Ord. 509-328 03-27-99 FailedDenied 9127199
ORDINANCE NO. 509-328
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 A 120.417 ACRE TRACT IN THE W.D.C. HALL
LEAGUE, A-70AND PART OF LOTS 13-24, S.W. NARREGANG SUBDIVISION,
VOLUME 1, PAGE 92 AND ALSO LOTS 1 & 2, GEORGE W. JENKINS
SUBDIVISION, VOLUME 79, PAGE 616, BRAZORIA COUNTY MAP RECORDS
(APPLICATION NO. 806) FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-l) TO SINGLE FAMILY DWELLING DISTRICT-
PLANNED UNIT DEVELOPMENT (R-2 PUD) AT THE REQUEST OF KEN
CAFFEY OF OAKBROOK ESTATES, LTD, OWNERS, PROVIDING FOP, 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, Ken Caffey of Oakbrook Estates, Ltd., Owners, filed on June 24, 1999, 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 7th day of September, 1999, 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 8~ day of September, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Ken Caffey of Oakbrook Estates, Ltd., Owners, whereby the
Commission recommended and approved a change of classification for the property described
in Exhibit "A" from its existing classification of Single Family Dwelling District (R-l) to Single
Family Dwelling District-Planned Unit Development (R-2 PUD); and;
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on September 13, 1999, 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 Ken Caffey of Oakbrook Estates, Ltd., Owners, facts were 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:
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-l) to is hereby
for all purposes changed and reclassified as Single Family Dwelling District-Planned Unit
Development (R-2 PUD); such property being more particularly described as:
Being a 120.417 acre tract in the W.D.C. Hall League, A-70 and part of Lots 13-24,
S.W. Narregang Subdivision, volume 1, page 92 and also Lots 1 & 2, George W.
Jenkins Subdivision, volume 79, page 616, Brazoria County map records
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
2
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 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.
ORDINANCE NO. 509-328
PASSED, APPROVED, and ADOPTED on First Reading this
ATTEST:
{ '~Y~ day of
TOM REID
MAYOR
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,1999.
day
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITYATTORNEY
ORDINANCE NO
509-328
September 8, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 806
Request of Ken Caffey of Oakbrook Estates, Ltd., owners, for an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Single Family
Dwelling District (R-I) to Single Family Dwelling District-Planned Unit Development (R-2
PUD) on the following described property, to wit:
Being a 120.417 acre tract in the W.D.C. Hall League, A-70 and part of Lots 13 -24, S.W.
Narregang subdivision, Vol. 1, pg 92 and also Lots 1 & 2, George W. Jenkins subdivision,
Vol. 79, pg. 616, Brazoria Co. map records
Honorable Mayor and Council Members:
At a regular meeting held on September 7, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Donald
Glenn to recommend approval of Zone Change Application No. 806.
Motion to approve passed 4 to 1.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
CITY OF PEAR]LAND
ZONE CHANGE APPLICATION
revised 3~5~96
Change in Zoning Classification from:
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
Lot: Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address: ":7-b 76 /.,C/oo,3~o,~ ~
Owner's telephone number:
Agent's name: ~__~ ~¢+,c?~.(
Agent's mailing address:
Agent's telephone number:
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Peadand. *On a Specific Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Owner's signature: Agent's signature:
Fees paid: $ Date paid: {,~
Received by: Application number:
R-1
1:1-2
M-1
M-1
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
R-2 MEDIUM DENSRY SINGLE FAMILY DWELLING
DISTRICT
R-5 MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
DISTRICT
MF MULTI - FAMILY DWELLING DISTRICT -,
PUD PLANNED UNIT DEVELOPMENT DISTRICT
M-1 LIGHT INDUSTRIAL DISTRICT
ZONE CHNIEIE
FROM
TO R-2 t~tJD)
AFFIDAVIT OF"PUBLICATION
The Pearland Reporter N, ews
2404 South Park
Pearland, Texas 77581
rate of Texas
razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
rculation in Brazoria and Harris Counties, for // issues, as follows: ..
No. ,] Date
No. Date 19 __
No. Date 19 __
No. Date 19__
No. Date 19__
~bscribe and sworn to before me this
day of ~- 0
~ Hall, ~519
Pearland,
'ban Developm~ni
said City from
Family
~ following descrtbe(I pro~.
120.417 ac. tract in
A-70,
· 92, and also
~ & 2, Geo W,,Je~kin~ *
)g. 616;.
R~c~rds~.
~/Young Loding
AFFIDAVIT OF PUBLICATION
The Pearland Reporter NeWs
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
:[andy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
culation in Brazoria and Harris Counties, for / issues, as follows: -.
No. / Date ,~Z;~, 2-~' 19 . .
?'
No. Date 19 __
No. Date 19
No. Date 19
No. Date 19 __
President
bscribe and sworn to before me this
day o! ~
~er
Notary Public, State of Texas
Uni~
descfib~ ~ro~ .~
to wit'.
~ .
128
MATTERS REMOVED FROM CONSENT AGENDA
I. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING
OF-.ORDINANCE NO:`509-328- 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 A
120.417 ACRE TRACT IN THE W.D.C. HALL LEAGUE, A-70 AND PART OF
LOTS 13-24, S.W. NARREGANG SUBDIVISION, VOLUME 1, PAGE 92 AND
ALSO LOTS 1 & 2, GEORGE W. JENKINS SUBDIVISION, VOLUME 79, PAGE
616, BRAZORIA COUNTY MAP RECORDS (APPLICATION NO. 806) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO SINGLE
FAMILY DWELLING DISTRICT-PLANNED UNIT DEVELOPMENT (R-2 PUD) AT
THE REQUEST OF KEN CAFFEY OF OAKBROOK ESTATES, LTD, 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.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
deny Ordinances No. 509-328 on its second and final reading.
Councilmember Tetens stated that this property is an R-1 and has been for years and
feels that is the highest and best use for that property and it should not be changed.
Councilmember Beckman stated that she agrees.
Mayor Pro-Tern Berger stated that he support this ordinance on its first reading. He said
that the developer was working well with the homeowners. After considering the best use
of the property he also agrees that best use of property would be to leave it alone. He
also expressed his concerns regarding some trust that he has lost with this developer
because of some previous transactions done with land in the City. Mayor Pro-Tern Berger
further addressed his concerns regarding Fox & Jacobs building a home along the City's
premier boulevard.
Councilmember Wilkins stated that he also concurs that the property should be R-1 which
is the highest and best use of the property.
Page 8 of 26 - 9/27/1999
120
Councilmember Seeger stated that he took a drive around the City and he also has to
agree that property should be used for R-1 which is the highest and best use of the
property.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens and Beckman.
Voting "No" None. •
Motion Passed 5 to 0.
NEW BUSINESS
FIRST AND ONLY READING OF ORDINANCE NO. 930 - AN ORDINANCE
AUTHORIZING ISSUANCE OF CITY OF PEARLAND, TEXAS, WATER AND SEWER
SYSTEM REVENUE BONDS, SERIES 1999; PRESCRIBING THE TERMS AND
CONDITIONS THEREOF; PROVIDING FOR THE PAYMENT THEREOF; MAKING
OTHER PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT
THERETO;AWARDING THE SALE OF THE BONDS;AUTHORIZING ENGAGEMENT OF
BOND COUNSEL; AUTHORIZING EXECUTION AND DELIVERY OF A PAYING
AGENT/REGISTRAR AGREEMENT, A LIQUIDITY AGREEMENT, A PLACEMENT
AGREEMENT AND A REMARKETING AGREEMENT; AND DECLARING AN
EMERGENCY, AS THE TIMELY ISSUANCE OF WATER AND SEWER SYSTEM
REVENUE BONDS BEARS DIRECTLY UPON THE HEALTH, SAFETY,AND WELFARE
OF THE CITIZENRY. •
Passed, no Council action taken.
COUNCIL ACTION - RESOLUTION NO. R99-73 - A RESOLUTION OF THE CITY
COUNCIL OF PEARLAND, TEXAS, MAKING CERTAIN FINDINGS RELATING TO THE
CREATION OF CITY OF PEARLAND PUBLIC IMPROVEMENT DISTRICT NO. ONE
(SHADOW CREEK RANCH).
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R99-73.
City Attorney, Darrin Coker, stated that this and the next item are relative to the Shadow
Creek Ranch Development. This is a Public Improvement District which will be necessary
for other infrastructure development to take place in more subdivision type related
developments. Mr. Coker further explained what the requirements are to establish a P.I.D. •
Page9of26 - 9/27/1999
101)
i RST aEaDING URR(NANCEy NO. 509-328,- AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PE 1RL`AND;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 A 120.417 ACRE TRACT IN THE
W.D.C. HALL LEAGUE, A-70 AND PART OF LOTS 13-24, S.W. NARREGANG
SUBDIVISION, VOLUME 1, PAGE 92 AND ALSO LOTS 1 & 2, GEORGE W. JENKINS
SUBDIVISION, VOLUME 79, PAGE 616, BRAZORIA COUNTY MAP RECORDS
(APPLICATION NO. 806) FROM CLASSIFICATION SINGLE FAMILY . DWELLING
DISTRICT (R-1) TO SINGLE FAMILY DWELLING DISTRICT-PLANNED UNIT
DEVELOPMENT (R-2 PUD) AT THE REQUEST OF KEN CAFFEY OF OAKBROOK
ESTATES, LTD, 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.
Councilmember Seeger made the motion, seconded by Mayor Pro-Tem Berger, to
approve Ordinance No. 509-328 (Application No. 806) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 806.
Ken Caffey, 1013 N. Amy, Amvest Properties, addressed Council and gave an overview
of other properties that Amvest has developed, such as Emerald Point, Huntington
Village in Silverlake, Sunrise Lake, and currently developing in Oakbrook Estates which
is the project that is for consideration. He said that it will be developed as an R-2 PUD.
Mr. Caffey gave a presentation regarding the subdivision. He also gave a brief update
regarding their meeting with the residents in Shadycrest Homeowners Association. In
closing Mr. Gaffey asked that Council to approve their request.
Clinton Wong, 7676 Woodway, Amvest Properties, addressed Council and stated that
they had responded to the concerns of the Shadycrest residents regarding traffic. Mr.
Wong gave a presentation of the plans regarding the traffic and concerns of the residents
of Shadycrest. He also gave a brief presentation of the development regarding drainage
issues. In closing Mr. Wong thanked the City Staff for their assistance in this process.
Additional discussion between the Mayor, Council, Mr. Caffey, and Mr. Wong ensued
regarding the overall Planned Unit Development.
Councilmember Beckman stated that she was on the Planning and Zoning Commission
when this property was re-zoned R-1 at that time it was the highest and best use for that
Page 20 of 25 - 9/13/1999
10:
land, and part of the Commission's consideration was reserving some part of Pearland
for future development in large lots. She said that there is so little land reserved in
Pearland for R-1 development that we should continue to preserve that land.
Councilmember stated that she feels that land should remain R-1 and that is the way she
will vote.
Councilmember Tetens stated he has concerns regarding small subdivisions that are
being developed not considering the density and the lack of green areas, and the amount
houses that are being put on the ground. He further stated that as a City Council there
are directing the City in the wrong direction.
Mayor Pro-Tern Berger stated that he has given this a lot of thought. He likes the R-1 like
everybody does and would like the whole R-1 if we could. However, we have had a
developer bend over backwards working with an established subdivision trying to
accommodate their needs and request have phased it in as the City likes it. This
developer has tried to satisfy all that are concerned. In closing Mayor Pro-Tem Berger
stated he will support it.
Councilmember Seeger stated that the developer has showed his wiliness to work with
everyone by rerouting the traffic and that is worth a lot. Councilmember Seeger that he.
will be supporting it.
Voting "Aye" Councilmembers Seeger, and Berger.
Voting "No" Councilmembers Beckman, Tetens.
In order to break a tie vote, Mayor Reid must cast his vote. •
Voting "Aye" Mayor Reid.
Motion Passed 3 to 2, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-329 - 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 A 4.3026 ACRE TRACT, THE NORTH
OF LOT 38, SECTION 2, H.T. & B.R.R. CO. SURVEY, A-542, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 807) (1702 N. MAIN) FROM
CLASSIFICATION LIGHT INDUSTRIAL DISTRICT(M-1)TO COMMERCIAL DISTRICT
•
Page 21 of 25 -9/13/1999