Ord. 509-763 03-28-053/28/05
CONSENT ITEM
Ordinance No. 509-763
ORDINANCE NO. 509-763
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 LOTS 65A AND 66A, FIGLAND ORCHARD
SUBDIVISION, ABSTRACT 240, H.T. & B.R.R. COMPANY SURVEY, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 5930 FITE ROAD)
(APPLICATION NO. 1212) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF RORY C. WILCOX, 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, Rory C. Wilcox, owner, filed on January 7, 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 21st day of February, 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 17th day of March, 2005, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Rory C. Wilcox, owner, whereby the
Commission recommended approval of the change of classification for the described
property from its existing classification of Suburban Development District (SD) to Single
1
ORDINANCE NO. 509-763
Family Dwelling District (R-1); 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 March 28, 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 Rory C. Wilcox, 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:
y 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 Single Family Dwelling District (R-1), such property being more
particularly described as:
Lots 65A and 66A, Figland Orchard Subdivision, Abstract 240, H.T. & B.R.R.
Company Survey, City of Pearland, Brazoria County, Texas (Located at 5930
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. 509-763
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
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
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
itChange in Zoning Classification from:to: ' 2
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
n f/
Address: C/3 D J7 Qd %,Li 44J A `7 958
`f
Subdivision: L A-N t vle-c rt-i2.1)
Lot: Block:
Tax I.D. Number: 4#0 4/C0 01/9- 000 0/QO-0/69_ 000
** 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:
PROPERTY O NER INFORMAATION: APPLICANT INFORMATION:
NAME + e, I' Lce.A7NAME 5 ,5
ADDRESS '93 %irk /4 ADDRESS
CITY 1,4 -11-47 d STATE 716. ZIP 0 16-eg4t CITY STATE ZIP
PHONEOl ) 485-g1s6/t. 2 -171%9 :35.0g2 ccca- 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 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.
Owner's Signature:
Date: 1-1)--05
Agent's Signature: Date:
OFFICE USE ONLY: FEES PAID: '75 9-(2-
RECEIVED BY:/— APPLICATION NO. lava
DATE PAID: )/7 f 05
LOCATION MAP
Zone Change Application No. 1212
Owner/Applicant: Rory C. Wilcox
Change: SD - R1
0 200
1 1 1 1
400 Feet
I
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
in Brazoria and Harris Counties in THE R notice hereby appended was published
REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris &.Galveston Counties,
for issues, as follows:
fipto / i
No. _ Date
No. Date
No. Date
No. Date
No. Date
R .
a„
Subscribe and sworn to before me this
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
,..
20
20�_
20
20
20
President
day of
Laura Ann Emmons, Publisher'
Notary Public, State of Texas
a
Published Feb. 2 and Feb.
9, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND;
ZONE CHANGE
AIN'LICATION NO. 1212
Notice is hereby given that
on February 21, 2005, at
6:30 p.m., the City Council
end Planning and Zoning
Commission of the City of
Peadand, in Brenda, Herds
and Fort Bend .Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hsll, 3519
Liberty Drive, Pearland,
Texas, on the request of
Rory C. Wilcox, : owner, for
an amendment to the Land
Use and _ Urban
Development Ordinance of
said City from classification
Suburban Development
District (SD) to Single
Family Dwelling; District (R-
1), on . the following
described property, to wit;
Lots 65A and 66A, Figlend
Orchard Subdivision,
Abstract 240, H.T. 8 B.R.R.
r3ompany Survey, City of
I3eartand; Brazo►ia County,
'Texas (Located at 6930 Fite
)
At said hearing all interest-
ed parties shall have the
right and, opportunity to
appear and -be -heard en the
subject
/s/Theresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter p News
P.O. Box 954
Friendswood, Texas 77546
Alp. Did
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended
in Galveston and Harris Counties in THE REPORTER NEWS .was published
circulation in Galveston, Harris and Brazoria Counties, for , a newspaper of general
issues, as follows:
No.
Date
No. Date
20
No. Date
20
20
No. Date
No. Date
Subscribe and sworn to before me this
20_
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
20
20
day of ��•
Laura Xr n Emmons, Publisher
Notary Public, State of Texas
Published Feb. 2 and Feb.
9, 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,1212
Notice is hereby given that
on February 21, 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
Rory C. Wilcox, owner, for
an amendment to the Land
Use and Urban
Development Ordinance of
said City from classification
Suburban Development
District; (SD) to Single
Family Dwelling District (R-
1), on the following
described property, to wit:
Lots 65A and 66A, Figland
Orchard Subdivision,
Abstract 240, H.T.'& B.R.R.
Company Survey; City of
Pearland, BrazoriaCounty,
Texas (Located at 5930 Fite
Road)
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
P1allnth & Zoning Commission
Recommendation Letter
March 17, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1212, a request by
Rory C. Wilsx, owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from classification Suburban Development
District (SD) to Single Family Dwelling District (R-1)
Honorable Mayor and City Council Members:
At their regular meeting of February 21, 2005, the Planning and Zoning Commission
considered the request for a zone change from Suburban Development District (SD) to
Single Family Dwelling District (R-1) on the following property:
Legal Description: Lots 65A and 66A, Figland Orchard Subdivision, Abstract
240, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas
General Location: Located at 5930 Fite Road
Commission Member Ransom made a motion to recommend approval of the zone
change request, which was seconded by Commission Member West. No further
discussion occurred. The motion to approve was passed 6 — 0. The zone change was
recommended for approval by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Recommendation Letter, 03/28/05 City Council Meeting,
Zone Change Application No. 1212
Page 1 of 1
ORDINANCE NO. 509-763
PASSED, APPROVED, and ADOPTED on First Reading this 28thAay of
March , 2005.
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
28th day of March , 2005.
ATTEST:
UN
ITY S CRETA
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
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OWNERSHIP MAP
Zone Change Application No. 1212
Owner/Applicant: Rory C. Wilcox
Change: SD - R1
W+E
0 200 400 Feet
tilt!
TAX ACCOUNT OWNER
41000115110
41000116000
41000117000
41000118000
41000119000
41000119110
41000120000
41000113000
41000111000
41000110000
41000112000
41000109000
41000108000
41000106110
41000107000
41000101000
41000100000
41000102000
41000104000
41000105000
41000103000
RAMOS LUIS R
MEZA YSIDORO & DIANA
ROSALES LOUIS V
ROSALES LOUIS V
SALAZAR ARNULFO & ROMANA
TERRY JENNIFER LYNN
FLORES GUADALUPE JR
ELLIS FREDERICK PAUL
GARZA MARK & CHRISTINA
GARZA MARK & CHRISTINA
WILCOX RORY CARL
WILCOX RORY C & TOMI
KOGER MISTI MAE & MINDI CARROLL
FLORES GUADALUPE JR
WILLIAMS THERESA LYNN
WEBB JAMES
SNIDER E LOUISE
WILCOX NOBLE
GUICE HERMAN E JR & MAGGIE
POLED LOUIS ANTHONY
RAMOS JOSE A & BEATRICE
ZONE CHANGE APPLICATION NO. 1212
Property Owner Notification List
ADDRESS
5901 FITE RD
5917 FITE RD
5929 FITE RD
5929 FITE RD '
PO BOX 1301
6001 FITE RD
741 ROUSE ST
PO BOX 483
2933 HARKEY RD
2933 HARKEY RD
5930 FITE RD
5930 FITE RD
4630 ORANGE CIR S
741 ROUSE ST
16927 COUNTY ROAD 831
2508 NICHOLAS DR
5917 FIGLAND ST
5921-1 FIGLAND ST
5933 FIGLAND ST
6001 FIGLAND ST
5192 WILLOW WOOD RD
CITY
ST ZIP CODE LEGAL DESCRIPTION
PEARLAND TX 77584-1548
PEARLAND TX 77584-1546
PEARLAND TX 77584-1546
PEARLAND TX 77584-1546
PEARLAND TX 77588-1301
PEARLAND TX 77584-1548
HOUSTON TX 77020-5104,
PEARLAND TX 77588-0483
PEARLAND TX 77584-2960
PEARLAND TX 77584-2960
PEARLAND TX 77584-1545
PEARLAND TX 77584-1545
PEARLAND TX 77581-3320
HOUSTON TX 77020-5104
PEARLAND TX 77584-9641
PEARLAND TX 77581-5572
PEARLAND TX 77584-9076
PEARLAND. TX 77584
PEARLAND TX 77584-9076
PEARLAND TX 77584-9074
RLLNG HLS EST CA 90274-2321
FIGLAND ORCHARD (A0240 H T & B), LOT 70, ACRES 1.000
FIGLAND ORCHARD (A0240 H T & B), LOT 71A, ACRES 0.670
FIGLAND ORCHARD (A0240 H T & B), LOT 71
FIGLAND ORCHARD (A0240 H T & B), LOT 72A
FIGLAND ORCHARD (A0240 H T & B), LOT 72
FIGLAND ORCHARD (A0240 H T & B), LOT 72B, ACRES 0.330
FIGLAND ORCHARD (A0240 H T & B), LOT 73, ACRES 1.000
FIGLAND ORCHARD (A0240 H T & B), LOT 67, ACRES 1.000
FIGLAND ORCHARD (A0240 H T & B), LOT 66B
FIGLAND ORCHARD (A0240 H T & B), LOT 66
FIGLAND ORCHARD (A0240 H T & B), LOT 66A
FIGLAND ORCHARD (A0240 H T & B), LOT 65A
FIGLAND ORCHARD (A0240 H T & B), LOT 65, ACRES 0.60
FIGLAND ORCHARD (A0240 H T & B), LOT 64 (N/2), ACRES 0.500
FIGLAND ORCHARD (A0240 H T & B), LOT 63A-64A, ACRES 0.955
FIGLAND ORCHARD (A0240 H T & B), LOT 61, ACRES 1.000
FIGLAND ORCHARD (A0240 H T & B), LOT 61 D, ACRES 1.000
FIGLAND ORCHARD (A0240 H T & B), LOT 61C, ACRES 1.000
FIGLAND ORCHARD (A0240 H T & B), LOT 62C, ACRES 1.000
FIGLAND ORCHARD (A0240 H T & B), LOT 62, ACRES 0.910
FIGLAND ORCHARD (A0240 H T & B), LOT 62B, ACRES 1.000
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF FEBRUARY 21, 2005
Zone Change Application No. 1212
TO: City Council
Planning and Zoning Commission
SUBJECT:
A request by Rory C. Wilcox, owner, for an amendment to the
Land Use and Urban Development Ordinance of said City' from
classification Suburban Development District (SD) to Single
Family Dwelling. District (R-1)
LEGAL Lots 65A and 66A, Figland Orchard Subdivision, Abstract 240,
DESCRIPTION: H.T. & B.R.R. Company Survey, City of Pearland, Brazoria
County, Texas
GENERAL
LOCATION:
Located at 5930 Fite Road
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: February 21, 2005
City Council for First Reading: March 21, 2005
City Council for Second Reading: March 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 1997 and
subsequently zoned SD. The subject property is currently developed with a single family
residence. The purpose of the zone change is to bring the subject property into
conformance with the Land Use Ordinance.
SURROUNDING ZONING AND LAND USES:
North
Zoning Land Use
Suburban Development Single family residence
District (SD)
ZCA No. 1212
Page 1
South Suburban Development Single family residence
District (SD)
East Estate Lot Single Family Single family residences
Dwelling District (R-E)
West Suburban Development Single Family Residence
District (SD)
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
applicant is requesting an R-1 zoning district. The minimum lot size for the R-1 district is
8,800 square feet and the minimum lot width is 80 feet. The subject property exceeds
these minimum requirements, as the subject property is approximately 140 feet in width
and has a lot area of approximately 26,000 square feet.
The subject property does meet the requirements of the R-E district in terms of lot size and
lot width. However, the location of the structure on the subject property may not meet the
setback requirements of the R-E district, but instead meets the setback requirements of the
R-1 district.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "10,000 Square Foot Lots — Suburban
Residential" for the subject property and for the surrounding properties on Fite Road,
Wagon Trail Road, and Harkey Road. The Comprehensive Plan further indicates that the
appropriate zoning districts for "10,000 Square Foot Lots — Suburban Residential" is a new
residential district with lots of 10,000 square feet in size, that is to be created as part of the
Unified Development Code.
Since the subject property is a double lot and quite large, and the placement of the existing
residence is over the lot line in the middle of the subject tract, it does not appear that the
subject property could be subdivided into more lots.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Fite Road, a major collector street with an ultimate right-of-way of 80 feet. If the
applicant intends to add on to the existing residence or the subject property, a subdivision
plat may be required, and with any plat, the applicant may be required to dedicate right-of-
way for Fite Road, if adequate right-of-way does not exist for this roadway.
No other roadways affect the subject property.
ZCA No. 1212
Page 2
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Some lots in the vicinity of the
subject tract are zoned for single family residences, as R-E and 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-1 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-1, as
proposed by the applicant, for the following reasons::.
1. Although the requested R-1 zoning district does not conform to the "10,000 Square
Foot Suburban Residential" uses as recommended by the Comprehensive Plan, the
subject property is larger than 10,000 square feet in size and appears not to be able
to be subdivided into more than the%one lot that is currently existing.
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. 1212
Page 3
ZONING MAP
Zone Change Application No. 1212
Owner/Applicant: Rory C. Wilcox
Change: SD - R1 0 200
III I
s
E
400 Feet
I
FUTURE LAND USE PLAN 4 E
Zone Change Application No. 1212
Owner/Applicant: Rory C. Wilcox
Change: SD - R1 0 200 400 Feet
1 1► 1 1 I