Ord. 509-770 04-25-05ORDINANCE NO. 509-770
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 0.76 ACRES OF LAND, CALLED LOT 16 OF THE UNRECORDED
SHARONDALE SUBDIVISION, SITUATED IN A 10 ACRE TRACT OF LAND IN
THE SOUTH ONE-HALF OF THE NORTHEAST ONE -QUARTER OF THE
SOUTHEAST ONE -QUARTER OF THE G.C. SMITH SURVEY, SECTION 16, H.T.
& B.R.R. COMPANY SURVEY, ABSTRACT 546, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (LOCATED AT 6217 SHARONDALE STREET) (APPLICATION
NO. 1220) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF MANUEL
MORALES, 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, Manuel Morales, owner, filed on February 4, 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
regarding the proposed amendment application by Manuel Morales, owner, whereby
the Commission recommended approval of the change of classification for the
1
ORDINANCE NO. 509-770
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 Manuel Morales, 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:
0.76 acres of land, called Lot 16 of the unrecorded Sharondale Subdivision,
situated in a 10 acre tract of land in the south one-half of the northeast one -
quarter of the southeast one -quarter of the G.C. Smith Survey, Section 16, H.T.
& B.R.R. Company Survey, Abstract 546, City of Pearland, Brazoria County,
Texas (Located at 6217 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
2
ORDINANCE NO. 509-770
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.
'ry
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
ORDINANCE NO. 509-770
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:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
4
Plea check one:
APPLICATION FOR
A CHANGE IN ZONING
"6D„
Change in Zoning Classification from: (' a A A -t., „� to:
�.Yist current zoning)
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
1R - 2
ire e1,)1-;►-L-
(list proposed zoning)
0 Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: (c , 11 5 1,1. Art 0.0 cl ivLe Tax Account No. ' b 3 - 0 0 I In -0 0 0
Subdivision: >2 cl rt L e Lot: \ tC Block:
**Attach a copy of the metes and bounds description, survey, or legal description**
Current use of property
(type of structures on property): Xj -e, o L4j S -1-- e rt /q ,St
Future/proposed use of property and reason for zone change: R , , c1 ii 4- ; L
�� ,; kJJ Pnn rzy
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME yr\ A ,!,f to 1 PA Q /0✓-t L p S NAME
ADDRESS 3 1 a 9 5 Yv1 e r d C\ LOS S t— ADDRESS
CITY A L v , ,-) STATE - r X ZIP i S ) CITY STATE ZIP
PHONE( 1 13) L 5 --3 O A 7 6)1_39 1382-- 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.
Owner's Signature: T ,1444-et.e7
Date: L; ` - 0
Agent's Signature: Date:
OFFICE USE ONLY:
'4ID5
RECEIY
4/
APPLICANUMBERTION
PAID:
95.
PAID:
BY:
O
APPLICATION IS CONSIDERED INCOMPLETE WITHOUT A METES AND BOUNDS
DESCRIPTION OR SURVEY AND THE APPLICATION FEE***
Updated 10-29-04
- LARRYCREST DR-
PATRIDGE-DR_
--WILLOW-ST- -
OANE PL'
LOCATION MAP
Zone Change Application No. 1220
Owner/Applicant: Manuel Morales
Change: SD - R1
W E
0 200 400 Feet
1 1 1 1 1
pPat)
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. 9 Date cg"1 20 -_ (2:____
No Date 20
No. Date 20
No Date 20
- No. Date 20
Subscribe and sworn to before me this
20
41S1W(17t4-
President
(
/0
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of YilinCA--)
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published March 2 & March
9, 2005''
NOTICE 0 A JOINT ,
PUBLIC HEARING OF THE.
CITY COUNCIL AND THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO. 1220
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 Brenda, Harris
and Fort Bend Counties,
LEGALS
Texas, will conduct a --joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Manuel Morales, owner, for
an amendment,to the Land,
Published March 2 & March
9, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
Use and Urban Develop-
ment Ordinance•of said City
from classification Suburban
Development District (SD)
to Single Family Dwelling
District (R•1), on the follow-
ing described property, to
wit:
0.76 acres of land, called
Lot 18 ofthe unrecorded
Sharondale Subdivision, sit-
uated in a 10 acre tract of
land in the south one-half of
the northeast one -quarter of
the southeast one -quarter of
the G.C. Smith. Survey,
Section 16, H.T. & B.R.R.
Company Survey, Abstract
546, City of Pearland,
Brazoria County, Texas
(Located at 6217 Sharon-
date Street)
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 Manner
peg llaaD
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 / Date
20_
No Date 20
No. Date 20
No Date 20
No. Date 20
,
Subscribe and sworn to before me this
20 0-5-
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
President
day of LliPat(
Laura Ann Emmons, Publisher
Notary Public, State of Texas
J
Published March. 2 & March
9, 2005
NOTICE OF A,J91NT
PUBLIC ME ;ING OF THE
CITY COUNCII,AND THE
PLANNING,ANDBONING;
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO..1220
Notice is hereby,: given that
on March 21, 2005, at 8:30
p.m., the City council and
Planning er►d, : Zoning
Comm►ssion of the City of
Nyland, in Braoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council I
Chambers of_City Half, 3519
Liberty Drive Pearland,
Texas, on tiierequest of
Manuel Motates .owner, for
an amendment to the Land
Use and Urban Develop-
ment Ordinance of said City
from classification Suburban
Development -District (SD)
to Single Family Dwelling
District (R•1),'on the follow-
ing described property, to
wit:
0.76 acres of land, called
Lot 16 of the unrecorded
Sharondale Subdivision, sit-
uated in a 10acre tract of
land in the south one-half of
the northeast one -quarter of
the southeast one -quarter of
the G.C. Srnith Survey,
Section 16, H.T. &• B.R.R.
Company Survey, Abstract
546, City of Pearland,
Brazoria County, Texas
(Located at 6217 Sharon -
dale Street) , <.
At said. hearing all interest--
edparties shaft hayel
right and okittriunity
appeateltritteteartt on the
LEGAi! S
sub)
Is1 Theresa.Gromann
Saner Planrter,
P1annin & 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. 1220, a request by Manuel
Morales, 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: 0.76 acres of land, called Lot 16 of the unrecorded Sharondale
Subdivision, situated in a 10 acre tract of land in the south one-half
of the northeast one -quarter of the southeast one -quarter of the
G.C. Smith Survey, Section 16, H.T. & B.R.R. Company Survey,
Abstract 546, City of Pearland, Brazoria County, Texas
General Location: Located at 6217 Sharondale Street
Commission Member locco 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. 1220
Page 1 of 1
DRAFT MINUTES
Excerpt from Minutes of 3/21/05 Joint Public Hearing
C. CONSIDERATION & POSSIBLE ACTION - Zone Change Application No. 1220
A request by Manuel Morales, 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: 0.76 acres of land, called Lot 16 of the unrecorded Sharondale Subdivision,
situated in a 10 acre tract of land in the south one-half of the northeast one -quarter of the
southeast one -quarter of the G.C. Smith Survey, Section 16, H.T. & B.R.R. Company Survey,
Abstract 546, City of Pearland, Brazoria County, Texas; Generally located at 6217 Sharondale,
Street
Planning & Zoning Chairperson Ruby Sandars read the purpose into the record.
Senior Planner Theresa Grahmann presented the Staff Report.
The applicant's representative, Janet Behunco of RE/MAX 1, addressed the council and
commission. The property is for sale at this time, and the rezoning of the property will allow for
building a single-family residence.
There were no persons wishing to speak for or against the proposed request.
There was no Council/Planning Commission/Staff discussion.
200' NOTIFICATION LIMITS
REGALADO VICTOR & RAQUEL.
VVALKER WATER WORKS-INC.
LSRWALTER &'GLENDA pr ,
WEBSTER WALTER & GLENDA I / 111
SUBJECT
PROPERTY
HERNANDEZ FATIMA.E & PEDRO
GALVAN LEONEL G
itinkra
al re pip
.<
WILLOW ST_
RODRIGUEZ CLAUDIA GOODMAN
BERGER JESSIE
- RAMOS JOSE-A &.BEATRICE-
FRALEY THOMAS P & CYNTHIA
ADAME JOSE & IRMA R
MEDINA EDWARD R & MARY M
CRESPO ARMANDO & ANNA MARIA.
` - CRESPO ARTM4
NDO &ANNA ARIA
ilmi
i
NE-Rt.
OWNERSHIP MAP
Zone Change Application No. 1220
Owner/Applicant: Manuel Morales
Change: SD - R1
W+E
0 200 400 Feet
i i l I
PROP ID OWNER
R177418 GALVAN LEONEL G
R177402 REYES RACHEL MS%ELIZABETH VASQUEZ
R247625 FRALEY THOMAS P & CYNTHIA
R247636 SWEET GUY%ROBERT POURCHOT JR
R247628 CRESPO ARMANDO & ANNA MARIA
R247630 CRESPO ARMANDO & ANNA MARIA
R247633 WEBSTER WALTER & GLENDA
R177419 RODRIGUEZ CLAUDIA GOODMAN
R492551 HERNANDEZ FATIMA E & PEDRO
R177403 REGALADO VICTOR & RAQUEL
R247627 RAMOS JOSE A & BEATRICE
R247629 BERGER JESSIE
R247631 MORALES MANUEL JR
R247632 FERNANDEZ AMADEO
R247634 LLAMAS GABRIEL HERNANDEZ
R247624 ADAME JOSE & IRMA R
R247626 MEDINA EDWARD R & MARY M
R247633 WEBSTER WALTER & GLENDA
R247638 WALKER WATER WORKS INC
ZONE CHANGE APPLICATION NO. 1220
Property Owner Notification List
ADDRESS
6206 TERRELL DR
6318 TERRELL DR
6125 SHARONDALE ST
6301 SHARONDALE ST
6210 SHARONDALE ST
6210 SHARONDALE ST
1931 ALDINE PARK LN
6202 TERRELL DR
6222 TERRELL DR
6226 TERRELL DR
5192 WILLOW WOOD RD
6205 SHARONDALE ST
3729 S MEADOWS ST
6011 SHARONDALE ST
6225 SHARONDALE ST
5701 BECKY LN
6202 SHARONDALE-CR 406 PEARLAND
1931 ALDINE PARK LN HOUSTON
PO BOX 907 EL CAMPO
CITY
ST ZIP CODE LEGAL DESCRIPTION
PEARLAND TX
PEARLAND TX
PEARLAND. TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
HOUSTON TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
RLLNG HLS EST CA
PEARLAND TX
ALVIN TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
TX
TX
TX
77584-6646
77584-6648
77584-5097
77584-2974
77584-5098
77584-5098
77093-1055
77584-6646
77584-6646
77584-6646
90274-2321
77584-5099
77511-9154
77584
77584
77584-8325
A0546 H T & B R R, TRACT 9A8, ACRES 1.000
A0546 HT & B R R, TRACT 9A2, ACRES 0.762
SHARONDALE (A0546 H T & B R R), LOT 10
SHARONDALE (A0546 H T & B R R), LOT 22 (C/S)
SHARONDALE (A0546 H T & B R R), LOT 13, ACRES 0.760
SHARONDALE (A0546 H T & B R R), LOT 15
SHARONDALE (A0546 H T & B R R), LOT 17-19(C/S)
A0546 H T & B R R, TRACT 9A9, 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
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)
SHARONDALE (A0546 H T & B R R), LOT 9, ACRES 0.760
77584 SHARONDALE (A0546 H T & B R R), LOT 11
77093-1055: SHARONDALE (A0546 H T & B R R), LOT 17-19(C/S)
77437-0907 SHARONDALE (A0546 H T & B R R), LOT WELL -SITE, .10 ACRES
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF MARCH 21, 2005
Zone Change Application No. 1220
TO: City Council
Planning and Zoning Commission
SUBJECT:
A request by Manuel Morales, 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)
LEGAL 0.76 acres of land, called Lot 16 of the unrecorded Sharondale
DESCRIPTION: Subdivision, situated in a 10 acre tract of land in the south one-
half of the northeast one -quarter of the southeast one -quarter of
the G.C. Smith Survey, Section 16, H.T. & B.R.R. Company
Survey, Abstract 546, City of Pearland, Brazoria County, Texas
GENERAL
LOCATION:
Located at 6217 Sharondale 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. 1220
Page 1
SURROUNDING ZONING AND LAND USES:
North
South
East
West
Zoning
Single Family Dwelling District
(R-1)
Suburban Development
District (SD); Single Family
Dwelling District (R-1)
Suburban
District (SD)
Suburban
District (SD)
Development
Development
Land Use
Single family/mobile home
residences
Single family/mobile home
residences
Single family/mobile home
residences
Single family/mobile home
residences
' 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
100 feet wide and approximately 0.76 acres in size.
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 Sharondale Street, a local/residential street. The Thoroughfare Plan does not specify
any improvements for this roadway.
No other roadways affect the subject property.
AVAILABILITY OF UTILITIES: A 16 inch water line currently exists within Harkey Road.
Sanitary sewer service exists in the form of an 8 inch gravity main in Sharondale Street.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Many of the lots in the vicinity of
the subject tract are zoned for single family residences, as R-1. Many of the lots that are
ZCA No. 1220
Page 2
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. 1220
Page 3
ZONING MAP
Zone Change Application No. 1220
Owner/Applicant: Manuel Morales
Change: SD - R1
w
s
0 200 400 Feet
1 1 1 1 1
FUTURE LAND USE PLAN
Zone Change Application No. 1220 W
Owner/Applicant: Manuel Morales S
Change: SD - R1 0 200 400 Feet
1 1 1 1 1