Ord. 2000M-0031 2007-03-26
ORDINANCE NO. 2000M-31
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 5.00 ACRES OF LAND, MORE OR LESS, BEING THE EAST 5.00
ACRES OF LOT 56 OF THE ALLISON RICHEY GULF COAST COMPANY
SUBURBAN GARDENS SUBDIVISION OF SECTION 80, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 564, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE PLAT AS RECORDED IN VOLUME 2, PAGE 98,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH
SIDE OF COUNTY ROAD 59, AND ON THE WEST SIDE OF FUTURE
KIRBY DRIVE), (ZONE CHANGE APPLICATION NO. 2007-02Z), FROM
SINGLE FAMILY ESTATE DISTRICT (RE) TO NEIGHBORHOOD SERVICE
DISTRICT (NS), AT THE REQUEST OF JULIO LYBRAND, APPLICANT
FOR JAMES AND DEBORA BAILEY, 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, Julio Lybrand, applicant for James and Debora Bailey, owners, filed
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 19th day of February, 2007, 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 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 March, 2007, the Planning and Zoning Commission
ORDINANCE NO. 2000M-31
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Julio Lybrand, applicant for James and Debora
Bailey, owners, whereby the Commission recommended approval of the change of
classification for the described property from its existing classification of Single Family
Estate District (RE) to Neighborhood Service District (NS), said recommendation
attached hereto and made a part hereof for all purposes as Exhibit "D"; 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 March 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 Julio Lybrand, applicant for James and Debora Bailey, 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 Estate
District (RE) is hereby zoned to Neighborhood Service District (NS), such property
being more particularly described as:
5.00 acres of land, more or less, being the east 5.00 acres of Lot 56 of the
Allison Richey Gulf Coast Company Suburban Gardens Subdivision of Section
80, H.T. & B.R.R. Company Survey, Abstract 564, Brazoria County, Texas,
according to the plat as recorded in Volume 2, Page 98, Plat Records of Brazoria
County, Texas, City of Pearland, Brazoria County, Texas (Generally Located on
the North Side of County Road 59, and on the West Side of future Kirby Drive)
Page 2 of 4
Ord No 2000M-31
ORDINANCE NO. 2000M-31
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
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.
Page 3 of 4
Ord No 2000M-31
ORDINANCE NO. 2000M-31
PASSED, APPROVED, and ADOPTED on First Reading this 1ih day of
March, 2007.
~~J?w
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
26th day of March, 2007.
,~ )~ J..~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
(J~~
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-31
JRN-18-2007 03:23 FRDM:LYBRRND RND CRRTER 7139650089
Exhibit "A"
Application 2000M-31
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APPLICATION FOR.
A CHANGE IN ZONING
City of Pearland
Commufllty Devolopment
...., . 3523-Uberty Drive
(Community Canter)
Pearland, Toxas 77581
281-652-'768
281-652-1702 fax
WWW.cltyofpearland.com
"Re"
Current Zoning District: .sU BtJ~~ R.E:SlfjllA! nAi-
Proposed Zoning District: (5) ^,EI61+e()fUi-o{)~ LC,S!<J/,CZ 1>1671<. L~
Property Information:
Address or General Location of Property: ~6 'IS" CR.. S7f ; p~~ T,X .."n'f
Tax Account No.
Subdivision:
Lot:
Block:
A Complete
Application
must Include
all of this
Information:
o
o
o
Fee (see ZonIng Change Fee Schedule)
Legal Description and/or Survey of the Property
Letter explaining the Zoning Change Request In detail (specify the
existing zoning and why the zone change Is being requested, ourrent use
of the property, and. .the proposed use of the property; If a PO Is
requested, see PO Format and Guidelines)
PROPERTY OWNf:iR INFORMATION: APPUCANT INFORMATION:
NAME o.IltI!1ES 0#- DEAn,l/+ &-ILL-Y NAMe :J7JtJp t...YAiUhV,.h
ADDRESS U-IJS' ~"'1 . ADDRESS '1.5'"#6 Jp.~/CAk flLIkE.../JiL ~ 2;lS-
CITY ~kV^ STATe~ZIP 77nl/ CITY fl..e;usJ7MJ STATE 7X ZIP 770;/'7
PHONEL2.L.?>-> ~11f- ~$:"~.,? PHONE! 713.) ~ 7/... dt-9o .
FAX( ) FAX! 7/3 ) C?6.~ - Qo :::U::-
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 Develop ent Code of the City of Pearland.
V
Date; l~q~1
Date: I 2.2. b 7
RECEIVEO J
BY: -v
RECEIP'T
NUMBER:
Nfl
Appl1catlon
No. () () '7 - 0 {A
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JAN-18-2007 THU 03:50 PM 7139650089
p, 02
Exhibit "B"
Location Map 2000M-31
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LOCATION MAP
Zone Change
No. 2007 -02Z
W+E
5
o 300 600 Feet
I I I I I I
Map Prepared on January 30, 2007
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 circulation in Brazoria, Harris
and Galveston Counties, for I issues, as follows:
Subscribe and sworn to before me this
20 (Q {I
s(
day of ~r-1
Notary Public, State of Texas
i"\':1~':::':r,:,.,w;,:r
~ "~
to n e, ~. hUlCA.( t1" ~1 V"I}
..J [..0t t-' \ L
Published Jan. 31 and
Feb. 7,2007
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.
2007-C12Z
Notice is hereby given that
on February 19, 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 Julio Lybrand,
applicant for James and
Debora Bailey, 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 Estate District (RE)
to Neighborhood Service
District (NS), on the follow-
ing described property, to
wit:
5.00 acres of land, more or
less, being the east 5.00
acres of Lot 56 of the Allison
Richey Gulf Coast Company
Suburban Gardens
Subdivision of Section 80,
H.T. & B.R.R. Company
Survey, Abstract 564,
Brazoria County, Texas,
according to the plat as
recorded in Volume 2, Page
98, Plat Records of Brazoria
County, Texas, City of
Pearland, Brazoria County,
Texas (Generally Located
on the North Side of County
Road 59, and on the West
Side of future Kirby Drive)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
/sfTheresa Grahmann
AFFIDAVIT OF PUBLICATION
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
.. '''''II'.
in THE REPORTER NEWS, a newspaper of general ci'rculation in BraZoria, Harris
and Galveston Counties, for / issues, as follows:
. .
.."
Subscribe and sworn to
day of
ib
. 20tO 7
aura Ann Emmons, Publisher
Notary Public, State of Texas
2-cl, \ c ... ! r t '<. lOt l- 01.1:-
Published Jan. 31 and
Feb. 7,2007
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.
2007-l12Z
Notice is hereby given that
on February 19, 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 Julio Lybrand,
applicant for James and
Debora Bailey, 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 Estate District (RE)
to Neighborhood Service
District (NS), on the follow-
ing described property, to
wit:
recorded in Volume 2, Page
98, Plat Records of Brazoria
County,. Texas, City of
Pearland, Brazoria County,
Texas (Generally Located
on the North Side of County
Road 59, and on the West
Side of future Kirby Drive)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
IslTheresa Grahmann
Senior Planner
5.00 acres of land, more or
less, being the east 5.00
acres of Lot 56 of the Allison
Richey Gulf Coast Company
Suburban Gardens
Subdivision of Section 80
H.T. & B.R.R. Compan~
Survey, Abstract 564,
Brazoria County, Texas,
according to the plat as
Exhibit "0"
Recommendation 2000M-31
Planning & Zoning Commission
Recommendation Letter
March 1, 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2007-02Z, a request by Julio Lybrand,
applicant for James and Debora Bailey, 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 Estate District (RE) to
Neighborhood Service District (NS)
Honorable Mayor and City Council Members:
At a special meeting of February 26, 2007, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Single Family
Estate District (RE) to Neighborhood Service District (NS), on the following property:
Legal Description: 5.00 acres of land, more or less, being the east 5.00 acres of Lot
56 of the Allison Richey Gulf Coast Company Suburban Gardens
Subdivision of Section 80, H.T. & B.R.R. Company Survey,
Abstract 564, Brazoria County, Texas, according to the plat as
recorded in Volume 2, Page 98, Plat Records of Brazoria County,
Texas, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the North Side of County Road 59, and on
the West Side of future Kirby Drive
Commission Member Greiner made a motion to recommend approval of the zone
change request, which was seconded by Commission Member West. The motion to
approve passed 7 - O. The zone change was recommended for approval by the
Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Page 1 of 1
AFFIDAVIT OF PUBLICA
TION
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 circulation in Brazoria;
and Galveston Counties, for a, Harris
/� issues, as follows:
No. �--_ Date ,j-/f4 20
a_z_.
No. . Date • • 20
No. Date 20
No. Date 20
No. Date . 20
Ihs
9 .' ,41.i.r!ffnalzcAL
CFO
Gr ``� oCs6�a�,010
e;, Q�c.State 09'g, • :;
Subscribe and sworn to befor ,; , a , ., �e". .� s�o� �` •: •.'.
20 ®� ��co
day o/
:
• 4TF Ot :.i�.J
.!
•
Laura Ann.Emmons, Publisher
Notary Public, State of Texas
Published March 14 na d
i March 21,2007
l NOTICE OF A JOINT PUB-
' LIC HEARING OF THE
CITY COUNCIL AND THE i
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND, ,
TEXAS
ZONE CHANGE NO. ,
2007-04Z
Notice is hereby given that,
on April:2, 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,
r 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 Julio Lybrand, ,
applicant for 288 and 59 II, 1
Ltd., owner,for an amend-
I ment to Ordinance No.
1 2000M, the Zoning Map of f
the City:of Pearland, for' ,
approval of a change in zon-,
ing district-from classifica-
,lion Business Park District—1
288 (BP-288) to Planned
Development District (PD),
on the following described
property,to wit:
140.56 acres of land total;
being 20.62 acres of land,
f being a part of Lots 39 and
40;9.99 acres of land,being•
a part of Lots 49 and 50;and
9.95 acres of land,known as
Lot 38; all of the Allison
Richey Gulf Coast Home
Company's - Part ' of •
Suburban Gardens
Subdivision, in the H.T. &
B.R.R. Company Survey,
Section 81, Abstract 300,
according to the plat record-
ed in Volume 2, Page 98
'Plat Records of Brazoria
I County, Texas, City of
Pearland, Braioria County,
Texas(Generally Located at
the Northwest Corner of
State Highway 288, and
County Road 59)
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 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 news/paper of general circulation in Brazoria,l larris
and Galveston Counties, for issues, as follows:
No. / _ Date 3--2/ 20 07
No: Date • 20
No. Date 20
• No. Date 20
No. Date 20
4/072,2,0.0
CFO
Subscribe and sworn to before me this Z Z day of
20 r • :^...A
0 149 (AURA A� ,;if
ONS
Texas
_4, 4, Notary Public :.i•y�:.- :1��,
'1/4 +r My comossi.1 'x� 0 �,.
,rFo..t .::...,.. � mmons, Publisher
Notary Public, State of Texas
•
Published March 14 and
March 21,2007
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.
2007.04Z
Notice'is hereby given that I J
on April 2, 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,i
Texas, will conduct a jdint
public hearing in the Council,
Chambers of City Hall,•
located at 3519 Liberty;
Drive, Pearland, Texas, on
the request of Julio Lybrand, parties shall have the right 1
applicant for 288 and 59 II,! '--and opportunity to appear
Ltd., owner, for an amend-, ! and be heard on the subject.
• ment to Ordinance No. ,
2000M, the Zoning Map of Isl Theresa Grahmann
the City of Pearland, for i Senior Planner --J
approval of a change in zon- ----
I ing district from classifica-
• tion Business Park District—
• 288 (RP-288) to Planned
Development District (PD),
on the following described
. • property,to wit
40.56 acres of land'total;
being.20.62 acres of land,
being a part of Lots 39 and
40;9.99 acres;of land,being
a part of Lots 49 and 50;and
j 9.95 acres of land,known as
Lot 38; all of the Allison
Richey Gulf Coast Home •
Company's _ Part of
Suburban, • Gardens '
Subdivision, in the:H.T. &
B.R.R. Company Survey,
Section 81, Abstract 300,
according to the plat record- '
ed in Volume 2, Page 98
Plat Records of Brazoria •
' County, Texas; City of
- Pearland, Brazoria County,
Texas(Generally Located at
the Northwest Corner of
• State Highway 288 and
- County Road 59)
At said hearing all interested
1
_ _ ., _w__