Ord. 2000M-0009 2006- 06-26
ORDINANCE NO. 2000M-9
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 643.1 ACRE TRACT OF LAND, OUT OF THE T. J. GREEN
SURVEY, ABSTRACT 290, HARRIS COUNTY, TEXAS, BEING ALL OF
THAT CERTAIN CALLED 663.1 ACRES OF LAND, SAME BEING LOTS 1
THRU 103 AND LOTS 108 THRU 122 IN THE ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION, RECORDED IN VOLUME 4,
PAGE 48, IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, CITY
OF PEARLAND, HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON
THE EAST SIDE OF PEARLAND PARKWAY, ON THE WEST SIDE OF
COUNTRY CLUB DRIVE, AND ON THE NORTH SIDE OF CLEAR
CREEK), (ZONE CHANGE APPLICATION NO. 2006-18Z) FROM
CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT (R-E) TO SINGLE
FAMILY RESIDENTIAL - 1 DISTRICT (R-1), AT THE REQUEST OF ALAN
MUELLER, APPLICANT FOR RIVERSTONE LAND INVESTORS, LTD.,
SHS, AND GREEN SHADOWS CORPORATION, OWNERS, AND
PORTIONS OF THE PROPERTY INITIATED FOR A ZONE CHANGE BY
THE CITY OF PEARLAND, 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, Alan Mueller, applicant for Riverstone land Investors, Ltd., SHS,
and Green Shadows Corporation, owners, and portions of the property initiated for a
zone change by the City of Pearland, filed on April 20, 2006, 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
WHEREAS, on the 15th day of May, 2006, 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-9
the affidavit of publication being attached thereto and made a part hereof for all
purposes, as Exhibit "8", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 6th day of June, 2006, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Alan Mueller, applicant for Riverstone Land
Investors, Ltd., SHS, and Green Shadows Corporation, owners, and portions of the
property initiated for a zone change by the City of Pearland, whereby the Commission
recommended approval of the change of classification for the described property from
its existing classification of Single Family Estate District (R-E) to Single Family
Residential - 1 District (R-1); 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 12, 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 in the case
of the application of Alan Mueller, applicant for Riverstone Land Investors, Ltd., SHS,
and Green Shadows Corporation, owners, and portions of the property initiated for a
zone change by the City of Pearland, 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 Estate
District (R-E) is hereby zoned to Single Family Residential - 1 District (R-1), such
Page 2 of 4
Ord No 2000M-9
ORDINANCE NO. 2000M-9
property being more particularly described as:
643.1 acre tract of land, out of the T. J. Green Survey, Abstract 290, Harris
County, Texas, being all of that certain called 663.1 acres of land, same being
Lots 1 thru 103 and Lots 108 thru 122 in the Allison Richey Gulf Coast Home
Company Subdivision, recorded in Volume 4, Page 48, in the Map Records of
Harris County, Texas, City of Pearland, Harris County, Texas (Generally Located
on the East Side of Pearland Parkway, on the West Side of Country Club Drive,
and on the North Side of Clear Creek)
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
Page 3 of 4
Ord No 2000M-9
ORDINANCE NO. 2000M-9
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 1ih day of June, 2006.
~))J
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
26th day of June, 2006.
~~.~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
W~ K. ~
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-9
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APPLICA liON FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281.aS2-1768
281-652-1702 fax
www.cilyofpearland.com
;"J,. \ fI\l-:\
Please check one:
~ Change in Zoning Classification from:
f<E
(Ii!!t current zoning)
to:
RJ
(list proposed zoning)
o Specific Use Permit Request for:
(Ust proposed use)
Property Information:
Tax Account No.
5ee- ~ f/cdtd !,ST
Address:
TJ ~ Su"'''7 /I ~ 2-90
Subdivision: /tJ/i50111J.,'C/":' v-iAf7-C-sr jf"""e,.
5&(104"1'61. ,sepf'rn (f
- Attach a copy of the metes and bounds description, survey, or legal description*'"
(
Lot: Va qpu,s
Block:
s-(;e- t? Ikdted' f, ~f
Current use of property
(type of structures on property): Pl!}t"/c..u II-~Y'e..
Future/proposed .use of property and raaso~ for zone change: ~/~.e...- ";:;A7t '7 ~c.lel4 f,'q,f
A..!i Deve !O,t)/Y1f?4JI 19Y'-rl'J..-fi'Je-J- ;: .200(,)- 4--3
/ . I
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME fl..;vershmr:. L-and LlVefJfp5. L.-fd NAME ht'/J j/)'A!./kr
.
ADDRESS 6//, 5kyf,n~ /Jr. S"u/l-e-A ADDRESS )...7,21 B-iC'fL"'~,-K Dc
CITY J-/tJU'iT-7;n. STATE~ZIP ?-rt?5'7- CITY !tvjk,(', STATE "JA ZIP 77c-"12
PHONE( --;'/3 ) f,Zt - ~// / PHONE( 1/-~ ) '7';(-)<;,03/
FAX( 1/3 ) 6:;"/- /361 FAX(713) 9'!i 3)'0.-(0
E-MAIL ADDRESSSQllfttilh..).li)rft/uwy~e..f;.t!s.CtfW\E.MAIL ADDRESS Q,>1t.te: !/ere ~)i(.e,o/,r..;!Q_-"l% ",:.~
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above descn ed
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 Be . nderstand that I am fully sponsible for the correctness of the legal description
given. ""'"
Owner's S
1-)17/(';6
,
Agent's Signature:
Date: 'f;/' T,/~
APPLICATION. /'j 00/. / IJ ...:L
NUMBER: .?<. (0 - 6 L:...
E WITHOUT A METES AND BOUNDS
E APPLICATION FEE- ~.: I 0\ 3
LOCATION MAP
Zone Change wt,
No. 2006-18Z
o 1,000 2,000 Feet
I I I I I I
Map Prepared on April 24, 2006
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404"South Park
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 drculation in Brazoria, Harris
and Galveston Counties, for! issues, as follows:
~o
Subscribe and sworn to before me this c27
20 0(,
day o~1
ct1LJ~
Laura Ann Emmons, Publisher
Notary Public, State of Texas
,,~\.)lGc- C I Ii Z.
Published April 26, 2006,
May 3, 2006
NonCE 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. 2006-
018Z
Notice is hereby given that
on May 15, 2006, 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 Alan Mueller,
applicant for Riverstone
Land Investors, Ltd., SHS,
and Green Shadows
Corporation, owners, and
portions of the property initi-
ated for a zone change by
the City of Pearland, for an
amendment to Ordinance
No. 2000M, the Zoning Map
of the City of Pearland, for
approval of a change in zon-
ing district from classifica-
tion Single Family Estate
District (R-E) to Single
Family Residential - 1
District (R-1), on the follow-
ing described property, to
wit:
43.1 acre tract of land, out of
the T. J; Green Survey,
Abstract 290, Harris County,
Texas, being all of that cer-
tain called 663.1 acres of
land, same being Lots 1 thru
103 and Lots 108 thru 122 in
the Allison Richey Gulf
Coast Home Company
Subdivision, recorded in
Volume 4, Page 48, in the
Map Records of Harris
County, Texas, City of
Pearland, Harris County,
Texas (Generally Located
on the East Side of Pearland
Parltway, on the West Side
of Country Club Drive, and
on the North Side of Clear
Creek)
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
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404 South Park
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 Galveston Counties, for I issues, as follows:
No. / Date S3 20 D(-
No. Date 20
No. Date 20
No. Date 20
No. Date 20
~~
CFO
Subscribe and sworn to before me this
t
day of ~
20~
Laura Ann Emmons, Publisher
Notary Public, State of Texas
ZI.-Vle. c'J,,';"9C :;<oo~.: !~/:;;'T
Published April 26, 2006,
May 3,2006
NOTICE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND
TEXAS '
tion Single Family Estate
District (R-E) to Single
Family Residential - 1
District (R-1), on the follow-
ing described property, to
wit:
ZONE CHANGE NO. 2006-
018Z
43.1 acre tract of land, out of
the T. J. Green Survey,
Abstract 290, Harris County,
Texas, being all of that cer-
tain called 663.1 acres of
land, same being Lots 1 thru
103 and Lots 108 thru 122 in
the Allison Richey Gulf
Coast Home Company
Subdivision, recorded in
Volume 4, Page 48, in the
Map Records of Harris
County, Texas, City of
Pearland, Harris County,
Texas (Generally Located
on the East Side of Peartand
Parkway, on the West Side
of Country Club Drive, and
on the North Side of Clear
Creek)
Notice is hereby given that
on May 15, 2006, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and Fori 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 Alan Mueller,
applicant for Riverstone
Land Investors, Ltd., SHS,
and Green Shadows
Corporation, owners, and
portions of the property initi-
ated for a zone change by
the City of Pearland, for an
amendment to Ordinance
No. 2000M, the Zoning Map
of the City of Pearland, for
approval of a change in zon-
ing district from classifica-
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
Planning & Zoning Commission
Recommendation Letter
June 6, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 18Z, a request by Alan Mueller,
applicant for Riverstone Land Investors, Ltd., SHS, and Green Shadows Corporation,
owners, and portions of the property initiated for a zone change by the City of Pearland,
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 Single Family Estate District
(R-E) to Single Family Residential- 1 District (R-1)
Honorable Mayor and City Council Members:
At their regular meeting of June 5, 2006, the Planning and Zoning Commission considered the
request for a change in zoning district from classification Single Family Estate District (R-E) to
Single Family Residential- 1 District (R-1), on the following property:
Legal Description:
643.1 acre tract of land, out of the T. J. Green Survey, Abstract 290,
Harris County, Texas, being all of that certain called 663.1 acres of
land, same being Lots 1 thru 103 and Lots 108 thru 122 in the Allison
Richey Gulf Coast Home Company Subdivision, recorded in Volume 4,
Page 48, in the Map Records of Harris County, Texas, City of Pearland,
Harris County, Texas
General Location:
Generally Located on the East Side of Pearland Parkway, on the West
Side of Country Club Drive, and on the North Side of Clear Creek
Commission Member Diggs made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Sherrouse. The motion to approve
passed 6 - O. The zone change was recommended for approval by the Planning and Zoning
Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 18Z
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