Ord. 2000M-0076 2011-04-25ORDINANCE NO. 2000M -76
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 LOT
ONE (1) OF WORRELL ADDITION, BEING A 6.8651 ACRE TRACT OUT OF
THE T.D. YOAKUM SURVEY ABSTRACT 399 AND ACH B SURVEY
ABSTRACT 147, PEARLAND, BRAZORIA COUNTY, TEXAS. LOCATED AT
2801 JOHN LIZER, PEARLAND, TEXAS, (ZONE CHANGE APPLICATION NO.
2011 -03Z), A REQUEST OF BURT H. CHRISMAN, JR., OWNER AND
APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM THE
NEIGHBORHOOD SERVICE (NS) ZONE, TO SINGLE FAMILY RESIDENTIAL -2
(R -2) ZONE FOR APPROXIMATELY 6.8 ACRES ON THE FOLLOWING
DESCRIBED PROPERTY, 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, Burt H. Chrisman, Jr. applicant and owner, filed an application for
amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a
change in the zoning district from Neighborhood Service (NS) to Single Family
Residential -2 (R -2) 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 vicinity map attached hereto and made a part hereof for
all purposes as Exhibit "B and
WHEREAS, on the 21 day of March, 2011, 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 -76
WHEREAS, on the 21 day of March, 2011, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed zone change application by Burt H. Chrisman, Jr. applicant and
owner, whereby the Commission recommended approval of the change of classification
for the described property from its existing classification of Neighborhood Service (NS)
to Single Family Residential -2 (R -2), 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, City Council considered this application and the recommendation of the
Planning and Zoning Commission at a regular meeting on the 11 day of April, 2011;
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 Burt H. Chrisman, Jr., applicant and owner, 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 Neighborhood Service
(NS) to Single Family Residential -2 (R -2), in accordance with all conditions and
requirements of the current Unified Development Code and incorporated for all
purposes, such property being more particularly described as:
Page 2 of 5
Ord No 2000M -76
ORDINANCE NO. 2000M -76
Lot one (1) of Worrell Addition, being a 6.8651 acre tract out of
the T.D. Yoakum survey abstract 399 and ACH B survey abstract 147,
Pearland, Brazoria County, Texas.
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.
Page 3of5
Ord No 2000M -76
ORDINANCE NO. 2000M -76
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 11" day of April,
2011.
ATTEST:
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25
day of April, 2011.
R NG,
Y S r RETARY
c=,\,,,, V‘- a
TOM REID
MAYOR
TO ID
MAYOR
owl V
Page 4 of 5
Ord No 2000M -76
ORDINANCE NO. 2000M -76
APPROVED AS TO FORM:
D RRIN M. COKER
CITY ATTORNEY
Page 5 of 5
Ord No 2000M -76
Current Zoning District: N .S
ZONE CHANGE APPLICATION Page 1 of 4 Updated April 2010)
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281 -652 -1768
281- 652 -1702 fax
www.cityofpearland.com
APPLICATION FOR
A CHANGE IN ZONING
Exhibit "A"
Application
Ordinance No. 2000M -76
Proposed Zoning District: e
Property Information:
Address or General Location of Property: 10 ci h PJ
1 3 4? 6.1 S c5f
Tax Account No. 1 1 e I
Subdivision: (Al 0 7 t t /4 r Fr 04 c I Lot: 1 Block: 1
Agent's /Applicant's
Signature:
OFFICE USE ONLY:
FEES 1�
PAID: OJ
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME 1 RIRxy .1 f
ADDRESS .1. o To k x! 4 12 0 4
CITYRar -Ia v[ STATE i X ZIP 77 3
PHONE( 2-6( 6/S -263
FAX(
E -MAIL ADDRESS be &d f sc yk, t i +ve
*Property owner must be the current owner of the property at the time of submittal of the application, and not the party
that has the property under contract.
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 Pearlan
Owner's Signature: .3,c t_A) £��uf1■x4 c t_
DATE
PAID:
RECEIVED
BY:
APPLICANT /AGENT INFORMATION:
NAME I1cL i2_1" fr. CAR, 5m n u
ADDRESS AEI( ;Sa6xKl 2 4r-
CITY A—r-lQAIA STATE Ti t ZIP 77S
PHONE(2 e (S G• 3 r
FAX(
E -MAIL ADDRESS he 3-8c .61-Pr
Date:
Date: A-1/51/4/
RECEIPT
NUMBER:
Application No.
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Vicinity Map Pearland, TX
February 16, 2011
Pearland Planning and Zoning Commission
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Commissioners:
We are requesting that the zoning of our property located at 2801 John Lizer be changed
from Neighborhood Services to Single Family Residential -2. Somehow our property has
gotten comingled with the adjoining 20 acres in the eyes of the City, and the zoning has
been changed to NS (without any request from us) with the different proposed uses of
that adjoining property. We would like for our property to be restored to residential so
that we may refinance our mortgage, rebuild our home in the event of a disaster, or sell
the property as a residence. Currently, with the NS zoning, lending institutions are not
inclined to refinance our note or grant financing to prospective purchasers. We have no
plans for alternative uses of our site other than how we have used it to accommodate us
and our horses since we purchased it in 1993.
We would appreciate your expeditious consideration and approval of this request.
Respectfully,
Burt Chrisman
Bonnie Chrisman
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*Letter of Intent is not required for a PD.
ZONE CHANGE APPLICATION Page 2 of 4 Updated April 2010)
APPLICATION CHECKLIST FOR THE FOLLOWING
Zone Changes
Planned Development Districts (PD
i! Application, filled out completely, and signed by the owner of the property to be
considered for the conditional use permit.
If the applicant is the designated agent, the application shall include a written
statement from the property owner authorizing the agent to file the application on his
behalf. Section 1.2.1.1 (a) of the Unified Development Code.
["1 Metes and Bounds Description, (Survey, or a Plat of the property that provides or
contains the metes and bounds description).
Parcel map, printed from the City of Pearland website, indicating the location and
boundaries of the subject property.
[Letter of Intent, explaining the zone change request in detail and why the zoning is being
requested to be changed, and state the uses being proposed
Application fee, as determined below, by cash, check made payable to the City of
Pearland, or credit card (Visa and MasterCard only)
Zero (0) to Tess than 25 acres:
c 250.00, plus $25.00 per each type of zoning district requested; or
o 400.00 if requesting a Planned Development (PD)
25 to Tess than 50 acres:
o 300.00, plus $25.00 per each type of zoning district requested; or
o 450.00 if requesting a Planned Development (PD)
50 to less than 75 acres:
c 350.00, plus $25.00 per each type of zoning district requested; or
o 500.00 if requesting a Planned Development (PD)
75 to less than 100 acres:
o 400.00, plus $25.00 per each type of zoning district requested; or
o 550.00 if requesting a Planned Development (PD)
100 acres and above:
o 450.00, plus $25.00 per each type of zoning district requested; or
o 600.00 if requesting a Planned Development (PD)
For PD's Only the proposed PD document in electronic form by date of application
(either emailed or on a CD) (see PD Format for guidelines on how to prepare the PD).
ZONE CHANGE APPLICATION Page 3 of 4 Updated April 2010)
V Acknowledgement of the sign to be posted on the property 10 days prior to the public
l hearing.
I' Provide evidence or proof that all taxes and obligations have been paid regarding the
subject property.
Application packets that are not complete will not be accepted. When a completed
application packet has been accepted and reviewed, additional information may
be required by staff as a result of the review, it may be necessary to postpone
the proposed CUPIZone Change and remove it from the scheduled agenda and
place it on a future agenda date according to Section 1.2.1.2. of the Unified
Development Code.
Additional Information:
Upon making an application for a zoning change or conditional use permit, the
applicant shall place sign(s) as required. The City shall inspect such sign(s) to ensure
compliance as required by the UDC.
After the zoning change or conditional use permit request is approved by the City
Council, denied by the City Council, or withdrawn by the applicant, the applicant shall
remove the sign from the area of the request within ten (10) days of such event.
It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a
sign which gives notice that a zoning change or conditional use permit has been
requested.
In the event the applicant shall fail to erect and /or maintain signs in accordance with
this section, then the public hearing before the Planning and Zoning Commission /City
Council shall be postponed to a date in the future, which would allow time for
compliance.
The erection of any sign required by this section shall not require a permit under
Section 4.1.2.6 of this UDC.
The owner or applicant shall promptly notify the Planning Department of any sign
required by this section, which becomes lost, stolen or vandalized. The Planning and
Zoning Commission shall have the power to decide whether or not there has been
substantial compliance with the posting requirements in the case of lost, stolen or
vandalized signs.
Exhibit "B"
Location Map
Ordinance No. 2000M -76
LO
rn
m
o
State of Texas
Brazoria and Harris Counties
AFFIDAVIT OF PUBLIC
The Pear land Reporter News
2404 Park Avenue
Pear land, Texas 77
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 S-..), 20 /1
'No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20
LAURA ANN EMMONS
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 09-09-2014
day of
Exhibit "0'
Publications
Ordinance No. 2000M-76
Laura Ann Emmons, Publisher
Notary Public, State of Texas
LEGALS
LEGALS
Published March 2, 2011
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
ZONE CHANGE APPLI-
CATION NO. 2011-03Z
Notice is hereby given
that on March 21, 2011,
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, at the
request of Burt H.
Chrisman, Jr., owner
and applicant, for
approval of a zone
change from the
Neighborhood Service
(NS) zone, to Single
Family Residential -2 (R-
2) zone on property
located at 2801 John
Lizer Road, more specif-
ically described as:
Lot one (1) of Worrell
Addition, being a
6.8651 acre tract out
of the T.D. Yoakum
survey abstract 399
and ACH B survey
abstract 147,
Pearland, Brazoria
County, Texas.
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject. For addi-
tional information,
please contact the
Planning Department at
281-652-1768.
March 22, 2011
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2011 -03Z
Honorable Mayor and City Council Members:
At their meeting on March 21, 2011, the Planning and Zoning Commission considered
the following:
A request of Burt H. Chrisman, Jr., owner and applicant, for approval of a zone change
from the Neighborhood Service (NS) zone, to Single Family Residential -2 (R -2) zone for
approximately 6.8 acres on the following described property
Discussion regarding past zoning practices in the City as well as general zoning
principals took place.
Following this discussion, Commissioner Neil West made a motion to approve the zone
change and the motion was seconded by Commissioner Richard Golden. The vote was
5 -0 and the motion passed. The zone change was recommended for approval.
Sincerely,
Planning Zoning Commission
Recommendation Letter
Exhibit "D"
P &Z Recommendation Letter
Ordinance No. 2000M -76
LEGAL DESCRIPTION: Lot one (1) of Worrell Addition, being a 6.8651 acre
tract out of the T.D. Yoakum survey abstract 399 and ACH B survey
abstract 147, Pearland, Brazoria County, Texas.
General Location: 2801 John Lizer, Pearland, TX
Harold Ellis, Senior Planner
On behalf of the Planning and Zoning Commission
Page 1