Ord. 2000M-0028 2007-02-12 FAILED
FAILED
2/12/07
ORDINANCE NO. 2000M-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF
THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION
BEING 33.29 ACRES TOTAL; BEING 13.28 ACRES OF LAND, BEING A
PART OF LOTS 45 AND 55 OF THE ALLISON-RICHEY GULF COAST
HOME COMPANY SUBDIVISION IN THE H.T. & B.R.R. COMPANY
SURVEY, SECTION 85, ABSTRACT 304, ACCORDING TO THE PLAT
RECORDED IN VOLUME 2, PAGE 107, OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS; AND 10.009 ACRES OF LAND BEING ALL
OF LOT 57 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY
SUBDIVISION, SECTION 85, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 304, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 2, PAGE 107 AND 108, OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS; AND 10.0018 ACRES OF LAND, BEING
LOT 56 OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SURVEY SUBDIVISION AS RECORDED IN VOLUME 2, PAGE 23, OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, AND LOCATED
IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON
THE EAST SIDE OF MILLER RANCH ROAD, AND APPROXIMATELY
2,300 FEET NORTH OF FM 518 (BROADWAY STREET)), (ZONE
CHANGE APPLICATION NO. 2006-35Z), FROM SINGLE FAMILY
RESIDENTIAL - 1 DISTRICT (R-1) TO SINGLE FAMILY RESIDENTIAL - 3
DISTRICT (R-3), AT THE REQUEST OF KAREN AND GEORGE RITCHEY,
OWNERS, PROVIDING FOR AN AMENDMENT OF THE ZONING
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED
TO THE SUBJECT.
WHEREAS, Karen and George Ritchey, owners, filed on November 13, 2006, an
application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for
approval of a change in the zoning district, 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 more graphically depicted in the location map attached
hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 15th day of January, 2007, a Joint Public Hearing was held
ORDINANCE NO. 2000M-28
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 hereto and made a part hereof for all
purposes as Exhibit "C", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 1st day of February, 2007, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Karen and George Ritchey, owners,
whereby the Commission recommended denial of the change of classification for the
described property from its existing classification of Single Family Residential - 1
District (R-1) to Single Family Residential - 3 District (R-3), said recommendation
attached hereto and made a part hereof for all purposes as Exhibit "0"; 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 12, 2007; 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 Karen and George Ritchey, owners, 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:
Section I. The following described property located within the corporate City
limits of the City of Pearland, Texas, and presently classified as Single Family
Residential - 1 District (R-1) is hereby zoned to Single Family Residential - 3 District
(R-3), such property being more particularly described as:
Page 2 of 4
Ord No 2000M-28
ORDINANCE NO. 2000M-28
33.29 acres total; being 13.28 acres of land, being a part of Lots 45 and 55 of
the Allison-Richey Gulf Coast Home Company Subdivision in the H.T. & B.R.R.
Company Survey, Section 85, Abstract 304, according to the plat recorded in
Volume 2, Page 107, of the Plat Records of Brazoria County, Texas; and 10.009
acres of land being all of Lot 57 of the Allison-Richey Gulf Coast Home Company
Subdivision, Section 85, H.T. & B.R.R. Company Survey, Abstract 304,
according to the plat thereof recorded in Volume 2, Page 107 and 108, of the
Plat Records of Brazoria County, Texas; and 10.0018 acres of land, being Lot 56
of the Allison Richey Gulf Coast Home Company Survey Subdivision as
recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas,
and located in the H.T. & B.R.R. Company Survey, Abstract 304, City of
Pearland, Brazoria County, Texas (Generally Located on the East Side of Miller
Ranch Road, and Approximately 2,300 Feet North of FM 518 (Broadway Street))
Section 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.
Section 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.
Section 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.
Section 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
Page 3 of 4
Ord No 2000M-28
ORDINANCE NO. 2000M-28
benefit of the City.
Section VI. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000- T and consistent with the approval herein
granted for the reclassification of the herein above described property.
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 1 ih day of
February, 2007.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
26th day of February, 2007.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-28
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Current Zoning District: K- \
Proposed Zoning District: 'R.~ --R"3 (11- i?:> .u 10)
Property Information:
Address or General Location of Property: (G Jj)+.:) '-1'5' ~5S "3. d~ ~Yes Ck K~ :J.de q 8. - D 0\9;:)'80
fci) 4+-M
(3) J.-ot 51o
Tax Account NoG) O~J 4 0040 000
@ 0304 ro~l OX)
~ 030t.1 0042{)CO
Subdivision:
A liSDn !ZI~~
/
Ell Fee (see Zoning Change Fee Schedule)
~ Legal Description and/or Survey of the Property
ri
Lot:
Block:
A Complete
Application
must include
all of this
information:
Letter Explaining the Zoning Change Request in detail (specify the
existing zoning and why the zone change is being requested, current use
of the property, and the proposed use of the property; if a PD is
requested, see PD Format and Guidelines)
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME ~Ye ~ GeoY" CJ2' ~ NAME ~YY1e
ADDRESS ~ 3 '1Y); ADDRESS
CITy:g '( STATE(Y. CITY STATE ZIP
PHONE( I \.3 ) 46~ O0C't,3 PHONE(
FAX( 113 ) 43(,-'fl8D FAX(
E-MAIL ADDRESS E-MAIL ADDRESS
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code of the Cit f I?ear 'Al.u.:
Owner's Signature: ,~/ ~ ( Date: .0 10/ ~~,1 () to
Agent's Signature:
Date:
OFFICE USE ONLY:
FEES
PAID: If
RECEIVED
BY:
RECEIPT
NUMBER:
Application
No. dO 0(;: -
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LOCATION MAP
Zone Change
No. 2006-35Z
W+E
S
o 200 400 Feet
I I I II I
Map Prepared on January 2, 2007
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 775-81
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. t Date 1/-1 2000
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 a;,
~..
. Notary Public, State of Texas
tDVli C V'U-.VL}t. )c CI:!JS 'L
Published Nov. 1 and
Nov. 8, 2006
NOTICE OF A JOINT PUB.
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2006.35Z
Notice is hereby given that
on November 20, 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,
iocated at 3519 Liberty
Drive, Pearland, Texas, ort
the request of Karen and
George Ritchey, owners, for
an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Pearland, for approval of a
change in zoning district
from classification Single
Family Residential - 1
District (R-1) to Single
Family Residential - 2
District (R-2), on the follow-
ing described property, to
wit:
33.29 acres total; being
13.28 acres of land, being a
part of Lots 45 and 55 of tM
Allison-Richey Gulf Coast
Home Company Subdivision
in the H T. & B.R.R.
Company Survey, Section
85, Abstract 304, according
to the plat recorded in
! I
LEGALS
Volume 2, Page 107, of the
Plat Records of Brazoria
County, Texas; and 10.009
acres of land being all of Lot
57 of the Allison-Richey Gulf
Coast Home Company
Subdivision, Section 85,
H.T. & B.R.R. Company
Survey, Abstract 304,
according to the plat thereof
recorded in Volume 2, Page
107 and 108, of the Plat
Records of Brazoria County,
Texas; and 10.0018 acres of
land, being Lot 56 of the
Allison Richey Gulf Coast
Home Company Survey
Subdivision as recorded in
Volume 2, Page 23, of the
Plat Records of Brazoria
County, Texas, and located
in the H.T. & BRR.
Company Survey, Abstract
304, City of Pearland,
Brazoria County, Texas
(Generally Located on the
East Side of Miller Ranch
Road, and Approximately
2,300 Feet North of FM 518
(Broadway Street))
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Isl Theresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICAa-IUN
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 ci'rculation in Brazoria, Harris
and Galveston Counties, for J issues, as follows:
, /
No. J Date 1./-8 20 oro
No. Date 20
No. Date 20
No. Date 20
No. Date 20
-oi
~ !
Subscribe and sworn to before me this
, 200ft
q
day of .1J()(Y
,,;
c.-i.
Notary Public, State of Texas
Z Ol 1 " C I .' " "~I <' ')' (" , ~! / J... c ...,
. \ i.L. . V \;"..tv l " \.._ ", ". '" :.; ~ '--
Notice is hereby given that
on November 20, 2006, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Peartand, in Brazoria, Hams
and Fort Bend Counties
Texas, will conduct a joini
public hearing in the Council
Chambers of City Hall,
located at 3519 Liberty
Drive, Peartand, Texas, on
the request of Karen and
George Ritchey, owners, for
an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Peartand, for approval of a
change in zoning district
from classification Single
Family Residential - 1
District (R-1) to Single
Family Residential - 2
District (R-2), on the follow-
ing described property, to
wit:
33.29 acres total; being
13.28 acres of land, being a
part of Lots 45 and 55 of the
Allison-Richey Gulf Coast
Home Company Subdivision
in the H.T. & B.R.R.
Company Survey, Section
85, Abstract 304, according
to the plat recorded in
Volume 2, Page 107, of the
Plat Records of Brazoria
County, Texas; and 10.009
acres of land being all of Lot
57 of the Allison-Richey Gulf
Coast Home Company
Subdivision, Section 85,
H.T. & B.R.R. Company
Survey, Abstract 304,
according to the plat thereof
recorded in Volume 2, Page
107 and 108, of the Plat
Records of Brazoria County,
Texas; and 10.0018 acres of
land, being Lot 56 of the
Allison Richey Gulf Coast
Home Company Survey
Subdivision as recorded in
Volume 2, Page 23, of the
Plat Records of Brazoria
County, Texas, and located
in the H.T. & B.R.R.
Company Survey, Abstract
304, City of Pearland,
Brazoria County, Texas
(Generally Located on the
East Side of Miller Ranch
Road, and ApprOXimately
2,300 Feet North of FM 518
(Broadway Street))
Published Nov. 1 and
Nov. 8, 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.
2006-35Z
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Is! Theresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICATION
The Pearl and 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
ii'
in THE REPORTER NEWS, a newspaper of general ci'rculation in Brazoria, Harris
and Galveston Counties, for ( issues, as follows:
No. 1 Date /.1').7 20 00
,
No. Date 20
No. Date 20
No. Date 20
No. Date 20
'"
Subscribe and sworn to before me this 2 g
.20 0&
day of AC'
iMJJ (ly--
Laura Ann Emmons, Publisher
Notary Public, State of Texas
'7"" ; 1,- I, ; -r
! II i i y '. 'i ," L-.
s.--- \,.- ' '....... '.~ .1
Published Dec. 27 and
Jan. 3,2006
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.
2006-35Z
Notice is hereby given that
on January 15, 2007, 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 Karen and
George Ritchey, owners, for
an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Pearland, for approval of a
change in zoning district
from classification Single
Family Residential - 1
District (R-1) to Single
Family Residential - 3
District (R-3), on the follow-
ing described property, to
wit:
Road, and Approximately
2,300 Feet North of FM 518
(Broadway Street))
33.29 acres total; being
13.28 acres of land, being a
part of Lots 45 and 55 of the
Allison-Richey Gulf Coast
Home Company Subdivision
in the H.T. & BRR.
Company Survey, Section
85, Abstract 304, according
to the plat recorded in
Volume 2, Page 107, of the
Plat Records of Brazoria
County, Texas; and 10.009
acres of land being all of Lot
57 of the Allison-Richey Gulf
Coast Home Company
Subdivision, Section 85,
H.T. & B.R.R. Company
Survey, Abstract 304,
according to the plat thereof
recorded in Volume 2, Page
107 and 108, of the Plat
Records of Brazoria County,
Texas; and 10.0018 acres of
land, being Lot 56 of the
Allison Richey Gulf Coast
Home Company Survey
Subdivision as recorded in
Volume 2, Page 23, of the
Plat Records of Brazoria
County, Texas, and located
in the H.T. & B.R.R.
Company Survey, Abstract
304, City of Pearland,
Brazoria County, Texas
(Generally Located on the
East Side of Miller Ranch
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Isl Theresa Grahmann
Senior Planner
AFFIDAVIT OF" PUBLICATION
The Pearl and 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 ci'rculation in Brazoria, Harris
and Galveston Counties, for I issues, as follows:
No. I Date /~3 20 01
No. Date 20
No. Date 20
~
No. Date 20
No. Date 20
-,f>
Subscribe and sworn to before me this
" 2007
1-
day of Ja;J . ·
o -
!t(}db ~/
Laura Ann Emmons, Publisher
Notary Public, State of Texas
/"1' " '.' - I' --,(
,~.-- \.) I './ '.' t <.,t~. -r-;' ..
I
/}, (.-J () Zc; -- ~;) ~~ z
LEGALS
33.29 acres total; being
13.28 acres of land, being a
part of Lots 45 and 55 of the
Allison-Richey Gulf Coast
Home Company Subdivision
in the H.T. & B.R.R.
Company Survey, Section
85, Abstract 304, according
to the plat recorded in
Volume 2, Page 107, of the
Plat Records of Brazoria
County, Texas; and 10.009
acres of land being all of Lot
57 of the Allison-Richey Gulf
Coast Home Company
Subdivision, Section 85,
H.T. & B.R.R. Company
Survey, Abstract 304,
according to the plat thereof
recorded in Volume 2, Page
107 and 108, of the Plat
Records of Brazoria County,
Texas; and 10.0018 acres of
land, being Lot 56 of the
Allison Richey Gulf Coast
Home Company Survey
Subdivision as recorded in
Volume 2, Page 23, of the
Plat Records of Brazoria
County, Texas, and located
in the H. T. & B.R.R.
Company Survey, Abstract
304, City of Pearland,
Brazoria County, Texas
(Generally Located on the
East Side of Miller Ranch
Road, and Approximately
2,300 Feet North of FM 518
(Broadway Street))
Published Dec. 27 and
Jan. 3,2007
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2006-35Z
Notice is hereby given that
on January 15, 2007, 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 Karen and
George Ritchey, owners, for
an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Pearland, for approval of a
change in zoning district
from classification Single
Family Residential - 1
District (R-1) to Single
Family Residential - 3
District (R-3), on the follow-
ing described property, to
wit:
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Isl Theresa Grahmann
Senior Planner
Planning & Zoning Commission
February 1, 2007
Recommendation Letter
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2006-35Z, a request by Karen and George
Ritchey, owners, for an amendment to Ordinance No. 2000M, the Zoning Map of the
City of Pearland, for approval of a change in zoning district from classification Single
Family Residential - 1 District (R-1) to Single Family Residential - 3 District (R-3)
Honorable Mayor and City Council Members:
At their regular meeting of January 15, 2007, the Planning and Zoning Commission considered
the request for a change in zoning district from classification Single Family Residential - 1
District (R-1) to Single Family Residential - 3 District (R-3), on the following property:
Legal Description:
General Location:
33.29 acres total; being 13.28 acres of land, being a part of Lots 45 and
55 of the Allison-Richey Gulf Coast Home Company Subdivision in the
H.T. & B.R.R. Company Survey, Section 85, Abstract 304, according to
the plat recorded in Volume 2, Page 107, of the Plat Records of Brazoria
County, Texas; and 10.009 acres of land being all of Lot 57 of the
Allison-Richey Gulf Coast Home Company Subdivision, Section 85, H.T.
& B.R.R. Company Survey, Abstract 304, according to the plat thereof
recorded in Volume 2, Page 107 and 108, of the Plat Records of
Brazoria County, Texas; and 10.0018 acres of land, being Lot 56 of the
Allison Richey Gulf Coast Home Company Survey Subdivision as
recorded in Volume 2, Page 23, of the Plat Records of Brazoria County,
Texas, and located in the H.T. & B.R.R. Company Survey, Abstract 304,
City of Pearland, Brazoria County, Texas
Generally Located on the East Side of Miller Ranch Road, and
Approximately 2,300 Feet North of FM 518 (Broadway Street)
Commission Member Sherrouse made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Diggs. The motion to approve failed 0 -
6. The zone change was recommended for denial by the Planning and Zoning Commission.
Page 1 of 2
The Planning and Zoning Commission stated the following as their reasons for the denial of the
zone change request:
1. The proposed zone change to R-3 does not conform to the Comprehensive Plan
designation of the subject property for "Low Density Residential" uses.
2. The proposed zone change for R-3 is inconsistent and incompatible with existing R-1
residential districts and surrounding single family residential land uses that are on larger
lots within the subject area.
3. The subdivision to the north is zoned as SR-12 with lots that are approximately 12,000
square feet in size, and some of the surrounding lots within Sunrise Lakes and Autumn
Lakes are platted with lots that are larger than 8,000 square feet.
4. The proposed zone change to R-3 provides for an increase in density, and the subject
property is capable of being developed with R-1 size lots rather than R-3.
5. The proposed zone change would be an "upzoning" and would set a precedent for the
future.
Sincerely,
Planning and Zoning Commission
Page 2 of 2