Ord. 509-416 03-13-00ORDINANCE NO. 509-416
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 CHANGING THE CLASSIFICATION OF CERTAIN
REAL PROPERTY LOCATION BEING A 120.417 ACRE TRACT IN THE
W.D.C. HALL LEAGUE, A-70 & PARTS OF LOTS 13-24, S.W.
NARREGANG SUBDIVISION, VOLUME 1, PAGE 92 & ALSO LOTS 1 & 2,
GEORGE W. JENKINS SUBDIVISION, VOLUME 79, PAGE 616,
BRAZORIA COUNTY MAP RECORDS (APPLICATION NO, 885)
(OAKBROOK ESTATES) FROM CLASSIFICATION SINGLE FAMILY
DWELLING DISTRICT (R-l) TO SINGLE FAMILY DISTRICT PLANNED
UNIT DEVELOPMENT (R-2 PUD) AT THE REQUEST OF KEN CAFFEY,
AGENT FOR OAKBROOK ESTATES, LTD., OWNER, PROVIDING FORAN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE;
AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE
LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
WHEREAS, Ken Caffey, agent for Oakbrook Estates, Ltd., Owner, filed on
December 8, 1999, an application for amendment 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 applications for amendment attached hereto, and made a part
hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 14th day of February, 2000, 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
ORDINANCE NO. 509-416
"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 28th day of February, 2000, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Ken Caffey, agent for Oakbrook
Estates, Ltd., 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 (R-l) to Single Family Dwelling District Planned Unit
Development (R-2 PUD); and
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 a regular meeting on March 13, 2000, 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 Ken Caffey, agent for Oakbrook Estates, Ltd., Owner, 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:
I.
The following described property located within the corporate City limits of the City
of Pearland, Texas, and presently classified as Single Family Dwelling District (R-l) to is
2
ORDINANCE NO. 509-416
hereby for all purposes changed and reclassified as Single Family Dwelling District
Planned Unit Development (R-2 PUD); such property being more particularly described as:
A 120.417 acre tract in the W.D.C. Hall League, A-70 & parts of Lots 13-24, S.W.
Narregang Subdivision, Volume 1, Page 92 & also Lots 1 & 2, George W. Jenkins
Subdivision, Volume 79, Page 616, Brazoria County map records (Oakbrook
Estates)
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.
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.
3
ORDINANCE NO. 509-416
Mo
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.
Declaration of Emergency. The Council finds and determines that the need to regulate
land use inures to the benefit of the public and, therefore, bears directly upon the health,
safety and welfare of the citizenry; and that this Ordinance shall be adopted as an
emergency measure, and that the rule requiring this Ordinance to be read on two (2)
separate occasions be, and the same is hereby waived.
VIII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
4
ORDINANCE NO. 509-416
PASSED, APPROVED, and ADOPTED on First and Only Reading this 13th day of
March, 2000.
TOM REID
MAYOR
ATTEST:
UyNG,~¢(~ ~/
SECRETARY'"
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
Change in Regulations in Section #:
Specific Use for: *
Property address:
Lot: Block:
Metes & Bounds Description:
(nnplatted property only; attach ~;urvey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's ltame:
Owner's mailing address:
Owncr'~, telephone number:
Agent's mailing address:
Agent's telephone number:
PETITION- As owner/agent, I hereby petition the City :fOr approval of the above described request as
provided by the laws of lhe State of Texas and Ordil~ances of thc City o[ Pentland. *On a Spc6ific Use
Pcrmil reques~ to allow a residential usc in a business zone (OP, NS, GB), I acknowledge that suet, use
may tx:, incompatiNe with current and future uses on properties in ~ny vicinity.
R-1
R-lO)
ESTATES
M-1
R'-,3
174
M-1
City of Pe~ Texas
O.N(BROOK ESTATES, LTD.
ZONE CHANQE
FROM
TO
AI~, I~o.:855 ~ SHEET
HO~Z; 1
!
~ ~-D. SMITH 9g--805,I.A OF I
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
R-2 MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
R-3 MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING
DISTRICT
MF MULTI - FAMILY DWELLING DISTRICT
PUD PLANNED UNIT DEVELOPMENT DISTRICT
M-1 LIGHT INDUSTRIAL DISTRICT
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. Date '~-'~ v,._ Z. '5' -/- ~ 20 ~ c,
No. Date 20 __
No. Date 20 __
No. Date 20 __
No. Date 20 __
15-.r~ident
Subscribe and sworn to before me this
20 c,o
~"~~"~~n~, Publisher
N of Texas
NOTICE ~'~OF' . JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMUISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 14th day of February,
2000, at 6:30 p.m., the City
Council and the Planning and
Zoning Commission of the
City of' Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct
a Joint Public Hearing in the
Council Chambers, City Hall,
3519 Liberty Drive, Peariand,
Texas, on the request of Ken
Caffey, agent for Oakbrook
Estates, Ltd., owner, for an
amendment to*the Land Use
and Urban Development
'Ordinance (~f said City from
Classification Single Family
Dwelling District (R:I) to
Single Family Dwelling
District Planned Unit
Development (R-2 PUD) on
the following described prop-
erty, to wit:
Being a '120.417 acre tract in
the W D,C. Hall League, ArT0
& parts of Lqts
s*.W. :~aFagang-'Sdbdivi~Jo~;
2, G.e~~ bdi~i:
Bra~o~ ~c0rdS
At said
/j'pa~ieA.:~~ right
and op~. rand
be hea~ ~ .~ ~,
YoUng Lo~
Ci~ S~rem~
APPLICATION NO. 885
r'r UAVlT OF PUBLICATION
The Pearland Reporter News
2404 South Park
PearJand, Texas 77581
Its of Texas
Izoda and Harris Counties
:andy Emmons, hereby certify that the notice hereby appended was Published
Irazoria and Hards Counties in THE REPORTER NEWS, a .newspaper Of general
ulation in Brazoria'and Harris Counties, for /
~ssues, as follows:
No.
.No.
No.
No.
Date
Date
Date
Date
Date
President
~ribe and sw°rn to before me this.
'~
Notary Pubii00 Stat~ or Ts:
(as
hot
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL'AND THE
PLANNING AND ZONING
COUUISSION OF THE CITY.
OF PEARl. AND, TEXAS
NOtice is hereby given that on
the 14th day*of FebrUary,
2000, at 6:30 p.m., the City
Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
- Counties,' Texas, will conduct
a Joint Public Hearing~in the
Council Chambers, City Hall,
3519 Lberty Drive Pearland,
Texas, on the request of Ken
Caffey, agent for Oakbrook.
Estates, Ltd., owner, for-an
{~mendment. to the Land Use
and Urban Development /
Ordinance of said Cityfrom I
Classificati0n single. ~:amiiy
Dwelling Dist~dct'(R~l,). to
DeveloPment;~(~'~'
the:follow ng.d~cribed Pt0P:
j Being a~ ~20.4~;7~ aCi~e tract in
J the W.O,C;:Hail:League, A-70
;&:pa~s~Of~t~O~;.13'through 24,
-$;w~.~Na~:~gang subdivision,
Vol 1; pg92 & also Lots 1 &
2, Geo. W.:Jenkins subdivi-
I Br~zorJa CPi m~ rec6rds
I. At'said hea~ng all interested
parties shall have the right
and opportunity to appear and
*be heard on the subject. ~
Young Loding...
February 28, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 885
Request of Ken Caffey, agent for Oakbrook Estates, Ltd., owner, for an amendment to the
Land Use and Urban Development Ordinance of said City from Single Family Dwelling
District (R1) to Single Family Dwelling District Planned Unit Development (R2-PUD) on
the following described property, to wit:
Being a 120.417 acre tract in the W.D.C. Hall League, A-70 & parts of Lots 13-24, S.W.
Narregang subdivision, Vol. 1, pg 92 & also Lots 1 & 2, George W. Jenkins subdivision, Vol.
79, pg 616, Brazoria Co. map records (Oakbrook Estates)
Honorable Mayor and Council Members:
At a regular meeting held on February 21, 2000 after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Donald Glenn
to recommend approval of Zone Change Application No. 885.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely, ~ /
Mary Stat~r, Chairman
Planning & Zoning Commission
Exhibit
Ordinance No. 50916
OAKBROOK ESTATES
Planned Unit Development
Formal Application
City of Pearland
City Council & Planning and Zoning Commission
Submitted by:
Oakbrook Estates, Ltd.,
Greatmark International, Inc., General Partner
7676 Woodway, Suite 238
Houston, Texas 77063
February 1, 2000
SCAIVl~~~~D
APR 0 7 2008
CITY SECRETARY
OFFICE
OAKBROOK ESTATES
Planned Unit Development
Formal Application
City of Pearland
City Council & Planning and Zoning Commission
Submitted by:
Oakbrook Estates, Ltd.,
Greatmark International, Inc., General Partner
7676 Woodway, Suite 238
Houston, Texas 77063
February 1, 2000
Table of Contents
1. Written Documents
Legal Description
Planning Objectives
Development Schedule
Property Management Statement
Quantitative Data
2. Site Plans
Survey
General Plan
Proposed Water Layout
Proposed Sanitary Sewer Layout
Proposed Drainage Layout
S
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C
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N
Oakbrook Estates
C(1)(a). A legal description of the total site proposed for development, including a
statement of present and proposed ownership and present and proposed zoning.
A legal description of the proposed site is located on the following page.
The existing owner is Mr. Tom McMichael, Guardian of the Estate of Alma
Barnes Snyder and the proposed owners are Oakbrook Estates, Ltd. and
Greatmark International, Inc., General Partner.
The existing zoning is R-1 and the proposed zoning requested by this application
is R-2 PUD.
C(1)(b). A statement of planning objectives to be achieved by the PUD through the
particular approach proposed by the applicant. This statement should include a
description of the character of the proposed development and the rationale behind the
assumptions and choices made by the applicant.
The planning objective is to obtain a R-2 PUD designation for the property in
order to extend the existing single family development of Oakbrook Estates
(Sections 1-4).
C(1)(c). A development schedule indicating the approximate date when construction of
the PUD or stages of the PUD can be expected to begin and be completed.
The following construction schedule is based on the projection of selling 8 lots
per month and is subject to change in accordance with market demands.
Section
No. Lots Begin WS&D and
Paving Construction Begin Home
Construction
5 101 May 2000 September 2000
6 80 October 2000 February 2001
7 84 October 2001 February 2002
8 123 October 2002 February 2003
General Business n/a
* The General Business Reserve most likely would not be developed until all residential
development and the construction of Pearland Parkway has been completed.
C(1)(d). A statement of the applicant's intentions with regazd to the future selling or
leasing of all or portions of the PUD, such as land azeas, dwelling units, etc.
All single family lots will be sold. All reserves will be owned and maintained by
the homeowner's association. The commercial reserve will be sold to and
developed by others.
C(2)(e). Quantitative data for the following: total number and type of dwelling units;
proposed lot coverage of buildings and structures; approximate gross and net residential
densities; total amount of open space (including a sepazate figure for usable open space);
total amount of nonresidential construction (including a sepazate figure for commercial of
industrial facilities); economic feasibility studies or market analysis where necessary; and
other studies as required by the review authority.
Total number of single family lots ~ - 388
Total number of reserves 7
Average lot coverage of buildings 40%
Gross residential density 3.22 units/acre
Net residential density 3.83 units/acre
*Reserves(open space) 7.5 acres
Reserves (detention area) 7.3 acres
Reserves (general business) 5.7 acres
*Reserves A, E, and G will be dedicated to the City of Peazland at the time of platting of
property adjacent to the reserves. Dedication of such Reserves shall satisfy the Park
Dedication requirements for this P.U.D.
METES AND BOUNDS DESCRIPTION
120.417 ACRES
W.D.C. HALL LEAGUE, ABSTRACT 70
BRAZORIA COUNTY, TEXAS
Being a 120.417 acre tract of land situated in the W.D.C. Hall League, Abstract 70, Brazoria County,
Texas, and being part of Lots 13 through 24 of the S.W. Narregang Subdivision as recorded in Volume
1, Page 92, Brazoria County Map Records, and also being part of Lots 1 and 2 of the George W.
Jenkin's Subdivision as recorded in Volume 79, Page 616, Brazoria County Map Records. Said
120.417 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1 /2-inch iron rod found marking the most easterly corner of Oakbrook Estates Section
Two, a subdivision of record in Volume 19, Page 553, Brazoria County Map Records;
THENCE along the southwesterly boundary line of said Oakbrook Estates Section Two, S 45-01-24 E,
1247.89 feet to the most southerly corner of said Oakbrook Estates Section Two, and being in the
common line of said S.W. Narregang Subdivision and said George W. Jenkin's Subdivision;
THENCE along said common line of S.W. Narregang Subdivision and George W. Jenkin's Subdivision,
S 44-59-30 W, 54.30 feet to a point for corner;
THENCE departing said common line of S.W. Narregang Subdivision and George W. Jenkin's
Subdivision, S 45-02-33 E, 1001.91 feet to a point for corner in the northwesterly right-of-way
(R.O.W.) line of Dixie Farm Road (80-feet wide);
THENCE along said northwesterly R.O.W, line of Dixie Farm Road, S 44-59-30 W, 1285.83 feet to the
most southerly corner of aforementioned George W. Jenkin's Subdivision;
THENCE departing said northwesterly R.O.W. line of Dixie Farm Road and along said southwesterly line
of said George W. Jenkin's Subdivision and aforementioned S.W. Narregang Subdivision ,
N 44-58-02 W, 3074.24 feet to the most southerly corner of Shadycrest Subdivision, a subdivision of
record in Volume 8, Page 95-98, Brazoria County Map Records, same being the most westerly corner
of said S.W. Narregang Subdivision;
THENCE along the common line of said Shadycrest Subdivision and said S.W. Narregang Subdivision,
N 44-48-39 E, 2483.14 feet to a point for corner;
THENCE departing said common line of Shadycrest Subdivision and S.W. Narregang Subdivision,
S 45-00-30 E, 225.00 feet to a point for corner;
THENCE N 44-48-39 E, 308.24 feet to a point for corner;
THENCE S 61-47-33 E, 298.31 feet to a point for corner;
THENCE S 76-18-39 E, 182.25 feet to a point for corner;
THENCE S 10-05-26 W, 291.75 feet to a point for corner;
THENCE S 44-59-30 W, 1395.92 feet to the POINT OF BEGINNING and containing 120.417 acres of
land.
Compiled by: .
TURNER COLLIE & BRADEN INC.
Engineers • Planners • Project Managers
TEXAS Austin/Dallas/Fort Worth/Houston/Rio Grande Valley
COLORADO Denver
June 22, 1999 Job No. 21-04007-005
S
E
C
T
I
O
N
Oakbrook Estates
C(2). A site plan and any maps necessary to show the major details of the proposed PUD
must contain the following information:
a. The existing site conditions including contours are shown on the attached
survey.
b. Proposed lot lines and reserves are shown on the attached General Plan.
Preliminary architectural renderings of atypical single family structure are
currently not available but proposed structures should compare to the existing
homes in the adjacent Oakbrook Estates Sections. Preliminary architectural
renderings of the structure(s) proposed for the commercial reserve are not
available as this project will probably be developed by others.
d. The location and size of all reserves is shown on the General Plan. The
existing recreational area in Oakbrook Estates Section 1 has adequate facilities
to serve the additional residential area in the proposed PUD.
e. The existing and proposed circulation system of all streets is shown on the
General Plan. It should be noted that there is no direct connection to the
existing streets in Shadycrest Subdivision.
f. Sidewalks are not shown on the General Plan but will be constructed by the
home builder were required by the City of Pearland' s Land Use & Urban
Development Ordinance.
g. The existing and proposed water, sewer, and drainage systems are shown on
the attached utility layouts.
h. Landscaping is not shown on the General Plan but each builder will be
required to plant one tree per lot. The applicant also intends to plant trees
along the residential portion of the project along Dixie Farm Road.
Landscaping along Pearland Parkway will be in accordance with the standards
specified in the City of Pearland Code of Ordinances Corridor Overlay
District.
i. A wood fence with brick columns spaced every 100 feet is proposed along the
residential portion of the project along Dixie Farm Road.
N. T. S.
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------------------
DIX/E FARM ROAD DIXIE FARM ROAD
LEGEND:
65-FOOT LOTS
70-FOOT LOTS
`~J~ ~b ~I 11a~1 11~ ~~~.b ~1 ®~
OWNER:
OAKBROOK ESTATES, LTD.,
GREATMARK INTERNATIONAL, INC., GENERAL PARTNER
CLINTON F. WONG, PRESIDENT
7676 WOODWAY, SUITE 238
HOUSTON, TEXAS 77063
713-784-6102
FEBRUARY, 2000
~Op]]~~]g~]~, SURVCON INC.
Er~lnnn • Vl~mw, • Prolwl Wrv~n ~ PROFESSIONAL E77RtEY0R9
5757 WOODWAY 5757 WOODWAY
HOUSTON, TEXAS 77057 HOUSTON, TEXAS 77057
713-780-4100 713-780-4123
JOB N0. 21-04007-005
RESERVES DATA
RESTRICTED RESERVE 'A' 5 AC.
COMMON OPEN SPACE
RESTRICTED RESERVE 'B' S.7 AC.
GENERAL BUSINESS
RESTRICTED RESERVE 'C' 2 AC.
DETENTION POND
RESTRICTED RESERVE 'D' 0.2 AC.
COMMON OPEN SPACE
RESTRICTED RESERVE 'E' I AC.
COMMON OPEN SPACE
RESTRICTED RESERVE ' F' 5. 3 AC.
DETENTION POND
RESTRICTED RESERVE 'C' 1.3 AC.
COMMON OPEN SPACE
~~~~
388 TOTAL LOTS
02-22-~200D