Ord. 509-627 12-09-02ORDINANCE NO. 509-627
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 AND GRANTING A SPECIFIC USE PERMIT FOR AN
ACCESSORY BUILDING WITH THE STIPULATION THE SPECIFIC USE
PERMIT WOULD EXPIRE TWO YEARS AFTER APPROVAL OF THE
SPECIFIC USE PERMIT BY CITY COUNCIL IF CONSTRUCTION HAS NOT
BEEN STARTED ON THE ACCESSORY BUILDING ON THE FOLLOWING
PROPERTY, BEING 10.00 ACRES, ABSTRACT 234, H.T &.B.R.R. COMPANY
SURVEY, TRACT 17(SPECIFIC USE NO. 119)(1833 MAX ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE (SD-(S)) AT THE
REQUEST OF JAN SUTTER AND JILL KREMLING, OWNERS, 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, Jan Sutter and Jill Kremling, Owners, filed on October 9, 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, Jan Sutter and Jill Kremling, Owners, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit "A"
1
ORDINANCE NO. 509-627
from its existing classification of Suburban Development District (SD) to Suburban
Development District - Specific Use (SD(S)); 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 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 Jan Sutter and Jill Kremling, Owners, 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) to is hereby
for all purposes changed and reclassified as Suburban Development District - Specific Use
Permit (SD(S)) for an accessory building with the stipulation the Specific Use Permit would
expire two years after approval of the Specific Use permit by City Council if construction has
not been started on the accessory building; such property being more particularly described
as:
10.00 acres, Abstract 234, H.T & .B.R.R. Company Survey, Tract 17 (1833 Max Road)
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
2
ORDINANCE NO. 509-627
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.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-627
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of December ,
2002.
ATTEST:
[11
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9th day of
December , 2002.
ATTEST:
YNG L
Y SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
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Specific Use Application No. 119
Jan Sutter and Jill Kremling
1833 Max Road
(SD - SD(S))
Specific Use Application No. 119
Jan Sutter and Jill Kremling
1833 Max Road
(SD - SD(S))
N
W E
S
Specific Use Application
No. 119
Date of City Council and Planning and
Zoning Commission Joint Public Hearing:
Property Owner:
Applicant or Agent:
Location or Address of Property:
Existing Zoning:
Requested Zoning:
November 18, 2002
Jan Sutter and Jill Kremling
Jan Sutter and Jill Kremling
1833 ,Max Road
Suburban Development District (SD)
Suburban Development District — Specific
Use (SD(S))
SUMMARY: The applicant is requesting approval of a specific use permit in order to allow
an accessory building upon the subject property. The Land Use and Urban Development
Ordinance requires a specific use permit for an accessory building in a suburban
development district. The subject property is currently occupied by several single family
homes, accessory buildings, and a small accounting office. The accessory building would
be used for the storage of yard equipment and farm equipment, and would be utilized by
the occupants of one of the residences on the property.
SURROUNDING ZONING AND LAND USES:
Zoning
North Suburban Development
District (SD)
South Suburban Development
District (SD)
Land Use
Single family residences
Single family residences
Specific Use Application No. 119
Page 1
East
West
Zoning Land Use
Suburban Development Single family residences
District (SD)
Suburban Development Undeveloped tracts
District (SD)
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 Max Road, a major thoroughfare (120' right-of-way) that is to be widened at some point
in the future. No other roadways affect the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The applicant is proposing to
construct an accessory building upon the subject property. The subject property is
currently developed with several structures, including residences and accessory buildings.
A small accounting/tax office is constructed within the subject property along Max Road.
The applicant is not proposing any other construction on the subject property at this time.
The applicant is not proposing to rezone the property from the Suburban Development
District. It appears that the subject property is generally residential, with the exception of
the tax/accounting office located along the frontage of Max Road. The applicant chose to
not zone to a residential zoning district due to the existing business located along Max
Road. The existing office within the subject property would be able to exist as a non-
conforming use, regardless of the zoning district or the status of the specific use permit.
PUBLIC COMMENTS: Public notice/comment forms were mailed to 17 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 specific use permit as
proposed by the applicant, for the following reasons:
1. The proposed specific use permit for the accessory building would not have a
negative impact on surrounding properties.
Staff also recommends that the accessory building be used to store accessories for the
residential uses and not the business use that is located on the subject property.
Specific Use Application No. 119
Page 2
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Area Zoning Map
Specific Use Application No. 119
Page 3
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Specific Use Application No. 119
Jan Sutter and Jill Kremling
1833 Max Road
(SD - SD(S))
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TAX ACCOUNT NO. OWNER
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0234-0011-000
0234-0050-130
0234-0023-110
0234-0023-210
0234-0023-099
0234-0091-098
0505-0008-000
0234-0023-220
0234-0023-240
0234-0023-220
0234-0023-240
0234-0086-000
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7328-0002-160
0234-0086-110
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RODRIGUEZ JUAN JORGE
SPECIFIC USE APPLICATION NO. 119
Property Owner Notification List
ADDRESS
1733 MAX RD # CR108
241 ROSEBUD AVE
1738 ROY RD
3520 E CIRCLE DR
1734 ROY RD
1818 ROY RD TRLR 7C
1818 ROY RD#11
1833 MAX RD
PO BOX 145
1818 ROY RD TRLR 10
1818 ROY RD TRLR 12
1818 ROY RD TRLR 10
1818 ROY RD TRLR 12
4810 COMAL ST
PO BOX 145
7125 ROBIN SOUND ST
7129 ROBIN SOUND ST
1002 AVENUE N SOUTH
CITY
PEARLAND, TX 77581
CRP CHRISTI, TX 78404-1734
PEARLAND, TX 77581-7686
PEARLAND, TX 77581-6104
PEARLAND, TX 77581-7686
PEARLAND, TX 77581-7632
PEARLAND, TX 77581-7632
PEARLAND, TX 77581-7665
PEARLAND, TX 77588-0145
PEARLAND, TX 77581
PEARLAND, TX 77581-7632
PEARLAND, TX 77581
PEARLAND, TX 77581-7632
PEARLAND, TX 77581-2104
PEARLAND, TX 77588-0145
PEARLAND, TX 77581-8958
PEARLAND, TX 77581-8958
HOUSTON, TX 77587-5119
LEGAL DESCRIPTION
LT 16B 234 H T & B, ACRES 2.461
A0505 H T & B R R, TRACT 33, ACRES 10.000
A0234 H T & B R R, TRACT 48A PT, ACRES 1.995
A0234 H T & B R R, TRACT 16A, ACRES 4.895
A0234 H T & B R R, TRACT 48, ACRES 1.990
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 11), ACRES 0.965
A0234 HT&BR R, TRACT 17 (IMP ONLY
A0505 H T & B R R, TRACT 34-35, ACRES 16.900
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 LT 12), 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 LT 12), ACRES 0.950
A0234 H T & B R R, TRACT 18A, ACRES 4.900
A0505 H T & B R R, TRACT 34-35, ACRES 16.900
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
LT 18 234 H T & B, ACRES 5.100
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
SPECIFIC USE APPLICATION NO. 119
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 attachedpublic notice.
Name:
Address:
Pearland Tax Accou . . (If s enclosed ma
Signature:
COMMENTS: (*.t r., -off i ylt G arc- .*r o1
aV . /3, 4 Job
November 19, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO TJIE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 119
Request of Jan Sutter an Jill Kremling, owners for an amendment to the Land Use and Urban
Development Ordinance from classification Suburban Development District (SD) to Suburban
Development District — Specific Use (SD(S)) for an accessory building on the following described
property, to wit:
10.00 acres, Abstract 234, H.T.& B.R.R. Company Survey, Tract 17 (1833 Max Road)
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.
Vice -Chairman Russ Selemon made a motion to table Specific Use Application No. 119. Commissioner
Sheryl Greiner seconded the motion.
Motion to table failed 2 to 3.
Commissioner Ray Bacon made a motion to forward Specific Use Application No. 119 to City
Council for denial. Motion failed due to lack of second.
Vice -Chairman Selemon made a motion to forward Specific Use Application No. 119 to City
Council for approval. Chairman Todd Iocco seconded the motion.
Commissioner Sheryl Greiner made a motion to amend the motion for approval to add two
stipulations. The first stipulation was that the building meets all city requirements and the second
stipulation is that the Specific Use Permit would expire two years after approval of the Specific Use
Permit by City Council if they haven't started construction of the accessory building. Vice -Chairman
Russ Selemon seconded the motion for the amendment.
The amendment passed 5 to 0.
The motion for approval passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc:- Jan Sutter and Jill Kremling, 1833 Max Road, Pearland, TX 77581
Page 1 of 1
,irculation in:Galveston, Harris and Brazoria Counties, for
FFIDAVIT OF
The Friendswood Reporter News
P.O. Box 954
Friendswood; Texas .77546
State of Texas
3alveston and. Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
n Galveston and Harris Counties' in;THE REPORTER NEWS, a newspaper of general
issues, as follows:
No.: ( Date C._-E- -5 D 20 aZ
No. Date 20
No. Date 20
No :: Date, 20
No.. Date . 20
Subscribe and sworn to before me this
'0 bz
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
President
day of sf
Laura Ann Emmons, Publisher
Notary Public, State of. Texas
- --I
Published Oct. 30 & Nov. 6,
2002
+ NOTICE OF A JOINT
d PUBLIC HEARING OF THE ;
1 CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS •
Notice is hereby given that on '
the 18th day of November,
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, mill conduct
a joint public' hearing in the
Council Chambers 'of City '
Hall, 3519 Liberty Drive;
Pearland, Texas, on the
request of Jan Sutter and Jill
Kremling, owner, ' for an
amendment to the Land Use
and Urban Development j
Ordinance of said City from
Classification Suburban
Development District (SD) to
Suburban Development
' District - - Specific Use
(SD(S)), for an accessory
building,. on the following
described property, to wit:
-i 10.00 acres, Abstract 234,
H.T.& B.R.R. Company
Survey, Tract 17 (1833 Max
Road)
At said hearing all interested
parties shall have ,the right
and opportunity to appear
and be heard on the subject. i
/s/ Mona Ann Phipps
Development Coordinator
SPECIFIC USE PERMIT
APPLICATION NO. 119
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.ofgeneral
circulation in Brazoria, Harris & Galveston Counties, for / •`issues, as follows:
No / Date /- 6 20 -AI-
.
No. Date '2.0
No. Date ,20
No Date 20
No. Date 20
Subscribe and sworn to before me this
200.)-
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
[ublished Oct. 30 & Nov. 6,1
2002
NOTICE OF A JOINT
PUBLICHEARING OF THE
CITY COUNCIL AND THE i
PLANNING AND ZONING
! COMMISSION OF THE
CITY OF PEARLAND,,
TEXAS'
I Notice is hereby given that on
1 the 18th day of November,
1 2002, at 6:30 p.m., the City
Council and Planning anc
Zoning Commission of the
' City of Pearland, 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 Jan Sutter and Jill;
Kremling,owner, for an'
amendment to the Land Use
and Urban Development
Ordinance of said City;Uoni
Classification Suburban
Development District. (SD) to
Suburban Development
District - Specific Use
(SD(S)), for an: accesso4
building, on , the following
described property, to it
10.00 , acres, Abstract 234,y
H.T.& B.R.R. Company;
Survey; Tract 17 (1833' Max'
Road) ,
At said hearing all interested
parties shall , have the right`
and opportunity to appea
and be heard on the subject.
I
C/s/ Mona Ann Phipps '
- _-_Development Coordinator -
{ SPECIFIC USE PERMIT
i APPLICATION NO. 119