Ord. 509-781 06-27-05ORDINANCE NO. 509-781
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 9H7 AND 9H4, OF RICHLAND ACRES SUBDIVISION, AN
UNRECORDED SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 509, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(LOCATED AT 3801 AUBRELL DRIVE) (APPLICATION NO. 1229)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF
SEAN SCOTT, 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, Sean Scott, owner, filed on April 15, 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 16th day of May, 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 1st day of June, 2005, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Sean Scott, owner, whereby the Commission
recommended approval of the change of classification for the described property from
1
ORDINANCE NO. 509-781
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 June 13, 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 Sean Scott, 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 District (R-1), such property being more
particularly described as:
Lot 9H7 and 9H4, of Richland Acres Subdivision, an unrecorded subdivision,
H.T. & B.R.R. Company Survey, Abstract 509, City of Pearland, Brazoria County,
Texas (Located at 3801 Aubrell 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
2
ORDINANCE NO. 509-781
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
Ordinance No. 509 and consistent with the approval herein granted for the
reclassification of the herein above described property.
3
ORDINANCE NO. 509-781
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
June , 2005.
ATTEST:
C -�N F2-F-4-1
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
27th day of June , 2005.
ATTEST:
Y SEETARY
APPROVED AS TO FORM:
DRRIN M. COKER
CITY ATTORNEY
4
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TOM REID
MAYOR
Plea
check one:
APPLICATION FOR
A CHANGE IN ZONING
Et Change in Zoning Classification from: a )(! v
(list current zoning)
to:
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
2-1
res
(list proposed zoning)
Specific Use Permit Request for :
(list proposed use)
Property Information: % %
Address: _ JO/ 4 vb(c-1 / Tax Account No.
Subdivision: I icJ /a Ylc-/ ACT' c 5 Lot: q H 7 -9 /--/ L/ Block:
*'" Attach a copy of the metes and bounds description, survey, or legal description
Current use of property
(type of structures on property):
Future/proposed use of property and reason for zone change: rleS i T c %'eS / I 11- !
Z 0/2 l /�` e. e r red L e err/ /� '
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PROPERTY OWNER INFORMATION:
NAME ,cetn ,SCc L �
OSo /ao) 01y0
APPLICANT INFORMATION:
NAME 6 MC AS- i1JAM- k
ADDRE S Arc / ADDRESS
CITY ""ELI` A11 STATE J A/ ZIP 7 % SS L7 CITY STATE ZIP
PHONE(d Sl ) Vso/ CSC/S PHONE( )
FAX( _ )
FAX(
E-MAIL ADDRESSS WS C o (ID 9P21 1 / . C c r3') E-MAIL ADDRESS
PETITION: As owner/agent, t-1iereby 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: c 6 `/S OS --
Agent's Signature: Date:
OFFICE USE ONLY:
FEES �1 Go
PAID: 1
DATE
PAID: � IVO
***APPLICATION IS CONSIDERED INCOMPLETE WITHOUT A METES AND BOUNDS
DESCRIPTION OR SURVEY AND THE APPLICATION FEE***
Updated 10-29-04
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LOCATION MAP
Zone Change Application
No. 1229
W+E
0 200 400 Feet
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Map Prepared on April 26, 2005
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 Y- 27
20 ��
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this Zg
20_
•
•
•
•
•
•
•
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
• •• •.•••• •: •I '•• • •-• • ••,
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published April 27 and May
4, 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. 1229
Notice is hereby given that
on May 16, 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
Sean Scott, 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:
Lot 9H7 and 9H4, of
Richland Acres Subdivision,
an unrecorded subdivision,
H.T. & B.R.R. Company
Survey, Abstract 509, City
of Pearland, Brazoria
County, Texas (Located at
3801 Aubrell 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
AFFIDAVIT OF PUBLICATION Rrf °td61
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. l Date " y
20 CC
No. Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20 05
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published April 27 and May
4, 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. 1229
Notice is hereby given that
on May 16, 2005, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Hams
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
Sean Scott, 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, 10
wit:
Lot 9H7 and 9H4, of
Richland Acres Subdivision,
an unrecorded subdivision,
H.T. & B.R.R. Company
Survey, Abstract 509, City
of Pearland, Brazoria
County, Texas (Located at
3801 Aubrell 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
P1annin & Zoning Commission
Recommendation Letter
June 1, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1229, a request by Sean
Scott, 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 May 16, 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 9H7 and 9H4, of Richland Acres Subdivision, an
unrecorded subdivision, H.T. & B.R.R. Company Survey,
Abstract 509, City of Pearland, Brazoria County, Texas
General Location: Located at 3801 Aubrell Drive
Commission Member Ransom made a motion to recommend approval of the zone
change request, which was seconded by Commission Member Greiner. The motion to
approve was passed 6 — 0. The zone change was recommended for approval by the
Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 1229
Page 3 of 3
VILLARREAL.RAFAEL&•YOLANDA
SALINAS AUGUSTIN &_MARTHA
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BARNETT JACK & JOHNNIE, '
ALEXANDER BOB
PRINCE D'LA MARY F
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BEEMAN J B' it
1017/- SHEETS RALPH W.
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SHEETS RANDY
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ADEWOOD-PL
SUBJECT
PROPERTY
41111111
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BRADER SUSAN M JORDAN
_--SPRING ]CIRCLE-DR-
MARTINEZ D C ET UX
BRADER SUSAN M JORDAN
KELLUM KATHRYNLAWAYNE
- _CARROCK-DR- - -
MIN
OWNERSHIP MAP
Zone Change Application
No. 1229
0 200 400 Feet
1 1 1 1 1
Map Prepared on April 26, 2005
PROP ID OWNER
R176051
R176057
R176059
R496435
R176062
R176052
R176061
R176053
R176060
R176060
R176100
R176034
R176073
R176085
R176058
R176050
R176069
R176071
R176072
R176100
RODRIGUEZ ELIECER PABLO
BRANNON GARY
BRADER SUSAN M JORDAN
ALEXANDER BOB
SHEETS RANDY
SALINAS AUGUSTIN & MARTHA
SHEETS RALPH W
BARNETT JACK & JOHNNIE M
SCOTT SEAN WILLIAM
SCOTT SEAN WILLIAM
ERNST EVERETT L
BEEMAN J B
KELLUM KATHRYN LAWAYNE
VILLARREAL RAFAEL & YOLANDA
BRADER SUSAN M JORDAN
PRINCE D L & MARY F
MITCHELL MARVIN R & VIRGINIA
ZONE CHANGE APPLICATION NO. 1229
Property Owner Notification:. List
ADDRESS
3734 AUBRELL RD
5525 COTTONWOOD ST
PO BOX 266656
314 S BEAUREGARD ST
3737 AUBRELL RD
195 REDWOOD RD
3745 AUBRELL RD
17018 BOUGAINVILLA LN
3801 AUBRELL RD
3801 AUBRELL RD
2280 GEMINI ST
5626 COTTONWOOD ST
5522 COTTONWOOD ST
3725 AUBRELL RD
PO BOX 266656
412 CHAPPELL HILL DR
5602 COTTONWOOD ST
MARTINEZ D C ET UX 5606 COTTONWOOD ST
MILLER MERRITT JR & MILDRED ANN TRS 5610 COTTONWOOD ST
ERNST EVERETT L 2280 GEMINI ST
CITY
ST ZIP CODE LEGAL DESCRIPTION
PEARLAND TX 77584-8312
PEARLAND TX 77584-8311
HOUSTON TX 77207-6656
ALVIN TX 77511-2141
PEARLAND TX 77584-8313
RIO GRANDE CY TX 78582-9734
PEARLAND TX 77584-8313
FRIENDSWOOD TX 77546-3419
PEARLAND TX 77584-8315
PEARLAND TX 77584-8315
HOUSTON TX 77058-2031
PEARLAND TX 77584-8300
PEARLAND TX 77584-8310
PEARLAND TX 77584-8313
HOUSTON TX 77207-6656
FRIENDSWOOD TX 77546-4816
PEARLAND TX 77584-8300
PEARLAND TX 77584-8300
PEARLAND TX 77584-8300
HOUSTON TX 77058-2031
A0509 HT&BRR,
RICHLAND ACRES
RICHLAND ACRES
A0509HT&BRR,
A0509HT&BRR,
RICHLAND ACRES
RICHLAND ACRES
RICHLAND ACRES
RICHLAND ACRES
RICHLAND ACRES
RICHLAND ACRES
RICHLAND ACRES
RICHLAND ACRES
RICHLAND ACRES
RICHLAND ACRES
RICHLAND ACRES
RICHLAND ACRES
RICHLAND ACRES
A0509HT&BRR,
RICHLAND ACRES
TR 9E3A, RICHLAND ACRES, ACRES 0.468
LT 9H 509 H T & B, ACRES 0.803
5AC LT 9H5 509 H T & B, ACRES 0.803
TRACT 9L1, ACRES 1.121
TR 9H3, RICHLAND ACRES, ACRES 0.413
LT 9E4 509 H T & B, ACRES 0.489
LT 9H2 509 H T & B, ACRES 0.413
LT 9E5 509 H T & B, ACRES 0.500
LT 9H7-9H4 509 H T & B, ACRES 0.959
LT 9H7-9H4 509 H T & B, ACRES 0.959
LTS 9D1-9D2-9D3 509 H T & B, ACRES 0.709
LT 9V 509 H T & B, ACRES 2.000
TR 9K-9K4, A0509 H T& B R R
LTS 81-9J 509 H T & B, ACRES 4.000
LT 9H6 509 H T & B, ACRES 0.803
LT 9E2 509 H T & B, ACRES 0.500
LT 9K2 509 HT & B, ACRES 0.480
LT 9K1 509 H T & B, ACRES 0.482
TR 9K3, RICHLAND ACRES, ACRES 0.597
LTS 9D1-9D2-9D3 509 H T & B, ACRES 0.709
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF MAY 16, 2005
Zone Change Application No. 1229
TO: City Council
Planning and Zoning Commission
SUBJECT:
A request by Sean Scott, 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 Lot 9H7 and 9H4, of Richland Acres Subdivision, an unrecorded
DESCRIPTION: subdivision, H.T. & B.R.R. Company Survey, Abstract 509, City
of Pearland, Brazoria County, Texas
GENERAL
LOCATION:
Located at 3801 Aubrell Drive
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: May 16, 2005
City Council for First Reading: June 13, 2005
City Council for Second Reading: June 27, 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 single family
residence.
The applicant has indicated that the purpose of the zone change is to bring the subject
property into conformance with the Land Use and Urban Development Ordinance. The
applicant is also proposing to add on to the existing residence.
ZCA No. 1229
Page 1
SURROUNDING ZONING AND LAND USES:
North
South
East
West
Zoning
Suburban Development
District (SD)
Suburban Development
District (SD); Single Family
Dwelling District (R-1)
Suburban
District (SD)
Suburban
District (SD)
Development
Development
Land Use
Single family residence
Single family residence
Undeveloped tract
Single family residence
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
180 feet wide'and approximately 30,000 square feet in size.
The subject property also conforms to the requirements of the Estate Lot Single Family
Dwelling District (R-E) due to its large size and lot width. However, the applicant chose the
R-1 district instead of the R-E district due to the placement of the existing residence on the
subject property.
PLATTING STATUS: The subject property appears to be a part of an unrecorded
subdivision. A plat may need to be submitted and approved, prior to the issuance of a
building permit.
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 on Aubrell Road and Cottonwood
Street. 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.
ZCA No. 1229
Page 2
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Aubrell Road and Cottonwood Street, both local/residential streets.
No other roadways affect the subject property.
AVAILABILITY OF UTILITIES: An 8 inch water line and fire hydrants currently exist within
Cottonwood Street. An 8 inch sanitary sewer gravity main currently exists within
Cottonwood Street. Utility service will be reviewed as part of the application for a Building
Permit.
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. Some of the lots that are
still zoned as SD are developed with single family 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 an R-1 lot, consistent with Low Density
Residential as recommended by the Comprehensive Plan, thereby being in
conformance with 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. 1229
Page 3
ZONING MAP
Zone Change Application
No. 1229
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W I i i i I I
Map Prepared on April 26, 2005
FUTURE LAND USE PLAN
Zone Change Application
No. 1229
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0 200 400 Feet
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Map Prepared on April 26, 2005