Ord. 509-545 11-12-01 ORDINANCE NO. 509-545
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 DESIGNATING THE CLASSIFICATION OF CERTAIN
REAL PROPERTY LOCATION BEING 832 ACRES OF LAND, MORE OR
LESS, BEING GENERALLY LOCATED IN SECTION 32, H. T. & B. R.R. CO.
SURVEY OR C.W. GROOS SURVEY, A~525 AND SECTION 31, H. T. & B.
R.R. COMPANY SURVEY, A-293, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 1004)(TRACT 4 - BAILEY ROAD @ CR 143) AS
CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT
(RE), 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, on November 12, 2001, THE City Council of the City of Pearland, by
Ordinance No. 1037, annexed into the City the territory described in Exhibit "A" attached
hereto; and
WHEREAS, on the 22® 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 23ra day of October, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed zoning classification for the property described in Exhibit "A", whereby the
Commission recommended and approved the classification of the property described in
Exhibit "A" as Estate Lot Single Family Dwelling (RE) and
ORDINANCE NO. 509-545
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this proposed zoning application, and concurred with the
recommendation of the Planning and Zoning Commission, at a regular meeting on
November 12, 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 the property
described in Exhibit "A" in the judgment of the City Council, should be assigned the zoning
classification herein proposed, now, therefore;
B E IT ORDAIN ED 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, is hereby for all purposes classified as Estate Lot Single Family
Dwelling (RE), such property being more particularly described as:
832 acres of land, more or less, being generally located in Section 32, H. T. & B.
R.R. Co. Survey or C.W. Groos Survey, A~525 and Section 31, Hi T. & B. R.R.
Company Survey, A-293, Brazoria County, Texas (Tract 4 - Bailey Road @ CR 143)
I1.
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 zoning classification has been
made. The City
2
ORDINANCE NO. 509-545
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.
II1.
The City Council of the City of Pearland finds and determines that the zoning
classification adopted herein promotes the health, safety, and general welfare of the public
and is a proper valid exemise 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.
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
3
ORDINANCE NO. 509-545
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 12 day of
November ,2001. (~
T~O-~-M REID
MAYOR
ATTEST:
~FY SF~RETARY ~' /
4
ORDINANCE NO. 509-545
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26 day
of November ,2001.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
X Change in Zoning Classification from: sn to:
__ Change in Regulations in Section #:
Specific Use for: *
Property address: (Tract 4 - CR 100 @ CR 143)
Lot: Block: Subdivision:
Metes & Bounds Description: 832 acres· more or less, Section 32, Il. T. & B. R.R. Co. ,or.:.
(unplatted property only; attach survey) C.g. groos Survey, A-525 & Section 31, 1t. T. & B. R.R.
/~o. ~urvey, &,--9'~j, Brazorl.a t~o. · 'Ix
Tax I.D. number:
Current use of land:
Proposed use of land within requested designation:
Owner's raailinE address:
Owner's telephone number:
Agent's name: city o£ Pearland
Agent's mailing address 3519 Liberty Drive, Pearland, ~X 77581
Agent's telephone number: 281-652-1635
PETITION: As owner/agent, 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 City of Pearland. *On a Specific Use Permit
request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be
incompatible with current and future uses on properties in my vicin/ty.
Owner's signature: Agent's signature:
Fees paid: $ ~q/c Date paid:
Received by: Application number:
EXHIBIT
METES AND BOUNDS DESCRIPTION
832 ACRES MORE OR LESS OUT OF
ABSTRACT NUMBER - 525 AND ABSTRACT NUMBER - 293
BRAZORIA COUNTY, TEXAS
The herein described 832 acres of land, more or less, being generally located in Section
32 H. T. 8< B. R. R. Company or C. W. Groos Survey, Abstract Number - 525 and
Section 31, H. T. & B. R. R. Company Survey, Abstract Number - 293, Brazoria County,
Texas; the north line being the south right-of-way line of County Road 100 (Massey
Ranch Road), the east line being partially along the west right-of-way line of County
Road 143 (Pearland Sites Road); the south line being partially along the north line of
City of Pearland Ordinance Number 31, said line being north of County Road 128
(Hastings Cannon Road); and the west line being along the common east line of the H.
Stevens Survey, Abstract Number - 593 and the west line of said Abstract Number -
525;
All that certain 832 acres of land, more or less, to be annexed into the City of Pearland
being out of Section 32, H. T. & B. R. R. Company or C.W. Groos Survey, Abstract -
525 and Section 31 H. T. & B. R.R. Company Survey, Abstract Number - 293, Brazoria
County, Texas and being more particularly described by metes and bounds as follows;
Beginning at a point marking the intersection of the south right-of-way line of said
County Road 100 and the common east line of said Abstract Number - 593 and the
west line of said Abstract Number - 525;
1. Thence Easterly - 7,880' more or less with the south right-of-way line of said County
Road 100, passing the common east line of said Abstract Number - 525 and the
west line of said Abstract Number - 293, to a point marking the intersection of the
south right-of-way line of said County Road 100 and the west right-of-way line of
said County Road-143;
2. Thence Southerly - 2,061' more or less with the west right-of-way line of said
County Road 143 to a point for corner;
3. Thence Westerly - 642' more or less with the north line of that certain tract
described in a deed dated 11-26-1963 from George W. Viser, et ux to H. A. Geissen,
et ux as filed in Volume 866, Page 436 Brazoria County Deed Records to a point for
corner;
4. Thence Southerly - 1,320' more or less with the west line of said H.A. Geissen tract
and the west line of those certain tracts described in a deed dated 10-06-1967 from
Gayle Cayce, et ux to Humble Pipeline Company as filed in Volume 982, Page 35
Brazoria County Deed Records and in a deed dated 08-22-1986 from Gayle Cayce, et
11-4.21-57~I M&b-832 acres 1 of 3
ux to Larry R. Hauboldt as filed in Volume (86)317, Page 849 Brazoria County
Official Records and in a deed dated 02-22-1961 from ]ames D. Brown, et ux to
lake Vaughn Carey, et ux as filed in Volume 787, Page 145 Brazoria County Deed
Records to a point marking the northwest corner of that certain unrecorded
subdivision known as Meadowview (Flora Addition Section 8);
5. Thence Westerly - 660' more or less with the north line of said Meadowview
Subdivision and the southerly line of that certain tract described in a deed dated 04-
06-1998 from Peggy Miller Hall, Executrix, et al, to Prabhakar Rao Draksharam,
Trustee as filed in Official Records of Real Property of Brazoria County at Clerk's File
Number 98-013045 to a point marking the northeast corner of said Meadowview
Subdivision;
6. Thence Southerly - 1,180' more or less with the common west line of said
Meadowview Subdivision and the east line of that certain tract described in a deed
dated 04-30-1910 from W. A. Crandall, et ux to Frank M. Baker as filed in Volume
99, Page 123 Brazoria County Deed Records to a point on the north line of said City
of Pearland Ordinance Number 31;
7. Thence Westerly - 1,301' more or less with the north line of said City of Pearland
Ordinance Number 31, said line being located 100' north of and parallel to the north
right-of~way line or the extension thereof of said County Road 128 to a point for
corner on the east line of that certain tract described in a deed dated 10-12-1998
from Glenn T. McDonald, et ux to Tejas Ship Channel, EEC., as filed in Official
Records of Real Property of Brazoria County at Clerk's File Number 98-044396;
8. Thence Northerly - 1,~.80' more or less with the west line of said Baker tract to a
point marking the northeast corner of that certain tract described in a deed dated
02-0~.-2001 from ]ames L. Wiley to Phyllis M. Wiley as filed in Official Records of
Real Property of Brazoria County at Clerk's File Number 01-005049;
9. Thence Westerly ~ 1,320' more or less with the south line of that certain tract
described in a deed dated 12-31-1992 from Lloyd R. Ferguson, et al, Executors, to
Rosalie Miller as filed in Official Records of Real Property of Brazoria County at
Clerk's File Number 93-01932 to a point marking the northwest corner of that
certain tract described in a deed dated 04-~4-1997 from Dennis Helton, et ux to
Donnie Powell, et al as filed in Official Records of Real Property of Brazoria County
at Clerk's File Number 99-001043;
10.Thence Southerly - 1,!~80' more or less with the east line of that certain tract
described in a deed dated :L0-06-:L995 from Balaji Prasad Pushpala to Dr.
Chandralatha Thota Pushpala as filed in Official Records of Real Property of Brazoria
County at Clerk's File Number 95-033190 to a point on the north line of said City of
Pearland Ordinance Number 3:~;
~.J.-42].-s7-4 M&b-832 ac~es 2 of 3
11.Thence Westerly - 3,960' more or less with the north line of said City of Pearland
Ordinance Number 31, said line being located 100' north of and parallel to the north
right-of-way line or the extension thereof of said County Road 128 to a point on the
common west line of said Abstract Number - 525 and the east line of said Abstract
Number - 593;
12.Thence Northerly - 5,100' more or less with said common west line of said Abstract
Number - 525 and the east line of said Abstract Number - 593 and with the east
line of those certain tracts described in a deed dated 09-26-1935 from W. H. Nichols
to C. W. Way as filed in Volume 272, Page 103 Brazoria County Deed Records and in
a deed dated 01-02-1957 from C. W. Massey, et ux to Harguerite Ivlassey Smith as
filed in Volume 708, Page 117 Brazoria County Deed Records to the POINT, OF
BEGINNING and containing 832 acres of land, more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared."
This metes and bounds description is accompanied by a separate plat, drawing or
exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures
and Practices" Section 663.19(9).
Compiied by:
C.L Davis & Company
]ob Number: 11-421-57-4 M&B
08/31/2001
11-421-S7q. MEb~832 acres 3 of 3
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
itate of Texas
Irazoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was:.:put~lished
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
[rculation in Brazoria and Harris Counties, for / issues,~as follows:
No. ~7' Date /0-02 · '20 a/
No. · Date 20
No.- -' .Date· 20
No. Date 20
No. Date .20.--
Jbscribe and sworn to before me this &/" day of (~¢--~- '
~o/ ~_ ~5~¢
~rtr~_ ~~l:~l.~n er
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
rate of Texas
razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was::published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
-culation in Brazoria and Harris Counties, for / issues,~as follows:
No. 7 Date /0-/o -20 o/
No. Date 20
No.- Date .20.
No. Date 20
No. Date 20.
~resident
bscribe and sworn to before me this // day of ~(~
. . , .. . ..
tho
r~
melee
all interest,
October 23, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO TIdE CITY COUNCIL ON ZONING APPLICATION
NO. 1004
Request for an amendment to the Land Use and Urban Development Ordinance of said City
from Suburban Development District (SD) to Single Family Dwelling District (RE) on the
following described property, to wit:
832 acres of land, more or less, being generally located in Section 32, H. T. & B. R.R. Co. survey or
C.W. Groos Survey, A-525 and Section 31, H. T. & B. R.R. Co. survey, A-293, Brazoria Co., TX
(Tract 4 - Bailey Road ~ CR 143)
Honorable Mayor and Council Members:
At a regular meeting held on October 22, 2001, after a Joint Public Heating, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Robert Scherrer to forward Zoning Application No. 1004
to City Council for approval. Motion failed due to lack of second.
Another motion was made by Commissioner Todd Iocco with a second made by Commissioner
Don Sederdahl to forward Zoning Application No. 1004 to City Council for denial.
Commissioner Iocco stated that he does not see the reasoning for zoning the entire area as
"residential". Discussion ensued between staff and the Commission regarding why the city
skipped over certain areas and Executive Director of Community Services Tobin Maples
explained that they skipped over certain areas because of the mixed uses and they tried to obtain
land that is predominately undeveloped.
Motion to deny failed 2 to 4.
Voting Record
Voting "Aye" - Commissioners Sederdahl and Iocco.
Voting "No" - Chairman Viktorin, Commissioners Scherrer, McDonald, and Selemon.
Commissioner Scherrer made a motion to forward Zoning Application No. 1004 to City Council for
approval with a second made by Commissioner McDonald.
Motion to approve passed 4 to 2.
Voting Record
Voting "Aye" - Chairman Viktorin, Commissioners Scherrer, McDonald, and Selemon.
Voting "No" - Commissioners Sederdahl and Iocco.
This is submitted for your consideration.
Planning & Zoning Commission