Press Release October 1, 2015:

“Sugar Land Votes” to Hold Town Hall and Referendum Petition

Signing, Sunday Oct 11, 2015

In an effort to provide the Sugar Land voting public with relevant and factual information regarding the

Referendum Petition to Rescind Ordinance 2014, “Sugar Land Votes” an organization of concerned

residents, will hold an informational Town Hall Meeting and Referendum Petition signing event on

Sunday, October 11, 2015 at the TE Harman Community Center, 226 Matlage Way in Sugar Land.

In order to accommodate concerned residents, four presentations will be held, one every half hour; 1:00

pm, 1:30 pm, 2:00 pm and 2:30 pm. Each presentation will begin with a series of slides showing some of

the most relevant document changes from the past Development Code to the recently approved

Development Code contained in Ordinance 2014. Volunteer training will be available for those wishing

to help in the continuing efforts.

The presentation will also provide information on the current Comprehensive Plan, Chapter 6, which will

be removed should the City proceed with the Land Use Update as planned. Text from the current,

adopted Comprehensive Plan, Chapter 6 stating “no more than 200 units at any one location” is shown

below.

“The low density character of the City of Sugar Land has been established through many years

of planning and sensitive development. Since its inception as a family oriented community the

citizens have repeatedly voiced a desire to enhance their neighborhood atmosphere and

community values. The proven advantages of single family neighborhoods over high density

multi-unit dwelling forms has led to Sugar Land retaining its highly desirable small town

atmosphere.

This should be accomplished by limiting the highest density to no more than twenty units to the

acre, a maximum of no more than two hundred units at any one location, and no more than

three hundred such units within any one square mile of the City. The limitation on units per

square mile will be implemented by using a circle that has a 3,000 foot radius that can be moved

surrounding the proposed development to determine the concentration within any one square

mile in the City and ETJ. In addition, such developments (apartments, condominiums,

townhouses and other group residential uses) should be dispersed throughout the community to

avoid undue concentration of population. This should be accomplished by spacing developments

to ensure a balance in each location of single family residences and multi-unit dwellings.

Further, the location should provide for at least 1/2 mile separation of multi-unit dwelling

developments.”

Sugar Land Votes believes the City of Sugar Land has violated State Property Code, sec 211.004 by ignoring its own adopted Comprehensive Plan in the creation of the Planned Development Zoning District and in the approval of 625 units at the Imperial Development, in the approval of the Imperial Lofts at 257 units and in the approval of the Telfair Lofts at 319 units (400 approved) under the guidelines of that district.

LOCAL GOVERNMENT CODE

TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED

ACTIVITIES

SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY

CHAPTER 211. MUNICIPAL ZONING AUTHORITY

SUBCHAPTER A. GENERAL ZONING REGULATIONS

Sec. 211.004. COMPLIANCE WITH COMPREHENSIVE PLAN. (a) Zoning regulations must be

adopted in accordance with a comprehensive plan and must be designed to:

(1) lessen congestion in the streets;

(2) secure safety from fire, panic, and other dangers;

(3) promote health and the general welfare;

(4) provide adequate light and air;

(5) prevent the overcrowding of land;

(6) avoid undue concentration of population; or

(7) facilitate the adequate provision of transportation, water, sewers, schools, parks, and other

public requirements.

The following statement (excerpt) was recently released by the City of Sugar Land:

Posted on: September 28, 2015

Sugar Land Receives Copy of Petition to Repeal Ordinance

Zoning regulations included in Ordinance 2014 cannot be repealed by petition or referendum. Other

chapters of Sugar Land’s Development Code will be removed if Ordinance No. 2014 is repealed,

including sign regulations and design standards.

A legal review of the petition is underway to determine the full impacts of the petition on Development

Code chapters one, three, four, five and 10 that provide regulations for subdivision and design

standards, street improvements, vested rights, signs and more.

After conferring with legal counsel, Sugar Land Votes feels there is sufficient cause to proceed with the

Petition and potential legal standing based on the newly instituted “Urban Requirements” possibly being

considered “Initial Zoning”, making it subject to referendum. City published statements that Urban

Zoning was used in the Sugar Land Town Square is mis-leading as the Town Square Condos were built

according to the Comprehensive Plan at fewer than 200 units. In addition, it is our position that the

Comprehensive Plan should have been updated prior to the Planned Development District being added

and prior to Ordinance 2014. Only then could the City approve larger than 200 unit projects. We have

been in contact with another Texas City facing a similar situation which may provide the opportunity to

join forces in seeking protection for zoned communities and clarifying the law.

It was the decision of the City to include “Development Code chapters one, three, four, five and 10 that

provide regulations for subdivision and design standards, street improvements, vested rights, signs and

more” in Ordinance 2014 along with the controversial zoning changes. A perplexing decision?

Should the City wish to protect and retain those chapters, they have the ability to do so in several ways.

1) Amend the Development Code Zoning Regulations so they comply with the Comprehensive Plan

in which case the Referendum Petition Committee may choose to withdraw the petition

2) Place two items on the ballot for a vote based on a certified petition submittal

a. Rescind Chapters one, three, four, five and 10

b. Retain Chapters one, three, four, five and 10 and rescind the Planned Development

District

Sugar Land Votes also has concerns regarding the recent developer submittal to build 900 apartment

units at Highway 59 at University within the Tax Increment Reinvestment Zone (TIRZ) 4. According to a

report published by The Texas Real Estate Center, Tierra Grande publication 1736, “In a TIRZ, the taxes

on the increase in property values are set aside to finance public improvements in the zone.”

“School districts in particular have been vocal critics of the TIF (Tax Increment Financing) zones, charging

that they deprive districts of substantial operating funds as growth occurs while simultaneously

requiring them to furnish more services”.

Thus, it appears Fort Bend ISD would be providing services to students of the 900 units while receiving

no initial tax revenue on the increased value above the tax basis. In addition, private development

agreements often provide substantial tax exemptions to developers. So our financially strapped school

districts lose again. But City elected officials have stated they have nothing to do with the schools. The

900 proposed apartments would be built in an area zoned to the top rated Fort Bend ISD Schools which

are already suffering from overcrowding and a broken promise of additional schools that were shown to

be built within Telfair when homeowners were purchasing their homes, but were never built.

Diana Miller,

Sugar Land Votes Spokesperson

713-724-3113

sugarlandvotes@gmail.com