The URL can be used to link to this page

Home My WebLink AboutOrd. 509-745 11-08-04 ORDINANCE NO. 509-745 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 1.00 ACRE TRACT OF LAND, TRACT 9A5A,. ABSTRACT 546, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS (LOCATED AT 6313 TERRELL DRIVE) (APPLICATION NO. 1195) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF JOSE CARLOS SALDIVAR, 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, Jose Carlos Saldivar, owner, filed on September 15, 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 18th day of October, 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 27th day of October, 2004, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Jose Carlos Saldivar, owner, 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 1 ORDINANCE NO. 509-745 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 November 8, 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 Jose Carlos Saldivar, 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: 1.00 acre tract of land, Tract 9A5A, Abstract 546, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 6313 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 Zoning Commission and to the City Council for consideration and decision. 2 ORDINANCE NO. 509-745 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. 509-745 PASSED, APPROVED, and ADOPTED on First Reading this 8th day of November , 2004. M REID MAYOR ATTEST: NGL Y SEETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day of November ATTEST: 04, UNG Y S `' RETARY APPROVED AS TO FORM: . Cric- , 2004. DARRIN M. COKER CITY ATTORNEY 4 TOM REID MAYOR APPLICATION FOR 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.pearland.tx.us Please check one: 1/ Change in Zoning Classification from: S b to: Rl — R 1 (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: Address: 6 5/ a /ere L L Dr Subdivision: / / Lot: Block: Tax I.D. Number: 05 (& ` 00 09 /5 ** For unplatted property, attach a copy of the metes and bounds description** Current use of property (Q.S`cP enC�(type of structures on property):t Future/prop9sed use of property and reasion for zqne change: PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME To 5 e PLO Sq I ,d i vOr NAME 50 Yn e ADDRESS 63 IS le y-rreL1- L r ADDRESS CITYfarLgrd STATETX ZIP 7 758Y- CITY STATE ZIP PHONE(Ze I ) v-s'/ - 0508 PHONE( ) FAX( ) FAX( ) E-MAIL ADDRESS 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. n n Q n Owner's Signature: l_A �C�9-�- _�2-& dVi�i o Date: Agent's Signature: Date: OFFICE USE ONLY: FEES PAID: Dil5 RECEIVED BY: rY1Pr )- 1/L-oL DATE PAID: a o APPLICATION NO. / 9,5 rn v C r G z LOCATION MAP Zone Change Application No. 1195 Owner/Applicant: Jose Carlos Saldivar Change: SD - R-1 0 200 400 Feet 1 1 1 1 1 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. i Date JO " 4 20 L_ No. Date 20 No. Date 20 No. Date 20 - No. Date Subscribe and sworn to before me this /d 7 20 • • • • • • • ...• • • * • • • • •.• • • • • • • \ • • • • • •' • • • • • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 • • • •.•.•••..•..•..'•...•••••• ..• 20 day of L"ura Ann Emmons, Publisher. Notary Public, State of Texas SP Published Sept. 29 & Oct. 6, 2004 NOTICE OF kJOINT PUBUC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO.1195' Notice Is hereby given that on October 18, 2004, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Peariand, in Brazoria, Harris and Fort Bend, Counties, Texas, will conduct a joint public hearing in the Council Chambers of,Cityr Hall, 3519 Liberty Drive,Pearland, Texas, on the request of Jose Carlos Saldivar, 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 1.00 acre tract of land, Tract 9A5A, Abstract 546, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 6313 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 Grahmanfl Senior Planner 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 1 issues, as follots: • No. 1 Date 9- 2.1' 20 a No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this JO LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 day of Laura Ann Emmons, Publisher` Notary Public, State of Texas Published Sept. 29 & Oct. 6, 2004 NOTICE OF A JOINT PUBLIC HEARINI OF THE CITY COUNCIL AND THE PLANNING . AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS. ZONE CHANGE „APPLICATION NO. 1195 Notice is hereby given that = on October 18, 2004, at 1,J 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 Jose Carlos Saldivar, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to• Single Family Dwglling District (R- 1), on the following described property, to wit: 1.00 acre tract of land, Tract 9A5A, Abstract 546, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 6313 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 Plannitig & Zoning Commission City of Pearland November 1, 2004 Honorable Mayor and City Council Members 3 519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1195, for the property located at 6313 Terrell Drive Honorable Mayor and Council Members: At their regular meeting of October 18, 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: 1.00 acre tract of land, Tract 9A5A, Abstract 546, H.T.& B.R.R. Company Survey, Brazoria County, Texas (located at 6313 Terrell Drive) Commissioner Ransom made a motion to approve, and Commissioner McWhorter seconded. Motion was approved 5-0. Sincerely, Planning and Zoning Commission and cc: Jose Carlos Saldivar (owner/applicant), 6313 Terrell Drive, Pearland, TX 77584 Existing Zoning: Requested Zoning: Location or Address of Property: Property Owner: Applicant: JOINT PUBLIC HEARING AGENDA ITEM MEETING OF OCTOBER 18, 2004 ZONE CHANGE APPLICATION NO. 1195 Suburban Development District (SD) Single Family Dwelling District (R-1) 6313 Terrell Drive Jose Carlos Saldivar Jose Carlos Saldivar 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 single family residence. The applicant has indicated that they plan to build an addition to the existing residence if the zone change is approved. SURROUNDING ZONING AND LAND USES: North Zoning Single Family Dwelling District (R-3) South Suburban District (SD) East Suburban District (SD) Land Use Undeveloped tract Development Single family residences Development Single family residence Zone Change Application No. 1195 Page 1 West JOINT PUBLIC HEARING AGENDA ITEM MEETING OF OCTOBER 18, 2004 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 acre in size and has approximately 130 feet of frontage along Terrell Drive. The applicant will be responsible for complying with all other space limitations of the R-1 zoning district, such as yard setback requirements and lot coverage. 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. The applicant may be required to submit a plat for the subject property as it is developed. 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. 1195 =_ Page 2 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF OCTOBER 18, 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 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. 1195 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. 1195 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 Jose Carlos Saldivar, 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: 1.00 acre tract of land, Tract 9A5A, Abstract 546, H.T. & B.R.R. Company Survey, Brazoria County, Texas (Located at 6313 Terrell Drive) PUBLIC HEARINGS WILL BE HELD IN THE COUNCIL CHAMBER OF CITY HALL LOCATED AT 3519 Liberty Drive, Pearland, Texas on MONDAY, OCTOBER 18, 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. SUBJECT PROPERTY 200 NOTIFICATION LIMITS I PT&T LTD PTT LTD -� 111pANTuGEOREROCHAELFMARIA E CAN`iU GEQRGE 1111111111 L M ETUX STANLEY BRADSHAW L & CHERRI D c r C Z REGALADO VICTOR& RAQUEL REYES RACHEL MS __SHARONDALE-ST OWNERSHIP MAP Zone Change Application No. 1195 Owner/Applicant: Jose Carlos Saldivar Change: SD - R-1 0 200 400 Feet 1 1 [ I TAX ACCOUNT 05460009160 05460009150 05460009151 05460009170 05460009173 05460009125 05460009120 05460009205 05460009141 05460006000 05460007000 OWNER CANTU GEORGE CANTU GEORGE SALDIVAR CARLOS ARENAS JESUS & FILBERTO ROBB MICHAEL F & MARIA E REGALADO VICTOR & RAQUEL REYES RACHEL MS% ELIZABETH VASQUEZ VASQUEZ JOEL M ETUX STANLEY BRADSHAW L & CHERRI D PT&T LTD PT&T LTD ZONE CHANGE APPLICATION NO. 1195 Property Owner Notification List ADDRESS 6305 TERRELL DR 6305 TERRELL DR 6313 TERRELL DR 8214 BENDELL DR 6401 TERRELL DR 6226 TERRELL DR 6318 TERRELL DR 6318 TERRELL DR 6410 TERRELL DR 1625 CORNICHE ST 1625 CORNICHE ST CITY ST ZIP CODE LEGAL DESCRIPTION PEARLAND PEARLAND PEARLAND HOUSTON PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND TX TX TX TX TX TX TX TX TX LEAGUE CITY TX LEAGUE CITY TX 77584-6649 77584-6649 77584-6649 77017-5303 77584-6651 77584-6646 77584-6648 77584-6648 77584-6650 77573-6502 77573-6502 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 9A5A, ACRES 1.000 A0546 H T & B R R, TRACT 9A7, ACRES 1.000 A0546 H T & B R R, TRACT 9A7C, ACRES 1.000 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 A0546 H T & B R R, TRACT 9A4A, ACRES 2.000 A0546 H T & B R R, TRACT 6, ACRES 33.440 A0546 H T & B R R, TRACT 7A, ACRES 19.243 ZONING MAP Zone Change Application No. 1195 Owner/Applicant: Jose Carlos Saldivar Change: SD - R-1 0 200 400 Feet 1 1 1 1 1 I FUTURE LAND USE PLAN W Zone Change Application No. 1195 Owner/Applicant: Jose Carlos Saldivar Change: SD - R-1 s 0 200 400 Feet 1 1 1 1 1