMAS P & CYNTHIA RAMOS JOSE A & BEATRICE BERGER JESSIE MORALES MANUEL JR FERNANDEZ AMADEO SWEET GUY W%GABRIEL LLAMAS ZONE CHANGE APPLICATION NO. 1192 Property Owner Notification List ADDRESS 6201 TERRELL DR 6205 TERRELL DR 6305 TERRELL DR 6305 TERRELL DR 6202 TERRELL DR 6206 TERRELL DR 6222 TERRELL DR 6226 TERRELL DR 6318 TERRELL DR 6318 TERRELL DR 6125 SHARONDALE ST 5192 WILLOW WOOD RD 6205 SHARONDALE ST 3729 S MEADOWS ST 6011 SHARONDALE ST 6225 SHARONDALE ST CITY ST ZIP CODE PEARLAND TX 77584-6647. PEARLAND TX 77584-6647 PEARLAND TX 77584-6649 PEARLAND TX 77584-6649 PEARLAND TX 77584-6646 PEARLAND TX 77584-6646 PEARLAND TX 77584-6646 PEARLAND TX 77584-6646 PEARLAND TX 77584-6648 PEARLAND TX 77584-6648 PEARLAND TX 77584-5097 RLLNG HLS EST CA 90274-2321 PEARLAND TX 77584-5099 ALVIN TX 77511-9154 PEARLAND TX 77584 PEARLAND TX . 77584-5099 LEGAL DESCRIPTION A0546 H T & B R R, TRACT 9A3C (E/2), ACRES 0.994 A0546 H T & B R R, TRACT 9A3C (W/2), ACRES 0.994 A0546 H T & B R R, TRACT 9A6, ACRES 2.000 A0546 H T & B R R, TRACT 9A5, ACRES 1.000 A0546 H T & B R R, TRACT 9A9, ACRES 1.000 A0546 H T & B R R, TRACT 9A8, ACRES 1.000 A0546 H T & B R R, TRACT 9A2C, ACRES 1.25 A0546 H T & B R R, TRACT 9A2B, ACRES 1.000 A0546 H T & B R R, TRACT 9A2, ACRES 0.762 A0546 H T & B R R, TRACT 9A2A, ACRES 1.000 SHARONDALE (A0546 H T & B R R), LOT 10 SHARONDALE (A0546 H T & B R R), LOT 12 SHARONDALE (A0546 H T & B R R), LOT 14 SHARONDALE (A0546 H T & B R R), LOT 16, ACRES 0.760 SHARONDALE (A0546 H T & B R R), LOT 18 SHARONDALE (A0546 H T & B R R), LOT 20(C/S) ZONING MAP Zone Change Application No. 1192 Owner/Applicant: Fatima and Pedro Hernandez Change: SD - R1 0 200 400 Feet , I 1 1 1 I FUTURE LAND USE PLAN Zone Change Application No. 1192 Owner/Applicant: Fatima and Pedro Hernandez Change: SD - R1 0 200 400 Feet 1 I I I