Ord. 2000M-0034 2007-07-09 FAILED
FAILED
7/9/07
ORDINANCE NO. 2000M-34
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 A 5.9136 ACRES OF LAND OUT OF A
CALLED 9.29 ACRE TRACT OF LAND OUT OF THE SOUTH ONE-HALF
OF LOT 30 OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF SECTION 21, H.T. & B.R.R. COMPANY SURVEY,
ABSTRACT 309, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF FITE ROAD, AND
APPROXIMATELY 350 FEET WEST OF CULLEN BOULEVARD), (ZONE
CHANGE APPLICATION NO. 2007-06Z), FROM GENERAL BUSINESS
RETAIL DISTRICT (GB) TO SINGLE FAMILY RESIDENTIAL - 2
DISTRICT (R-2), AT THE REQUEST OF FREEMAN T. AND OLLIE A.
WYCHE, 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, Freeman T. and Ollie A. Wyche, 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 4th day of June, 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 15th day of June, 2007, the Planning and Zoning Commission
ORDINANCE NO. 2000M-34
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Freeman T. and Ollie A. Wyche, owners, whereby
the Commission recommended approval of the change of classification for the
described property from its existing classification of General Business Retail District
(GB) to Single Family Residential - 2 District (R-2), 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 June 25, 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 Freeman T. and Ollie A. Wyche, 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 General Business Retail
District (GB) is hereby zoned to Single Family Residential - 2 District (R-2), such
property being more particularly described as:
5.9136 acres of land out of a called 9.29 acre tract of land out of the south one-
half of Lot 30 of the Allison Richey Gulf Coast Home Company Subdivision of
Section 21, H.T. & B.R.R. Company Survey, Abstract 309, City of Pearland,
Brazoria County, Texas (Generally Located on the North Side of Fite Road, and
Approximately 350 Feet West of Cullen Boulevard)
Page 2 of 4
Ord No 2000M-34
ORDINANCE NO. 2000M-34
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.
PASSED, APPROVED, and ADOPTED on First Reading this 25th day of
Page 3 of 4
Ord No 2000M-34
ORDINANCE NO. 2000M-34
PASSED, APPROVED, and ADOPTED on First Reading this 25th day of
June, 2007.
~C?W~
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
9th day of July, 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-34
ORDINANCE NO. 2000M-34
June, 2007.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
9th day of July, 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-34
Exhibit A
Application
Ordinance No.2000M-34
APP~LICA TION 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: ~~~
Proposed Zoning District: L 0-- ::1 ~ cl ~ \) ~
- ~~\ ~.~\~~-~~~~ ~-..I-..~~
Property Information:
Address or General Location of Property:_ cl C:.\..Ut.L \~~"\ ~~ 'u:.\..~~"- ~~
,~ '-'- ~~~(~} ~ .d.:."-'\ ~\j~<L W--~'\...,\ ~s,. '---~NS0 ~ (:,\ ~~ ~~~\~
~ ~~ ~ c::...'\; "~"'-'0 "\ ~~~ ~ ~ ",\,,"-.. ~"-\.-~ ~~ ~ :s.,-,",,'l..~~ ~ ~ \ ~ ~ ~_~ "\
Tax Account No. [) ~ C"lq nD L\- '-\ , L\ a
Subdivision: \~ /t\ Lot: \~ J ~ Block: \).) I i\
A Complete
Application
must include
all of this
information:
fZl
KI
~
Legal Description and/or Survey of the Property
Fee (see Zoning Change Fee Schedule)
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 PO is
requested, see PO Format and Guidelines)
APPLICANT INFORMATION:
NAME 'b~~,,- ~ ~~~\~ '-', ~-" ~ \~ \ \\.
ADDRESS ~ -
CITY STATE ZIP
PHONE(
FAX(d-.'b \ ) ~~ \ ~~"\~ FAX()
E-MAIL ADDRESS ~~~~ \. ~ \ t;) \ 1.\ ~ ~ \."'\ (_~ \\. ~ .\~ 't.\ E~MAIL ADDRESS
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified De ~t Code ,I he ~ 01 Pearland.
Owner's Signature: ~ _ \' ~
\
PROPERTY OWNER INFORMATION:
NAME'~~~~~ '\ ~ ~\ \\~ \\ ~\..J\:s&-L
ADDRESS ~3~'S ~".s.~<L. ~~t>--~
CITY\~~\t,\~ l:J STATE~ZIP \'\S ~"
PHONE~~\ ) '\,\ \ '-\~ ~ ~
Date:
~\l.?\\)\
Agent's Signature:
Date:
d 9500
RECEIPT
NUMBER:
Application
No. e.OO 7 - 0<.0
Exhibit B
Location Map
Ordinance No. 2000M-34
SUBJECT
PROPERTY
Q
m
z
:g SPRUCE
3:
S
o
CD
LOCATION MAP
o
I
300
I
W+E
S
Zone Change
No. 2007 -06Z
Q
"'0
:xl
m
en
en
:g
:xl
"
CR 91
e
t
I 1
600 Feet
I
Map Prepared on May 1, 2007
Exhibit c
AFFIDAVIT OF PUBlICATlONordin:"~~i~:~i~~~OM-34
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 . I. issues, as follows:
. . .-
-.'!C.
@-~
(~~)~ ~~J~~~')~:~,~St~t~o~r~x~ss
V::\'i-:-:/,/' '~y ('"m'T"<Slor: EX0lr8S 09-09-2010
~,...r... .1\1 V\".;""....~... ,
daYO~
Subscribe and sworn .to before me this :21
201t1-
Laura Ann. Emmons, Publisher
. Notary Public, State of Texas
J(){)'1 - 001- '-
Published May 16 and
May 23, 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.
2007.06Z
Notice is hereby given that
on June 4, 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 Freeman T.
and Ollie A. Wyche, 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 General
Business Retail District (GB)
to Single Family Residential
- 2 District (R-2), on the fol-
lowing described property,
to wit:
5.9136 acres of land out of a
called 9.29 acre tract of land
out of the south one-half of
Lot 30 of the Allison Richey
Gulf Coast Home Company
Subdivision of Section 21,
H,T. & B.R.R. Company
Survey, Abstract 309, City of
Pearland, Brazoria County,
Texas (Generally Located
on the North Side of Fite
Road, and Approximately
350 Feet West of Cullen
Boulevard)
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
I~
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. / Date . ~-: If:, 2007-
No. Date 20
No. Date 20
No. Date 20
No. Date 20
ii!:'
Subscribe and sworn-to before me this /7
day Of~
2007
- Notary Public, State of Texas
20~ "_.('/.1 I 1- () 01 ~ () L:< .~
Published May 16 and
May 23, 2007
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.
2007.06Z
Notice is hereby given that
on June 4, 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 Freeman T.
and Ollie A. Wyche, 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 General
Business Retail District (GB)
to Single Family Residential
- 2 District (R-2), on the fol-
lowing described property,
to wi!:
5.9136 acres of land out of a
called 9.29 acre tract of land
out of the south one-half of
Lot 30 of the Allison Richey
Gulf Coast Home Company
Subdivision of Section 21,
H.T. & B.R.R. Company
Survey, Abstract 309, City of
Pearland, Brazoria County,
Texas (Generally Located
on the North Side of Fite
Road, and Approximately
350 Feet West of Cullen
Boulevard)
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
Exhibit D
Recommendation Letter From P&Z Commission
Ordinance No. 2000M-34
Planning & Zoning Commission
Recommendation Letter
June 15, 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2007~06Z, a request by Freeman T. and
Ollie A. Wyche, 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 General Business Retail District (GB) to Single Family Residential - 2
District (R-2)
Honorable Mayor and City Council Members:
At their regular meeting of June 4, 2007, the Planning and Zoning Commission considered
the request for a change in zoning district from classification General Business Retail
District (GB) to Single Family Residential- 2 District (R-2), on the following property:
Legal Description: 5.9136 acres of land out of a called 9.29 acre tract of land out of the
south one-half of Lot 30 of the Allison Richey Gulf Coast Home
Company Subdivision of Section 21, H.T. & B.R.R. Company Survey,
Abstract 309, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the North Side of Fite Road, and Approximately
350 Feet West of Cullen Boulevard
Commission Member Koza made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Sherrouse. 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