Loading...
Ord. 0943-07 2003-03-24ORDINANCE NO. 943-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING FIGURE 7.2, LAND USE PLAN, OF THE CITY'S COMPREHENSIVE PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY, ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR CODIFICATION. WHEREAS, Local Government Code §211.004 requires a municipality desiring to regulate the use of land within its corporate limits to adopt a comprehensive plan for future development; and WHEREAS, on December 13, 1999, the City Council adopted a comprehensive plan setting the goals, objectives, policies, and criteria for Pearland's physical growth; and WHEREAS, accommodating anticipated growth while preserving a sense of community is critical to the City's proper development; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That City Council hereby amends Figure 7.2, Land Use Plan, of the City's Comprehensive Plan, attached hereto as Exhibit "A", as a guide for accommodating anticipated growth while preserving a sense of community in Pearland. Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable 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. ORDINANCE NO. 943-7 Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 5. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 6. Effective Date. The Ordinance shall become effective immediately upon its passage and approval on second and final reading. PASSED and APPROVED ON FIRST READING this the 10th day of March , A. D., 2003. ATTEST: Y NG SE RETARY PASSED and APPROVED ON SECOND AND FINAL READING this the 24th day of March , A. D., 2003. 2 TOM REID MAYOR ORDINANCE NO. 943-7 ATTEST: Y RETAR APPROVED AS TO FORM: t-t DARRIN M. COKER CITY ATTORNEY 3 Proposed Amendments 1. Rustic Lane: Currently, a two-lane uncurbed road (east of Dixie Farm), Rustic Lane provides the sole access to Rustic Oaks Elementary School. The proposed extension of Rustic Lane to Dixie Farm is intended to accommodate students within the school's service zone who today must take a circuitous route to school. The proposed amendment to eliminate this extension was initiated by Clayton Dykes who is developing the tract of land located at the northern end of Buckholt. City Council conducted a workshop on February 10, 2003 to discuss this issue (see attached agenda request). Also, as part of the Rustic Lane amendment, staff is proposing the deletion of the northern extension of the minor collector into the Pine Hollow subdivision. This deletion is being proposed due to the fact the neighborhood (Pine Hollow) is already platted and developed. Specifically, this Section of Pine Hollow was developed prior to the adoption of the Master Thoroughfare Plan, which did not account for the presence of the subdivision. Furthermore, according to the definition in the Thoroughfare Plan, a Minor Collector is intended to discourage through traffic through residential areas. 2. 3. Hatfield Road: The Hatfield Road amendment encompasses the section between F.M. 518 and Magnolia. The proposed amendment is to reclassify this section of Hatfield Road from a Major Collector (80' r-o-w) to a Minor Collector with sufficient width (60' r-o-w) and eliminate the proposed creek crossing to Magnolia. Staff is of the opinion this section of Hatfield does not need to function as a Major Collector because it is situated between (approximately 1,300') Harkey Road (Proposed Secondary Thoroughfare- 100' r-o-w) and McLean Road (Proposed Major Collector- 80' r-o-w). Specifically, Harkey and McLean (once widened) will provide adequate mobility for the area. Unnamed Minor Collector (east of Old Chocolate Bayou Road, west of Manvel Road, south of FM 518, and north of Fite Road): The deletion of this Minor Collector is being proposed due to the fact the Comprehensive Plan (Land Plan and Thoroughfare Plan) did not account for the presence of the existing lake. Specifically, a substantial portion of the proposed roadway and future residential uses are shown directly over the location of the lake. Because the lake is existing and 4. functioning as a detention facility for surrounding development, it is unlikely new development within the area will generate enough trips to warrant the minor collector street called for within the Thoroughfare Plan. Also, Old Chocolate Bayou Road (Secondary Thoroughfare — 100' r-o-w) and Manvel Road (Major Collector (80' r-o-w) are located respectively to the west and east. Fite Road from Old Chocolate Bayou Road west and north to FM 518: The addition of this western extension of Fite Road is being proposed in order to facilitate future traffic demands and provide a secondary ingress/egress to the general area. Specifically, the land between F.M. 518 and Fite Road is divided horizontally (east to west) by an existing pipeline. As a result and based on proposals presented during recent predevelopment meetings, staff believes the area will need secondary access from Fite Road upon development. For example, emergency access to development in this area could be hindered if a pipeline event occurs and the only point of ingress/egress is from F.M. 518. RECOMMENDED ACTION Consider the above referenced amendments to the Thoroughfare Plan (Figure 7.2), of the City of Pearland Comprehensive Plan Ordinance. March 5, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL FOR AMENDMENTS TO THE THOROUGHFARE PLAN OF THE CITY OF PEARLAND COMPREHENSIVE PLAN ORDINANCE AS FOLLOWS: 1) Rustic Lane Honorable Mayor and Council Members: At a regular meeting held on March 3, 2003 immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ruby Sandars made a motion to forward to City Council for approval with a second made by Commissioner Ray Bacon. Motion to approve passed 7-0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission Page 1 of 1 March 5, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL FOR AMENDMENTS TO THE THOROUGHFARE PLAN OF THE CITY OF PEARLAND COMPREHENSIVE PLAN ORDINANCE AS FOLLOWS: 2) Hatfield Road (between FM 518 and Magnolia) Honorable Mayor and Council Members: At a regular meeting held on March 3, 2003 immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Robert Scherrer made a motion to forward to City Council for approval with a second made by Commissioner Ruby Sandars. Motion to approve passed 7 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission Page 1 of 1 March 5, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL FOR AMENDMENTS TO THE THOROUGHFARE PLAN OF THE CITY OF PEARLAND COMPREHENSIVE PLAN ORDINANCE AS FOLLOWS: 3) Unnamed Minor Collector (East of Old Chocolate Bayou Road, West of Manvel Road, South of FM 518, and North of Fite Road) Honorable Mayor and Council Members: At a regular meeting held on March 3, 2003 immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Ruby Sandars made a motion to forward to City Council for approval with a second made by Commissioner Russ Selemon. Motion to approve passed 7 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission Page 1 of 1 March 5, 2003 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL FOR AMENDMENTS TO THE THOROUGHFARE PLAN OF THE CITY OF PEARLAND COMPREHENSIVE PLAN ORDINANCE AS FOLLOWS: 4) Fite Road from Old Chocolate Bayou Road, West and North to FM 518 Honorable Mayor and Council Members: At a regular meeting held on March 3, 2003 immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Commissioner Robert Sederdal made a motion to forward to City Council for approval with a second made by Commissioner Ray Bacon. Motion to approve failed 7 to 0. This is submitted for your consideration. Sincerely, Planning & Zoning Commission Page 1 of 1