Ord. 509-750 12-13-04ORDINANCE NO. 509-750
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 2.00 ACRES OF LAND, MORE OR LESS, OUT
OF LOT 43, OF FIGLAND ORCHARD SUBDIVISION OF THE H.T. & B.R.R.
COMPANY SURVEY, SECTION 13, ABSTRACT 240, BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN
VOLUME 3, PAGE 77 OF THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF WAGON TRAIL
ROAD, AND SOUTH OF FITE ROAD) (APPLICATION NO. 1199) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT
SINGLE FAMILY DWELLING DISTRICT (R-E) AT THE REQUEST OF MARY
JONES, 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, Mary Jones, owner, filed on October 8, 2004, 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 15th day of November, 2004, 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 2nd day of December, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Mary Jones, owner, whereby the
Commission recommended approval of the change of classification for the described
1
ORDINANCE NO. 509-750
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 December 13, 2004; 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 Mary Jones, 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 Dwelling District (R-E), such property
being more particularly described as:
2.00 acres of land, more or less, out of Lot 43, of Figland Orchard
Subdivision of the H.T. & B.R.R. Company Survey, Section 13, Abstract
240, Brazoria County, Texas, according to the map or plat thereof,
recorded in Volume 3, Page 77 of the Plat Records of Brazoria County,
Texas (Generally Located on the East Side of Wagon Trail Road, and
South of Fite 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 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.
2
ORDINANCE NO. 509-750
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.
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
December , 2004.
TOM REID
MAYOR
3
ORDINANCE NO. 509-750
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
l3th day of December , 2004.
ATTEST:
CITY S ' RE ARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
‹- -,11/-t) */..e.:;/
TOM REID
MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
gi Change in Zoning Classification from: to:
(list current zoning)
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
(list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information;
Address: ��`_33 W
Subdivision: Lot: Block:
PROPE
NAME
Tax I.D. Number:
LIQ0-Q0'7/-0QQ
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property ������
(type of structures on property):
Future/proposed use of property and reason for zone change:
ER tII OR i T ON: APPLICANT INFORMATION:
NAME
ADDRESS
CITY STATE ZIP
PHONE(
FAX(
E-MAIL ADDRESS 11).701ti '° k/LWk. F,.4kCC/Mf ' -MAIL ADDRESS
ADDRE
3
CITY ZIP 7 7 5W
PHONE( //' ) 5 ,q - o 9
FAX( 1/3) 339 - (NO
ATE
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 ab a c' ecked a;i, . I understand that I am fully responsible for the correctness of the
legal descriptio
/
Owner's Signature: '°�`� /' Date:
Agent's Signature: ' ' Date:
OFFICE USE ONLY: FEES PAID:__
RECEIVED BY:
DATE PAID: /Q
�/� APPLICATION NO. // 9/
cOLMESN ILEILE ST
FITE RD
m
m
0
DUN
••
PPINL
LOCATION MAP
Zone Change Application No. 1199
Owner/Applicant: Mary Jones
Change: SD - RE
0 200
1 1 1 1 I
400 Feet
AFFIDAVIT OF PUBLIC
ATION
The Pearla.nd 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 / 0 ` a 7 20 0
No. Date 20
No Date 20
No Date 20
• No. Date 20
nd Lttw
President
Subscribe and sworn to before me this day of ca--
20.ag_
• LAURA ANN EMMONS
•
• ' a Notary Public, State of Texas •
Commission Expires 09-09-2006
•
L"ura Ann Emmons, Publisher
Notary Public, State of Texas
Roo. 1 f °19
Published Oct. 27 & Nev. 3,
2004
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.1199
Notice is hereby given that
on November 15, 2004, 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
Mary Jones, owner, for an
amendment to the Land
Use and Urban
Development Ordinance of
said City fror;plasddcation
Suburban DAvelQpment
District (SD) to Estate Lot
Single Family Dwelling
District (R-E), on the follow-
ing described property, to.
wit:
2.00 acres of land, more or
less, out of Lot 43, of
Figland Orchard Subdivision
of the H.T. & B,R.R.
Company Survey, Section
13, Abstract 240, Brazoria
County, Texas, according to
the map or plat thereof,
recorded in Volume 3, Page
77 of the Plat Records of
Brazoria County, Texas
(Generally. Located: on the
East Side of Wagon Trail
Road, and South of Fite
Road)
AAt'said hawing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/a/Theresa Grahmann
Synior Planner
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 /f'' S 20
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
•
•
•
•
•
••
•
•
•
•''••••a•••• • •••••••••.••♦ •••••••
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Aop_II19
Published Oct. 27 & Nov. 3,
2004
NOTICE OF A JOINT
PUBLIC HEARING OF THEE.
CITY COUNCIL
AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
PEARLAND, TEXAS
ZONE CHANGE
APPLICATION NO. 1199
Notice is hereby given that
on November 15, 2004, at
6:30 p.m., the City Counal
and Planning and Zoning
Commission of the City of
Pearland, in Brazoria,: Halls
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hal; 3519
Liberty Drive, Pearland,
Texas, on the request of
Mary Jones, owner, foran
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 follow-
ing described property, to
2.00 acres of land, more or
less, out of Lot 43, of
Figland Orchard Subdivision
of the H.T. & B.R.R.
CompanySurvey, Section
13, Abstract 240, Brazoria
County, Texas, according to
the map or plat thereof,
recorded in Volume 3, Page
77 of the Plat Records of
Brazoria County, Texas
(Generally Located on the
East Side of Wagon Trail
Road, and South of Fite
Road)
At said hearing all interest-
ed parties shall have the
rightand opportunity to
appear and be heard on the
subject.
/s/Theresa Grahmann
Senior Planner
P1annin5 & Zoning Commission
City of Pearland
December 2, 2004
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1199 for the property generally
located on the east side of Wagon Trail Road and south of Fite Road
Honorable Mayor and Council Members:
At their regular meeting of November 15, 2004 the Planning and Zoning Commission considered
the request for a zone classification change from Suburban Development District (SD) to Estate
Lot Single Family Dwelling District (R-E) on the following property:
Legal Description: 2.00 acres of land, more or less, out of Lot 43, of Figland
Orchard Subdivision of the H.T. & B.R.R. Company Survey, Section 13, Abstract
240, Brazoria County, Texas, according to the map or plat thereof, recorded in
Volume 3, Page 77 of the Plat Records of Brazoria County, Texas (generally
located on the east side of Wagon Trail road and south of Fite Road).
Commissioner Ransom made a motion to approve and Commissioner Greiner seconded.
Motion was approved 6-0.
Sincerely,
Planning and Zoning Commission
and
cc: Mary Jones (owner), 3233 Wagon Trail Road, Pearland, TX 77584
Recommendation Letter, 12/13/04 City Council Meeting
Zone Change Application No. 1199
Page 1 of 1
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF NOVEMBER 15, 2004
ZONE CHANGE
APPLICATION
NO. 1199
Existing Zoning: Suburban Development District (SD)
Requested Zoning: Estate Lot Single Family Dwelling District (R-E)
Location or Address of Property: Generally Located on the East Side of Wagon
Trail Road, and South of Fite Road
Property Owner: Mary Jones
Applicant: Mary Jones
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. Several buildings currently exist on the subject property, such as
a storage building and a barn. The applicant has indicated that they plan to construct a
single family residence on the subject property, if the zone change is approved.
SURROUNDING ZONING AND LAND USES:
Zoning. Land Use
North Suburban Development Single family residences -on large
District (SD) tracts
South Suburban . Development Single family residences on large
District (SD)
tracts
Zone Change Application No. 1199
- Page 1
East
West
`Suburban
District (SD)
Suburban
District (SD)
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF NOVEMBER 15, 2004
Development Single family residences on large
tracts
Development Single family residences. on large
tracts
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 meets
these requirements; the subject property is approximately 2 acres in .. size and has
approximately 137 feet of frontage along Wagon Trail Road.
The applicant will be responsible for complying with all other space limitations of the R-E
zoning district, such as yard setback requirements and lot coverage.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Suburban Residential — 10,000 square
foot lots" for the subject property and for the surrounding properties on the east and west
sides of Wagon Trail Road. The Comprehensive Plan further indicates that the appropriate
zoning districts and guidelines 'for Suburban Residential — 10,000- square foot Tots (a
proposed new residential zoning district) have not yet been formulated, and is proposed to
be written as part of the Unified Development Code. Since the applicant is requesting the
R-E district, which has a minimum lot size of one-half acre, the requested zone change
conforms to the Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Wagon Trail Road, a local/residential street. The Thoroughfare Plan does not specify
any improvements to Wagon Trail Road. No other roadways affect the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The areas along the east and
west sides of Wagon Trail Road are sparsely developed with single family residential uses on large tracts, although many are still zoned as SD.: Therefore, the proposed use is
consistent with existing development within the area:::.'
The single family dwelling district with the minimum lot size of 10,000 square feet was
Zone Change Application No. 1199
Page 2
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF NOVEMBER 15, 2004
discussed in the updete of the Comprehensive Plan but is not yet a written ordinance. The
subject area is largely developed with larger Tots, many of which are zoned SD.
It has not yet been determined if the subject property will be required to be platted in
accordance with the Subdivision Ordinance.
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,7as
proposed by the applicant, for the following reasons:
1. The proposed zone change conforms to the Comprehensive Plan by providing for
Suburban Residential Lots of at least 10,000 square feet in size.
2. The proposed zone change would provide for residential uses, which would be
consistent with the existing residential land uses along Wagon Trail Road.
3. The general trend along Wagon Trail Road is towards larger Tots, as can be seen
along other roadways within the area, such as Harkey Road, Figland Street, and
Hatfield Road.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application -
• - Location Map
• Property Ownership Map
• Property Owner Notification List
• Zoning Map
• Future Land Use Plan
Zone Change Application No: 1199 -
Page 3
CITY QF PEARLAND
3523 Liberty Drive (Community Center), Pearland, Texas 77581
281-652-1742 FAX 281-652-1702 www.ci.pearland.tx.us
ZONE CHANGE APPLICATION NO. 1199
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, REGARDING:
A request by Mary Jones, 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:
2.00 acres of land, more or Tess, out of Lot 43, of Figland Orchard
Subdivision of the H.T. & B.R.R. Company Survey, Section 13,
Abstract 240, Brazoria County, Texas, according to the map or plat
thereof, recorded in Volume 3, Page 77 of the Plat Records of
Brazoria County, Texas (Generally Located on the East Side of
Wagon Trail Road, and South of Fite Road)
PUBLIC HEARINGS WILL BE HELD IN THE
COUNCIL CHAMBER OF CITY HALL
LOCATED AT
3519 Liberty. Drive, Pearland, Texas
on
MONDAY, NOVEMBER 15, 2004, AT 6:30 P.M.
An application and map are enclosed for your information. This notice has
been sent to all owners of real property within 200 feet of the request, as
such ownership appears on the last approved city tax roll, in accordance
with notification guidelines established by City Ordinance and State law. •
At said hearing, all interested parties shall have the right and opportunity
to appearand be heard on the subject. If you are unable to attend, but
wish to have your opinions made a part of the public record,please
complete the enclosed form and return it prior to the public hearing.:
If you have any questions or need additional information please contact
the City of Pearland Planning Department at (281) 652-1742 or
tgrahmann@ci.pearland.tx.us.
RICHARDSON CHARLES E II
COLE`BARBARA A
-, 'oirue°ones
STANLEY CHARLESA
STANLEY CHARLES;Aa
STANLEY CHARLES A
I.,
CROSSER GEORGE HOWELL
& CHRISTINA M -
FERALES ROBERT RONALD
T1
rn
r
IGUEL A & YOLANDA
NIL
4
IIIIIIERALES ROBERT RONALD
11
LOLLIS JAMES HERMAN & JANET L
tSJtG l 1111
LOLLIS JAMES HERMAN
& JANET L
I
OWNERSHIP MAP
Zone Change Application No. 1199
Owner/Applicant: Mary Jones
Change: SD - RE
W+E
0 200 400 Feet
i 11i
TAX ACCOUNT
41000066000
41000082110
41000069000
41000077000
41000069110
41000077000
41000069110
41000077000
41000071000
41000070000
41000073000
41000073000
41000070000
41000076000
OWNER
AGUILAR MIGUEL A & YOLANDA
COLE BARBARA A
MENN T E
STANLEY CHARLES A
RICHARDSON CHARLES E II
STANLEY CHARLES A
RICHARDSON CHARLES E II
STANLEY CHARLES A
JONES MARY L
PERALES ROBERT RONALD
LOLLIS JAMES HERMAN & JANET L
LOLLIS JAMES HERMAN & JANET L
PERALES ROBERT RONALD
CROSSER GEORGE HOWELL & CHRISTINA
ZONE CHANGE APPLICATION NO. 1199
Property Owner Notification List
ADDRESS
3134 HATFIELD RD
2810 COUNTRY CLUB DR
PO BOX 458
3222 WAGON TRAIL RD
3225 WAGON TRAIL RD
3222 WAGON TRAIL RD
3225 WAGON TRAIL RD
3222 WAGON TRAIL RD
3233 WAGON TRAIL RD
3241 WAGON TRAIL RD
3250 HATFIELD DR
3250 HATFIELD DR
3241 WAGON TRAIL RD
3301 HARKEY RD
CITY
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
ST ZIP CODE LEGAL DESCRIPTION
TX 77584-1506 FIGLAND ORCHARD (A0240 H T & B), LOT 41A (PT), ACRES 2.7704
TX 77581-5007 FIGLAND ORCHARD (A0240 H T & B), LOT 57-57B, ACRES 3.00
TX 77588-0458 FIGLAND ORCHARD (A0240 H T & B), LOT 42, ACRES 3.000
TX 77584-9085 FIGLAND ORCHARD (A0240 H T & B), LOT 56, ACRES 5.670
TX 77584-9086 FIGLAND ORCHARD (A0240 H T &4B), LOT 43A-42B, ACRES 1.500
TX 77584-9085 FIGLAND ORCHARD (A0240 H T & B), LOT 56, ACRES 5.670
TX 77584-9086 FIGLAND ORCHARD (A0240 H T & B), LOT 43A-42B, ACRES 1.500
TX 77584.9085 FIGLAND ORCHARD (A0240 H T & B), LOT 56-, ACRES 5.670
TX 77584-9086 FIGLAND ORCHARD (A0240 H T & B), LOT 43, ACRES 2.000
TX 77584-9086 FIGLAND ORCHARD (A0240 H T & B), LOT 43B-46, ACRES 5.000
TX 77584 FIGLAND ORCHARD (A0240 H T & B), LOT 44-45, ACRES 3.000
TX 77584 FIGLAND ORCHARD (A0240 H T & B), LOT 44-45, ACRES 3.000
TX 77584-9086 FIGLAND ORCHARD (A0240 H T & B), LOT 43B-46, ACRES 5.000
TX 77584-2966 FIGLAND ORCHARD (A0240 H T & B), LOT 52, ACRES 3.000
SUBJECT
PROPERTY
SD �,
W74,77,ivA
■
ZONING MAP
Zone Change Application No. 1199
Owner/Applicant: Mary Jones
Change: SD - RE
W+E
0 200 400 Feet
FUTURE LAND USE PLAN
Zone Change Application No. 1199
Owner/Applicant: Mary Jones
Change: SD - RE
w
s
0 200 400 Feet
i1111