Ord. 509-620 11-25-02ORDINANCE NO. 509-620
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 .06740 ACRES, GEORGE C. SMITH
SURVEY, ABSTRACT 546, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 1067)(SPECIFIC USE APPLICATION NO. 115) (3806 HARKEY ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO ESTATE
LOT SINGLE FAMILY DWELLING DISTRICT - SPECIFIC USE (R-E(S))
FOR A DAY CARE FACILITY AT THE REQUEST OF BENNIE MORGAN,
AGENT, FOR ELIZABETH BAINS, 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, Bennie Morgan, Agent, for Elizabeth Bains, Owners, filed on
September 10, 2002, 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 21s` of October, 2002, 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 22nd day of October, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-620
proposed amendment application by, Bennie Morgan, Agent, for Elizabeth Bains, Owners,
whereby the Commission recommended and approved a change of classification for the
property described in Exhibit "A" from its existing classification of Suburban Development
(SD) to Estate Lot Single Family Dwelling District - Specific Use (R-E(S)) for a day care
facility and;
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this application, and considered the recommendation of the
Planning and Zoning Commission, at a regular meeting on November 11, 2002, 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 Bennie Morgan, Agent, for Elizabeth Bains, Owners, presented which,
in the judgment of the City Council, would justify the approval of said application, it is
therefore,
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 (SD) is hereby for
all purposes changed and reclassified as Estate Lot Single Family Dwelling District -
Specific Use (R-E(S)) for a day care facility; such property being more particularly
described as:
.06740 acres, George C. Smith Survey, Abstract 546, Brazoria County, Texas (3806
Harkey Road)
2
ORDINANCE NO. 509-620
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.
3
ORDINANCE NO. 509-620
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to the
official Land Use District Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509, and consistent with the approval herein granted for the reclassification
of the herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this llth day of
November ,2002.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-620
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day
of November , 2002.
ATTEST:
NG
Y SEA "ETARY
APPROVED AS TO FORM:
as-k,
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one: 0 ,
❑ Change in Zoning Classification from: S • to:
(list current zoning) (list proposed zoning)
Er Specific Use Permit Request for :
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
Ay c,/L
(list proposed use)
Property Information:
Address: 0 16(--(Ar
Subdivision: Lot:
Tax I.D. Number:
A-6
Block:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property):
Proposed use of property: ;CJ,
PROPERTY OWNER INFORMATION:
NAME PG(' 2-It l041 1/f
ADDRESS -3 g, f ,/ t tti SSof'CITY i, STATE_ Ili ZIP
PHON ( 27 )
FAX(_)
E-MAIL ADDRESS
APPLICANT/AGENT INFORMATION:
r E__
NAME E7v'/V r 0 l^ /&1 ADDRESS (`"? r/l/L � a.,�- /4p
CITY 14 '1` 141 STATE' ZIP 7
PHONE('() '- 9
FAX( )
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: -
Agent's Signature: l Date: q (0 ") d
OFFICE USE ONLY:
FEES PAID: DATE PAID:
RECEIVED BY: APPLICATION NO. / 7
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0 200 400 Feet
Zone Change Application No. 1067 and
Specific Use Application No. 115
Elizabeth M. Bains/Bennie R. Morgan
3806 Harkey Road
(SD - RE(S))
Zone Change Application
No. 1067 and Specific Use
Application No. 115
Date of City Council and Planning and October 21, 2002
Zoning Commission Joint Public Hearing:
Property Owner:
Applicant or Agent:
Location or Address of Property:
Existing Zoning:
Requested Zoning:
Elizabeth M. Bains
Bennie R. Morgan
3806 Harkey Road
Suburban Development District (SD)
Estate Lot Single Family Dwelling District —
Specific Use (R-E(S))
SUMMARY: The applicant is requesting a change in zoning on the subject property in
order to convert an existing building into a day care facility. The applicant is proposing an
underlying zoning district of R-E, with a specific use permit for a day care facility.
SURROUNDING ZONING AND LAND USES:
North
South Suburban
District (SD)
East Suburban
District (SD)
West
Single Family Dwelling
District (R-1)
Zoning
Suburban Development
District ,(SD)
Land Use
Single family residence
Development An existing business (Whitt Septic)
Development Existing industrial buildings
Single family residences
Zone Change Application No. 1067/SU 115
Page 1
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan
recommends Low Density Residential uses for the subject property and all of the
surrounding areas. The Comprehensive Plan further indicates that the appropriate zoning
districts for low density residential uses are Estate Lot Single Family Dwelling District (RE)
and Single Family Dwelling Districts R-1 and R-2.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Harkey Road, which is a designated as a secondary thoroughfare that is to be widened
in the future as needed. No other roadways affect the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Many of the surrounding Tots on
both sides of Harkey Road are currently zoned as R-1, and other lots remain zoned as
Suburban Development District (SD). Should the day care facility not develop, the
underlying R-E district would allow for the development of a single family residence.
The applicant previously submitted a change in zoning for the subject property from
Suburban Development District (SD) to Office and Professional District (OP). That zone
change request was denied by the City Council partly due to the variety of uses that are
permitted within the OP district. The applicant has now submitted the proposed zone
change in order to specify the use for the subject property, a day care facility.
PUBLIC COMMENTS: Public notice/comment forms were mailed to 16 property owners
within 200 feet of the subject property under consideration. No public comment forms have
been returned.
STAFF RECOMMENDATION: Staff recommends approval of the zone change and the
specific use permit for a day care facility.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Area Zoning Map
Zone Change Application No. 1067/SU 115
Page 2
Zone Change Application No. 1067 and
Specific Use Application No. 115
0 200 400 Feet Elizabeth M. Bains/Bennie R. Morgan
1 1 1 i 1 I 3806 Harkey Road
(SD - RE(S))
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COCHRAN JOEBira4
COCHRAN JOE B & KATHY C
HUGHESJOHN D & TRACEY A.!
:'SIMMONS PATRICK H & DEBORA:
RAMOS JOSE &,BEATRICE
.ESPINOZA JOSE & TERESA
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ADAME JOSE & IRMA R
RAMOS. JOSE A
ADAME DOSE & IRMA R
SANDERS KEITH
'COLE JOHN L &:DELLA
73
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WEST JOSEPH A JR
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WEST‘JOSEPH'A'JR,
WEST JOSEPH A'JR I
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WEST JOSEPH A JR,
0 200 400 Feet
11 1 1 1 1
Zone Change Application No. 1067 and
Specific Use Application No. 115
Elizabeth M. Bains/Bennie R. Morgan
3806 Harkey Road
(SD - RE(S))
TAX ACCOUNT #
0546-0009-135
2550-0012-000
2550-0012-000
0546-0009-001
0546-0009-002
0546-0009-003
2550-0022-000
2550-0022-000
0546-0009-000
0546-0009-132
7553-0002-120
7553-0004-000
7553-0006-000
2550-0029-110
2550-0029-110
7553-0002-110
7553-0002-000
OWNER
RAMOS JOSE A & BEATRICE
WEST JOSEPH A JR
WEST JOSEPH A JR
ESPINOZA JOSE & TERESA
ADAME JOSE & IRMA R
RAMOS JOSE A
WEST JOSEPH A JR
WEST JOSEPH A JR
BAINS ELIZABETH MILLER
BENNIE R MORGAN
ANTONIO LINARES
HUGHES JOHN D & TRACEYA
SANDERS KEITH
ADAME JOSE & IRMA R
COCHRAN JOE B & KATHY C
COCHRAN JOE B & KATHY C
SIMMONS PATRICK H & DEBORA
COLE JOHN L & DELLA L
ZONE CHANGE APPLICATION NO. 1067
AND
SPECIFIC USE APPLICATION NO. 115
Property Owner Notification List
ADDRESS
5192 WILLOW WOOD RD
6009 COTTONWOOD ST
6009 COTTONWOOD ST
PO BOX 2551
5701 BECKY LN
5192 WILLOW WOOD RD
6009 COTTONWOOD ST
6009 COTTONWOOD ST
3402 WINDSOR ST
17325 MCLEAN RD
1005 AVENUE J
PO BOX 2903
6105 SHARONDALE ST
5701 BECKY LN
6006 COTTONWOOD ST
6006 COTTONWOOD ST
3980 LARKSPUR ST
3520 E CIRCLE DR
CITY
RLLNG HLS EST, CA 90274-2321
PEARLAND, TX 77584-8309
PEARLAND, TX 77584-8309
PEARLAND, TX 77588-2551
PEARLAND, TX 77584-8325
RLLNG HLS EST, CA 90274-2321
PEARLAND, TX 77584-8309
PEARLAND, TX 77584-8309
PEARLAND, TX 77581-4850
PEARLAND, TX 77584
HOUSTON, TX 77587
PEARLAND, TX 77588-2903
PEARLAND, TX 77584-5097
PEARLAND, TX 77584-8325
PEARLAND, TX 77584-8308
PEARLAND, TX 77584-8308
ALVIN, TX 77511-5033
PEARLAND, TX 77581-6104
LEGAL DESCRIPTION
A0546 H T & B R R, TRACT 9A3B, ACRES 1.000
CAS CON ACRES (A0509 H T & B R R), BLOCK 2, LOT 1-2
CAS CON ACRES (A0509 H T & B R R), BLOCK2, LOT 1-2
A0546 H T & B R R, TRACT 9Al2 TR F2, ACRES 0.670
A0546 H T & B R R, TRACT 9A15, ACRES 0.867
A0546 H T & B R R, TRACT 9A14, ACRES 0.860
CAS CON ACRES (A0509 H T & B R R), BLOCK 2, LOT 13-14
CAS CON ACRES (A0509 H T & B R R), BLOCK 2, LOT 13-14
G C SMITH LT 9A-13 TR F1 546 H T & B, ACRES 0.670
SHARONDALE (A0546 H T & B R R), LOT 2C
SHARONDALE (A0546 H T & B R R), LOT 4, ACRES 0.760
SHARONDALE (A0546 H T& B R R), LOT 6
CAS CON ACRES (A0509 H T & B R R), BLOCK 3, LOT 1-2
CAS CON ACRES (A0509 H T & B R R), BLOCK 3, LOT 1-2
SHARONDALE (A0546 H T & B R R), LOT 2B
SHARONDALE (A0546 H T & B R R), LOT 2A, ACRES 0.533
AFFIDAVIT =OF PUBLICATION
e 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 newspaperof -general
circulation in Brazoria, Harris & Galveston Counties, for / :issues,. -as follows:
Date-ZS
Date
Subscribe and sworn to before me this
20 O
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING ,
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 21st day of October,'
2002, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria,
e Harris and Fort Bend
Counties, Texas, will conduct'
a joint -public hearing in the i
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the i
request of Bennie Morgan, ;
agent for Elizabeth Bains,
owner, for an amendment to {
the Land Use and Urban
Development Ordinance of ,
said City from Classification ;
Suburban ' Development'
District (SD) to' Estate Lot i
Single • Family Dwelling'
District - Specific Use' (R-
E(S)), for a day care facility,
on the following descried
property, to wit:
0.6740 acres, George C.
Smith Survey, Abstract 546,
Brazoria County, Texas (3806
Harkey Road)
' At said hearing all interested I
parties shall have the right;
and opportunity to appear{
and be heard on the subject.{
/s/ Mona Ann Phipps
Development Coordinator j
APPLICATION NO. 1067 ,
and SPECIFIC USE
• APPLICATION NO. 115
-----
Published Sept. 25 & Oct. 2,
- 2002
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
No Date
No. Date
No. Date
No.: Date
Subscribe and sworn to before me this
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
President
Laura: Ann Emmons, Publisher
Notary Public, State of Texas
r—
;Published Sept. 25 & Oct. 2,
12002
{
NOTICE OF A JOINT -
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
•
Notice is hereby -given 'that on',
the 21st day of October,
i2002, at 6:30 p.m., the City
Council and Planning and i
I Zoning Commission of the
City of Pearland, Brazona,
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 - Bennie Morgan,
agent ' for Elizabeth Bains, ,
' owner; for an amendment to
the Land Use and ' Urban
Development Ordinance of '
said City from Classification .
' Suburban Development
District (SD) to Estate Lot
Single, Family Dwelling
District Specific Use (R-
E(S)), for a day care facility, ,
on the following described
1 property, to wit: ,
0.6740 acres, ' George C.
Smith Survey, Abstract 546,
Brazoria County, Texas,(3806
Harkey Road)
At said hearing all interested
parties shall have the right.
and opportunity to appear
and be heard on the subject.
/s/ Mona Ann Phipps •
Development Coordinator
APPLICATION NO. 1067
and SPECIFIC USE
APPLICATION NO. 115
October 22, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THJ CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1067 AND SPECIFIC USE APPLICATION NO. 115
Request of Bennie Morgan, agent for Elizabeth Bains, owners for an amendment to the Land
Use and Urban Development Ordinance from classification Suburban Development (SD) to
Estate Lot Single Family Dwelling District — Specific Use. (R E(S)) for a day care facility on the
following described property, to wit:
0.6740 acres, George C. Smith Survey, Abstract 546, Brazoria County, Texas (3806 Harkey
Road)
Honorable Mayor and Council Members:
At a regular meeting held on October 21, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Zoning Application No. 1067 with Specific
Use Application No. 115 to City Council for approval. Commissioner Sheryl Greiner seconded the
motion.
Motion to approve 4 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Elizabeth Bains, 3402 Windsor St., Pearland, Texas 77586
Bennie Morgan, 17325 McLean Rd, Pearland, Texas 77584
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