Ord. 509-754 02-28-05ORDINANCE NO. 509-754
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 2.488 ACRES OF LAND OUT OF LOT 5,
HICKORY PLACE SUBDIVISION, ABSTRACT 310, H.T. & B.R.R. COMPANY
SURVEY, AS RECORDED IN VOLUME 18, PAGE 333, OF THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED SOUTH OF HUGHES
RANCH ROAD (CR 403), AND ON THE EAST SIDE OF BRYAN COURT)
(APPLICATION NO. 1202) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DWELLING DISTRICT (R-E) AT THE REQUEST OF LARRY AND LADONNA
RANDLE, 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, Larry and Ladonna Randle, owners, filed on November 3, 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 17th day of January, 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 2nd day of February, 2005, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Larry and Ladonna Randle, owners,
1
ORDINANCE NO. 509-754
whereby the Commission 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 February 14, 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 Larry and Ladonna Randle, owners, 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:
2.488 acres of land out of Lot 5, Hickory Place Subdivision, Abstract 310,
H.T. & B.R.R. Company Survey, as recorded in Volume 18, Page 333, of
the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria
County, Texas (Generally Located South of Hughes Ranch Road (CR
403), and on the East Side of Bryan Court)
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. 509-754
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. 509-754
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of
February , 2005.
ATTEST:
.)„Z
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
28th day of February , 2005.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
e04_,
DARRIN M. COKER
CITY ATTORNEY
APPLICATION FOR
A CHANGE IN ZONING
REC'D NOV 0 3 2004
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Please check one:
14 Change in Zoning Classification from: 6 ,.J to: E
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: "6 Fity -YL- 'Not+ Tax Account No. 486 ( I 0005— 000
Subdivision: N i c 0(:v Ptc e e j P 3i O) I4-1�t R Lot: 6 Block:
J 0•48b CA'VPS
** Attach a copy of the metes and bounds description, survey, or legal description**
Current use of property
(type of structures on property): Vat O '
Future/proposed use of property and reason for zone change: G' U $ N UC+ (eS el -
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME l a Lru)o'N A. RA' NAME 'te4 Lr op) /L
Rar,..4
ADDRESS Sal'ilq �i� � ADDRESS I t ` 7A'V
CITY tz.v5t'aoJ STATE V/ ZIP `I?O($ CITY �,-1vd&J STATET ZIP 11 0(eR
PHONE( `7/3 ) 2 3 `F ) &3 cf PHONE( 113 ) -r.q q 303 9
FAX( 1 -) '7 11 ((m 1 / FAX( ill ) (pi --2_1 11
E-MAIL ADDRESS mg-t cg_A- g 'Jt n Q. 0 k E-MAIL ADDRESS PAS o t r ol*c Vi iv►c . 0n- j
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described V
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. O i c�,
Owner's Si nature: Date: I t L 3 6 a i g
Agent's Signature: Date:
OFFICE USE ONLY:
FEES
PAID: 10( �5 00
RECEIVED
BY:
***APPLICATION IS CONSIDERED INCOMPLE WITHOUT A METES AND BOUNDS
DESCRIPTION OR SURVEY AND THE APPLICATION FEE***
DATE / joy,
PAID: 1. 3
APPLICATION d t c2
NUMBER:
Updated 10-29-04
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LOCATION MAP
Zone Change Application No. 1202
Owner/Applicant: Larry and Ladonna Randle
Change: SD - RE
W+E
0 200 400 Feet
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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 /02"a24 20 0-
No Date 20
No Date 20
No Date 20
No. Date 20
Spbscribe and sworn to before me this
/1.1,/direnetw„
President
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2008
day of ill -
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Dec. 29, 2004
and Jan. 5, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCILAND THE
PLANNING AND O
COMMISSION
CITY OF PEARLAND,
TEXAS
ZONE ckiANGE
APPLICATION NO. 1202
Notice is hereby given that
on January 17, 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
Larry and Ladonna Randle,
owners;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 follow-
ing described property, to
wit:
2.488acres ;of land out of
Lot 5, Hickory Place
Subdivision, Abstract 310,
H.T. & B.R.R. Company
Survey, as recorded in
Volume 18, Page 333, of
the Plat Records of Brazoria
County, Texas, City of
Pearland, Brazoria County,
Texas (Generally Located
South of Hughes Ranch
Road (CR 403), and on the
East Side of Bryan Court)
At said hearing all interest-
ed.parttes shall have the
right and opportunity to
appear and -be heard on the
subject.
/s/Theresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICATION
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 /"-C-
20 bS-
No. Date 20
No. • Date 20
No. Date 20
No. Date 20
:'Subscribe and sworn to before me this S'
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of
Laura Ann Emmons, Publisher`
Notary Public, State of Texas
EALS 1
Published Dec. 29,2004
and Jan. 5, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL, AND THE
PLANNING AND -ZONING
¢OMMISSION OF THE
CITY OF PEARLAND,
hXAS.
ZONE CHANGE
APPLICATION NO. 1202
Notice' is hereby given that
On January 17, 2005, at
8:30 p.m„ the City Council
and Planning and Zoning
;Commission of the City of
flatland, 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
;Lary and Ladonna Randle,
:owners, 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 foNow-
'ing described property, to,
wit
.2.488 acres of land out of
Lot 5, Hickory Place
Subdivision, Abstract 310,
H.T. & B.R.R. Company
Survey, as recorded In
Volume 18, Page 338, of
the Plat Records of Brazens
County,' Texas, City of
Pearland, Brazoria County,
Texas (Generally Located
South of Hughes Ranch
Road (CR 403), and on the
East Side of Bryan Court)
At said hearing all Interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
sub et.
is/Theresa Grahmann
Senior Planner
P1anhin5 & Zoning Commission
Recommendation Letter
February 2, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1202, a request by Larry and
Ladonna Randle, owners, 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 property
Generally Located South of Hughes Ranch Road (CR 403), and on the East Side
of Bryan Court
Honorable Mayor and City Council Members:
At their regular meeting of January 17, 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: 2.488 acres of land out of Lot 5, Hickory Place Subdivision,
Abstract 310, H.T. & B.R.R. Company Survey, as recorded in Volume 18, Page
333, of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria
County, Texas
Commission Member Greiner made a motion to approve the zone change, and
Commission Member Ransom seconded the motion.
The motion to approve was passed by a vote of 6-0.
Sincerely,
Planning and Zoning Commission
Recommendation Letter, 02/14/05 City Council Meeting,
Zone Change Application No. 1202
Page 1 of 1
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CR 403- -- (HUGHES RANCH RD)
SUBJECT
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PROPERTY
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DOUGHARTY-WAYNE & GLENDA
PEARLAND ISD
HARTENSTEINER KENNETH
200' NOTIFICATION LIMITS
/ /
DAVIDSON ARTHUR 0 & EUNICE
MACIAS GUSTAVO
WALKER WATER WORKS INC
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JURICA ALBERT W & SHARON R
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17
OWNERSHIP MAP
Zone Change Application No. 1202
Owner/Applicant: Larry and Ladonna Randle
Change: SD - RE
0 200 400 Feet
Iliil I
TAX ACCOUNT OWNER
03100001120
48610006000
48610001000
03100001110
48610005000
48610005110
03100001100
03100002110
77890018000
77890017000
77890016000
77890015000
77890014000
77890013000
77890012000
77890013110
. SASSER CHARLIE
DOUGHARTY WAYNE & GLENDA
PEARLAND ISD
JOHNSON CECIL E
RANDLE LARRY
DAVIDSON ARTHUR 0 & EUNICE
WAFER HUEY P
HARTENSTEINER KENNETH J
MAYS ELVIS CLARENCE
SPEER BRENDA MATUSEK
HUMPHREY KATHY ANN
JURICA ALBERT W & SHARON R
NICHOLS EDWIN CLARK JR & LORETTA
LEE 0 R & BRENDA
MACIAS GUSTAVO
WALKER WATER WORKS INC
ZONE CHANGE APPLICATION NO. 1202
Property Owner Notification List
ADDRESS
2306 BROOKNEY ST
2313 BRYAN ST
PO BOX 7
2318 BROOKNEY ST
5214 TAVENOR LN
1325 BRYAN ST
2326 BROOKNEY ST
1623 ALTHEA DR
9213 W STERLING DR
9221 W STERLING DR
9229 W STERLING DR
9305 W STERLING DR
9313 W STERLING DR
9321 W STERLING DR
9409 W STERLING DR
PO BOX 907
CITY
ST ZIP CODE LEGAL DESCRIPTION
PEARLAND TX 77584-8543
PEARLAND TX 77584-8518
PEARLAND TX 77588-0007
PEARLAND TX 77584-8543
HOUSTON TX 77048-2626
PEARLAND TX 77584-2539
PEARLAND TX 77584-8543
HOUSTON TX 77018-5101
PEARLAND TX 77584-8554
PEARLAND TX 77584-8554
PEARLAND TX 77584-8554
PEARLAND TX 77584-8556
PEARLAND TX 77584-8556
PEARLAND TX 77584-8556
PEARLAND TX 77584-8558
EL CAMPO TX 77437-0907
A0310 H T & B R R, TRACT 42B, ACRES 4.688
HICKORY PLACE SD (A0310 H T & B), LOT 6, ACRES 4.939
HICKORY PLACE SD (A0310 H T & B), LOT 1-2-3-4, ACRES 14.760
A0310 H T & B R R, TRACT 42A, ACRES 3.000
HICKORY PLACE SD (A0310 H T & B), LOT 5, ACRES 2.488
HICKORY PLACE SD (A0310 H T & B), LOT 5A, ACRES 2.488
A0310 H T & B R R, TRACT 42 (PT), ACRES 2.500
A0310 H T & B R R, TRACT 22A, ACRES 4.176
STERLING EST II (A0721 J W MAXEY), LOT 2-R, ACRES 0.750
STERLING EST SEC (A0721 J W MAXEY), LOT 2-Q, ACRES 0.740
STERLING EST II (A0721 J W MAXEY), LOT 2P, ACRES 0.740
STERLING EST II (A0721 J W MAXEY), LOT 2-0, ACRES 0.864
STERLING EST II (A0721 J W MAXEY), LOT 2N, ACRES 0.830
STERLING EST II (A0721 J W MAXEY), LOT 2M, ACRES 1.010
STERLING EST II (A0721 J W MAXEY), LOT 2L-SEC II, ACRES 1.190
STERLING EST II (A0721 J W MAXEY), LOT 2M1 (WELL SITE)
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
Zone Change Application No. 1202
TO: City Council
Planning and Zoning Commission
SUBJECT:
A request by Larry and Ladonna Randle, owners, 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 2.488 acres of land out of Lot 5, Hickory Place Subdivision,
DESCRIPTION: Abstract 310, H.T. & B.R.R. Company Survey, as recorded in
Volume 18, Page 333, of the Plat Records of Brazoria County,
Texas, City of Pearland, Brazoria County, Texas
GENERAL
LOCATION:
Generally Located South of Hughes Ranch Road (CR 403),
and on the East Side of Bryan Court
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: January 17, 2005
City Council for First Reading: February 14, 2005
City Council for Second Reading: February 28, 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 1998 and
subsequently zoned SD. The subject property is currently undeveloped. The applicant has
indicated that they plan to construct a single family residence on the subject property if the
zone change is approved.
ZCA No. 1202
Page 1
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
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 residences
Single family residences
Undeveloped tract
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 the
minimum lot size requirements, as the subject property is over 2 acres in size. However,
the subject property does not meet the minimum lot width requirement as the subject
property is only approximately 30 feet in width. The applicant has applied for a variance to
the lot width requirement, and the variance for lot width was approved by the Zoning Board
of Adjustment on January 6, 2005.
The applicant will be responsible for complying with all other ordinance requirements, 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 Tots" for the subject property and for the surrounding properties on the south side of
Hughes Ranch Road. The Comprehensive Plan further indicates that the appropriate
zoning districts and guidelines for Suburban Residential — 10,000 square foot lots (a
proposed new residential zoning district) have not yet been formulated, and is proposed to
be written as part of the Unified Development Code.
The proposed zone change provide for an R-E district, which has a minimum lot size of half
an acre, and therefore, the proposed zone change conforms to the Comprehensive Plan.
ZCA No. 1202
Page 2
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Bryan Court, a local/residential street. No other roadways affect the subject property.
It appears that the subject property has not yet been platted in accordance with the
Subdivision Ordinance. The applicant may be required to submit a plat for the subject
property, and the plat would have to be approved and filed prior to the issuance of a
building permit.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Some lots in the vicinity of the
subject tract are zoned for single family residences, either R-E or R-1. Many of the lots in
the subject area are developed with single family residences, although many are still zoned
as SD. Therefore, the proposed zoning for R-E is consistent with existing development
and zoning districts within the area.
The single family dwelling district with the minimum lot size of 10,000 square feet was
discussed in the update of the Comprehensive Plan but is not yet a written ordinance. The
subject area is largely developed with larger lots in excess of 10,000 square feet, some of
which are zoned R-E and R-1.
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 "10,000 Square Foot Suburban
Residential" uses as recommended by the Comprehensive Plan, as the minimum lot
size for R-E is 21,780 square feet and the subject property is over 2 acres in size.
2. The proposed zone change is consistent with existing R-E and R-1 zoning districts
within the subject areas, as well as being consistent with existing single family
residential uses within the subject area.
3. The general trend along Hughes Ranch Road is towards larger lots, as can be seen
along Bryan Court as well as Hughes Ranch Road.
ZCA No. 1202
Page 3
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Zoning Map
• Future Land Use Plan
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
ZCA No. 1202
Page 4
ZONING MAP
Zone Change Application No. 1202
Owner/Applicant: Larry and Ladonna Randle
Change: SD - RE
W+E
0 200 400 Feet
1 1 1 1 1
SUBJECT.
_PROPERTY?
FUTURE LAND USE PLAN
Zone Change Application No. 1202
Owner/Applicant: Larry and Ladonna Randle
Change: SD - RE
W+E
0 200 400 Feet
Bill