Ord. 509-813 02-13-06 FailedFAILED 02/13/06
ORDINANCE NO. 509-813
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 0.718 ACRE TRACT OF LAND,
BEING OUT OF LOTS 17 AND 19, ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION OF SECTION 6, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT NO. 544, AS RECORDED IN VOLUME 136, PAGE
500, OF THE BRAZORIA COUNTY DEED RECORDS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE SOUTH SIDE OF FUTURE MCHARD ROAD, AND WEST OF
HATFIELD ROAD) (ZONE CHANGE APPLICATION NO. 2006-05Z) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO
GENERAL BUSINESS DISTRICT (GB), AT THE REQUEST OF PACIANO
RANGEL, 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, Paciano Rangel, owner, filed on December 12, 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 16th day of January, 2006, 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 1st day of February, 2006, the Planning and Zoning
1
ORDINANCE NO. 509-813
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Paciano Rangel, owner, whereby
the Commission recommended denial of the change of classification for the described
property from its existing classification of Single Family Dwelling District (R-2) to
General Business District (GB); 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 13, 2006; 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 Paciano Rangel, 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 Single Family Dwelling District (R-
2) is hereby zoned to General Business District (GB), such property being more
particularly described as:
0.718 acre tract of land, being out of Lots 17 and 19, Allison Richey Gulf Coast
Home Company Subdivision of Section 6, H.T. & B.R.R. Company Survey,
Abstract No. 544, as recorded in Volume 136, Page 500, of the Brazoria
County Deed Records, City of Pearland, Brazoria County, Texas (Generally
Located on the South Side of Future McHard Road, and West of Hatfield
Road)
2
ORDINANCE NO. 509-813
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.
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
3
ORDINANCE NO. 509-813
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 day of
, 2006.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of , 2006.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
4
PAID D E C 0 9 2005
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
R-
�
Change in Zoning Classification from: �jC� �'if/'A/yP j/f / to:
(list current zoning)
May 2005
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
set" trfas) CS,
(list proposed zoning)
Specific Use Permit Request for : Yeere7J'e _S A-q
(list proposed use
Property Information:
Address: J )'/'4/6 /d 7ct
Subdivision:
Tax Account No.
Lot:
Block:
** Attach a copy of the metes and bounds description, survey, or legal description**
Current use of property
(type of structures on property):
Future/proposed use of property and reason for zone change: f d rc-2 ( S kvreV C
PROPERTY OWNER INFORMATION:
NAME C%a/>// 2 %Wavvy /
ADDRESS //,;741 4/17?/ /
CITY 'ljj'%jtz/e/ STATE ZIP 77
PHONE(/ 3 )
FAxv,-) -/
E-MAIL ADDRESS
APPLICA T INFORMATION:
NAME CA1A(' i 6`,6le.X' /
ADDRESS dlr., 27 ddSic/' r2;:r;
CITY` tt'f`eCl/Z'( ,STATE ( -)( ZIP 677 5:
PHONE( 7/3 )
FAX(:257 ) c4PY 9Sy
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:
Agent's Signature:
Date: t,' ) — 1-�
Date:
OFFICE USE ONLY:
FEES
PAID: 1%05
PAID: ! J r/.. j 0v
RECEIVED
BY:
INCOMPL WITH
SURVEY AND E
NUMBER: c UU y C
***APPLICATION IS CONSIDEREDOUT A METES AND BOUNDS
DESCRIPTION OR APPLICATION FEE***
Page 103 of 106
LOCATION MAP
Zone Change
No. 2006-05Z
N
W+E
S
0 200 400 Feet
11111 I
Map Prepared on December 16, 2005
� �1C Cka (�o C.C<<, CAS e
AFFIDAVIT OF PUBLICATION 'c'c' (f:
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No / Date /a?- . $ 20 Q.T
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this a
2005
day of oz14 i
L. ura A n Emmons, Publisher
Notary Public, State of Texas
Wednesday, Dec. 28, 2005,
and Jan. 4, 2006
NOTICE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
NO. 2006-05Z
Notice is hereby given that
on January 16, 2006, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and For! Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall,
located at 3519 Liberty
Drive, Pearland, Texas, on
the request of Paciano
Rangel, owner, for an
amendment to the Land
Use and Urban
Development Ordinance of
said City, for approval of a
change in zoning district
from classification Single
Family Dwelling District (R-
2) to General Business
District (GB), on the follow-
ing described property, to
wit:
0.718 acre tract of land,
being out of Lots 17 and 19,
Allison Richey Gulf Coast
Home Company
Subdivision of Section 6,
H.T. & B.R.R. Company
Survey, Abstract No. 544,
as recorded in Volume 136,
Page 500, of the Brazoria
County Deed Records, City
of Pearland, Brazoria
County, Texas (Generally
Located on the South Side
of Future McHard Road,
and West of Hatfield 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
Lc>.:v.,AT \( C0(r, (:-)j"Z.
AFFIDAVIT OF PUBLICATION ` c' ( c-► L
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date 0 V 20 &G
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this S day of_
20 D 4
•r•...•••A1.S_.••a.•-• \1S.•
•
•
.
•
•
•
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•
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LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Wednesday, Dec. 28, 2005,
and Jan. 4, 2006
NOTICE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
LEGALS
ZONE CHANGE
NO. 2006-05Z
Notice is hereby given that
on January 16, 2006, 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,
located at 3519 Liberty
Drive, Pearland, Texas, on
the request of Paciano
Rangel, owner, for an
amendment to the Land
Use and Urban
Development Ordinance of
.said City, for approval of a
change in zoning district
from classification Single
Family Dwelling District (R-
2) to General Business
District (GB), on the follow-
ing described property, to
wit:
0.718 acre tract of land,
being out of Lots 17 and 19,
Allison Richey Gulf Coast
Home Company
Subdivision of Section 6,
H.T. & B.R.R. Company
Survey, Abstract No. 544,
as recorded in Volume 136,
Page 500, of the Brazoria
County Deed Records, City
of Pearland, Brazoria
County, Texas (Generally
Located on the South Side
of Future McHard Road, /
and West of Hatfield 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
e.nior Planner
Planning & Zoning Cornmissioll
Recommendation Letter
February 1, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 05Z, a request by Paciano
Rangel, owner, for an amendment to the Land Use and Urban Development
Ordinance of said City, for approval of a change in zoning district from
classification Single Family Dwelling District (R-2) to General Business District
(GB)
Honorable Mayor and City Council Members:
At their regular meeting of January 16, 2006, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Single Family
Dwelling District (R-2) to General Business District (GB), on the following property:
Legal Description:
0.718 acre tract of land, being out of Lots 17 and 19, Allison
Richey Gulf Coast Home Company Subdivision of Section 6,
H.T. & B.R.R. Company Survey, Abstract No. 544, as recorded
in Volume 136, Page 500, of the Brazoria County Deed
Records, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the South Side of Future McHard Road,
and West of Hatfield Road
Commission Member Greiner made a motion to recommend approval of the zone
change request, which was seconded by Commission Member locco. The motion to
approve failed 0 — 7. Therefore, the zone change was recommended for denial by the
Agenda Request 05Z
Page 3 of 4
Planning and Zoning Commission. The Commissioners stated the following as reasons
for the denial:
1. The proposed zone change for GB does not conform to the "Medium Density
Residential" land use designation as recommended by the Comprehensive Plan,
and the R-2 zoning district as shown on the Proposed Zoning Map.
2. The proposed zone change for GB is inconsistent and incompatible with existing
R-2 residential districts and single family residential land uses within the subject
area.
3. The proposed zone change for GB has the potential to cause negative impacts
on the surrounding residential land uses by introducing an increase in traffic,
service vehicles, noise, as well as other impacts brought about by non-residential
land uses.
Sincerely,
Planning and Zoning Commission
Agenda Request 05Z
Page 4 of 4
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HALLMARK JOE SAYERS
FERNANDEZ D A
MASSEY BLANCHE O'DAY
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WAGNER RONALD EDWIN & MARY
WAGNER RONALD EDWIN & MARY
DEE RD HILL WILLIAM M & ANNETTE
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HILL WILLIAM M & ANNETTE
RANGEL PASIANO S
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MILLER RUSSELL J
BRADLEY STANLEY G & RUTH
SUBJECT
PROPERTY
RANGEL PASIANO S
200' NOTIFICATION LIMITS
OWNERSHIP MAP N
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Zone Change WS
No. 2006-05Z
0 200 400 Feet
1 i i i I 1
Map Prepared on December 16, 2005
PROP ID OWNER
R534009 FERNANDEZ D A%MARY HELEN PEREZ
R177297 PEREZ F%MARY HELEN PEREZ
R177225 RANGEL PASIANO S
RANGEL PASIANO S
R177225 RANGEL PASIANO S
R177277 HILL WILLIAM M & ANNETTE
R177263 MILLER RUSSELL J &CHRISTY L BRANNON
R177264 BRADLEY STANLEY G & RUTH
R177290 MASSEY BLANCHE O'DAY
R177257 HALLMARK JOE SAYERS
R177267 WAGNER RONALD EDWIN & MARY
R177265 WAGNER RONALD EDWIN & MARY
R177276 HILL WILLIAM M & ANNETTE
ZONE CHANGE NO. 2006-05Z
Property Owner Notification List
ADDRESS
1618 HATFIELD RD
1618 HATFIELD RD
3407 PARKSIDE DR
1624 HATFIELD RD
3407 PARKSIDE DR
6138 DEE RD
1626 N HATFIELD
104 BUTTERCUP ST
PO BOX 131
PO BOX 15
6131 DEE RD
6131 DEE RD
6138 DEE RD
CITY
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
LAKE JACKSON
PEARLAND
RUSK
PEARLAND
PEARLAND
PEARLAND
ST ZIP CODE LEGAL DESCRIPTION
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
77581-3145
77581-3145
77584-2995
77584
77584-2995
77581-2700
77581
77566-4726
77588-0131
75785-0015
77581-2728
77581-2728
77581-2700
A0544 H T & B R R, TRACT 17 (PT), ACRES 0.7571
A0544 H T & B R R, TRACT 17D-17E, ACRES 1.030, PEARLAND
A0544 H T & B R R, TRACT 17A-19, ACRES 3.500, PEARLAND
PROPERTY OWNER
A0544 H T & B R R, TRACT 17A-19, ACRES 3.500, PEARLAND
A0544 H T & B R R, TRACT 18T, ACRES 0.410, PEARLAND
A0544 H T & B R R, TRACT 19B, ACRES 2.500, PEARLAND
A0544 H T & B R R, TRACT 19A, ACRES 5.000, PEARLAND
A0544 H T & B R R , TRACT 16 (PT), ACRES 5.6427, PEARLAND
A0544 H T & B R R, TRACT 17B, ACRES 2.000, PEARLAND
A0544 H T & B R R, TRACT 18E, ACRES 0.430, PEARLAND
A0544 H T & B R R, TRACT 18C, PEARLAND
A0544 H T & B R R, TRACT 18N, ACRES 0.410, PEARLAND
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 16, 2006
Zone Change No. 2006-05Z
TO: City Council
Planning and Zoning Commission
SUBJECT: A request by Paciano Rangel, owner, for an amendment to the
Land Use and Urban Development Ordinance of said City, for
approval of a change in zoning district from classification Single
Family Dwelling District (R-2) to General Business District (GB)
LEGAL 0.718 acre tract of land, being out of Lots 17 and 19, Allison
DESCRIPTION: Richey Gulf Coast Home Company Subdivision of Section 6,
H.T. & B.R.R. Company Survey, Abstract No. 544, as recorded
in Volume 136, Page 500, of the Brazoria County Deed Records,
City of Pearland, Brazoria County, Texas
GENERAL
LOCATION:
Generally Located on the South Side of Future McHard Road,
and West of Hatfield Road
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: January 16, 2006*
City Council for First Reading: February 13, 2006*
City Council for Second Reading: February 27, 2006*
(*dates subject to change if item is tabled)
SUMMARY: The applicant is requesting a change in zoning on the subject property,
approximately 0.718 acres, for general business district uses. The subject property is
currently zoned as R-2. The subject property is currently undeveloped. The applicant has
JPH 01-16-06
2006-05Z
Page 1
indicated that he plans to construct a storage building on the subject property for
equipment relating to his business, if the zone change is approved.
SURROUNDING ZONING AND LAND USES:
Zoning
North Single Family Dwelling District
(R-2)
South
East
West
Single Family Dwelling District
(R-2)
Single Family Dwelling District
(R-2)
Single Family Dwelling District
(R-2)
Land Use
Single family
undeveloped land
Single family
undeveloped land
Undeveloped land
Single family residences
residence;
residence;
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
applicant is requesting a GB zoning district. The minimum lot size for the GB district is
22,500 square feet, the minimum lot width is 150 feet, and the minimum lot depth is 125
feet. The subject property in its present configuration meets these minimum requirements,
as the subject property is 635 feet in width along future McHard Road, 133 feet in depth at
its deepest point, and is approximately 0.718 acres in size.
The applicant will be required to comply with all other requirements of the Land Use and
Urban Development Ordinance. This includes meeting the building facade ordinance,
paved parking spaces, and providing a landscape plan, in addition to other ordinance
requirements.
PLATTING STATUS: The subject property was originally larger in size. The City acquired
a significant portion of the original tract of land for the right-of-way for McHard Road. The
subject property is the remainder tract of this original tract of land. The applicant may be
responsible for submitting a plat for the subject property, and the plat would need to be
approved by the Planning and Zoning Commission and filed with the County Clerk, prior to
the issuance of a building permit.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
JPH 01-16-06
2006-05Z
Page 2
update adopted on July 26, 2004) recommends "Medium Density Residential" for the
subject property and for many of the surrounding properties on Hatfield Road. The
Comprehensive Plan further indicates that the appropriate zoning districts for "Medium
Density Residential" are the Single Family Dwelling Districts R-2, R-3, and R-4. Therefore,
since the proposed zone change for GB provides for non-residential uses, the proposed
zone change does not conform to the Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on McHard Road, a major thoroughfare with an ultimate right-of-way of 120 feet. The right-
of-way for McHard Road immediately adjacent to the subject property has been acquired
by the City for the construction of McHard Road.
No other roadways affect the subject property.
AVAILABILITY OF UTILITIES: There is currently a 12 inch water main located on the
west side of Hatfield Road. There is a 12 inch gravity main sanitary sewer line on the east
side of Hatfield Road.
Availability and adequacy of utilities will be reviewed during the review of any building
permit applications.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The applicant is requesting the
zone change for the subject property in order to allow him to construct a storage building
for the storage of equipment related to his business. The applicant originally owned a
larger tract of land to the north. This larger tract to the north currently contains a residence.
The City acquired the tract of land to the north, including the residence, for the right-of-way
for McHard Road. The subject property is the portion of the original tract that remains.
The applicant has applied for a permit for the construction of a storage building for the
storage of equipment. This would typically be permitted as an accessory structure in a
residential zoning district, being an accessory to a main use, the main use being the
residence. Since the subject property has been separated from the main use (the house),
the building cannot be permitted as an accessory building. Also, storage for a business
would not be considered as accessory in the R-2 zoning district. The applicant has
indicated that the building would be a storage area for the storage of lawn equipment and
other equipment related to his business.
The requested zone change to General Business District has the potential to cause
negative impacts on the surrounding properties and residential lots within the subject area.
JPH 01-16-06
2006-05Z
Page 3
All surrounding properties are currently zoned as Single Family Dwelling District (R-2),
even though many of the surrounding properties are currently undeveloped. A residential
area currently exists on Dee Street, just to the west and southwest of the subject property.
Introducing a GB tract within this largely residentially zoned area could have a negative
impact on the surrounding residential lots as well as the neighborhood as a whole. The
proposed GB uses will bring in additional traffic, business, and noise that is associated with
a general business district. The GB district permits a range of non-residential uses, such
as automobile uses, gasoline service station, a wide range of retail, office, and business
uses, as well as many other more intense uses.
During the review of the Comprehensive Plan in 2003 and 2004, the Steering Committee
and the Planning and Zoning Commission and City Council looked at the land use plan in
this area, especially along the alignment of McHard Road, due to McHard Road being a
major thoroughfare. The Committee, the Commission, and the Council decided that non-
residential uses along McHard Road should be contained within Retail Nodes, such as the
Retail Node shown on the Future Land Use Plan, just west of the subject property, at the
intersection of McHard Road and O'Day Road. The City did not want to change entirety of
land uses along McHard Road, so as to avoid non-residential developments along both
sides of McHard Road, such as Broadway Street is currently developing.
Also, the properties along O'Day Road are proposed as the Garden Road/O'Day Road
Mixed Use District. There are other tracts of land along Hatfield Road that are currently
undeveloped and zoned as Commercial District. Therefore, Staff believes that there are
sufficient properties within the subject area that are zoned appropriately for the applicant's
proposed use.
The Proposed Zoning Map does not show any other zoning district for the subject property;
the subject property remains zoned as R-2 on the proposed map.
If the zone change for GB is approved, the applicant may be responsible for the submittal
of a traffic impact analysis (TIA) in order to determine the impact of the proposed
development on adjacent roadways and adjacent properties, as well as the locations of
driveways.
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 denial of the zone change for GB, as
proposed by the applicant, for the following reasons:
1. The proposed zone change for GB does not conform to the "Medium Density
JPH 01-16-06
2006-05Z
Page 4
Residential" land use designation as recommended by the Comprehensive Plan,
and the R-2 zoning district as shown on the Proposed Zoning Map.
2. ; The proposed zone change for GB is inconsistent and incompatiblewith existing R-
2 residential districts and single family residential land uses within the subject area.
3. The proposed zone change for GB has the potential to cause negative impacts on
the surrounding residential land uses by introducing an increase in traffic, service
vehicles, noise, as well as other impacts brought about by non-residential land uses.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Zoning Map
• Future Land Use Plan
JPH 01-16-06
2006-05Z
Page 5
DRAFT
MINUTES OF THE JOINT PUBLIC HEARING
OF JANUARY 16, 2006
The Public Hearing for Zone Change 2006-05Z was called to order at 7:41
p.m.
C. Zone Change 2006-05Z
A request by Paciano Rangel, owner, for an amendment to the Land Use
and Urban Development Ordinance of said City, for approval of a change
in zoning district from classification Single Family Dwelling District (R-2) to
General Business District (GB), located on the South Side of Future
McHard Road, and West of Haffield Road
Chairperson Ruby Sandars read the purpose into the record.
Senior Planner Theresa Grahmann presented the Staff Report. Staff
received two public comment forms against. Staff recommends denial of
this zone change.
The applicant was not present to speak.
There were several from the audience that spoke against this zone
change. They were: Mary Helen Perez of 1618 Haffield, Pearland, TX
77584 with concerns of the re -zoning and the road; Cathy Ruff of 1614
Hatfield Rd, Pearland, TX 77854 with concerns of the road being too
narrow; Joanne Parisher of 1543 Haffield Rd (P.O. Box 2383), Pearland,
TX 77584 spoke against the GB zoning,; and Olivia Maria Garza of 1610
Hatfield, Pearland, TX 77584 spoke in regards to the traffic and the
unknown business that would come in.
There was no one else to speak for or against this zone change.
Councilmember Saboe asked if the house was still on the property and
was told it was, but not occupied. There was discussion that the City of
Pearland would own the existing house soon, and City Attorney Coker
stated that it was his understanding that the house would be moved when
McHard Road construction begins. There was brief discussion between
Council/Commission/Staff.
The Public Hearing for Zone Change 2006-05Z was adjourned at 7:58
p.m.
JPH Minutes, 1/16/06
DRAFT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JANUARY 16, 2006
C. Consideration & Possible Action of Zone Change 2006-05Z
A request by Paciano Rangel, owner, for an amendment to the Land Use
and Urban Development Ordinance of said City, for approval of a change
in zoning district from classification Single Family Dwelling District (R-2) to
General Business District (GB), located on the South Side of Future
McHard Road, and West of Hatfield Road
Commissioner Greiner made a motion to approve for the sake of
discussion, and Vice -Chairperson Iocco seconded.
Vice -Chairperson Iocco did not feel this was the best use, and
Commissioner Diggs agreed. Commissioner Fuertes stated that based on
the number of Public Comment forms, that the public was not in favor of
this.
The vote was 0-7. The zone change was denied. The Commission stated
that the reasons for the denial were the same as those listed in the Staff
report.
P&Z Minutes, 1/16/06
PUBLIC
COMMENT
FORM
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1742
281-652-1702 fax
ZONE CHANGE NO. 2006-05Z
Joint Public Hearing to be held Monday, January 16, 2006, 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
(by mail, by fax, or in person, or email tgrahmannna.ci.pearland.tx.us) prior to the Joint Public
Hearing. You may complete this form and attend the Joint Public Hearing.
I am FOR the requested zoning as explained on the attached public notice.
(Checking "FOR" means that you support the zone change request and fee/ that the zoning
should be approved accordingly.)
I am AGAINST the requested
q ested zoning as explained on the attached public notice.
(Checking "AGAINST" means that you are in opposition to the zone change request and feel
that the request should be denied.) Name: //f , -r��J
// M• iLt
Address: ea Peor41417(.7751)'1e7
,fiee d
Pearland Tax Account No. If shown on nclos map):
Signature: J ;l /
Date:
COMMENTS; / /
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SUBJECT
PROPERTY
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LOCATION MAP
Zone Change w+E
No. 2006-05Z
0 200 400 Feet
1 1 1 1 1 I
Map Prepared on December 16, 2005
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Major Constructors, LLC 2812809985
• .%
PUBLIC
COMIVIENT
FORM•
p . 2
: ve`"Vinir MAlt,t77747rilMart,:i'a
omrnunhty Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
81-652-1742
281-652-1702 fax
ZONE CHANGE NO. 20.0-6;..05Z.
Joint Public Hearing to be IIId MohavJij1uary 1611O6. at ef30 PM in the
dhainbiri of Citifiall; 161 9 Librty Drivei:Peailanct;'Texas. •
you are Linable-46.-attend._the.dosint Public Hearin u wts pinions made a
paj-tofAte public record, please complete.thiSIOrhl 'arid retirn irithe above rgited.'addreis
ibLmailOv fax, Tr in perspm or pmail torahman'nci.peariaod.txusl prior to the Joint Public
I -fearing. You may complete this forni and Aerid the Jol`nt Public Hearing'.
1 am FOR the requested zoning as explained on the attached public notice.
(Chebkirig:`#OR" means,.that: you support the zone change request and feel that the zoning
should be approved accordingly.)
-7X±I am AGAINST the requested zoning as explained on the attached pu6liC nthice.
(Checking "AGAINST" means that you are in opposition to the zone change request and fee/
that the request ,should bp denied.)
_figet? 4' .400
•Name:
Address:
Pearland Tax Arcount No. (If shown on enclosed map):
Signature:
cz5141-60e9-,.?
Date: /-47 -G2 6
COMMENTS:74,v? eer ClIvx/e71-0/ 1 CX/V/ Z-Eli
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2_6
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•
ZONING MAP
Zone Change
No. 2006-05Z
0 200 400 Feet
Bill I
Map Prepared on December 16, 2005
e.ium Density
Residential
FUTURE LAND USE PLAN
Zone Change
No. 2006-05Z
W+E
0 200 400 Feet
111II
Map Prepared on December 16, 2005
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 % // 20 _Cf_
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20 a
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
r. L!•R•. :. .. Yy;.-
day of
tiJ
Laura Ann Emmons, Publisher
Notary Public, State of Texas.
aoo ca - 052
LEGALS
ZONE CHANGE
NO. 2006-05Z '
Notice is hereby given that
! I on January 16, 2006, 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-Hal1,1
located at 3519 Liberty
°Drive, Pearland, Texas, on
the, request of Paciano,
Rangel, owner, for an
i amendment to the Land
Use and Urban;
Development Ordinance of
_said City, for approval of as'
change in zoning district,
from classification Single?
Family Dwelling District (R-
2) to General Business
-District (GB), on the follow-:
ing described property, -to
wit:
0.718 acre'tract of land,
-being out of Lots 17 and 19,
Allison Richey Gulf Coast
Home Company
Subdivision of Section 6,
H.T. & B.R.R. Company.
Survey, Abstract No. 544,
as recorded in Volume 136, II
Page 500, of the Brazoria
County Deed Records, City •
, of Pearland, Brazoria
i County, Texas (Generally
.Located 'on the South Side
of Future McHard Road,
and. West of Hatfield Road)
i 9
At said hearing all interest-
. ed parties shall have the
right and opportunity -to -
appear and be heard on the :l
subject.
/s/ Theresa Grahmann
Senior Planner
Wednesday, Dec. 28, 2005
and Jan.-4, 2006
NOTICE OF A JOINT PUB-,
LIC HEARING OF THE.
CITY COUNCIL.AND THE
PLANNING AND ZONING
COMMISSION d'F THEj
CITY OF. PEARLAND,.
• TEXAS