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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(;: - /) ,...- ::):.:; .II I ~Il DI _ - -1 vi ~ \ \ \ 1 ~ \ =---rl j SUBJECT I f-.-i S :n IN ~ C)- r-\ ;= JA A"I~ ~~~~ ~ ~~ ~ - ~~~I ~~ ~,,~ ~ ...._::;:=' I ,~"d~ ~\I1 J I II~~~~ ~' ~C--- -- ~-~ r- r- B \ -I.L..- UK _\ f-1;~C- ,., J j=t-1 \ I \ I _ ;:= r--V~ I-- r--'~ Lm~ I \ ~ '= \ ~ ~ ~ ~1 \ ~ ~ ~ c:( r- - ---. r- - [ - c ~ ;::I ~ po " CO'\ '.) ~~ - " 518) ) BROADWAY S1 r I I \ 1 \ ~ ~ \ L -\ / ~/ ~y J. t= r If I 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