Ord. 2000M-0098 2013-02-25ORDINANCE NO. 2000M-98
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
33.307 ACRE TRACT IN THE H. T. & B. R.R. COMPANY SURVEY SECTION
85, ABSTRACT NO. 304 IN BRAZORIA COUNTY, TEXAS. SAID 33.307 ACRE
TRACT IS PART OF LOT 45, PART OF LOT 55, AND ALL OF LOTS 56 AND 57
OF THE ALLISON-RICHEY GULF COAST HOME SUBDIVISION AS
RECORDED IN VOLUME 2, PAGE 107 IN THE BRAZORIA COUNTY PLAT
RECORDS. SAID 33.307 ACRE TRACT COMPRISES THOSE TRACTS OF
LAND DESCRIBED IN DEEDS TO GEORGE RITCHEY, AND WIFE KAREN
RITCHEY, AS RECORDED IN CLERK'S FILE NO'S 97-019237, (AS
CORRECTED BY 97-032332), 99-015625 AND 96-019344 (LOT 57 ONLY), ALL
FILED OF RECORD IN THE BRAZORIA COUNTY CLERK'S OFFICE.
(LOCATION BEING NORTH OF SUMMER BREEZE DRIVE, BETWEEN
MILLER RANCH AND SILVER LAKE PKWY, PEARLAND, TX), ZONE
CHANGE 2013-02Z, A REQUEST OF KEVIN COLE, APPLICANT, ON BEHALF
OF KAREN RITCHEY, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM
THE SINGLE FAMILY RESIDENTIAL -1 (R-1) ZONE TO THE SINGLE FAMILY
RESIDENTIAL -3 (R-3) ZONE, 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, Kevin Cole, applicant, on behalf of Karen Ritchey, 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 Single Family Residential -1 (R-1) to
Single Family Residential -3 (R-3); 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 21st day of January, 2013, 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,
ORDINANCE NO. 2000M-98
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 21st day of January, 2013, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed zone change application of Kevin Cole, applicant, on behalf of
Karen Ritchey, owner, whereby the Commission recommended approval of the change
of classification for the described property from its existing classification of Single
Family Residential -1 (R-1) to Single Family Residential -3 (R-3), 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 regular meeting(s) on the 11th day of February,
2013 and; 25th day of February 2013; 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 Kevin Cole, applicant, on behalf of Karen Ritchey, 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 Single Family
Residential -1 (R-1) to Single Family Residential -3 (R-3), in accordance with all
Page 2 of 5
Ord No 2000M-98
ORDINANCE NO. 2000M-98
conditions and requirements of the current Unified Development Code and incorporated
for all purposes, such property being more particularly described as:
A 33.307 acre tract in the H. T. & B. R.R. Company Survey Section 85, Abstract
No. 304 in Brazoria County, Texas. Said 33.307 acre tract is part of Lot 45, part
of Lot 55, and all of Lots 56 and 57 of the Allison -Richey Gulf Coast Home
Subdivision as recorded in Volume 2, Page 107 in the Brazoria County Plat
Records. Said 33.307 acre tract comprises those tracts of land described in
deeds to George Ritchey, and wife Karen Ritchey, as recorded in Clerk's File
No's 97-019237, (as corrected by 97-032332), 99-015625 and 96-019344 (Lot 57
only), all filed of record in the Brazoria County Clerk's Office
General Location: North of Summer Breeze Drive, between Miller Ranch and
Silver Lake Parkway, Pearland, TX
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.
Page 3 of 5
Ord No 2000M-98
ORDINANCE NO. 2000M-98
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 11th day of
February, 2013.
5
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th
day of February, 2013.
�u✓rd
TOM REID
MAYOR
Page 4 of 5
Ord No 2000M-98
ORDINANCE NO. 2000M-98
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 5
Ord No 2000M-98
Current Zoning District:
Ordinance No. 2000M-98
Exhibit "A"
ja�2 . c/
ZONE CHANGE APPLICATION
APPLICATION FOR
A CHANGE IN ZONING
(N.)0(
Page 1 of 4 Updated October 2012
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Proposed Zoning District: R"`
Property Information:
Address or General Location of Property: /90
33, �g ucres (5T3 tn►
Tax Account No.
(( 3o
yHl?r3Rz. I/5-4- 5%7
Subdivision: Lot: Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME 4' -
ADDRESS 2/ I O 13 r,A. vo LY't
CITY (;1C4rkC ij STATE --yy ZIP 77S (`'
PHONE( 713 )X59 — 23i
FAX( a-1‘ l ) - X19 of i
E-MAIL ADDRESS !<A�h ra4'&kt° 7 @ k+N• Co wt
*Property owner must be the current owner of the property at
that has the property under contract.
As owner and applicant, I hereby request approval
by the Unified Development Code of the City of Pea
Owner's Signature:
Agent's/Applicant's
Signature:
APPLICANT/AGENT INFORMATION:
NAME Ale ✓sig Lok ' f
ADDRESS II 3 Sltic�pw Crre� jt�1cw' Stnkec
CITY TedrIGt.J STATE ZIP 775(1/
PHONE( :h. ) 9c1b '
FAX(. i ) (0 5 — S ‘71‹.
E-MAIL ADDRESS ke.01-05o7e_ 7a.i-`o9. co
the time of submittal of the application, and not the party
of the above described request as provided for
rtand.
Date:
Date: I,
f �/C
OFFICE USE ONLY
FEES
PAID: `Dr., S vc
DATE
PAID: //—/(,t -(ca
RECEIPT
NUMBER:
S3
Application No. -0- 01 ?j — Oa -2—
January 10, 2013
City of Pearland
Planning
3519 Liberty Dr.
Pearland, TX 77581
Re: Letter of Authorization
To Whom it May Concern,
I, Karen Ritchey, owner of the 33.28 acre tract of land on Miller Ranch Rd, authorize Kevin Cole
to act as my agent/applicant for the purposes of obtaining a zone change.
Best Regards,
Ix ON 00.00
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TRACT IN THE & 6.66. CO. SURVEY. 1
A-304. BRAZORIA COUNTY, TEXAS
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Zoning & Vicinity Map
Zone Change 2012-02Z
This product is for information purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes,
It does not represent an on -the -ground survey
and represents only the approximate relative
location of property boundaries. N
0 125 250 500 Feet
11111111
November 16, 2012
Planning Department
City of Pearland
3519 Liberty Dr.
Pearland, TX 77581
Re: Zoning Application
To Whom it May Concern,
The Matrix
Group
Attached please find an application for rezoning on a 33.28 acre tract of land located off Miller
Ranch Rd north of Broadway. The tract is currently zoned R-1 but is surrounded by R-3 zoned
subdivisions on 3 sides and a fourth just north of the subject tract.
The owner of the subject property is requesting the zone to change to allow the property to better
compete with the surrounding existing residential subdivisions. There has been tremendous
interest by the builder community, but all have requested the property be rezoned to match the
surroundings.
We ask that you consider this zone change based on the market conditions in the immediate area.
I am available to answer any questions you may have by contacting me at 832-212-9460.
Thank you for your consideration,
Kevin Cole
President
The Matrix Group
11233 Shadow Creek Parkway, Suite 200, Pearland, TX 77584, 832-456-7955,
www.thematrixgroup.net
CITY OF PEAILAID
=CIO
fit CIp1 PT fii
Oper: CBLAII Type: OC Drayer: 1
Date: 11/19/12 81 leceipt ao: 48383
Descriptio* DLIAAQuantity bout
OF ADRISTIETtS
1.80 6/456110
Trans amaner: 3898269
2563 IILLER 1ANC}1 RD
1E1I1 COLE
201E MEE
Tender detail
Total tendered
Total payment
Trans date: 11/16/12
349
Time: 13:84:18
ZONE CHANGE APPLICATION Page 4 of 4 Updated October 2012)
POSTING OF ZONING NOTIFICATION SIGNS
ON PROPERTY UNDER CONSIDERATION
FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT)
Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP),
or a variance shall be required to erect and maintain a sign(s), to be inspected by the City,
upon the property for which a variance or zoning change has been requested.
Such sign(s) shall be located as follows:
(1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting
street, or as determined by the City.
(2) So as to be clearly visible and readable from the public right-of-way and not
obstructed in any manner.
(3) So as not to create a hazard to traffic on the public rights-of-way abutting the property.
(4) On the subject property at least ten (10) days prior to the hearing of such zoning
change request by the Planning and Zoning Commission, and to remain continuously
on said property until final action by the City Council or withdrawal of the case by the
applicant. Removal of the sign by the applicant prior to a recommendation by the
Planning and Zoning Commission and/or a final decision by the City Council shall
constitute a withdrawal of the request.
(5) The signs shall be as follows:
• A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4 feet
• At least 2 feet above the ground
• Blue or black lettering that is a minimum of 3 inches by 1/2 inch, on a white
background
• Message content as follows:
PROPOSED (SPECIFY REQUEST)
Contact City of Pearland
281-652-1768
*Signs must be professionally made; handwritten signs are not allowed.
*Signs must be freestanding and cannot be attached to a tree, fence, or
building.
DUPLICATE TAX RECEIPT
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Certified Owner: Legal Description:
RITCHEY GEORGE R & KAREN
2553 MILLER RANCH RD
PEARLAND , TX 77584
Deposit No: 1203510C
Validation No: 900000023500539
Account No: 0304-0040-000
Operator Code: CYNT
Year Tax Unit Name
A0304 H T & B R R. TRACT 45A-55, ACRES
13.28
Parcel Address: MILLER RANCH RD CR 93
Legal Acres: 13.2800
Remit Seq No: 20407482
Receipt Date: 01/31/2012
Deposit Date: 02/07/2012
Print Date: 1 112612012
Printed By: NINAE
Tax Value Tax Rate Levy Paid P&l Coll Fee Paid Total
2011 Brazoria County 119,520 0.413101 493.74 0.00 0.00 493.74
2011 Special Road & Bridge 119,520 0.060000 71.71 0.00 0.00 71.71
2011 Pearland Isd 119,520 1.419400 1,696.47 0.00 0.00 1,696.47
2011 Brazoria Drainage Dist 4 119.520 0.156000 186.45 0.00 0.00 186.45
2011 City Of Pcarland 119,520 0.685100 818.83 0.00 0.00 818.83
53,267.20
Check Numher(s):
256
Exemptions on this property:
pAYFR:
RITCHEY GEORGE R & KAREN
2553 MILLER RANCH RD
PEARLAND TX 77584
50.00 50.00 53,267.20
PAYMENT TYPE: PARTIAL PAYMENT
Checks: 53,267.20
Total Applied: 53,267.20
Change Paid: S0.00
BAL4VCE DUE AS OF 11/26/2012 IS $3,306.36
--<
(979) 861.1320, (979) 388-1320, (281) 756-1320
Page 1 of t
21.1.155
ZONE CHANGE APPLICATION Page 2 of 4 Updated October 2012)
APPLICATION CHECKLIST FOR THE FOLLOWING
• Zone Changes
• Planned Development Districts (PD)
Er 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 an his
behalf. Section 1.2.1.1 (a) of the Unified Development Code.
Metes and Bounds Description, (Survey, or a Plat of the property that provides or
contains the metes and bounds description).
V Parcel map, printed from the City of Pearland website, indicating the location and
�% boundaries of the subject property.
tl �I 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
`Letter of Intent is not required for a PD.
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 less than 25 acres:
o $ 750.00 plus $25.00 per each type of zoning district requested; or
o $ 800.00 if requesting a Planned Development (PD)
• 25 to less than 50 acres:
800.00, plus $25.00 per each type of zoning district requested; or
o $ 850.00 if requesting a Planned Development (PD)
• 50 to Tess than 75 acres:
o $ 850.00, plus $25.00 per each type of zoning district requested; or
c $ 900.00 if requesting a Planned Development (PD)
• 75 to less than 100 acres:
C $ 900.00, plus $25.00 per each type of zoning district requested; or
c $ 950.00 if requesting a Planned Development (PD)
• 100 acres and above:
c, $ 950.00, plus $25.00 per each type of zoning district requested; or
o $ 1000.00 if requesting a Planned Development (PD)
E 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 October 2012)
n Acknowledgement of the sign to be posted on the property 10 days prior to the public
hearing.
❑ Provide evidence or proof that all taxes and obligations have been paid regarding the
subject property.
n 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 CUP/Zone 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.
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Ordinance No. 2000M-98
Exhibit "B"
Zoning & Vicinity Map
Zone Change 2012-02Z
This product is for information purposes and
may not have been prepared for or be suitabl.
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground survey
and represents only the approximate relative
location of property boundaries. N
0 125 250 500 Feet
Published Jan. 2, 2013
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
APPLICATION
NO. 2013-02Z
Notice is hereby given
that on January 21,
2013, at 6:30 p.m., the
City Council and Plan-
ning and Zoning Com-
mission 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 Kevin
Cole, applicant, on
behalf of Karen Ritchey,
owner, for approval of a
zone change from the
Single Family Residen-
tial -1 (R-1) zone to the
Single Family Residen-
tial -3 (R-3) zone for
33.307 acres, more
specifically described
as:
A 33.307 acre tract in
the H. T. & B. R.R. Com-
pany Survey Section 85,
Abstract No. 304 in
Brazoria County, Texas.
Said 33.307 acre tract is
part of Lot 45, part of Lot
55, and all of Lots 56
and 57 of the Allison -
Richey Gulf Coast „ome
Subdivision as recorded
in Volume 2, Page 107
in the Brazoria County
Plat Records. Said
33.307 acre tract com-
prises those tracts of
land described in deeds
to George Ritchey, and
wife Karen Ritchey, as
recorded in Clerk's File
No's 97-019237, (as cor-
rected by 97-032332),
99-015625 and 96-
I- LEGALS
019344 (Lot 57 only), al
filed of record in the
Brazoria County Clerk's
Office.
General. Location:
North of Summer
Breeze Drive, between
Miter Ranch and Silver
Lake Parkway
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.
Harold Ellis
City Planner
Ordinance No. 2000M-98
Exhibit "0"
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
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
alveston Counties, for issues, as follows:
No. Date J2 20 /3
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
LAURA ANN EMMONS
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 08-09-2014
day of
CFO
"411/
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Ordinance No. 2000M-98
Exhibit "D"
Planning & Zoning Commission
Recommendation Letter
January 24, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2013-02Z
Honorable Mayor and City Council Members:
At their meeting on January 21, 2013, the Planning and Zoning Commission considered
the following:
A request of Kevin Cole, applicant, on behalf of Karen Ritchey, owner, for
approval of a zone change from the Single Family Residential -1 (R-1) zone to
the Single Family Residential -3 (R-3) zone for 33.307 acres on the following
described property:
LEGAL DESCRIPTION:
A 33.307 acre tract in the H. T. & B. R.R. Company Survey
Section 85, Abstract No. 304 in Brazoria County, Texas. Said 33.307 acre tract
is part of Lot 45, part of Lot 55, and all of Lots 56 and 57 of the Allison -Richey
Gulf Coast Home Subdivision as recorded in Volume 2, Page 107 in the Brazoria
County Plat Records. Said 33.307 acre tract comprises those tracts of land
described in deeds to George Ritchey, and wife Karen Ritchey, as recorded in
Clerk's File No's 97-019237, (as corrected by 97-032332), 99-015625 and 96-
019344 (Lot 57 only), all filed of record in the Brazoria County Clerk's Office.
GENERAL LOCATION:
North of Summer Breeze Drive, between Miller Ranch and Silver Lake Parkway,
Pearland, TX
Following staff presentation, discussion ensued regarding differences in lot sizes in the
different residential zoning districts, access to the site (Unified Development Code
requirements as well as the International Fire Code requirements), the possibility of
developing the property as a Cluster Development, and potential future development in
Ordinance No. 20001\I-98
Exhibit "D"
the area.
Following this discussion, Commissioner Ginger McFadden made a motion to approve
the zone change. The motion was seconded by Commissioner Mary Starr. The vote
was 6-1 and the motion passed. Commissioner Linda Cowles voted in opposition
indicating that she would rather see the property developed as a Planned Development
to ensure that lot sizes were not further reduced.
Sincerely,
Harold Ellis, City Planner
On behalf of the Planning and Zoning Commission