Ord. 509-764 03-28-053/28/05
CONSENT ITEM
Ordinance No. 509-764
ORDINANCE NO. 509-764
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 LOT 4, BLOCK 7, HICKORY CREEK PLACE,
SECTION 7, ABSTRACT 219, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (LOCATED AT 2213 MELANIE LANE) (APPLICATION NO. 1216)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DAVID E.
NUGENT, 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, David E. Nugent, owner, filed on January 23, 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 David E. Nugent, owner, whereby
the Commission recommended approval of the change of classification for the
described property from its existing classification of Suburban Development District
1
ORDINANCE NO. 509-764
(SD) to Single 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 David E. Nugent, 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 Single Family Dwelling District (R-1), such property being more
particularly described as:
Lot 4, Block 7, Hickory Creek Place, Section 7, Abstract 219, City of Pearland,
Brazoria County, Texas (Located at 2213 Melanie Lane)
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. 509-764
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. 509-764
PASSED, APPROVED, and ADOPTED on First Reading this 28th day of
March , 2005.
IOM EID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
28th day of March , 2005.
ATTEST:
RA'
UN C► IN/`TRMC
ITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
.MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
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: 1,5v,
Change in Zoning Classification from: 5barfxzti Te-VJfopmoirto: fesr'denhhu.i R-
(list current zoning) (list proposed zoning)
U Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: Z 2-i 3 Me2AA//E 1AU E Tax Account No. 0 419t - coo
Subdivision: /'T ! ,t 'K) Cl2L , PC,ACE Lot: 4 Block: -7
** Attach a copy of the metes and bounds description, survey, or legal description**
Current use of property *
(type of structures on property): i-e5,4fae,
Future/proposed use of property and reason for zone change:
I CS; tie.Aee tJc nt +O add plettL1 blot,/
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME DA✓/17 E • Niiq 'J7 NAME
ADDRESS 2Zf. Mai-41\11E L4A/6 ADDRESS
CITY Fki4LAt.r 10 STATE 71( ZIP 77.5•B/ CITY STATE ZIP
PHONE( 31,9 ) 5TB5- 6,/i72- PHONE( )
FAX( ) FAX( )
E-MAIL ADDRESS ee, rn teke_AmC . eevn 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: ./45/1.3�
Agent's Signature: Date:
OFFICE USE ONLY:
FEES 1,5aa
PAID:
BY: FJ ry\� TION
UMBER:
UMBER: (P
***APPLICATION IS CONSIDERED INCOMPLETE WITHOUT A METES AND BOUNDS
DESCRIPTION OR SURVEY AND THE APPLICATION FEE***
DATE t H I o
PAID:
Updated 10-29-04
VIM
MEN
ppm
1111
11*
-idgeoun
NEN
nom
110 SUBJECT
LOCATION MAP
Zone Change Application No. 1216
Owner/Applicant: David E. Nugent
Change: SD - R1
W E
0 200 400 Feet
I ti l I
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
pep.010
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 / issues, as follows:
No / Date 2- / 20 05-
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 0-5-
•
•
• LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
•
•
•
day of�•
Laura Ann 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
PANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
• ZONE CHANGE
APPLICATION NO. 1216
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;Brapria, 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
David E. Nugem,
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:
Lot 4, Block 7, Hickory
Creek Place, Section 7,
Abstract 219, City of
Pearland, Brazoria County,
Texas (Located at 2213
Melanie Lane)
At said hearing all interest-
ed parties shall have the
right and opportunity -to
appear and be heard 4n the
subject.
/s Theresa Grahmann
Senior Planner
4o. )air
AFFIDAVIT OF PUBLICATION
The Pear.land Reporter- News
2404 South Park
Pearland, Texas 77581
q,.
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 ,) - l-- 20 a5-
No. Date 20
No. • Date 20 ,
No Date 20
No. Date 20
m
President
Subscribe and sworn to before me thi
day of
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
4
Laura Ann 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 OPINE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO. 1216
Notice is hereby given that
on February 21, MI5, at
6:30 p.m., the City Council
and• Planning and Zoning
LEGAL
Commission of the City of
Peadand, in Brazorla, Harris
and Fort Send Counties,
Tettifs; "will`o"bndtict e.jQttit
public hearing in the Council
Chambers of City Nall, 3819
Liberty Drive, Pearland,
Texas, on the request of
David E. Nugent, 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
Lot 4, Block 7, Hickory
Creek Place, Section 7,
Abstract 219, City of
Pearland, Brazorla County,
Texas (Located at 2213
Melanie Lane)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/Theresa Grahma►m
Senior Planner
Planning & 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. 1216, a request by
David E. Nugent, 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:
General Location:
Lot 4, Block 7, Hickory Creek Place, Section 7, Abstract 219,
City of Pearland, Brazoria County, Texas
Located at 2213 Melanie Lane
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. 1216
Page 1 of 1
NM
1111111111 MEI
11111111111 SIM
1111111111111
•- -
BOEGLER MICHAEL D
FIELDER WILLIAM .1,111
VElt.LEUX:GERARD, L
. 1, a
PERRY WILLIAM H JR
PERRYWILLIAM H JR
VVILLIAM J III '
t
wiliERACI JAMES L HELEN
FIELDER
.HOLDEN PRANK Ei & DORCii*Pi',
EASTBURN PHILO-CARL JR mad _„
ILNIIk ,
*VT. KENNEDY LYNDA TAYLOR
SALINAS ABIEL-
IWI . Wm/1k CONCEPCION_
FIELDER- WILLIAM J III
_*CONFIDENTIAL OWNER
,-2217 MELANIE LN
PAYNE LEON H
SUBJECT
r.PROPERTY
HARVEY STEVEN R & SUSAN G
-200 NOTIFICATION LIMITS
OWNERSHIP MAP
Zone Change Application No. 1216
Owner/Applicant: David E. Nugent
Change: SD - R1
W+E
0 200 400 Feet
Lill! 1
TAX ACCOUNT
48600039000
48600087000
48600088000
•48600039000
48600097110
48600089000
48600096000
48600090000
48600104000
48600103000
48600095000
48600092000
48600104110
48600105000
48600094000
48600093000
ZONE CHANGE APPLICATION NO. 1216
Property Owner Notification List
OWNER
PERRY WILLIAM H JR
PAYNE LEON H
BOEGLER MICHAEL D & MARLA E
DAVID NUGENT
PERRY WILLIAM H JR
GERACI JAMES L & HELEN
VEILLEUX GERARD L & BRENDA GAIL WALDEN
HOLDEN FRANK B & DOROTHY W
ROBERSON JOHN
FIELDER WILLIAM J III
EASTBURN PHILO CARL JR
KENNEDY LYNDA TAYLOR
CURRENT RESIDENT
FIELDER WILLIAM J III
FIELDER WILLIAM J III
SALINAS ABIEL & CONCEPCION
HARVEY STEVEN R & SUSAN G
ADDRESS
2154 MELANIE LN
2137 MELANIE LN
17222 CRESTLINE RD
2213 MELANIE LN
2154 MELANIE LN
2607 GUN POWDER LN
7441 OSCAR DR
2206 ODAY RD
2213 MELANIE LN
6229 KELLY LN
6306 MARSHA LN
PO BOX 1976
2217 MELANIE LN
6229 KELLY LN
6229 KELLY LN
6125 KELLY LN
2229 MELANIE LN
CITY
ST ZIP CODE
PEARLAND TX
PEARLAND TX
HUMBLE TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
DEER PARK TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
77581-8024
77581-8032
77396-1605
77581
77581-8024
77581-5507
77536-6045
77581-3167
77581-8027
77581-8041
77581-8046
77588-1976
77581
77581-8041
77581-8041
77581-8039
77581-8027
LEGAL DESCRIPTION
HICKORY CREEK PLACE (PEARLAND), BLOCK 4, LOT 11-12
HICKORY CREEK PLACE (PEARLAND), BLOCK 7, LOT 1-11-12
HICKORY CREEK PLACE (PEARLAND), BLOCK 7, LOT 2
PROPERTY OWNER
HICKORY CREEK PLACE (PEARLAND), BLOCK 4, LOT 11-12
HICKORY CREEK PLACE (PEARLAND), BLOCK 7, LOT 10
HICKORY CREEK PLACE (PEARLAND), BLOCK 7, LOT 3
HICKORY CREEK PLACE (PEARLAND), BLOCK 7, LOT 9
HICKORY CREEK PLACE (PEARLAND), BLOCK 7, LOT 4
HICKORY CREEK PLACE (PEARLAND), BLOCK 8, LOT 7
HICKORY CREEK PLACE (PEARLAND), BLOCK 8, LOT 5-6
HICKORY CREEK PLACE (PEARLAND), BLOCK 7, LOT 8
HICKORY CREEK PLACE (PEARLAND), BLOCK 7, LOT 5
HICKORY CREEK PLACE (PEARLAND), BLOCK 8, LOT 8
HICKORY CREEK PLACE (PEARLAND), BLOCK 8, LOT 9
HICKORY CREEK PLACE (PEARLAND), BLOCK 7, LOT 7
HICKORY CREEK PLACE (PEARLAND), BLOCK 7, LOT 6
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF FEBRUARY 21, 2005
TO:
SUBJECT:
Zone Change Application No. 1216
City Council
Planning and Zoning Commission
A request by David E. Nugent, 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 Lot 4, Block 7, Hickory Creek Place, Section 7, Abstract 219,
DESCRIPTION: City of Pearland, Brazoria County, Texas
GENERAL Located at 2213 Melanie Lane
LOCATION:
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 applicant has indicated that they plan to construct an accessory building on
the subject property if the zone change is approved.
SURROUNDING ZONING AND LAND USES:
North
Zoning Land Use
Estate Lot Single Family Undeveloped tract
Dwelling District (R-E)
ZCA No. 1216
Page 1
South Single Family Dwelling District
(R-1)
East Suburban Development
District (SD)
West
Single Family Dwelling District
(R-1)
Single family residence
Existing business (landscaping
company)
Undeveloped lot
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 in its present
configuration meets these minimum requirements, as the subject property is 125 feet wide
and approximately 25,000 square feet in size.:
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Low Density..Residential" for the subject
property and for many of the surrounding properties within the subject area. The
Comprehensive Plan further indicates that the appropriate zoning districts for "Low Density
Residential" are the Estate Lot Single Family Dwelling District (R-E) and the Single Family
Dwelling District (R-1). Therefore, the proposed zone change conforms to the
Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Melanie Lane, a local/residential street. The Thoroughfare Plan does not specify any
improvements for Melanie Lane.
No other roadways affect the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Many of the lots in the vicinity of
the subject tract are zoned for single family residences, as either R-E and R-1. 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
ZCA No. 1216
Page 2
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. The proposed zone change provides for "Low Density Residential" uses as
recommended by the Comprehensive Plan.
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. 1216
Page 3
ZONING MAP
Zone Change Application No. 1216
Owner/Applicant: David E. Nugent
W+E
Change: SD - R1 0 200 400 Feet
ak\N -*-<44\4*,„
am,„„mo
sio.N�.
Illstio4iN,
.s‘Att
PROPER11111
TY 1 t
KELLYLN---
th.,
les
FUTURE LAND USE PLAN
Zone Change Application No. 1216
Owner/Applicant: David E. Nugent
Change: SD - R1
0 200
1 1 1 1 1
400 Feet