Ord. 509-047 03-19-94ORDINANCE NO. 509-47
AN ORDINANCE 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 CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED IN THE GREEN TEE TERRACE, SECTION 6 OF HARRIS
COUNTY, PEARLAND, TEXAS, FROM CLASSIFICATION SINGLE
FAMILY DWELLING DISTRICT, PLANNEDUNIT DEVELOPMENT (R-3,
PUD) TO SINGLE FAMILY DWELLING DISTRICT (R-l), AT THE
REQUEST OF KELLY PITTS, AGENT FOR GOLFCREST COUNTRY CLUB,
OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICTMAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONSRELATED TO
THE SUBJECT.
WHEREAS, Kelly Pitts, Agent for Golfcrest Country Club, Owner,
filed on December 20, 1993, an application for amenament pursuant
to Section 28 of Ordinance No. 509, the Land Use and Urban
Development Ordinance of the City, for approval of a change in the
land use as provided for in said Section 28, said property being
legally described in the original application for amendment
attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 14th day of February, 1994, 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 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 a/ld 28.4 of Ordinance
No. 509; and
WHEREAS, on the 15th day of February, 1994, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding the proposed amendment
application of Kelly Pitts, Agent for Golfcrest Country Club,
Owner, whereby the Commission recommended and approved a change of
classification for the property described in Exhibit "A" from its
existing classification of Single Family Dwelling District, Planned
Unit Development (R-3, PUD) to Single Family Dwelling District
(R-l); and
1
WHEREAS, upon receipt of the report from the Planning· and
Zoning Commission, the City Council considered this application,
and concurred with the recommendation of the Planning and Zoning
Commission, at its regular meeting on February 28, 1994; and
WHEREAS, the City Council having fully heard the testimony and
argument of all interested parties, having been fully advised in
the premises, finds thatin the case of the application of Kelly
Pitts, Agent for Golfcrest Country Club, Owner, facts were
presented which, in the judgment of the City Council, would justify
the approval of said application, it is therefore,
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, and presently
classified as Single Family Dwelling District, Planned Unit
Development (R-3, PUD) is hereby for all purposes changed and
reclassified Single Family Dwelling District (R-l):
A parcel of land containing 4.6056 acres (200,620 square feet)
more or less out of that certain 200.00 acre tract conveyed by
Thomas P. Alexander to Golfcrest Country Club by deed recorded in
Volume 7259, Page 5, Deed Records, Harris County, Texas, said
4.6056 acre tract being in the W.D.C. Hall Survey, Abstract No. 23,
Harris County, Texas, and being more particularly described as
follows:
BEGINNING at a found 5/8 inch iron rod on the northeasterly
corner of Lot 1, Block 4, Green Tee Terrace, Section 1, said iron
rod being on the southerly line of Country Club Drive, 60 feet
wide;
THENCE, North 45° 00' 30" East, along the southerly line of
said Country Club Drive a distance of 1433.00 to a found 5/8 inch
iron rod:
THENCE, South 44° 50' 30" East, a distance of 140.00 feet to
a set 5/8 inch iron rod;
THENCE, South 45° 00' 30" West, a distance of 1433.00 feetto
a set 5/8 inch iron rod;
THENCE, North 44° 59' 30" West, at 20.00 feet pass a found 5/8
inch iron rod on the southeasterly corner of the said Lot 4, in all
a distance of 140.00 feet to the POINT OF BEGINNING and containing
4.6056 acres (200,620 square feet) of land more or less.
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 Councilof the City of Pearland finds and determines
that the amendment adopted herein promotes the health, safety,
morals and general welfare of the public and is a proper valid
exercise of the City's police powers.
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.
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED and APPROVED on first reading this 2~ ~/ day of
~~~ , A.D. , 1994.
MAYOR
ORDINANCE NO. 509-47
ATTEST:
PASSED and APPROVED on second and final reading this
day of ~ ~/L,~ , A.D. , 1994.
ATTEST:
C..~~COPpI~NG~
APP~.~~S TO FORM:
D~C~ GREGG ~
C
CITY ATTORNEY '
· ' EXHIBIT "A"
~.lt~NGF- R~OUF~TED:
~/~Change in Zoning Classification
D Change in Regulations in
Section
ZD3iIJtG CHANGE APPI.ICATION~
[3 Specific Use .DIe 2 0 1995
For:
i!~OP~RTY ~DENTIFICATION:
~Lreet or Road.Address:
Lot_ .., Block ..., Addition Tax I.D. ~
LEGAL DESCRIPTION :,
Uaplatted Land: (Must have survey & metes and bounds description)
;~:'ROPOSED
S/,,,,d~L Z,
USE OF LAND WITHIN BFcQUESTF-D DF.-~IGNATION:
.;
'~3CORn OWNEl(: C~a ~/'=-~/~ [ S; 7'
~RTITION: As OWNER/AG~tNT, I hereby petition the City for approval of
the above described request as provided by the laws of the
State of Texas and Ordinances of the Cit of .
.~ ~ : '. " ' BY:~
FILED: /)'~f APPLICATION NO.~ ~
REVISED FEBRUARY 17, 1993
EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
Before me, the undersigned authority,'on this day personally
appeared GLORIA BOIKE, Business Manager for THE 30URNAL, a
newspaper having general circulation in Brazoria County,
Texas, who being by me duly sworn, deposes and says that the
foregoing attached notice was published in said newspaper
on the following date(s), to wit:
, 19
, 19
, 19
BUSINESS MANAGER
Subscribed and sworn to this ~%r~, day ~.,,,,.~,.
NOTICE OF A JOINT PUBLIC
HEARING OF THE CITY COUNCIL
AND THE PLANNING AND ZONING
COMMISSION OF THE CITY OF
~ARLAND, TEXAS
Notice is,~ereby~n thi~i~R 14th
day of bru , 94, P.M.
sfn
Public H~ri in this coil cta Joint
(SEAL) C~mt~s Yexa
c.y .a,, " 5,9 .b..y
Pearland, Ye~as, on the request o!
Kefiy P|tts m agent !or (loftcrest
Cou.t.s7 ~hsb, owner !or a.
amendment to the Lan] Use and
Single Fam|l Dwellin~ District,
; ~; Planned Unit t~evelopment to R-l,
·~ , Si_ngle Family Dwel~ng District on the
F, foll6wing dean'bed property, to-wit:
· f .'V f '~ '~ A subdivision of 4.6056 Acre
STATE OF TEXAS
At said headn~ d interested pa,~es ,
Pat Jones, City. Secretary
Apl)ica6on No. 41