Ord. 509-755 02-28-05ORDINANCE NO. 509-755
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 LOT 22-B, SHARONDALE SUBDIVISION,
ABSTRACT 546, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (LOCATED AT 6305 SHARONDALE STREET)
(APPLICATION NO. 1205) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF FERNANDO PENA, 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, Fernando Pena, owner, filed on November 4, 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 17th day of January, 2005, 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 2nd day of February, 2005, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Fernando Pena, 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
1
ORDINANCE NO. 509-755
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 February 14, 2005; 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 Fernando Pena, 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:
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:
Lot 22-B, Sharondale Subdivision, Abstract 546, H.T. & B.R.R. Company
Survey, City of Pearland, Brazoria County, Texas (Located at 6305
Sharondale Street)
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. 509-755
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. 509-755
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of
February , 2005.
TOM REID
MAYOR
ATTEST:
/:i. _L.,' -mg. .1
Yl, NG f y?'T,"
' Y S' RETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
28th day of February , 2005.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
[✓ Change in Zoning Classification from:
o
(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
to: k\
(list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: l,,� 0 S Sh o,r o ( c,1r`
Subdivision: Lot: aq—Block:
Tax I.D. Number: 5 5 3 001l 11 O
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property):
+N. oh: ‘e IN 0 DA e
CJr' tik3i rest eteACr.)
Future/proposed use of property and reason for zone change: k o 'ou : \ \\o r.% c
PROPERTY OWNER INFORMATION:
NAME t' e: nCAn k
ADDRESS c.7 hecro
CITY?cLaitrAa STATE 'Cx ZIP '11S$9
PHONE(. %'1 ) 'S
FAX(
E-MAIL ADDRESS
APPLICANT INFORMATION:
NAME c fna.rAAA,��
ADDRESS b 10 Z 11�a,fenaek€
CITY 1)1,uelcifq STATE -"Cr ZIP 11CR-�j
PHONE( ) 1-1%'ct-'Slti �.
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: G Rnxuv 4) 9z✓W
Date: 11- �1-at1
Agent's Signature: Date:
OFFICE USE ONLY: FEES PAID: / ol/5 `' DATE PAID: !RAID RECEIVED BY: APPLICATION ,,AID NOV 1 2004
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SUBJECT
PROPERTY
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MI NI':
JERRYCREST-DR
111111
LARRYCRE
PATR1DGE DR
WILLOW ST
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4
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LOCATION MAP
Zone Change Application No. 1205
Owner/Applicant: Fernando Pena
Change: SD - R1
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
App.laoy
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 /02- a 4 20
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
ill7"11
President
day of /lee —
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Dec. 29, 2004
and Jan. 5, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION OF
THE CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPUCATION NO. 1205
Notice is hereby given that
on January 17, 2005, 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, wilt conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Fernando Pena, 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:
Lot 22•B, Sharondale
Subdivision, Abstract 546,
H.T. & B.R.R. Company
Survey, City of Pearland,
Brazoria County, Texas
(Located at 6305
Sharondale Street)
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
pfp. 1ao5
•
AFFIDAVIT OF.PUBLICATION
The Pearland Reporter. News
2404 South Park
Pear.land, Texas 77581
State of Texas
Brazoria and Hams Counties
I, Randy Emmons, hereby certify that the notice hereby Brazoria,appended
in Brazoria and Harris Counties in THE REPORTER N pp ded was pubi�sh�d
circulation,,in Harris &.Galveston Counties, �S' a newspaper of� general
xnoes, for issues, as follows:
No. / Date /=.. 20 /0_S-
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
day of
Laura Ann Emmons, Publisher`
Notary Public, State of Texas
Published Dec. 29, 2004
and Jan. 5, 2005
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.1205
Notice is hereby given that
on January 17, 2005, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, In Brazoda, Hartle
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chamberaof Hall; 3519-
LibertyDrive, Pearland,
Texas, on the request of
Fernando Pena, 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:
Lot 22•B, Sharondale
Subdivision, Abstract 546,
H.T. & B.R.R. Company
Survey, City of Pearland,
Brazoria County, Texas
(Located at 6305
Sharondale Street)
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
Planning & Zoning Commission
Recommendation Letter
February 2, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1205, a request by Fernando
Pena, 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 property located at 6305 Sharondale
Street
Honorable Mayor and City Council Members:
At their regular meeting of January 17, 2005, 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: Lot 22-B, Sharondale Subdivision, Abstract 546, H.T. &
B.R.R. Company Survey, City of Pearland, Brazoria County, Texas
Commission Member Greiner made a motion to approve the zone change, and
Commission Member Ransom seconded the motion.
The motion to approve was passed by a vote of 6-0.
Sincerely,
Planning and Zoning Commission
Recommendation Letter, 02/14/05 City Council Meeting,
Zone Change Application No. 1205
Page 1 of 1
REYES RACHEL MS
1
0
VASQUEZ JOEL M ETUX
I 1 I ® REGALADO VICTOR & RAQUEL TERRELL-DR
STANLEY BRADSHAW L & CHERRI D 1 I
WESTRENEE L
200' NOTIFICATION
LIMITS _ I SWEETGUY W
- . SHARONDALE-ST
n►
TOMMY,& CINDY
NIkHARRISON
SUBJECT
PROPERTY
FERNANDEZ AMADEO
PHILLIPS MICHAEL & MARY
HARRISON TOMMY & CINDY
I I I
WALKER WATER WORKS INC
OWNERSHIP MAP
Zone Change Application No. 1205
Owner/Applicant: Fernando Pena
Change: SD - R1
0 200 400 Feet
11111
TAX ACCOUNT
05460009125
05460009120
05460009205
05460009141
75530018000
75530020000
75530022110
05460004120
75530019000
75530019000
75530023000
75530021000
ZONE CHANGE APPLICATION NO. 1205
Property Owner Notification List
OWNER
REGALADO VICTOR & RAQUEL
REYES RACHEL%ELIZABETH VASQUEZ
VASQUEZ JOEL M ETUX
STANLEY BRADSHAW L & CHERRI D
FERNANDEZ AMADEO
SWEET GUY W%GABRIEL LLAMAS
PENA FERNANDO & MARIA S
WEST RENEE L
HARRISON TOMMY & CINDY%BAILEY & WEBSTER
HARRISON TOMMY & CINDY%BAILEY & WEBSTER
WALKER WATER WORKS INC
PHILLIPS MICHAEL & MARY
ADDRESS
6226 TERRELL DR
6318 TERRELL DR
6318 TERRELL DR
6410 TERRELL DR
6011 SHARONDALE ST
6225 SHARONDALE ST
6305 SHARONDALE
6302 BROADWAY ST STE 250
1931 ALDINE PARK LN
1931 ALDINE PARK LN
PO BOX 907
6302 SHARONDALE ST
CITY
ST ZIP CODE LEGAL DESCRIPTION
PEARLAND TX 77584-6646
PEARLAND TX 77584-6648
PEARLAND TX 77584-6648
PEARLAND TX 77584-6650
PEARLAND TX 77584
PEARLAND TX 77584-5099
PEARLAND TX 77584
PEARLAND TX 77581-7828
HOUSTON TX 77093-1055
HOUSTON TX 77093-1055
EL CAMPO TX 77437-0907
PEARLAND TX 77584-2973
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
SHARONDALE (A0546 H T & B R R), LOT 18
SHARONDALE (A0546 H T & B R R), LOT 20(C/S)
SHARONDALE (A0546 H T & B R R), LOT 22B
A0546 H T & B R R, TRACT 9D, ACRES 10.261
SHARONDALE (A0546 H T & B R R), LOT 17-19(C/S)
SHARONDALE (A0546 H T & B R R), LOT 17-19(C/S)
SHARONDALE (A0546 H T & B R R), WELL, .10 ACRES
SHARONDALE (A0546 H T & B R R), LOT 21
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
Zone Change Application No. 1205
TO: City Council
Planning and Zoning Commission
SUBJECT:
LEGAL
DESCRIPTION:
GENERAL
LOCATION:
A request by Fernando Pena, 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)
Lot 22-B, Sharondale Subdivision, Abstract 546, H.T. & B.R.R.
Company Survey, City of Pearland, Brazoria County, Texas
Located at 6305 Sharondale Street
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: January 17, 2005
City Council for First Reading: February 14, 2005
City Council for Second Reading: February 28, 2005
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. The applicant has indicated that they plan to construct a single family residence
on the subject property if the zone change is approved.
SURROUNDING ZONING AND LAND USES:
North
Zoning Land Use
Suburban Development Single family residence
District (SD)
ZCA No. 1205
Page 1
South
East
West
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
Suburban Development
District (SD)
Single Family Dwelling District
(R-1)
Single family residence
Single family residence
Single Family Dwelling District Undeveloped tract
(R-1)
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 the
minimum lot size requirements, as the subject property is over 1/2 acre in size and has a
lot width of approximately 106 feet.
The applicant will be responsible for complying with all other ordinance requirements, 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" for the subject
property and for the surrounding properties on Sharondale Street and Terrell Drive. The
Comprehensive Plan further indicates that the appropriate zoning districts and for Low
Density Residential 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 Sharondale Street, a local/residential street. No other roadways affect the subject
property.
It has not yet been determined if the subject property will be need to be platted in
accordance with the Subdivision Ordinance. The applicant may be required to submit a
plat for the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Some lots in the vicinity of the
subject tract are zoned for single family residences, as R-1. Many of the Tots in the subject
area are developed with single family residences, although many are still zoned as SD.
ZCA No. 1205
Page 2
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
Therefore, the proposed zoning for R-1 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
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 R-1 zoning districts within the
subject areas, as well as being consistent with existing single family residential uses
within the subject area.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Zoning Map
• Future Land Use Plan
ZCA No. 1205
Page 3
SUBJECT
PROPERTY
ZONING MAP
Zone Change Application No. 1205
Owner/Applicant: Fernando Pena
Change: SD - R1
W
0 200 400 Feet
111�en.
SUBJECT
PROPERTY
FUTURE LAND USE PLAN
Zone Change Application No. 1205
Owner/Applicant: Fernando Pena
Change: SD - R1
W+E
0 200 400 Feet
I I I 1