Ord. 509-548 11-26-01ORDINANCE NO. 509-548
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 411 ACRES, MORE OR LESS,
BEING GENERALLY LOCATED IN THE H. T. & B. R.R. COMPANY
SURVEY, A-538, BRAZORIA COUNTY, TEXAS(APPLICATION NO. 1001)
(TRACT 2 - BROADWAY STREET @ CR 48) 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. 1035, annexed into the City the territory described in Exhibit "A" attached
hereto; and
WHEREAS, on the 22nd 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 23`d 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
1
ORDINANCE NO. 509-548
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,
BE IT 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, is hereby for all purposes classified as Estate Lot Single Family
Dwelling (RE), such property being more particularly described as:
411 Acres, more or less, being generally located in the H. T. & B. RR. Company
Survey, A-538, Brazoria County, Texas (Tract 2 - Broadway Street @ CR 48)
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 zoning classification has been
made. The City
2
ORDINANCE NO. 509-548
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 zoning
classification 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.
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. 509-548
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.
ATTEST:
4
TOM REID
MAYOR
ORDINANCE NO. 509-548
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26 day
of November , 2001.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
fai
TOM REID
MAYOR
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
x Change in Zoning Classification from: SD to: RE
Change in Regulations in Section #:
_ Specific Use for: *
Property address: (Tract 2 - Broadway Street @ CR 48)
Lot: Block:
ISubdivision:
Metes & Bounds Description: 411 acres, more or less, R. T. & B. R.R. Co. survey, A-538
(unplatted property only; attach survey) Brazoria Co., TX
Tax I.D. number:
Current use of land:
Proposed use of land within requested designation: residential
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name: Pea r1and
City of
Agent's mailing address: 3519 Liberty Drive, pearland, TX 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 vicinity.
Owner's signature:
,/
Agent's signature: //pz-<san2
Fees $ NIC
Date paid:
paid:
Received by:
Application number:
1 001
EXHIBIT
METES AND BOUNDS DESCRIPTION
411 ACRES MORE OR LESS OUT OF
ABSTRACT NUMBER — 538
BRAZORIA COUNTY, TEXAS
The herein describe&411 acres, more or less, being generally located in the H. T. & B.
R. R. Company Survey, Abstract Number — 538; the north line being the common south
line of City of Pearland Ordinance Number 880 and the north line of said Abstract
Number — 538; the east line being partially along the west right-of-way line of County
Road 48 (Old Airline Road) and partially along the west line of Section 84 of the Allison —
Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in
Volume 2, Page 98 Brazoria County Plat Records; the south line being partially along
the north right-of-way line of County Road 59 (Dallas Road) (Airline Fort Bend Road);
and the west line being the west line of said Abstract Number — 538 and the east line of
City of Pearland Ordinance Number 31;
All that certain 411 acres, more or less, to be annexed into the City of Pearland and
being out of the H. T. & B. R. R. Company Survey, Abstract Number — 538, Brazoria
County, Texas and being more particularly described by metes and bounds as follows;
Beginning at a point marking the intersection of the south line of the City of Pearland
Ordinance Number 880 with the west right-of-way line of said County Road 48;
1. Thence Southerly — 1,320' more or less with the west line of said County Road
48 to a point for corner on the north line of that certain tract described in a deed
dated 10-29-1987 from William H. Scott III, et ux, to John Garda Vasquez, et ux
as filed in Volume (87)482, Page 229 Brazoria County Official Records;
2. Thence Westerly — 630' more or less with the north line of said Vasquez tract
and the south line of that certain tract described in a deed dated 01-20-1992
from Larry B. Briggs, et al (50% interest) to John B. Briggs, et al as filed in
Volume (92)994, Page 172 Brazoria County Official Records to a point marking
the northeast corner of that certain tract described in a deed dated 10-27-1964
from J. T. McMahan to R. D. McMahan as filed in Volume 895, Page 21 Brazoria
County Deed Records;
3. Thence Southerly — 1,300' more or less with the east line of said McMahan tract
to a point on the north right-of-way line of a 40' platted road as established by
said Allison —Richey Gulf Coast Home Company Subdivision;
4. Thence Westerly — 2,000' more or less with the north right-of-way line of said 40'
platted road (unimproved), 20' north of and parallel to the north line of Section
84 of said Allison —Richey Gulf Coast Home Company Subdivision to a point for
corner;
11-421-57-1A M&b-411 acres
1 of 3
5. Thence Southerly — 2,627' more or less with the west right-of-way line of said 40'
platted road (unimproved), 20' west of and parallel to the east line of Section 84
of said Allison —Richey Gulf Coast Home Company Subdivision to a point for
corner on the north right-of-way line of said County Road 59;
6. Thence Westerly — 1,799' more or less with the north right-of-way line of said
County Road 59 to a point marking the beginning of a curve to the left having a
radius of 1,175.92' and a central angle of 12° 58' 11;
7. Thence with said curve an arc distance of 266.2' more or less in a westerly
direction with the north right-of-way line of said County Road 59 as established
by that certain right-of-way easement dated 05-17-1985 from John Wood Bitting,
et al, to Brazoria County as filed in Volume (85)140, Page 964 Brazoria County
Official Records to a point on the south line of said Abstract Number — 538 and
the south line of that certain tract described in a deed dated 11-01-1998 from
Harlow Royalties Texas, Inc. to Harlow Royalties Ltd., as filed in Official Records
of Real Property of Brazoria County at Clerk's File Number 98-050417;
8. Thence Westerly — 547' more or less with the south line of said Abstract Number
— 538 and the south line of said Harlow Royalties Ltd. tract to a point for corner;
9. Thence Northerly — 1,497' more or less with the west line of said Harlow
Royalties Ltd. tract and the common east line of the M. Escalera Survey, Abstract
Number — 169 and the west line of said Abstract Number — 538 to a point for
corner on the east line of said City of Pearland Ordinance Number 31;
10. Thence Northeasterly — 3,905' more or less with the east line of said City of
Pearland Ordinance Number 31, said line being 100' southeast of and parallel to
the common west line of Brazoria County and the east line of Fort Bend County
to a point for corner on the south line of said City of Pearland Ordinance Number
880;
11. Thence Easterly — 4,237' more or less with the south line of said City of Pearland
Ordinance Number 880 and the common north line of said Abstract Number —
538 and the south line of the H. T. & B. R. R. Company Survey, Abstract Number
— 305 to the POINT OF BEGINNING and containing 411 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."
11421-57-1A M&b-411 acres
2 of 3
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).
Compiled by:
C.L. Davis & Company
Job Number: 11-421-57-1A
9/4/01 3:44 PM
11-421-57-1A M&b-411 aces
3 of 3
1
October 23, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1001
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:
411 Acres, more or less, being generally located in the H. T. & B. R.R. Co. survey, A-538, Brazoria
Co., TX (Tract 2 - Broadway Street @ CR 48)
Honorable Mayor and Council Members:
At a regular meeting held on October 22, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Robert Scherrer and seconded by Chairman Charles
Viktorin to forward Zoning Application No. 1001 to City Council for denial. The Commission
showed concern about the need for a buffer between this request and Zoning Application No.
1002, which requested "Industrial". Commissioner Selemon did not want to deny the request,
but he suggested making a motion for approval with a recommendation that a buffer be added.
Commissioner Iocco agreed that he would support the request if there were a buffer added.
Commissioner Scherrer and Chairman Viktorin rescinded their votes.
A motion was made by Commissioner Robert Scherrer and seconded by Chairman Charles
Viktorin to forward Zoning Application No. 1001 to City Council for approval with a
recommendation that a buffer be added between this request and Zoning Application No. 1002.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
4rS4
H. Charles Viktorin, Chairman
Planning & Zoning Commission
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
tate 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
'mutation in Brazoria and Harris Counties, for / issues -as follows:
N
No.
No.
No.
No.
ibscribe and sworn to before me this
day of (Le
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Notary Public, State o
Application No. 1001
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
tate 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
xuiation in Brazoria and Harris Counties, for I issues,as follows:
Date /0-/0 20 of
Date 20
Date 20
Date 20
Date 20
)scribe and sworn to before me this
,niato
Addhresident
day of 10c.
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Notary Public, State o
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Application No.1001
c&ggriegijItio Modffil.
Zoning Case No. 1001
City Council and Planning and Zoning Commission Joint Public Hearing: October 22, 2001
Location:
South side of Broadway Street, West of CR 48
(Tract 2)
Existing Zoning: Suburban Development District (SD)
Requested Zoning: Estate Lot Single Family Dwelling District (RE)
Summary:
The property contains approximately 411 acres. The property to the North is zoned Planned Unit
Development and is being developed as Shadow Creek Ranch. The property to the South is outside
the City limits of Pearland. The property to the West is in Fort Bend County and is also being
considered for annexation. The proposed zoning for this property is Light Industrial District (M-1).
The property to the East is primarily outside the City limits. The portion that is inside the City is
zoned Suburban Development District (SD).
Public Notice/Comment Forms were mailed to seventeen (17) property owners within 200 feet of
this request. No Public Comment Forms have been returned.
1
Zoning Case No. 1001
Other Considerations:
• The Comprehensive Plan recommends Low Density Residential uses. The proposed zoning
is consistent with the Comprehensive Plan and compatible with surrounding uses.
• Development of this property will require a complete development review including platting,
a Traffic Impact Analysis, etc.
Staff Recommendation:
Approval
Attachments:
Public Hearing Notice
Zoning Change Application
Site Map
2
ZONE CHANGE APPLICATION NO. 1001 and 1002
(TRACT 2 and 2A)
Notification list
TAX ACCT LEGAL DESCRIPTION
05380004000 SD TR 11 LT 4 538 H T & B 84, ACRES 10.000
05380005000 A0538 H T & B R R, TRACT 3-6-10A (UND 60% OF 62.5% INT), ACRES 59.625
05380014120 A0538 HT & B R R, TR 1-2A-5A-10B REF BFFR 0538-6000-001, AC 77.040
05380014120 A0538 H T & B R R, TR 1-2A-5A-10B REF BFFR 0538-6000-001, AC 77.040
05380014000 LTS 2-5-10 538 H T & B REF BUFFER #0538-6000-002, ACRES 47.390
05380009000 A0538 H T & B R R, TRACT 4-7, ACRES 120.000
05380005000 A0538 H T & B R R, TRACT 3-6-10A (UND 60% OF 62.5% INT), ACRES 59.625
05380014120 A0536 H T & B R R, TR1-21-5A-10B REF BFFR 0538-6000-001, AC 77.040
05380014000 LTS 2-5-10 538 H T & B REF BUFFER #0538-6000-002, ACRES 47.390
05380011110 SD TR 11 PT LTS 1-1A-1C 538 H T & B, ACRES 1.000
05380005000 A0538 HT & B R R, TRACT 3-6-10A (UND 60% OF 62.5% INT), ACRES 59.625
05380014120 A0538 H T & B R R, TR 1-2A-5A-10B REF BFFR 0538-6000-001, AC 77.040
5660003110 .895 ACRES, TRACT 1A1, A-566
5380006000 LT 8, A-538, HT &BRR CO SURVEY, ACRES 20.00
05386000002 R B LYLE W 1/2 BL 2-5-10 BFR ZN 538 H T &BRR #0538-0014-000, AC 3.22
556000000101 132.568 ACRES, A-555, A.B. LAGERMAN
767000000100 33.334 ACRES, A-767, H T &BRR SURVEY
767000000110 2.726 ACRES, A-767, H T &BRR CO SURVEY
198000000100 A-198, FRANKLIN HOOPER SURVEY, 206.656 ACRES
761000000102 A-761, BRAZ A-305, 38.1 ACRES (1/2 UNDIVIDED INTEREST)
761000000103 A-761, BRAZ A-305, 38.1 ACRES (1/2 UNDIVIDED INTEREST)
3050001000 A0305, HT &BRR , TR 4, ACRES 57.50
3050005000 A0305, H T & B R R, TR 5A, ACRES 60.00
5640036000 A0564, H T & B R R, TR 1, ACRES 10.00
5640004000 A0546, H T & B R R, TR 2, ACRES 10.00
5640032000 A0564, H T & B R R, TR 3-4-4A-5-6-13-14-15-16-22-46, UND 3/8 INT, AC 38.101
5640032110 A0564, H T & B R R, TR 3-4-4A-5-6-13-14-15-16-22-46, UND 3/8 INT, AC 38.101
5640032120 A0564, H T & B R R, TR 3-4-5-6-13-14-15-16-22-46, UND 1/4 INT, AC 25.404
OWNER NAME
STUTES SHIRLEY A
SHEESLEY TRUST
RUDY RUSSELL T & RANDALL D
RUDY RUSSELL T & RANDALL D
HARLOW ROYALTIES LTD
BRIGGS JOHN B & MEREDITH
SHEESLEY TRUST
RUDY RUSSELL T & RANDALL D
HARLOW ROYALTIES LTD
GALLEGOS JESSE & DOROTHY
SHEESLEY TRUST
RUDY RUSSELL T & RANDALL D
ADMIRE MERLE & LISA
MCMAHAN R D
HARLOW ROYALTIES LTD
MURRELL CHARLES W TR
HARLOW ROYALTIES LTD
RUDY RUSSELL T & RANDALL D
PEARLAND INVESTMENTS, LTD
DAVIS RALPH, JR
PEARLAND INVESTMENTS, LTD
PEARLAND INVESTMENTS, LTD
PEARLAND INVESTMENTS, LTD
ONE TWENTY-ONE LTD %R KERR
CAMPBELL CLORA E
WEEMS BEN F
HEAT EYE LAND CO %WEEMS B
WEEMS BEN TR %FIRST CITY TX
OWNER ADDRESS
633 BELLEVUE PLANTATION
%TCB PO BOX 2558
9250 SANDRINGHAM DR
9250 SANDRINGHAM DR
22499 IMPERIAL VALLEY DR
584 MAGNOLIA CIR
%TCB PO BOX 2558
9250 SANDRINGHAM DR
22499 IMPERIAL VALLEY DR
PO BOX 31
%TCB PO BOX 2558
9250 SANDRINGHAM DR
925 CR 59
5950 STONES THROW RD
22499 IMPERIAL VALLEY DR
4922 DUNSMERE ST
22499 IMPERIAL VALLEY DR
9250 SANDRINGHAM DR
5195 LAS VEGAS BLVD SO
PO BOX 271293
5195 LAS VEGAS BLVD SO
PO BOX 95398
PO BOX 95398
1800 BERING DR, STE 600
PO BOX 450671
PO BOX 188
PO BOX 188
PO BOX 2558
CITY
LAFAYETTE LA
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
FRESNO TX
HOUSTON TX
HOUSTON TX
ROSHARON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
HOUSTON TX
LAS VEGAS NV
HOUSTON TX
LAS VEGAS NV
LAS VEGAS NV
LAS VEGAS NV
HOUSTON TX
HOUSTON TX
LAFAYETTE CO
LAFAYETTE CO
HOUSTON TX
70503-6127
77252-2558
77024-5827
77024-5827
77073-1148
77024-6718
77252-2558
77024-5827
77073-1148
77545-0031
77252-2558
77024-5827
77583-2444
77057-1444
77073-1148
77018-142
77073-1148
77024-582
89119-3209
77277-1293
89119-3209
89193-5398
89193-5398
77057-3163
77245-0671
80026-0188
80026-0188
77252-2558
"Exhibit A-2"
(Tract 2: 168 & 411 Acres)