Ord. 509-769 04-25-05ORDINANCE NO. 509-769
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 0.950 ACRE TRACT OF LAND, LOT 8, OF HOANG SUBDIVISION, AN
UNRECORDED SUBDIVISION OF 11.980 ACRE TRACT OF LAND BEING LOT 49
AND THE NORTH 87.05 FEET OF LOT 50, OF THE ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION OF SECTION 9, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 234, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN VOLUME 2, PAGES 23 AND 24, OF THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED WEST OF ROY ROAD, AND NORTH
OF ROBIN SOUND STREET) (APPLICATION NO. 1219) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF SYLVIA C. BETANCOURT, 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, Sylvia C. Betancourt, owner, filed on February 1, 2005, 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 21st day of March, 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 31th day of March, 2005, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
1
ORDINANCE NO. 509-769
regarding the proposed amendment application by Sylvia C. Betancourt, 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
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 April 11, 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 Sylvia C. Betancourt, 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:
0.950 acre tract of land, Lot 8, of Hoang Subdivision, an unrecorded subdivision
of 11.980 acre tract of land being Lot 49 and the north 87.05 feet of Lot 50, of
the Allison Richey Gulf Coast Home Company Subdivision of Section 9, H.T. &
B.R.R. Company Survey, Abstract 234, according to the map or plat thereof
recorded in Volume 2, Pages 23 and 24, of the Plat Records of Brazoria County,
Texas, City of Pearland, Brazoria County, Texas (Generally Located West of Roy
Road, and North of Robin Sound Street)
2
ORDINANCE NO. 509-769
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.
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
3
ORDINANCE NO. 509-769
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 llth day of
Apri 1 , 2005.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
25th day of Apri 1 , 2005.
ATTEST:
APP OVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Please check one:
jgt] Change in Zoning Classification from: , ST to: — -�
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information: ,, /
Address: 'RQ ►ROO4 Tax Account No. Oa 34 009 3 `r2O0
Subdivision: Lot: % Block:
"Attach a copy of the metes and bounds description, survey, or legal description**
Current use of property
(type of structures on property): JOei ir€
Future/proposed use of property and reason for zone change: i(-5 tde r .i o Q
PROPERTY OWNER INFORMATION:
NAME �.v t Ck C I 0.r ZC.0 tk.
ADDRESS (>3 o ` Q.Po03
CITY.kck ( ti� STATE ZIP `-k".1
PHONE( c-%\) Qzi r '- $ \ ~)
FAX( )
E-MAIL ADDRESS
APPLICANT INFORMATION:
NAME cj P M
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:
Date:
Agent's Signature: Date:
0
Updated 10-29-04
I I IVL VV 1...
FEES`
V I• L• I •
{ OD
DATE
I
RECEIVED
APPLICATION
PAID: 0
�.7
PAID:
I I S
BY:
NUMBER:
***APPLICATION IS CONSIDERED INCOMPL WITHOUT A METES AND BOUNDS
DESCRIPTION OR SURVEY AND THE APPLICATION FEE***
PAID FEB 0 1 Z005
PROPERTY11.111111111111111111
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:1111OgtN MEADOW ST /
4
W-CLIFF STONERD — —
LOCATION MAP
Zone Change Application No. 1219
Owner/Applicant: Sylvia C. Betancourt
Change: SD - R1
W+E
s
0 200 400 Feet
1 1 1 1 1
ftpp 1119
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
1
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No / Date J"1 20 __ _
No Date 20
No. Date 20
No. Date 20
No. Date 20
President
Subscribe and sworn to before me this /d day ofAi4C/L)
20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
LEGALS
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO. 1219
Notice is hereby given that
on March 21, 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, will conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive,Pearland,
Texas,on the request of
Sylvia C. Betancourt,
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:
0.950 acre tract of land, Lot
8, of Hoang Subdivision, an
unrecorded'subdiision of
11.980 acre tract of land
being Lot 49 and the north
87.05 feet of Lot 50, of the
Allison Richey- Gulf Coast
Home Company Subdivi-
sion of Section 9,-H.T. &
B.R.R. Company Survey,
Abstract 234, according to
the map or plat thereof
recorded in Volume 2,
Pages 23 and 24, of the
Plat Records of Brazoria
County, Texas, City of
Pearland, Brazoria County,
Texas (Generally Located
West of Roy Road, and
North of Robin Sound
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
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 . f 20 _
No. Date 20
No Date 20
No Date 20
- No. Date 20
1717711(12t4--
President
Subscribe and sworn to before me this day of
20 05
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published March 2 & March
9, 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 NO1219
Notice is hereby given that
on March 21, 2005, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pearland, in Ormond, Harris
and Fort Bend Counties,
Texas, writ conduct a joint
public hearing in the Council
ChamberietCity Hall, 3519
Liberty re,;Pearland,
Texas, on ihe request of
Sylvia C. Betancourt,
owner, for an amendment to
the Land,:Use and Urban
Development Ordinance of
said City farm classification
Suburban Development
District (SD) to Single
Family Dwelling District (R-
1), on the following
described property, to wit:
0.950 acre tract of land, Lot
8, of Hoang Subdivision, an
unrecorded subdivision of
11.980 acre tract of land
being Lot 49 andthe north
87.05 feet of. Lot 50, of. the
Allison R cichiey Gulf Coast
Home Company'Subdivi-
sion of Section.9,1a.T. &
B.R.R. Company Survey,
Abstract 234, according to
the map or plat thereof
recorded in Volume 2,
Pages 23 and 24, of the
Plat Records of Brazoria
CountyTexas, City of
Pearland, Brazoria County,
Texas (Generally Located
West of Roy. Road, and
North of ` Robin Sound
Street)
At said hearing all interest-
ed -parties shall have the
right and opportunity le
aPpearand be heard on the
subject.
/s/ Theresa Grahmann
Senior Planner
Planning & Zoning Commission
Recommendation Letter
March 31, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1219, a request by Sylvia C.
Betancourt, 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)
Honorable Mayor and City Council Members:
At their regular meeting of March 21, 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: 0.950 acre tract of land, Lot 8, of Hoang Subdivision, an
unrecorded subdivision of 11.980 acre tract of land being Lot 49
and the north 87.05 feet of Lot 50, of the Allison Richey Gulf Coast
Home Company Subdivision of Section 9, H.T. & B.R.R. Company
Survey, Abstract 234, according to the map or plat thereof
recorded in Volume 2, Pages 23 and 24, of the Plat Records of
Brazoria County, Texas, City of Pearland, Brazoria County, Texas
General Location: Generally Located West of Roy Road, and North of Robin Sound
Street
Commission Member Iocco made a motion to recommend approval of the zone change
request, which was seconded by Commission Member West. No further discussion
occurred. The motion to approve was passed 5 — 0. The zone change was
recommended for approval by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Recommendation Letter, 04/11/05 City Council Meeting,
Zone Change Application No. 1219
Page 1 of 1
0
DRAFT MINUTES
Excerpt from Minutes of 3/21/05 Joint Public Hearing
B. CONSIDERATION & POSSIBLE ACTION — Zone Change Application No. 1219
A request by Sylvia C. Betancourt, 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:
Legal Description: 0.950 acre tract of land, Lot 8, of Hoang Subdivision, an unrecorded subdivision
of 11.980 acre tract of land being Lot 49 and the north 87.05 feet of Lot 50, of the Allison Richey
Gulf Coast Home Company Subdivision of Section 9, H.T. & B.R.R. Company Survey, Abstract
234, according to the map or plat thereof recorded in Volume 2, Pages 23 and 24, of the,Plat
Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas; Generally Located
West of. Roy Road, and North of Robin Sound Street
Planning & Zoning Chairperson Ruby Sandars read the purpose into the record.
Senior Planner Theresa Grahmann presented the Staff Report.
,_. The applicant, Sylvia C. Betancourt of 7030 Robin Meadow, Pearland, TX 77581, addressed the
council and commission, stating that she is requesting a residential zone change.
There were no persons wishing to speak for or against the proposed request.
There was no Council/Planning Commission/Staff discussion.
PI
VO QUAN B TRUC
VO QUAN. BTRUC
DOAN SON XUYEN
200' NOTIFICATION
LIMITS. -
SUBJECT
PROPERTY.
FABELLA-EDDIE HUNG
LE LOC VAN
FABELLA EDDIE HUNG
LE LOC
HOANG VANPHUONG
HOANG KHUONG XUAN
S
3111
°JIM IMP
,reL0 WHALEY MICHAEL B
VAN ' � ROBIN COVE HOMEOWMERS ASSOC
MMIII
,
S ,KING SHANON`
Al III
HARRINGTON RUTH ELLEN
1ID7. ROY WAYNE �a WHALEY RAY B
HOANG QUANG VAN
I
HOANG KHUONG-XUAN
I 1
HOANG KHUONG XUAN
HOANG KHUONG XUAN
SHARON-DR
STRICKLAND STEPHEN-
BURSNALLSUMMER
7
SHAKE DONALD B & LINDA
LITTLE ROBERT R & KIM D
HOANG. KHUONG XUAN
ALLISON ROY RAYMOND JR
111
— — — W CLIFF -STONE RD-{
OWNERSHIP MAP
Zone Change Application No. 1219
Owner/Applicant: Sylvia C. Betancourt
Change: SD - R1 0 200 400 Feet
11111
W+E
PROP ID OWNER
R165828
R165822
R165829
R165832
R165834
R165835
R165829
R165832
R165834
R165835
R244354
R244343
R244353
R244352
R244351
R244350
R244345
R244349
R165820
R165831
R165830
R165833
R165827
R165827
R244346
R244347
R244348
HOANG KHUONG XUAN
DOAN SON XUYEN
HOANG KHUONG XUAN
TELLEZ MANUEL G
LE LOC VAN
SYLVIA BETANCOURT
FABELLA EDDIE HUNG
HOANG KHUONG XUAN
TELLEZ MANUEL G
LE LOC VAN
FABELLA EDDIE HUNG
WHALEY MICHAEL B & GERALDINE
ROBIN COVE HOMEOWMERS ASSOC INC
KING SHANON
SHAKE DONALD B & LINDA
BURSNALL SUMMER S & JOHNATHON
STRICKLAND STEPHEN & PAULINE
HARRINGTON RUTH ELLEN
DEES ROY WAYNE
HOANG QUANG VAN
HOANG VAN PHUONG
VO QUAN B TRUC
VO QUAN B TRUC
HOANG KHUONG XUAN
HOANG KHUONG XUAN
WHALEY RAY B
ALLISON ROY RAYMOND JR & CAROLYN
LITTLE ROBERT R & KIM D
ZONE CHANGE APPLICATION NO. 1219
Property Owner Notification List
ADDRESS
1818 ROY RD UNIT 2
1818 ROY RD TRLR 11
1818 ROY RD UNIT 2
2105 14TH ST
ROY ROAD
7030 ROBIN MEADOW
1818 ROY RD TRLR 12
1818 ROY RD UNIT 2
2105 14TH ST
ROY ROAD
1818 ROY RD TRLR 12
7013 ROBIN SOUND ST
PO BOX 984
7105 ROBIN SOUND ST
7117 ROBIN SOUND ST
7125 ROBIN SOUND ST
7129 ROBIN SOUND ST
7034 ROBIN SOUND ST
7130 ROBIN SOUND ST
1818 ROY RD TRLR 3
2902 LINDA DR
1818 ROY RD TRLR 7C
1818 ROY RD TRLR 7C
1818 ROY RD UNIT 2
1818 ROY RD UNIT 2
7106 ROBIN SOUND ST
7118 ROBIN SOUND ST
7128 ROBIN SOUND
CITY
ST ZIP CODE LEGAL DESCRIPTION
PEARLAND TX 77581=7632
PEARLAND TX 77581-7632
PEARLAND TX 77581-7632
GALENA PARK TX 77547-2214
PEARLAND TX 77581
PEARLAND TX 77581
PEARLAND TX 77581-7632
PEARLAND TX 77581-7632
GALENA PARK TX 77547-2214
PEARLAND TX 77581
PEARLAND TX 77581-7632
PEARLAND TX 77581-8956
PEARLAND TX 77588-0984
PEARLAND TX 77581-8958
PEARLAND TX 77581-8958
PEARLAND TX 77581-8958
PEARLAND TX 77581-8958
PEARLAND TX 77581-8955
PEARLAND TX 77581-8957
PEARLAND TX 77581-7632
PEARLAND TX 77584-1306
PEARLAND TX 77581-7632
PEARLAND TX 77581-7632
PEARLAND TX 77581-7632
PEARLAND TX 77581-7632
PEARLAND TX 77581-8957
PEARLAND TX 77581-8957
PEARLAND TX 77581
PT LTS 49-50(CALLED LT 5) 234 H T & B, ACRES 0.965
A0234 H T & B R R, TRACT 49-50 (PT) (CALLED LT 11), ACRES 0.965
A0234 H T & B R R, TRACT 49-50 (PT) (CALLED LT 6), ACRES 0.950
A0234 H T & B R R, TRACT 49-50 PT CALLED LT 8, ACRES 0.950
PT LTS 49-50(CALLED LT 10)234 H T & B, ACRES 0.950
PROPERTY OWNER
A0234 H T & B R R, TRACT 49-50 (PT) (CALLED LOT 12), ACRES 0.475
A0234 H T & B R R, TRACT 49-50 (PT) (CALLED LT 6), ACRES 0.950
A0234 H T & B R R, TRACT 49-50 PT CALLED LT 8, ACRES 0.950
PT LTS 49-50(CALLED LT 10)234 H T & B, ACRES 0.950
A0234 H T & B R R, TRACT 49-50 (PT) (CALLED LOT 12), ACRES 0.475
ROBIN COVE SD (A0234 H T & B), BLOCK 2, LOT 10, ACRES 0.459
ROBIN COVE SD (A0234 H T & B), LOT RES, ACRES 0.459
ROBIN COVE SD (A0234 H T & B), BLOCK 2, LOT 9, ACRES 0.459.
ROBIN COVE SD (A0234 H T & B), BLOCK 2, LOT 8, ACRES 0.450
ROBIN COVE SD (A0234 H T & B), BLOCK 2, LOT 7, ACRES 0.529
ROBIN COVE SD (A0234 H T & B), BLOCK 2, LOT 6, ACRES 0.552
ROBIN COVE SD (A0234 H T & B), BLOCK 2, LOT 1, ACRES 0.460
ROBIN COVE SD (A0234 H T & B), BLOCK 2, LOT 5, ACRES 0.624
HOANG S/D (A0234 H T & B R R), BLOCK 1, LOT 1-2, ACRES 1.683
A0234 H T & B R R, TRACT PT LTS 49-50, ACRES 0.482
A0234 H T & B R R, TRACT PT LTS 49-50, ACRES 0.483
A0234'H T & B R R, PT LTS 49-50 E/2 LT 9, ACRES 0.476
A0234 H T & B R R, TRACT 49-50 (PT) (CALLED LT 4), ACRES 0.950
A0234 H T & B R R, TRACT 49-50 (PT) (CALLED LT 4), ACRES 0.950
ROBIN COVE SD (A0234 H T & B), BLOCK 2, LOT 2, ACRES 0.460
ROBIN COVE SD (A0234 H T & B), BLOCK 2, LOT 3, ACRES 0.460
ROBIN COVE SD (A0234 H T & B), BLOCK 2, LOT 4, ACRES 0.486
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF MARCH 21, 2005
Zone Change Application No. 1219
TO: City Council
Planning and Zoning Commission
SUBJECT:
LEGAL
DESCRIPTION:
GENERAL
LOCATION:
A request by Sylvia C. Betancourt, 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)
0.950 acre tract of land, Lot:• 8, of Hoang Subdivision, an
unrecorded subdivision of 11.980 acre tract of land being Lot 49
and the north 87.05 feet of Lot 50, of the Allison Richey Gulf
Coast Home Company Subdivision of Section 9, H.T. & B.R.R.
Company Survey, Abstract 234, according to the map or plat
thereof recorded in Volume 2, Pages 23 and 24, of the Plat
Records of Brazoria County, Texas, City of Pearland, Brazoria
County, Texas
Generally Located West of Roy Road, and North of Robin
Sound Street
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: March 21, 2005
City Council for First Reading: April 11, 2005
City Council for Second Reading: April 25, 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 undeveloped. The applicant has
indicated that they plan to construct a single family residence on the subject property if the
zone change is approved.
ZCA No. 1219
Page 1
SURROUNDING ZONING AND LAND USES:
Zoning
North Suburban Development
District (SD)
South Single Family Dwelling District
(R-1)
East Suburban Development
District (SD)
West Single Family Dwelling District
(R-1)
. Land Use
Single family residences
Single family residences
Undeveloped tract
Undeveloped tract
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 in its present
configuration meets these minimum requirements, as the subject property is approximately
160 feet wide and approximately 0.950 acres in size.
The subject property also meets the minimum lot size and lot width for the R-E district. The
applicant chose the R-1 district in order to provide consistency with existing R-1 tracts
within in the subject area, as well as consistency with the placement of the future structure
on the subject property.
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 many of the surrounding properties within the subject area. The
Comprehensive Plan further indicates that the appropriate zoning districts 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 a 60 foot wide private access easement that is called Roy Road, as all existing lots on
this private access easement have a Roy Road address. This private access easement is
paved. The Thoroughfare Plan does not specify any improvements for this roadway.
No other roadways affect the subject property.
ZCA No. 1219
Page 2
AVAILABILITY OF UTILITIES: City water and sewer services do not extend to the subject
property. Water well and septic tank service will need to be provided ,by the applicant when
the subject property is developed.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Many of the Tots in the vicinity of
the subject tract are zoned for single family residences, as R-1. Many of the lots that are
still zoned as SD are developed with either single family residences or mobile home
residences. 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. 1219
Page 3
ZONING MAP
Zone Change Application No. 1219
Owner/Applicant: Sylvia C. Betancourt
Change: SD - R1
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W+E
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0 200 400 Feet
I 1 1 1
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SUBJECT
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FUTURE LAND USE PLAN
Zone Change Application No. 1219
Owner/Applicant: Sylvia C. Betancourt
Change: SD - R1 0 200 400 Feet
1 1 1 1
W+E