Ord. 509-542 10-22-01ORDINANCE NO. 509-542
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 LOTS 1-5, BLOCK 2, PINE
HOLLOW, SECTION 2-A, AS RECORDED IN VOLUME 2, PAGE 20,
B.C.D.R., PERRY &AUSTIN LEAGUE, A-111, ACCORDING TO THE MAP
OR PLAT THEREOF RECORDED IN VOLUME 20, PAGES 277-278, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
994)(3513, 3515, 3517, 3519 & 3521 PINE VALLEY DRIVE) FROM
CLASSIFICATION COMMERCIAL DISTRICT (C) TO SINGLE FAMILY
DISTRICT (R-3) AT THE REQUEST OF R. WEST DEVELOPMENT CO.,
INC., AGENT FOR HOUSTON PINE HOLLOW ASSOCIATES, LTD., AND
BRIGHTON HOMES, OWNERS, 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, R. West Development Co., Inc., Agent for Houston Pine Hollow
Associates, Ltd., and Brighton Homes, Owners, filed on August 20, 2001, 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 8`h of October, 2001, 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 and 28.4 of
Ordinance No. 509; and
WHEREAS, on the 9th day of October, 2001, the Planning and Zoning Commission
1
ORDINANCE NO. 509-542
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, R. West Development Co., Inc., Agent for Houston
Pine Hollow Associates, Ltd., and Brighton Homes, Owners, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Commercial District (C) to Single Family Dwelling
District (R-3); 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 October 22, 2001, 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 R. West Development Co., Inc.,. Agent for Houston Pine Hollow
Associates, Ltd., and Brighton Homes, Owners, 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 Commercial District (C) to is hereby for all
purposes changed and reclassified as Single Family Dwelling District (R-3); such property
being more particularly described as:
Lots 1-5, Block 2, Pine Hollow, Section 2-A, as recorded in Volume 2, Page 20,
B.C.D.R., Perry & Austin League, A-111, according to the map or plat thereof
2
ORDINANCE NO. 509-542
recorded in Volume 20, Pages 277-278, plat records of Brazoria County, Texas,
(3513, 3515, 3517, 3519, & 3521 Pine Valley Drive)
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.
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.
3
ORDINANCE NO. 509-542
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 22 day of
October ,2001.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-542
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12 day
of November , 2001.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
FILE No.564 08/17 '01 13:32 ID:R-WEST-DEVELOPMENT
ID:
FAX:2819972886
JMN Lf U1
PAGE 1/ 3
CITY OF PEARLAND '
ZONE CHANGE APPLICATION
revised 5/9/00
x _ Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for:'"
Propettyaddress: Off Dixie Farm Rd. & FM 518, Pentland, TX (See attached)
Lot: Lots 1-5 Block: 2 _ Subdivision: Pine Hollow Section 2A
Metes & Bounds Description: SEE ATTACHED
(unplatted property only; attach survey)
Tax I.D. number:
Current use of land: • 1. tte• subdivis on for sin:le famil residential
Proposed use of tend within requested designat
ion: Single family residential
(1) Houston Pine Hollow Associates, Ltd. - Lots 3-5, Block 2
Record owner's none: : - • , • , , , ,I - ots 1 & 2 Block 2
Owner'smeilittgaddress: 6302 Broadway, Suite 250, Pentland, Texas 77581
Owner's telephone number: (281) _997-1500
Agenf6ttaMO: R. West Development Co., Inc.
AgenesmailingaddaSE 6302 Broadway, Suite 250, Pearland, Texas 77581
A•eat'stele•honeumber: (281) 997-1500
PETITION: As owner/agent, I hereby petition the City for apprOVal o the a love.a e described On a Speciuest as Permit
provided by the laws of the ` tate of Texas and Ordinances of the City
request to allow a residen ' use in a biasiriess zone (OP; N5, GB), I acknbwlodge that such use may be
incompatible wR • , ^ °AI: Atha° uses on pro • ertics in my vicinity.
Owner's ai
Agent's s' : attire:
Date paid:
st•�7
r � '
ZONING APPLICATION NO. 994
area zoning map
Houston Pine Hollow Associates, Ltd.
Brighton Homes
3513, 3515, 3517, 3519 & 3521 Pine Valley Drive
Published $ep419 & Sept
2ti;2 Q1
FAJOINT
R)NG;OFTHE
oorA NG
Rlivalopgnpnt %Omance of,,
sokLOWN06000010ni
Cq erc btstiot (0) tD
Single FemjIy ;Dwelling
441`,9V ppi�e fpltoyt'
ing descnbed.pFdpetty, to
t,
tot* 5, Bloccr 2, June'
Hotldw •Section 2-A,,as
rOOpr0B 401
.§Re &.Aysin'
League A-111, aecotdingto
tthe rasa r °or .(flat tpqerepfr
rreccrded iin-Yolk 2b pgs-
277 275, plat recotds'of
Brozoria Co.,'TX (3513,,;
3515, $ 17, 3519 &`3521:'
PineiValla*Pn7e)
At saidh4r4ail,intlrest*
ad parties s1J have the
right and o ;;Yr toy
appear and be i
subject. ��,
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for ) issues, as follows:
No. 1 Date ' 210 20 61
No. Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this Zl day of 476
?0 01
•I/ ' �a, LAURA A. EMMONS • 2
%1 tes� �)aNota, Pac•State ofTexas
ekt C.l. i ISSIon
.. mmons, ublisher
Notary Public, State of Texas
9,4
,� ��q,$¥
itia 4 $9
ƒ/
u «rb
Kgrbinanne
fDeese
i,f
;Gd
psoperty;
( .
»
+
Cr*#
`;fz
1
, )....
At
/.
ka&!
npht and op -
Q
October 9, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 994
Request of R. West Development Co., Inc., agent for Houston Pine Hollow Associates, Ltd., and
Brighton Homes, owners for an amendment to the Land Use and Urban Development
Ordinance of said City from Commercial District (C) to Single Family Dwelling District (R-3)
on the following described property, to wit:
Lots 1-5, Block 2, Pine Hollow, Section 2-A, as recorded in Vol. 2, pg 20, B.C.D.R., Perry &
Austin League, A-111, according to the map or plat thereof recorded in Vol. 20, pgs 277-278,
plat records of Brazoria Co., TX (3513, 3515, 3517, 3519 & 3521 Pine Valley Drive)
Honorable Mayor and Council Members:
At a regular meeting held on October 8, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Don Sederdahl and seconded by Commissioner Kevin
McDonald to forward Zoning Application No. 994 to City Council for approval.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
icerely,
H. Charles Viktorin, Chairman
Planning & Zoning Commission
AFFIDAVIT01 PUBLICAT1ON
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. /•
subscribe and sworn to before me this
9
5Doi.-(153
m.t vty R:..e.. .. ;, a.�iG t -�
ra a i4rY` t�amQ s RUDII
cr,;rme,-,19" ( texas
Notary
Prbtt% is
U LI N Imo.
NOTICE OF PUBLIC gg
HEARING ON ANNEXATION
Notice is hereby given that a
public hearing will be held by
the City Council of the City of
Pearland, Texas, in the '
Council Chambers, City Hall,
3519 Liberty Drive, Pearland,
Texas, at 6:30 P.M. on
September 20, 1999, for the
purpose of considering annex-
ation into the city limits of the
;following property:
TRACT I- 48.7516 ACRES
(2.123'618 SQUARE FEET): \.
LEGAL DESCRIPTION 3
BEING A tract of land located
in the W.D.C..Hall Suney,
Abstract No. 23, Harris
County; Texas, and being out
of that tract of land conveyed
to Reed -West Investments,
Ltd. as per an instrument
recorded under County Clerk's
File No. T464162 of the
Official Public Records of Real
Property of Harris County, 1
Texas and being more particu-
larly described by metes and
bounds as follows:
BEGINNING at a 5/8 inch iron
rod found for the most wester-
ly northwest corner of the
herein described tract, same
being the west corner of
Green Tee Terrace Section 8,
a subdivision per map or plat
thereof recorded under Film i
Code No. 401002 of the Map ; -
Records of Harris County,
Texas;
THENCE South 44° 44' 49 j
East, along the south west line
-of-said.$eation 8j a distance of
400.07 feet a 5/8 inch iron rod
set for the most northerly h
northeast comer of the herein I
described tract, same being in
the northwest right -of way line
of Scarsdale Road (having a
100 foot wide right-of=way),
and the Beginning of a Curve
to the right whose center '
bears North 55° 53' 34" West; •
THENCE in a.southwesterly
direction along the arc of said
curve to the right, having a
Radius of 1200:00 feet, a
Central Angle of 20°44' 36",'
An Arc Length of 434.45 feet,.
and a Long Chord which bears
South 44° 28' 44" West,
432.08 feet to a 5/8 inch iron
rod set for the Point of
Tangency of the said curve to
the right;
THENCE South 54° 51' 02-
West, a distance of 139.67
feet to a 5/8 inch iron rod set
for a corner of the herein
described tract 'and the
Beginning of a Curve to the
right;
THENCE in a southwesterly
direction along the arc of said
curve to -the left, having a
Radius of-2050.00 feet, a
Central Angle of 09° 37' 37°,
An Arc Length of 344.44 feet,
' and a. Long Chord which
bears South.50° 02' 14" West,
344.04 feet to a 5/8 inch iron
rod set for the Point of
4 Tangency of the said curve to
the left; '
THENCE South 45° 13' 25'
West, a distance of 1545.45
r
feet to a 5/8 inch .iron rod set'
for a corner of the hereinl
described--tract, and the
Beginning of a Curve to the
right;
THENCE in a southwesterly
direction along the arc of said
curve to theright., having a
Radius of 1300.00 feet, a
Central Angle of 38° 26' 22-,
An Arc Length of 872.16 feet,
and •a Long Chord .which
bears South 26° 00' 14" West,
855.90 feet to a 5/8 inch iron
rod set for the Point of
Tangency of the said curve to
the right; ,
THENCE South 06° 47' 03°
West, a distance of 122.51,
feet to a 5/8 inch iron rod set
for a corner of the herein
described tract, and the
Beginning of a Curve,to the
left;
THENCE in a southwesterly
direction along the arc of said
curveto _the left, having a
Radius of 1200.00 feet, a
Central Angle of 42° , 45' 14",
An Arc Length of 895.44 feet,
„and a Long Chord which
bears South 28° 09' 40" West,
874.81 feet to a point in the
centerline of Clear Creek;
THENCE pstrea _with the
centerline of C;ea(sk and
its meande as fcilreNTO
1,',0rth 26° 52' 45"_West,a dis-
tance�.of 74:20, feet to -an
-angle point; North 49° 50' 58"
West, a distance of 310.85
feet to an angle •point; North
24° 28' 35"West, a distance
_of�223.54feet to an angle-_
pelrk nrth62° 18' 29"_West;~
a distance107.45 feet to an'
angle point;
South 71 ° • 37' 06 West, a dis-
tance of 220.02 feet to an
angle point;
South 74° 08' 30° West, a dis-
tance of 367.86 feet to an
point being the most westerly
southwest comer of the herein
described tract;
THENCE North 45° 13' 25°
East, with -the -northwest -line
of the herein described tract,
same being the southeast line
of Green Tee Terrace,
Section 2, a subdivision per
map•or plat thereof recorded
in Volume 172, Page 111 of
the Map Records of Harris
County, Texas, a distance of
4,677.27 feet to the PLACE
OF BEGINNING, containing
48.7516 acres (2,123,618
square feet) of land. -
TRACT II- 265.8501 ACRES
(11.580.430 SQUARE FEET):
LEGAL DESCRIPTION
BEING a tract of land located
in the W.D.C. Hall Survey,
Abstract No.23, Harris
County, Texas, and being out
of that tract of land conveyed
• to Reed -West Investments,
Ltd. As per an instrument
' recorded under County
Clerk's File No. T464162 of
the Official Public Records of
Real Property of Harris
County, Texas and being
more particularly described by
metes and bounds as follows:
BEGINNING at a 5/8 inch iron
rod found on the southeast
right-of-way line of Scarsdale
_ Road (having a 100 foot wide
• right-of-way) for the west cor-
ner of Sagemont First Home,
a subdivision per map or plat
• thereof recorded under Film
Code No. 389035 of the Map
I Records of Harris County,
Texas; __,.
I THENCE South 44° 44' 49"
East, along the southwest line
.- ;'`af said Sagemont First Home,
-"a-distance of 539.47 feet to a -
5/8-inch iron rod found for an
interior corner of the herein
described tract, same being
the south corner of the said
Sagemont First Horne;
i THENCE North 45°14° 48°
r East, with the southeast line
of the said Sagemont First
Home, a distance of 341.58
feet to a 5/8 inch iron rod set
for the most northerly comer
z)f the herein described tract;
THENCE South 45°'07' 47"
West, along an.exterior line of
the hereindescribed tract,
same being the northwest line
of that tract conveyed to
Roosevelt Texas Holdings, as
per an instrument recorded
under County Clerk's File No.
• File No. R157894. of the said
• Official Public Records of
Harris County, Texas, a dis-
tance of 585.76 feet to a 5/8
inch iron rod found for an'inte-
rior corner of the herein
described tract;
i THENCE South 44° 50' 35"
I East, along the most easterly .
northeast line of the herein
described tract, same being
the most northerly southwest
} line of a called 51.1982 acre
I tract conveyed`to Roosevelt •
f Texas Holdings Co., Inc. as
per an instrument recorded .
; under County Clerk's File No..?
t R157894 of the said Official j
Public Records, a distance of ;
1,041.71 feet to an angle
point of the herein described
tract;
THENCE South 45° 09' 25° '
West, a distance of 167.27
feet to a 5/8 inch iron rod ;
found for an interior angle cor-
ner of both the called 51.1982
acre tract and the herein
described tract;
THENCE South 44° ___50' 35" _
"East, along the most southerly , _
.northeast line of the herein
described tract, same being -
the most southerly southwest ,
I line of the said balled 51.1982 .
acre tract a -distance of.:.-_ ,
1,_1041.65 feat Ara 5/8 inch iron
;, rod found forthe-south cdfier -
of. the herein southerly south-.
1 west line, a distance of
1041.65 feet to a 5/ 8 inch
iron rod;found for the south
i cbmer of the herein described '
tract said 5/8 inch iron rod -,
I also being in the northwest ;
line of a called 78.773 acre
tract as conveyed to the
[Harris County Flood Control
IDistrict as per an instrument '
recorded • under County •
Clerk's File No. J237306 of
.I the said Official Public '
Records; •
I THENCE South 45° 09' 25" •
[Vest, along the said north-
i west line, same being the ;
I southeast line of the herein
described tract, a distance of
1163.04 feet to a point in the
centerline of said Clear Creek
for the southerly comer of the
herein described tract,
j THENCE upstream with the
( centerline of Clear Creek, fol-
lowing its meanders, the fol-
iI lowing courses and distances:
INorth 76° 16' 19° West, a dis-
tance of 162.56 feet to an
angle point: North 87° 07' 01°
West, a distance of 184.73
feet to an angle point; North
71 22' 03" West, a distance
of 296.68 feet to. an.angle
point; North 63° 44' S8- West,
a distance of 247.51 feet to an
angle point; North 82° 35' 36-
• West, a distance of 226.75
feet to an angle point; North
74° 54' 43° West,_a,distance
'of 420.15 feet to an angle
i pant; South 83° 26' 41' West,
'adstance of 150.47 feet to an
angle point;, South'57° 29' 34"
West, a distance of 131.85
feet to an angle point; South
., 38° 51' 19 West, a distance
of 96.57 feet: toy an angle
point; South 28° 11' 38" West,
a distance of 162.56 feet to an
angle point; South 43° 03'54'
West, a distance of 150.06
feet to an angle point; South
49° 11' 22West,-a distance of
290.48 feet to an angle point;
South 36° 13' 14" West, a dis-
tance of 140.37 feet to an
angle point; South 52° 48' 11'
West, a distance of 122.17
feet to an angle point; South
60° 15' 48°.West, a distance
of 94.61 feet to an angle
point;.South 73° 27' 21" West,
a distance of 687.26 feet to an
angle point; South'87° 59' 00"
West, a distance of 74.35 feet
to an angle point; North 66°
36' 59" West,,a distance of
82.97 feet to an angle point;
North 39° 26' 24" West, a dis-
tance of 111.80 feet to an
angle point; North 39° 48" 37°
West, a distance of 161.12
feet to an angle point; North
44°.54' S7- West, a distance
' of 207.29 feet to an angle
point; North 11° 57' 16" West,
a distance of 235.57 feet to an
angle point; North 57° 58' 43"
West, a distance of-436.69
feet to an angle point; North
.r 26" 52''45" West, a distance
f.,142.98 feet to an angle
point for the most westerly
comer of the herein described
tract and the Beginning of a
curve to the left whose center
bears North 39° 23' 57' West;
THENCE in a northeasterly
direction along the arc of said
curve to the left, having a
Radius of 1300.00 feet, a
Central Angle of 43° 49', 00",
An Arc Length of 994.17 feet,
and a Long Chord which
bears North 28° 41' 33" East,
970.12 feet to a 5/8 inch iron'
rod `set for the Point of
Tangency of the said curve to
the left; -
THENCE North 06° 47' 03"
East,.a distance of 122.51 feet
to a 5/8 inch iron rod set for
the Beginning of a curve to the
right;
THENCE in a ,northeasterly
direction along the arc of said,
curve to the right, having a
Radius of 1200,00 feet, a
Central Angle of 38° 26' 22",
An Arc Length of 805.07 feet,
and a Long Chord which
bears North 26° 00' 14" East,
790.06. feet to a 5/8 inch iron
rod set for the Point of
Tangency of the said curve to
the right;
THENCE North 45° 13'-25°-
•East, a distance of 1545.45
feet to a 5/8 inch iron rod set
for the Beginning of a curve to
the right;
THENCE in a northeasterly
direction along the arc of said
curve to the right, having a`
Radius of 195Q.00 feet, a
Central Angle of 09° 37' 37°,
An Arc Length of 327.64 feet,
and a Long Chord which
bears North 50° 02' 14" East,
327.26 feet to a 5/8 inch iron
rod, set for the ,Point of
Tangency of the said curve to
the right;
THENCE North 54° 51' 02"
East, a distance of 139.67 feet
to a 5/8 inch iron rod set for
the Beginning of a curve to the
left;
THENCE in a northeasterly
direction along the arc of said
curve to the left, having a
Radius of 1300.00 feet, a
Central Angle of 19° 52' 35°,
An Arc Length, of 450.98 feet,
and a Long Chord which
bears North 44 54' 45" East,
448.72 feet to the -PLACE OF
BEGINNING, containing
265.8501 acres (11,580,430
square feet) of land.
Prepared by:
REKHA Engineering, Inc.
Job No. 1374
8-26-99
All interested citizens and
property owners are hereby
notified of their righttoappear
and be heard on the matter.
Young Lorfing
_City Secretary.
This site is accessible to dis
abled individuals. For -special
assistance, such as the need
for deaf interpreters or braille
materials, please call Young
Lorfing at 281-652-1600, prior
to the meeting so that appro-
priate arrangements can be
made. -