Ord. 2000M-0042 2007-11-26
ORDINANCE NO. 2000M-42
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 20.00 ACRES OF LAND, BEING LOT 45 AND LOT 46, OF THE
ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION,
ABSTRACT 243, H.T. & B.R.R. COMPANY SURVEY, AS RECORDED IN
VOLUME 2, PAGE 23, OF THE PLAT RECORDS OF BRAZORIA
COUNTY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF ZAPALAC ROAD, AND
APPROXIMATELY 1,000 FEET NORTH OF FM 518 (BROADWAY
STREET)), (ZONE CHANGE APPLICATION NO. 2007-14Z), FROM
SUBURBAN RESIDENTIAL - 12 DISTRICT (SR-12) TO PLANNED
DEVELOPMENT DISTRICT (PO), AT THE REQUEST OF BONNIE AND
JANICE HOWARD, APPLICANT FOR JOHN AARON AND KATHRYN
HOWELL, 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, Bonnie and Janice Howard, applicant for John Aaron and Kathryn
Howell, 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 15th day of October, 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
ORDINANCE NO. 2000M-42
WHEREAS, on the 30th day of October, 2007, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Bonnie and Janice Howard,
applicant for John Aaron and Kathryn Howell, owners, whereby the Commission
recommended approval of the change of classification for the described property from
its existing classification of Suburban Residential - 12 District (SR-12) to Planned
Development District (PO), 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 November 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 Bonnie and Janice Howard, applicant for John Aaron and Kathryn
Howell, 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 Suburban Residential _
12 District (SR-12) is hereby zoned to Planned Development District (PO), in
accordance with all conditions and requirements listed in the Planned Development
(PO) Document, also known as Exhibit "E" attached hereto and incorporated for all
purposes, such property being more particularly described as:
Page 2 of 4
Ord No 2000M-42
ORDINANCE NO. 2000M-42
20.00 acres of land, being Lot 45 and Lot 46, of the Allison Richey Gulf Coast
Home Company Subdivision, Abstract 243, H.T. & B.R.R. Company Survey, as
recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, City of
Pearland, Brazoria County, Texas (Generally Located on the East Side of
Zapalac Road, and Approximately 1,000 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
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
Page 3 of 4
Ord No 2000M-42
ORDINANCE NO. 2000M-42
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
November, 2007.
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TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th
day of November, 2007.
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TOM REID
MAYOR
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-42
APPLICATION FOR
A CHANGE IN ZONING
Exhibit" A"
Application
Ordinance No. 2000M-42
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:
Suburban Residential District (SR-12)
Property Infonnation:
PD- ?Ic!..nn{'cl
J)e \f el opmen-t
-:DiStriCT
Proposed Zoning District: . G-e 11 e I C:! i B 1:l-S i 11 e I:j I:j D:i:-s-Ll1. L. L
Address or General Location of Property: 251 9 Z a pal a c R 0 a d
Pearland, Texas 77581
Tax Account No. 166474
Subdivision:
N/A
Lot: N / A
Blocl,: N I A
A Complete
Application
must include
all of this
infonnation:
o
o
III
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, current use
of the property, and the proposed use of the property; if a PO is
requested, see PO Format and Guidelines)
Fee (see Zoning Change Fee Schedule)
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME John & Kathryn Ho\.,rell NAME Bonnie & JA.ni (:p Hm.,rArrt
ADDRESS 2519 Zapalac Road ADDRESS P. O. Box 330350
CITY Pearland STATE.1:.LZlP 77581 CITY Houston STATETX ZIP 77233
PHONE( 2 Ii ] L9..9.1 - 3 6 7 2 PHONE( 7 1 3 ) 80 ') - 7 0 1 6
FAX( ) FAX( )
E-MAIL ADDRESS j ho\vel166@gmail. com 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 City of Pearland.
Owners Signalure~ Ifaflt ~
Agent's Signature: __. .Q ~ _ cg I. ~~
OFFICE USE ONLY:
FEES . I "5 0 0
PAID: cJ..-
Cf\iLW h (j""~
pie Il\UV\l~
CJ-.Sr"-
Date:
Cj /;'110 :;-
q/'~/07
Date:
RECEIVED
BY:
RECEIPT
NUMBER:
--
Application
No. JOQ '7 - / If l::
Exhibit "B"
Location Map
Ordinance No. 2000M-42
\
LOCATION MAP
Zone Change
No. 2007 -14Z
o 200 400 Feet
III II I
N
W+E
S
Map Prepared on September 25, 2007
. AFFIDAVIT OF PUBLICATION
Exhibit "e"
Publications
The Pearl and Reporter N~ws Ordinance No. 2000M-42
2404 South' - Park
Pea~land, Tex~s 775-81 _-
";..
State of Texas,
Brazoria and Harris Counties
1; Uoyi! Morrow, hereby certify that the notice hereby appended was. published
.in THE REPORTER NEWS. a newspaper of general CIrculatiOn in Brazoria; Harris
.l'II1d Gaiveston Counties, for . /issues, as follows: .
No. I' Date 9"2(, 20 .or -
-. No. Date 20
-.
No. Date 20
No. Date - 20
. ./. ..
..
No. Date 20
.~:
- Subscribe ~nd sWom'to before me this j 7
2007
. .
. .~
, Notary Pliblic,- State of Texas
/) ,)OII-!L/7
IX.. J .J--
Published Sept.26 and
Oct. 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.
2007.14Z
Notice is hereby given that
on October 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 con.
duct a joint public hearing
in the Council Chambers of
City Hall, located at 3519
Liberty Drive, Pearland,
Texas, on the request of
Bonnie and Janice
Howard, applicant for John
Aaron and Kathryn Howell,
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
Suburban Residential - 12
District (SR-12) to Planned
Development District (PD),
on the following described
property, to wit:
20.00 acres of land, being
Lot 45 and Lot 46, of the
Allison Richey Gulf Coast
Home Company
Subdivision, Abstract 243,
H.T. & B.R.R. Company
Survey, as recorded in
Volume 2, Page 23, of the
Plat Records of Brazoria
County, City of Pearl and,
Brazoria County, Texas
(Generally Located on the
East Side of Zapalac Road,
and Approximately 1,000
Feet North of FM 518
(Broadway Street))
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on
the subject.
IslTheresa Grahmann
Senior Planner
\
. AFfiDAVIT OF PUBtlCATION
The Pearl and Reporter N~ws
2404 South'Park
Pea~land, Texas 77581
State of Texasl .
Brazoria and Harris Counties
. .
1; Uoyil Morrow, hereby certify that the notice hereby appended was. published
:In ll/EREPORTER NEVils, a n~r of general circulali<in In Brazo~a; Hartis
IlOd Galveston Counties, for . Issues, as follows:
No. J Date I P .. 3... 20fl
.
~
,.
No. Date 20
"
No. Date 20
No. Date. 20
: ..
,.
No. Date .20_
.;:iI.:
~.
. UFO
. Subscribe ~nd swom .to before me this
20{) 7
f
. day of~ (}-i
LAURA ANN EMMONS
0~ . Notary Public, State on'l~~'.,
. .~ ~ ",r. My Commission Expires 09-09- < '.
, . .
. Notary Public, State of Texas
;lOD')-- /LJ/~
Published Sept.26 and
Oct. 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.
2007.14Z
Notice is hereby given that
on October 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 con-
duct a joint public hearing
in the CouncU Chambers of
City Hall, located at 3519
Liberty Drive, Pearland,
Texas, on the request of
Bonnie and Janice
Howard, applicant for John
Aaron and KathrY" Howell,
owners, for an .amendment
to Ordinance No. 2OO0M,
the Zoning Map of tti8 City
of Pearland, for approval of
a change in zoning district
from classification
Suburban Residential - 1 ~
District (SR-12) to Planne,j
Development District (PG!
on the following describe, ,
't
property, to WI '
20.00 acres of land, being
Lot 45 and Lot 46, of the
Allison Richey Gulf Coast
Home Company
Subdivision, Abstract: .\3.
H.T. & B.R.R. Comp< '-'1'/
Survey, as recorded ,it:
Volume 2, Page 23, of t~E'
Plat Records of Brazcria
County, City of PearlancC
Brazoria County, Texas
(Generally Located on the
East Side of Zapalac Roaa
and Approximately 1,00
Feet North of FM 51 e
(Broadway Street)
At said hearing all interest-
ed parties shall have the
right and opportunity Ie
appear and be heard on
the subject.
IslTheresa Grahmann
Senior Planner
Exhibit "0"
Recommendation Letter From P&Z Commission
Ordinance No. 2000M-42
Planning & Zoning Commission
Recommendation Letter
October 30,2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2007-14Z, a request by Bonnie and
Janice Howard, applicant for John Aaron and Kathryn Howell, 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 Suburban
Residential - 12 District (SR-12) to Planned Development District (PO)
Honorable Mayor and City Council Members:
At their regular meeting of October 15, 2007, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Suburban
Residential - 12 District (SR-12) to Planned Development District (PO), on the following
described property:
Legal Description:
20.00 acres of land, being Lot 45 and Lot 46, of the Allison
Richey Gulf Coast Home Company Subdivision, Abstract 243,
H.T. & B.R.R. Company Survey, as recorded in Volume 2, Page
23, of the Plat Records of Brazoria County, City of Pearland,
Brazoria County, Texas
General Location:
Generally Located on the East Side of Zapalac Road, and
Approximately 1,000 Feet North of FM 518 (Broadway Street)
Commission Member Greiner made a motion to recommend approval of the zone
change request, which was seconded by Commission Member Koza. 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