Ord. 509-630 12-09-02ORDINANCE NO. 509-630
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 0.830 ACRES, ABSTRACT 505,
H.T.&B.R.R. COMPANY SURVEY, TRACT 6A (APPLICATION NO.
1076)(5024 LONGLEAF DRIVE) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DISTRICT (RE) AT THE REQUEST OF ADRIEL SOTELO, 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, Adriel Sotelo, Owner, filed on October 14, 2002, 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 18th of November, 2002, 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 19th day of November, 2002, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Adriel Sotelo, Owner, whereby the
Commission recommended and approved a change of classification for the property
1
ORDINANCE NO. 509-630
described in Exhibit "A" from its existing classification of Suburban Development District
(SD) to Estate Lot Single Family Dwelling District (RE); and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this application, and considered the recommendation of the
Planning and Zoning Commission, at a regular meeting on December 9, 2002, 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 Adriel Sotelo, Owner, presented which, in the judgment of the City
Council, would justify the approval of said application, it is therefore,
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 for all purposes changed and reclassified as Estate Lot single Family Dwelling
District (RE); such property being more particularly described as:
0.830 acres, Abstract 505, H.T.& B.R.R. Company Survey, Tract 6A (5024 Longleaf
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 City
Council further finds and determines that there has been compliance with the mandates
2
ORDINANCE NO. 509-630
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. 509-630
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of
December , 2002.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9th day
of December 2002.
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
aYvt
TOM REID
MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
NK Change in Zoning Classification from:
❑ Specific Use Permit Request for :
Property Information:
Address:
5IJ
(list current zoning)
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
to: RE
(list proposed zoning)
—7^70h i-cm:GAF
(list proposed use)
Subdivision: I4 %¢=8 , Lot: / Block:
Tax I.D. Number: 0 5b 6- aQ (L! -/30
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property):
OVA
Proposed use of property:
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME APR I b L ,c0T� �L0 NAME
ADDRESS 11 FJ f�, L.O NIC-i k.acc. ADDRESS
CITY PEARLR MP STATE TX ZIP fl 5k 1 CITY STATE ZIP
PHONE( I ) 9 17-4-41'i (c. 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 thatthis 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: /-/7_02
Agent's Signature: Date:
OFFICE USE ONLY: �7
FEES PAID: aI5 ° ° l o
DATE PAID: /O a,
RECEIVED BY: APPLICATION NO. (9 7�
0 200 400 Feet
Bill I
Zone Change Application No. 1076
Adriel Sotelo
7706 Longleaf Drive
(SD - R-E)
Zone Change Application No.,1076
Adriel Sotelo
7706 Longleaf Drive
(SD - R-El
N
W+-E
Zone Change Application
No. 1076
Date of City Council and Planning and November 18, 2002
Zoning Commission Joint Public Hearing:
Property Owner: Adriel Sotelo
Applicant or Agent: Adriel Sotelo
Location. or Address of Property: 7706 Longleaf Drive
Existing Zoning: Suburban Development District (SD)
Requested Zoning: Estate Lot Single Family Dwelling District
(R-E)
SUMMARY: The applicant is requesting a change in zoning on the subject property in
order to construct a garage for the existing residence. Any additions or expansions to
structures on property that is zoned SD requires a change in zoning before any additional
structures can be issued a building permit, in order to bring the subject property into
compliance with the Land Use and Urban Development Ordinance. The subject property is
currently occupied by the applicant's residence.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Suburban Development Single family residence
District (SD)
South Suburban Development Commercial/industrial facilities
District (SD)
Zone Change Application No. 1076
Page 1
East
West
Zoning
Suburban Development
District (SD)
Suburban Development
District (SD)
Land Use
Single family residence
Single family residence
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan
recommends Low Density Residential Uses for the subject property. The Comprehensive
Plan further indicates that the appropriate zoning districts for low density residential uses
are the Estate Lot Single Family Dwelling District (R-E) and the Single Family Dwelling
Districts R-1 and R-2.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Longleaf Drive, a local street. No other roadways affect the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: All of the lots on Longleaf Drive
are currently zoned SD, but are developed and utilized as single family residences.
The subject property does meet all of the requirements of the R-E district. The R-E district
requires a minimum lot size of 21,780 square feet, and the subject property is over 36,000
square feet in size. The minimum lot width for the R-E district is 120 feet, and the subject
property is over 200 feet in width along Longleaf Drive.
PUBLIC COMMENTS: Public notice/comment forms were mailed to 11 property owners
within 200 feet of the subject property under consideration. No public comment forms have
been returned.
STAFF RECOMMENDATION: Staff recommends approval of the zone change as
proposed by the applicant, for the following reasons:
1. The proposed zone change demonstrates conformance with the Comprehensive
Plan designation of low density single family residential uses for the subject
property.
2. The subject property is consistent with existing uses within the subject area.
Zone Change Application No. 1076
Page 2
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Area Zoning Map
Zone Change Application No. 1076
Page 3
Zone Change Application No. 1076
Adriel Sotelo
7706 Longleaf Drive
(SD - R-E)
TAX ACCOUNT NO.
0505-0014-140
0505-0014-151
0505-0014-150
0505-0014-190
0505-0014-200
0505-0014-160
0505-0014-130
0505-0014-180
0505-0014-170
0505-0017-110
OWNER
WEMHOFF TERRY BRULL
RICHARD WEMHOFF
ALSUP STEPHEN
ADRIEL SOTELO
ALSUP STEPHEN
BROWN ARMOND ET UX
CANO LORENZO & GRISEL
SOTELO ADRIEL
NEMONS JOHNELL & CYNTHIA
COGGINS LEE
WALTERS DENNIS J
ZONE CHANGE APPLICATION NO. 1076
Property Owner Notification List
ADDRESS
7625 LONGLEAF DR
6027 LONFLEAF DR
7713 LONGLEAF DR
7706 LONGLEAF DR
7713 LONGLEAF DR
4915 LONGLEAF DR
7626 LONGLEAF DR
5024 LONGLEAF
R 7714 LONGLEAF DR
7730 LONGLEAF DR
1709 STONE RD
CITY
PEARLAND, TX 77581-8987
PEARLAND, TX77581
PEARLAND, TX 77581-8989
PEARLAND, TX 77581
PEARLAND, TX 77581-8989
PEARLAND, TX 77581
PEARLAND, TX 77581-8986
PEARLAND, TX 77581
PEARLAND, TX77581-8988
PEARLAND, TX 77581-8988
PEARLAND, TX 77581-8079
LEGAL DESCRIPTION
A0505 H T & B R R, TRACT 6B-6C1, ACRES 1.25
A0505HT&BRR,
A0505 H T &BRR,
A0505HT&BRR,
A0505HT&BRR,
A0505HT&BRR,
A0505HT&BRR,
A0505 H T &BRR,
TRACT 6C-6G, ACRES 1.38
TRACT 6H, ACRES 0.970
TRACT 6D, ACRES 0.840
TRACT 6A, ACRES 0.830
TRACT 6F, ACRES 0.970
TRACT 6E, ACRES 0.970
TRACT 7 (PT), ACRES 1.000
PUBLIC COMMENT FORM
(Please type or print in blue or black ink)
tanning Department
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
ZONE CHANGE APPLICATION NO. 1076
Joint Public Hearing to be held Monday, .November 18, 2002, at 6:30 PM in
the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas.
If you are unable to attend the Joint Public Hearing, but wish to have your opinions made a
part of the public record, please complete this form and return to the above noted address
prior to the Joint Public Hearing.
I am FOR the requested zoning as explained on the attached public notice.
I am AGAINST the requested zoning as explained on
the attached public notice.
Address: 1 7 3 3 S 4O RcL
Name:
Pearland Tax Account No. (If shown on enclosed map): S h o t(' it/ D.) /
Signature:
ELL,SQ, Date:
/'i /5 Lot
e r! j J
COMMENTS: Yh e St-11) c 41./ 2P, h ) S 13U l 1d/Acil
Loo��. L,ke �l.� Pd 1,0171 Avet) e_4,
be bar` t /lY codes
Signature:
PUBLIC COMMENT FORM
(Please type or print in blue or black ink)
Planning Department
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
ZONE CHANGE APPLICATION NO. 1076
Joint Public Hearing to be held Monday. November 18, 2002, at 6:30 PM in
the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas.
If you- are unable to attend the Joint Public Hearing, but wish to have your opinions made a
part of_the public record, please complete:this form and return to the above noted address
priorao the Joint Public Hearing.
I am FOR the requested zoning'as explained on the attached public notice.
I am AGAINST the requested zoning as explained on the attached public notice.
aG6/A1.5
7730 Lo Al6 tviE
'Name:
Address:
Pearland Tax Accoun No. (If shown on enclosed map):
Date: P- "
COMMENTS: A44
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November 19, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1076
Request of Adriel Sotelo, owner for an amendment to the Land Use and Urban Development
Ordinance from classification Suburban Development (SD) to Estate Lot Single Family
Dwelling District (RE) on the following described property, to wit:
0.830 acres, Abstract 505, H.T.& B.R.R Company Survey, Tract 6A (5024 Longleaf Drive)
Honorable Mayor and Council Members:
At a regular meeting held on November 18, 2002, immediately following a Joint Public Hearing,
the Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Zoning Application No. 1076 to City Council
for approval. Commissioner Ray Bacon seconded the motion.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Adirel Sotelo, 7706 Longleaf Drive, Pearland, TX 77581
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954`.
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published ..
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for f
No. 1 Date 3 20`
No. Date , 20
No Date 20
No. Date 20 ..
No. Date 20
issues, as follows:
Subscribe and sworn to before me this
'0 .' Z
3,,
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day o
Laura Ann Emmons, Publisher
Notary Public,.' State of Texas
Published Oct. 30 & Nov. 6, f
2002
NOTICE OF A JOINT {
PUBLIC,HEARING OF THE
CITY COUNCIL AND THE a
( PLANNING AND ZONING
1 COMMISSION OF THE •
CITY OF PEARLAND,
, TEXAS,
Notice is hereby given that on;
.the 18th day of November,:
V 2002, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria,,
Harris and Fort Bend.
Counties, Texas, will conduct'
I a joint: public hearing in the'
( Council Chambers of City,
I Hall, 3519 Liberty Drive,,
Pearland, Texas. on the
• request of Adriel Sotelo,
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) on the following
' described property, to wit: ,
0.830 acres, Abstract 5Q5, ,
H.T.& 'B.R.R Company
Survey, Tract 6A (5024
Longleaf Drive) ' '
At said hearing all interested
parties shall have the right
and opportunity to appear ,
i and be heard on the subject.
Is/ Mona Ann Phipps — --- +
1 Development Coordinator
APPLICATION NO.1076
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 /A 6 20 6
No Date 20
No Date . '20
No. Date 20
No. Date 20
Subscribe and sworn to before me this / day of
20 0.)--
LAURA ANN EMMONS
Notary Public, State. of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher-
-zl
Published Oct. 30 & Nov
i2002
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
'PLANNING AND ZONING
COMMISSION OF THE.
CITY OF PEARLAND,
TEXAS j
j ,
Notice is hereby given that or.
the 18th day. of November,
2002, at 6:30 p.m., the Citj
Council and Planning anc
Zoning Commission of the
City of Pearland, Brazoria
Harris and Fort Bend
Counties, Texas, will 'conduct,
is joint public hearing in the
;Council Chambers of City
Hall, 351.9 Liberty Drive
Pearland, ' Texas, on they
j request of Adriel Sotelo,
'owner, for:an amendment to'
ithe Land `Use and. Urban,
`Development Ordinance oil,
'.said City from Classification
Suburban Development(
. District (SD) to Estate Lot 1
Single Family Dwelling i
District (R-E) on the following L
described property, to wit: ?
t'
10.830 acres, Abstract 505,'
H.T.& B.R\.R Company
!Survey, Tract 6A (50241
longleaf Drive) ' 1111
i• t.
At said hearing all interested e
parties shall have" the right ;
;end opportunity to appear
and be heard on the subject.
/s/ Mona Ann Phipps _
Development Coordinator
i
APPLICATION" NO. 1076