Ord. 509-785 07-25-05ORDINANCE NO. 509-785
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 ACRES OF LAND OUT OF AND A
PART OF LOT 168 OF THE ZYCHLINSKI SUBDIVISION IN SECTION 27 OF
THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 308, ACCORDING TO
THE MAP OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE 9, OF
THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED ON THE SOUTH
SIDE OF KEIS ROAD, AND EAST OF WELLS DRIVE) (APPLICATION NO.
1232) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E) AT
THE REQUEST OF MAYRA PALACIOS, 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, Mayra Palacios, owner, filed on May 17, 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 20th day of June, 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 15t day of July, 2005, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Mayra Palacios, owner, whereby the Commission
1
ORDINANCE NO. 509-785
recommended approval of the change of classification for the described property from
its existing classification of Suburban Development District (SD) to Estate Lot Single
Family Dwelling District (R-E); 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 July 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 Mayra Palacios, 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 Estate Lot Single Family District (R-E), such property being
more particularly described as:
1.00 acres of land out of and a part of Lot 168 of the Zychlinski Subdivision in
Section 27 of the H.T. & B.R.R. Company Survey, Abstract 308, according to the
map or plat thereof recorded in Volume 29, Page 9, of the Deed Records of
Brazoria County, Texas, City of Pearland, Brazoria County, Texas (Located on
the South Side of Keis Road, and East of Wells 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
2
ORDINANCE NO. 509-785
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
Ordinance No. 509 and consistent with the approval herein granted for the
reclassification of the herein above described property.
3
ORDINANCE NO. 509-785
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
July , 2005.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
25th day of July , 2005.
ATTEST:
UNG
SE ETARY
C
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
M REID
MAYOR
4
Please check one:
APPLICATION FOR
A CHANGE IN ZONING
J FLU
Change in Zoning Classification from:t�:��
(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
-E
(list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: 1 1
Subdivision: H / /
Ri g 4.
Tax Account No.
Lot: '= v' Block:
** Attach a copy of the metes and bounds description, survey, or legal description''
Current use of property
(type of structures on property): (t l' tt. iu
Future/proposed use of property and reason for zone change: t` d.i ruA ;
PROPERTY OWNER INFORMATION:
NAME I J\l
ADDRESS t)
CITY t ! , STATE -tic ZIP ) �.
PHONE( {r )
FAX( )
E-MAIL ADDRESS
PETITION: As owner/agent, I hereby petition the City
request as provided for by the laws of the State of Texas
the best of my knowledge that this is a true description
above checked action. I understand that I am fully resp
given.
Owner's Signature: j
Agent's Signature:
APPLICANT INFORMATION:
NAME L:�t��J
ADDRESS
CITY k. STATE X ZIP i 3'
PHONE() 2 `;e_: i ,i'k
FAX(
E-MAIL ADDRESS
of Pearland for approval of the above described
and ordinances of the City of Pearland. I certify to
of the property upon which I have requested the
onsible for the correctness of the legal description
Date:
Date:
OFFICE USE ONLY:
FEES a
PAID: T01 1.J
DATE
PAID: SIil/OS
RECEIVED
BY: -'
APPLICATION
NUMBER:
***APPLICATION IS CONSIDERED INCOMPLTWITHOUT A METES AND BOUNDS
DESCRIPTION OR SURVEY AND APPLICATION FEE***
Updated 10-29-04
LOCATION MAP
Zone Change Application
No. 1232
W+E
0 200 400 Feet
11111 I
Map Prepared on June 1, 2005
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date 6 ./ 20 0 C
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 OS
ANN EtVI®NS
1.AVaA State o Texas06
otot Notary oo�EXpVes 09-09-
day of 4fi
T%\
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published June 1 and JunE
8, 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. 1232
Notice is hereby given that
on June 20, 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
Mayra Palacios, owner, for
an amendment to the Land
Use and Urban Develop-
ment Ordinance of said City
from classification Suburban
Development District (SD)
to Estate Lot Single Family
Dwelling District (R-E), on
the following described
property, to wit:
1.00 acres of land out of
and a part of lot 168 of the
Zychlinski Subdivision in
Section 27 of the H.T. &
B.R.R. Company Survey,
Abstract 308, according to
the map or plat thereof
recorded in Volume 29,
Page 9, of the Deed
Records of Brazoria County,
Texas, City of Pearland,
Brazoria County, Texas
(Located on the South Side
of Keis Road, and East of
Wells 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
ffpf.03?
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date 6 - g 20
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe andsworn to before me this
20PC
LAURA AN sEMMONS
State Notafy public, of Texas
0g-2006
Commission Expires 09
day o
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published June 1 and June
8,2005
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. 1232
Notice is hereby given that
on June 20, 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
Mayra Palacios, owner, for
an amendment to the Land
Use and Urban Develop-
ment Ordinance of said City
from classification Suburban
Development District (SD)
to Estate Lot Single Family
Dwelling District (R-E), on
the following described
property, to wit:
1.00 acres of land out of
and a part of Lot 168 of the
Zychlinski Subdivision in
Section 27 of the H.T.
B.R.R. Company Survey,
Abstract 308, according to
the map or plat thereof
recorded in Volume 29,
Page 9, of the Deed
Records of Brazoria County,
Texas, City of Pearland,
Brazoria County, Texas
(Located on the South Side
of Keis Road, and East of
Wells 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
Planning & Zoning Commission
Recommendation Letter
July 1, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1232, a request by Mayra
Palacios, owner, for an amendment to the Land Use and Urban Development
Ordinance of said City from classification Suburban Development District (SD) to
Estate Lot Single Family Dwelling District (R-E)
Honorable Mayor and City Council Members:
At their regular meeting of June 20, 2005, the Planning and Zoning Commission
considered the request for a zone change from Suburban Development District (SD) to
Estate Lot Single Family Dwelling District (R-E), on the following property:
Legal Description: 1.00 acres of land out of and a part of Lot 168 of the Zychlinski
Subdivision in Section 27 of the H.T. & B.R.R. Company Survey,
Abstract 308, according to the map or plat thereof recorded in
Volume 29, Page 9, of the Deed Records of Brazoria County,
Texas, City of Pearland, Brazoria County, Texas
General Location: Located on the South Side of Keis Road, and East of Wells Drive
Commission Member Dumont made a motion to recommend approval of the zone
change request, which was seconded by Commission Member Greiner. The motion to
approve passed 6 — 0. The zone change was recommended for approval by the
Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 1232
Page 3 of 3
MA- RTINEZFRANCES ;P_
;MARTINEZ FRANCES P_:
'P.,OSTEL_MARYNELEN` `
OCAMPODOMINADOR
SUBJECT.
vPROPERT'I
200 NOTIFICATION
LIMITS
,,QUARLES PAUL G & MEREDITH
COBB CYNTHIA D
_ I
GNEWUCH MARGARET A
44PP
GRIFFIN ROBERT W S PHSYLLI
_I 1
BURKETT HARRY E JR
jJQiNvP •
1
GRIFFIN ROBERT.W & PHYLLIS
BURKETT'HARRY E JR
PREMEAUX JAMES'EARL
WARREN RD
r
r
-I
OWNERSHIP MAP
Zone Change Application
No. 1232
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0 200 400 Feet
11111
Map Prepared on June 1, 2005
PROP ID OWNER
R168492
R168497
R168495
R168494
R513829
R168440
R168437
R168496
R168453
R168456
R168484
R168453
R168451
R168452
GRIFFIN ROBERT W & PHYLLIS
MARTINEZ FRANCES P
MARTINEZ FRANCES P
OCAMPO DOMINADOR
QUARLES PAUL G & MEREDITH
GNEWUCH MARGARET A
GRIFFIN ROBERT W & PHYLLIS
POSTEL MARY HELEN
BURKETT HARRY E JR
MAYRA PALACIOS
MARTIN JOHNNY D
AVITIA MAIRA & LUCIANO PALACIOS
BURKETT HARRY E JR
PREMEAUX JAMES EARL'
COBB CYNTHIA D
ZONE CHANGE APPLICATION NO. 1232
Property Owner Notification List
ADDRESS
17825 CR 113 #2
3425 KEIS RD
3425 KEIS RD
3505 KEIS RD
2711 SABINE CT
3421 WARREN RD
17825 CR 113 #2
3209 STRATFORD ST
3409 WARREN RD
150 CR 870E
3422 KEIS RD
6121 TERRELL DR
3409 WARREN RD
3413 WARREN RD
3505 WARREN RD
CITY
ST ZIP CODE LEGAL DESCRIPTION
PEARLAND TX 77584
PEARLAND TX 77584-8501
PEARLAND TX 77584-8501
PEARLAND TX 77584-8505
PEARLAND TX 77584-9131
PEARLAND TX 77584-3611
PEARLAND TX 77584
PEARLAND TX 77581-4820
PEARLAND TX 77584-3611
ALVIN TX 77511
PEARLAND TX 77584-8500
PEARLAND TX 77584-6645
PEARLAND TX 77584-3611
PEARLAND TX 77584-3611
PEARLAND TX 77584-3613
LT 168EE 308 HT&BR R, ACRES 1.000
A0308 H T & B R R, TRACT 168V, ACRES 0.715
LT 168S 308 H T & B R R, ACRES 1.000
LT 168Q 308 HT&BR R, ACRES 0.620
WATERBURY 1 (A539), BL 1, LOT 8, ACRES 0.3041
A0308 H T & B R R, TRACT 168L, ACRES 1.000
A0308 H T & B R R, TRACT 168AA, ACRES 1.000
LT 168T 308 HT&BR R, ACRES 0.620
A0308 H T & B R R, TRACT 168X-168M, ACRES 2.00
PROPERTY OWNER
LT 168BB 308 H T & B, ACRES 1.000
LT 168CC 308.H T & B, ACRES 1.000
A0308 H T & B R R, TRACT 168X-168M, ACRES 2.00
LT 168B 308 H T & B, ACRES 1.000
A0308 H T & B R R, TRACT 168N, ACRES 1.500
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JUNE 20, 2005
Zone Change Application No. 1232
TO: City Council
Planning and Zoning Commission
SUBJECT:
A request by Mayra Palacios, owner, for an amendment to the
Land Use and Urban Development Ordinance of said City from
classification Suburban Development District (SD) to Estate Lot
Single Family Dwelling District (R-E)
LEGAL 1.00 acres of land out of and a part of Lot 168 of the Zychlinski
DESCRIPTION: Subdivision in Section 27 of the H.T. & B.R.R. Company Survey,
Abstract 308, according to the map or plat thereof recorded in
Volume 29, Page 9, of the Deed Records of Brazoria County,
Texas, City of Pearland, Brazoria County, Texas
GENERAL
LOCATION:
Located on the South Side of Keis Road, and East of Wells
Drive
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: June 20, 2005
City Council for First Reading: July 11, 2005
City Council for Second Reading: July 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
was subsequently zoned SD. The subject property is currently undeveloped.
The applicant has indicated that the purpose of the zone change is to allow for the
construction of a single family residence.
ZCA No. 1232
Page 1
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Suburban Development Single family residences
District (SD)
South Suburban Development Single family residences
District (SD)
East Suburban Development Single family residences
District (SD)
West Suburban Development Single family residences
District (SD)
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
applicant is requesting an R-E zoning district. The minimum lot size for the R-E district is
21,780 square feet and the minimum lot width is 120 feet. The subject property in its
present configuration meets these minimum requirements, as the subject property is 132
feet wide and is 1.00 acres in size.
PLATTING STATUS: Based on the legal description and survey submitted with the zone
change application, it appears that the subject property has not been platted. The subject
property will need to be platted in accordance with the Subdivision Ordinance, prior to
issuance of a building permit. The plat will need to address all requirements listed in the
Subdivision Ordinance, and be approved by the Planning and Zoning Commission. The
plat will need to be filed for record with the County Clerk, prior to 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 Keis Road and Warren Road. 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 Keis Road, a local/residential street. The Thoroughfare Plan does not specify any
improvements to Keis Road.
ZCA No. 1232
Page 2
No other roadways affect the subject property.
AVAILABILITY OF UTILITIES: There is currently not any City water and sewer service
available for the subject property. During the review of the building permit application,
water well and septic system service will be reviewed.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Many of the lots in the vicinity of
the subject tract are still zoned as SD and are developed with single family residences. A
few lots within the subdivision, on Warren Road and Herbert Drive, are zoned as R-1.
Therefore, the proposed zoning for R-E 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-E, as
proposed by the applicant, for the following reasons:
1. The proposed zone change provides for an R-E 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. 1232
Page 3
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ZONING MAP
Zone Change Application
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FUTURE LAND USE PLAN
Zone Change Application
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Map Prepared on June 1, 2005