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Ord. 509-810- 02-20-06ORDINANCE NO. 509-810 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF DESIGNATING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING APPROXIMATELY 584 ACRES MORE OR LESS, BEING ALL OF MUNICIPAL UTILITY DISTRICT NO. FIVE (MUD 5), INCLUDING CRYSTAL LAKE SUBDIVISION SECTION 1 • AND SECTION 2, SOUTHDOWN SUBDIVISION SECTION 1, SECTION 2, SECTION 3, SECTION 4, SECTION 5, SECTION 6, SECTION 7, SECTION 8, SECTION 9, SECTION 10, SECTION 11, SECTION 12, AND SECTION 13; 6.270 ACRES IN ABSTRACT 174, JAMES CRAWLEY SURVEY, TRACT 1C; 11.91 ACRES IN ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTHDOWN COMMERCIAL RESERVE TRACT C; 0.135 ACRES IN ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTHDOWN COMMERCIAL RESERVE TRACT B; 0.218 ACRES IN ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTHDOWN COMMERCIAL TRACT A-1; 0.298 ACRES IN ABSTRACT 174, JAMES CROWLEY SURVEY, SOUTHDOWN COMMERCIAL TRACT A; 1.049 ACRES IN ABSTRACTS 174, 310, AND 510, SOUTHDOWN COMMERCIAL SUBDIVISION RESERVE 61; 4.010 ACRES IN ABSTRACT 310, H.T. & B.R.R. COMPANY SURVEY, TRACT 36A; 1.6060 ACRES IN ABSTRACT 310, H. T. & B.R.R. COMPANY SURVEY, TRACT 36 AND TRACT 1 B2; AND 62.048 ACRES IN ABSTRACT 215, CHAS J HALL SURVEY, TRACT 1,2B, 1 G, 1 H, 11, 1 J, AND 1 K, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS) (ZONE CHANGE APPLICATION NO. 1250) AS CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2), SINGLE FAMILY DWELLING DISTRICT (R-3), SINGLE FAMILY DWELLING DISTRICT (R- 4), NEIGHBORHOOD SERVICE DISTRICT (NS), AND GENERAL BUSINESS DISTRICT (GB), PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, on January 3, 2006, the City Council of the City of Pearland, by Ordinance No. 1089, annexed into the City the territory shown in Exhibit "A" attached hereto; and WHEREAS, on the 21st day of November, 2005, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council ofthe City of Pearland, Texas, notice being given by publication in the official newspaper of the 1 ORDINANCE NO. 509-810 City, the affidavit of publication being attached thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and WHEREAS, on the 3rd day of January, 2006, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed zoning classification for the property shown in Exhibit "A", whereby the Commission recommended approval of the classification of the property shown in Exhibit "A" as Single Family Dwelling District (R-2), Single Family Dwelling District (R-3), Single Family Dwelling District (R-4), Neighborhood Service District (NS), and General Business District (GB); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this zoning application and the recommendation of the Planning and Zoning Commission at a regular meeting on January 9, 2006; 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 the property shown in Exhibit "A" in the judgment of the City Council, should be assigned the zoning classification herein proposed; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The following described property located within the corporate City limits of the City of Pearland, Texas, is hereby zoned to Single Family Dwelling District (R-2), Single Family Dwelling District (R-3), Single Family Dwelling District (R-4), Neighborhood Service District (NS), and General Business District (GB), such 2 ORDINANCE NO. 509-810 property being more particularly described as: Approximately 584 acres of land, being all of Municipal Utility District No. Five (MUD 5), including Crystal Lake Subdivision Section 1 and Section 2, Southdown Subdivision Section 1, Section 2, Section 3, Section 4, Section 5, Section 6, Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, and Section 13; 6.270 acres in Abstract 174, James Crawley Survey, Tract 1 C; 11.91 acres in Abstract 174, James Crowley Survey, Southdown Commercial Reserve Tract C; 0.135 acres in Abstract 174, James Crowley Survey, Southdown Commercial Reserve Tract B; 0.218 acres in Abstract 174, James Crowley Survey, Southdown Commercial Tract A-1; 0.298 acres in Abstract 174, James Crowley Survey, Southdown Commercial Tract A; 1.049 acres in Abstracts 174, 310, and 510, Southdown Commercial Subdivision Reserve B1; 4.010 acres in Abstract 310, H.T. & B.R.R. Company Survey, Tract 36A; 1.6060 acres in Abstract 310, H. T. & B.R.R. Company Survey, Tract 36 and Tract 1 B2; and 62.048 acres in Abstract 215, Chas J Hall Survey, Tract 1,2B, 1 G, 1 H, 11, 1 J, and 1 K, City of Pearland, Brazoria County, Texas 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. 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. 3 ORDINANCE NO. 509-810 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. 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. VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509 and consistent with the approval herein granted for the reclassification of the herein above described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 9th day of January , 2006. ) -2„-0 _)&yyf) TOM REID MAYOR 4 ORDINANCE NO. 509-810 ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd day of January , 2006. ATTEST: a. UNG��fifr G Y S ` CRETAR APPROVED AS TO FORM: 0.,, DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 5 APPLICATION FOR A CHANGE IN ZONING May 2005 City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com Please check one: si Change in Zoning Classification from: 6D to: ►R-a - 3 R- NS -& (list current zoning) (list proposed zoning) 111 Specific Use Permit Request for : (list proposed use) Property Information: 11 Address: M LLD 5 R n n e -tab Uri, ihrea- Tax Account No. N/A '`atl2 cr Subdivision: J10t»M'v� e �v ni rs-Lai L p-11� j Lot:er 6— Block: — **Attach a copy of the metes and bounds description, survey, or legal description** Current use of property (type of structures on property): V ©LY I Ou 6 Land i .6 es Future/proposed use of property and reason for zone change: an h e (RA i on of p op.eir' ono e► Li v-n -Ls PROPERTY OWNER INFORMATION: NAME lam/ R APPLICANT INFORMATION: NAME di ©-f (P`ea-V U-0-0L ADDRESS ADDRESS CITY STATE ZIP CITY STATE ZIP PHONE( ) PHONE( ) FAX ) FAX( ) E-MAIL ADDRESS E-MAIL ADDRESS PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the `legal description given. Owner's Signature: Date: Agent's Signature: Date: OFFICE USE ONLY: FEES �/� DATE RECEIVED J fl APPLICATION PAID: PAID: N/A BY: /V NUMBER: / 250 ***APPLICATION IS CONSIDERED INCOMPLETE WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND THE APPLICATION FEE*** Page 103 of 106 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 *pp - I J5D • State of Texas Brazoria and Harris Counties I, LIciyd 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 /A ,2- • 20 i(-- No. Date •20 No. Date 20 No. •Date •20 No. Date 20 Subscribe and sworn to before me this 20 =CO. LAURA ANN EMMONS Notary Public, State of T,sxa§„ Commission Expires 09-09-2006 day of Laura Ann Emmons, Publisher Notary Public, State of Texas / 47 rN ' Published Nov. 2 and Nov. 9, 2005 -I--NOTICE OF -A JOINT' PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, • TEXAS ZONE CHANGE APPLICATION NO. 1250 Notice is hereby given that on November 21, 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Hams 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 the City of Pearland (City initiated zon- ing request due to annexa- tion) for an amendment to the Land Use and Urban Development Ordinance of , said City, for approval of a change in Zoning district from classification Suburban Development District (SD) to Single Family Dwelling District (R-2), Single Family Dwelling 'District (R-3), Single Family Dwelling District (R-4), Neighborhood Service District (NS), and General Business District (GB), on the following described property, to wit: All of Municipal Utility District No. Five (MUD 5), including, Crystal Lake • -Subdivision Section 1 and I Section 2,, Southdown Subdivision Section 1, .f Section 2, Section 3, Section 4, Section 5, Section 6, Section 7, ,Section 8', Section 9, ' 'Section 10, Section, 11, 'Section 12, and Section 13; ' '6.270 acres in Abstract .174, James Crawley Survey, ' Tract, IC; 11.91 acres in Abstract 174, James Crowley Survey, Southdown Commercial Reserve Tract C; 0.135 acres in Abstract { 174, James Crowley Survey, Southdown Com- mercial Reserve Tract B; 0.218 acres In Abstract 174, James Crowley Survey, Southdown Commercial Tract A-1; 0.298 acres in Abstract 174, James Crowley Survey, Southdown Commercial Tract A; 1.049 ' acres In Abstracts 174, 310, and 510, Southdown Commerclal Subdivision Reserve 131; 4.010 acres In Abstract 310, H.T. & B.R.R. Company Survey, Tract L36A; 1.6060 acres in LEGALS 1 Abstract 310, H. T. '& B.R.R. I Company Survey, Tract 36 and Tract 1 B2; and 62.0481 acres in Abstract 215, Chas J Hall Survey, Tract 1,2B, I 1G, 1H, 11, 1J, and 1K, City! of Pearland, Brazoria! County, Texas '(Includes all property within MUD 5; all of • Southdown Subdivision; Generally Located on the! North Side of County Road 403 (Hughes Ranch Road), and on the East Side of State Highway , 288; an undeveloped tract located on the west side of State Highway 288 and on the north side of Discovery Bay Drive; all of Crystal Lakes Subdivision, generally locat- , ed on the west side of Cullen Boulevard, and south of County Road 403 ' (Hughes Ranch Road); and undeveloped tracts located , on the north side of Brookside Road, and on the west side of Cullen , Boulevard) . At said hearing all interest- ed partles'shall have the right and opportunity to 'appear and be heard on the. subject. • is/ Theresa Grahmann Senior Planner 110 1VS-0 AFFIDAVIT OF PUBLICATION The Pearland Reporter News • , I a0n4d ,Sout hTexas Park Pea5 8 2r4I State of -Texas Brazoria and Harris Counties 1,..Udyd IVIorrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris 1- and Galveston Counties, for / issues, as follows: ,. No: / Date /V.; 1 20 09.--• No. Date 20 No. Date 20 No. .Date 20 ' No. Date • v Subscribe and sworn to before me this Id ,vi iCjr, •• 15_..014•04,j0Wjj 20 ar • LAURA ANN EMMONS •a; Notary Public, State of Texas .* Commission Expires 09-0972006 f•ta4,401.0 Ave day of 20 Laura Ann Emmons, Publisher Notary Public, State of Texas Published Nov. 2 and Nov 1 9, 2005 NOTICE OF A -JOINT PUBLIC HEARING OF THE CITYCOUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE • CITY OF PEARLAND, TEXAS - ZONE CHANGE APPLICATION-NO:;1250- a Notice is hereby given that on November 21, 2005, at 6:30. p.m., the City Council and Planning and Zoning , Commission of the City of Pearland, in Brazoria, Harris and_F_ort_Bend Counties, JTexas, will conduct a.joint1 public hearing in the ,Council Chambers of City _Hall,! located at 3519 Liberty, • Drive, Pearland, Texas, on j the request of the City oft Pearland (City initiated zon - ing request .due to annexe- f [ tion) for an amendment to , the Land Use and Urban Development Ordinance of i said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Single Family Dwelling District (R-2), Single Fanjily I Dwelling District (R-3), f Single Family Dwelling ' District (R-4), Neighborhood -Service District (NS), and General Business District '(GB), on the following. described property, to wit: All of Municipal Utility ' District. No. Five (MUD 5), including Crystal Lake Subdivision Section 1 and Section 2, Southdown Subdivision Section .1,. _Section 2, Section 3,. Section 4, Section 5, Section 6, Section .7, Section 8, Section 9; Section 10, Section 11, Section 12, and Section 13; 6.270 acres in'Abstract-174, James Crawley Survey,' Tract.1C; 11.91 acres in Abstract' 174,. James Crowley Survey, Southdown' Commercial Reserve Tract' C; 0.135 acres in Abstract, 174, James Crowley Survey, Southdown Com- meroial Reserve Tract B;' 0.218 acres in Abstract 174, James Crowley Survey,, Southdown Commercial Tract.A-1; 0.298 acres in: Abstract 174, " James ' Crowley Survey, Southdown Commercial Tract A; 1.049' acres in Abstracts 174, 310, and 510, Southdown, Commercial Subdivision; Reserve B1; 4.010' acres in ° Abstract 310, H.T.'& B.R.R. Company Survey, Tract, 36A; 1.6060 acres in' Abstract 310, H. T. & B.R.R.' ' Company Survey, Tract 36 and Tract 1 B2; and 62.048 acres in Abstract 215, Chas '-JiHall Survey, Tract 1.,2B, 13, 1H, 11, 1J, and 1 K, City o! Pearland, Brazoria County, Texas (Includes all . property within MUD 5; all of Southdown Subdivision Generally Located on the North Side of County Road ', 403 (Hughes Ranch Road) and on the East Side..ol. j State..Highway 288; an 1 undeveloped tract Iodated on the west side of State Highway 288 and on the north side of Discovery Bay Drive; all of Crystal Lakes f Subdivision, generally locat- , ed on the west side of ; Cullen Boulevard; and south i of County, Road 4031 (Hughes Ranch Road); andl undeveloped tracts located on the north side of! Brookside Road, andonthei west side of Cullen, Boulevard) At said hearing all interest- ed parties shall have the.' right and, opportunity to appear and be heard on the! subject. is/ Theresa-Grahmann Senior Planner Planning & Zoniiig Commission Recommendation Letter January 3, 2006 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1250, a request by the City of Pearland (City initiated zoning request due to annexation) for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Suburban Development District (SD) to Single Family Dwelling District (R-2), Single Family Dwelling District (R- 3), Single Family Dwelling District (R-4), Neighborhood Service District (NS), and General Business District (GB) Honorable Mayor and City Council Members: At their regular meeting of November 21, 2005, the Planning and Zoning Commission considered the request for a change in zoning district from classification Suburban Development District (SD) to Single Family Dwelling District (R-2), Single Family Dwelling District (R-3), Single Family Dwelling District (R-4), Neighborhood Service District (NS), and General Business District (GB), on the following property: Legal Description: All of Municipal Utility District No. Five (MUD 5), including Crystal Lake Subdivision Section 1 and Section 2, Southdown Subdivision Section 1, Section 2, Section 3, Section 4, Section 5, Section 6, Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, and Section 13; 6.270 acres in Abstract 174, James Crawley Survey, Tract 1 C; 11.91 acres in Abstract 174, James Crowley Survey, Southdown Commercial Reserve Tract C; 0.135 acres in Abstract 174, James Crowley Survey, Southdown Commercial Reserve Tract B; 0.218 acres in Abstract 174, James Crowley Survey, Southdown Commercial Tract A-1; 0.298 acres in Abstract 174, James Crowley Survey, Southdown 1250 Page 1 of 2 Commercial Tract A; 1.049 acres in Abstracts 174, 310, and 510, Southdown Commercial Subdivision Reserve B1; 4.010 acres in Abstract 310, H.T. & B.R.R. Company Survey, Tract 36A; 1.6060 acres in Abstract 310, H. T. & B.R.R. Company Survey, Tract 36 and Tract 1 B2; and 62.048 acres in Abstract 215, Chas J Hall Survey, Tract 1,2B, 1G, 1 H, 11, 1 J, and 1 K, City of Pearland, Brazoria County, Texas The Planning. & Zoning Commission considered this zone change request at their regular meeting of November 21, 2005. Commission Member locco made a motion to recommend approval of the zone change request, which was seconded by Commission Member Sherrouse. The motion to approve passed 5 — 0. Therefore, the zone change was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission 1250 Page 2 of 2 �td111/11///�rrr�■■■■■.�.■...------- n�nnrirrrr��rri trannissumassinvistenturiummpr • rr�+ ssur�n ZONE CHANGE APPLICATION Na 1250 PROPOSED ZONING MAP Legend Proposed R-2 Zone Proposed R-3 Zone Proposed R-4 Zone 1a Proposed NS Proposed GB New City Limits W N 0 500 1,000 Feet Map Prepared on November 4, 2005