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Ord. 509-027 10-28-91ORDINANCE NO. 509-27 AN ORDINANCE 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 GREEN TEE SUBDIVISION FROM SINGLE FAMILY DWELLING DISTRICT (R-l) TO R-3 PLANNED UNIT DEVELOP- MENT (R-3 PUD) AT THE REQUEST OF JIM SMYTHE, AGENT FOR GOLFCREST COUNTRY CLUB, OWNER; PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Jim Smythe, filed on July 10, 1991, Section 28 of Ordinance No. Agent for Golfcrest Country Club, Owner, an application for amendment pursuant to 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 was WHEREAS, on the 29th day of July, 1991, a joint public hearing held before the Planning and Zoning Commission and the City Council of publication publication purposes, the City of Pearland, Texas, notice in the official newspaper of the City, being attached hereto and made a part as Exhibit "B", said call and notice conformity being given by the affidavit of hereof for all being in strict Ordinance with the provisions of Section 28.3 and 28.4 of No. 509; and WHEREAS, Commission of the City submitted its report and recommendation to City Council regarding the proposed amendment application of Smythe, Agent for Golfcrest Country Club, Owner, whereby on the 30th day of July, 1991, the Planning and Zoning the Jim it 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 R-3 Planned Unit Development (R-3 PUD). WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application at its regular meeting on August 28, 1991; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, having been fully advised in the premises, finds that in the case of the application of the owner named in the application, facts were presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE TEXAS: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, 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-I) is hereby for all purposes changed and reclassified as R-3 Planned Unit Development (R-3 PUD): 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 widel THENCE, N 45 degrees 00' 30" E, along the southerly line of the said Country Club Drive a distance of 1433.00 feet to a found 5/8 inch iron rod; THENCE, S 44 degrees 50' 30" E, a distance of 140.00 feet to a e/~'~set 5/8 inch iron rod; THENCE, S 45 degrees 00' 30" W, a distance of 1433.00 feet to a set 5/8 inch iron rod; THENCE, N 44 degrees 59' 30" W, inch iron rod on the southeasterly comer of the said Lot 4, distance of 140.00 feet to the POINT OF BEGINNING and 4.6056 acres (200,620 square feet) of land more or less. at 20.00 feet pass a found 5/8 in all a containing 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 & Zoning Commission and to the City Council for consideration and decision- 2 III. The City Council of 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 and 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 City under this Ordinance and its amendments thereto shall be and preserved for the benefit of the City. the are 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. The Ordinance shall become effective approval on second and final reading. PASSED and APPROVED on First Reading /~~_~/~_~,.~r. D., 1991. after its passage and this ~-~ day of c. v. coPP MAYOR ATTEST: 3 day of PASSED and APPROVED on Second and Final Reading this ~~__j~, A. D., 1991. c.'v. coPP MAYOR ATTEST: APPROVED AS TO FORM: LESTER G. RORICK CITY ATTORNEY EXHIBIT "B" AFFIDAVIT OF pUBLICATION Before me, the undersigned authority, on this day personally appeared GLORIA BOIKE, Business Manager for THE JOURNAL. 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 foil?wing date(s), to wit: , 19 . 19 Subscribed and sworn ~USINESS IvLA-NAGEP, NOTICE NOTICE OF A JOINT PUBLIC - - HEARING OF THE CITY COUNCIL ~ AND RY ~pt, AmmaN~anoa~Nnq~'colnnssmal,, STATE OF TEXAS ZONING CHANGE REQUESTED CIIY UF PEARLAIIU EXHIBIT "A" LAND USE CIIAltGE APPLICATION BOARD OF ADJUSTMENT & APPEAL ( ) Change in Regulations in Section ( ) Cha,lge tn Zone Class From: R- 1 To: R -3 PUD Variance AI}peal Apl,eal from l.terpretation Special ExcepI;to. Use For: PROPERTY iDENTiFICATION: Street or Road Address: 2700 Block of Country Club Drive Lot . Block . Addition SUBMITTAL INFORMAT ION: 1. 'Must be professionally drawn x 5. '2. 'Minimum scale of 100' to inchX 6. 3. North Arrow 4. Site map attached LEGAL DESCRIPTION: Describe from Deed Records, attach copy of Deed, and use metes and bounds description: " Tract Dimension X Location, size, r'~llEl~hip of all existing structures to boundary lines N/A Platted Land: Unplatted Land: (Must have metes & bounds description) See Attached ~ROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: Patio Homes with Zero Lot Lines - See Attached RECORD OWNER: Golfcrest Country Club 'OWNER'S MAItlNG ADDRESS & PllONE NO.: P.O. Box 35 Pearland, Texas AGENT ' S NAME: Jim S. mythe, President AGENT'S MAILING ADDRESS: P.O. Box 35, Pearland, Texas 77588 485-4323 NO. 485-4323 77588 PETITION: As OWNER/AGENT , I hereby petition the City for approval the a ove described request as provided by the la f the State ex nd 0 ces of the City of Pearland. \. ~~~~a~~ ' '~' ~ "' . S I NAT U~ ' ~.4' ' ~' S IGNATUR~ ~ Z//~~'/~i G d ' " ~ner . Y ~ ~ ~ ~ ~' ~ FEE: $ 25.0~' DATE PAID' ~/~ - ~7 RECEIVED U :~/~,; .... '-~ DATE FILED: ' 'APP~ ICAT IOH NO. LENTZ . ENGINEERING CONSULTING CIVIL ENGINEERS AND PLANNERS FIELD NOTES FOR A 4.6056 ACRE TRACT W.D.C. HALL SURVEY, A-23 PEARLAND, HARRIS COUNTY, TEXAS 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 beingin 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 County Club Drive, 60 feet wide; THENCE, N 45° 00' 30" E, along the southerly line of the said Country Club Drive a distance of 1433.00 feet to a found 5/8 inch iron rod; THENCE, S 44° 50' 30" E, a distance of 140.00 feet to a set 5/8 inch iron rod; THENCE, S 45° 00' 30" W, a distance of 1433_00 feet to a set 5/8 inch iron rod; THENCE, N 44° 59' 30" W, 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) land more or less. OF p A /red E. Lentz_ R_P_L.S. #2413 ... • �j! *�•• •�� E. LENT. t .;0 2413 / 77,179.16ssVotP.OQ -L 4/ 1328 SOUTH LOOP WEST,SUITE 201 • HOUSTON,TEXAS 77054 (713) 796-1212 • FAX (713) 796-1219 f iARA1S CCiU , ` , F.H. 4- RESERVE BLOCK 3 GREEN TEE TERACE TOW HOMES • F.H. LOT 2 B LO GREEN TE SE a' SAN. SWR. M.H. 25' M w O 0 ci K 4 11) TERRACE 1 LL; LOT 1 10' U.E. z 60.00' .. `.10•• SAN.WR. ",• ihi� r swa, Nut 60.00' - 53.00' NOTES: LOT 1 0 0 60.00' LOT 3 0 0 6a.00' 0 4 tri O OPEN SPACE 1. INDICATES ZERO LOT LINE 2. COMPENSATING OPEN SPACE = 20,700 SQ. FT. a 1 t W.V. 60.on. LDS •4 53.00' 20' U.1: 60.00' LOT 5 42•5 6" WATER 2TM.SWR. LOT 6 COUNTRY CLUB DRIVE y-4O.'5 _ 60' R.O.W. g�.Q LQ7 GAS VALVE PROP. 8" SAM. LOT 8 LOT 9 16' U.E. INLET i! N 4S° OO'--30".E — 1433.00' LOT 10 ir LOT 11 LOT 12 OPEN SPACE GREEN T _- �f4i O RESERVE BLOCK 7 TERACE TOWN OMES 4 2,0- PROP. I B" R.C.P. SUM._ SVWfi.-.� __.PROP MANHOLE 4 i.5 ``SLOT 13 S 45 ` 00' 30" W — 1433.0CY .--.�, a0 430 -- ---- 6 S T0. I SWR. FL 39.12 THOMAS P. ALEXANDER TO GOLFCREST COUNTRY CLUB VOL. 7259, pc. 5 H.0.D.P. LOT 14- LOT 15 3.0 FL40.12 7 , LOT BER M 1 7 t4� 61 LOT 17 t OF 'EX' ST! -DI-T.CH. EXIST. DITCH TO BE FILLED `42.0 7OT 18 PROJECT LOCAT,IO - O $&ady�rcirr``"/ 0 WV 'orr6.73 C� 6 i +s S. ¢ 7j00 :1/4\11;41' f - :: '..-.1:‘15 4,4 4'..4 : i °A,is N. 4 6 y,.ti7Rry ofc¢ ¢ °0 .4' r'`T 'vim• 4P. h 4- C VICINITY MAP SCALE: 1" 1 /2 MI: '7 PROP MANHOLE LOT 19 LOT BERM - - = LOT 21 LOT 22 60.00' PROP g '0:52; P11 .. STI1 . ` SWR. iip .. 0 LOT 23 wd- * 60 00' /d a 0 0 0 DEVELO V) E N T FOR DLAT 4.6056 ACRES W.D.C. HALL SURVEY ABSTRACT 23 PEARLAND, HARRIS COUNTY, TEXAS LENTZ ENGINEERING 1328 SOUTH LOOP WEST, SUITE 201 HOUSTON, TEXAS 77054 PH. (713) 796--1212 SCALE: 1" = 50' DATE: J U LY, 1991 DRAWN BY: F.D. CHECKED BY: A.L. PROJECT NO.: 91037 FIELD BOOK NO.: 37 DRAWING NO.: 1 OF 1