Ord. 509-546 01-28-02ORDINANCE NO. 509-546
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 774 ACRES OF LAND, MORE OR
LESS, BEING GENERALLY LOCATED IN THE D. H. M. HUNTER SURVEY,
A-36 AND THE T. J. GREEN SURVEY, A-290, HARRIS COUNTY, TEXAS
(APPLICATION NO. 1006)(TRACT 6 - CLEAR CREEK @ COUNTRY CLUB
DRIVE) 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. 1039, 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 23rd 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. 509-546
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:
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:
774 acres of land, more or less, being generally located in the D. H. M. Hunter
Survey, A-36 and the T. J. Green Survey, A-290, Harris County, Texas (Tract 6 -
Clear Creek @ Country Club 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 zoning classification has been
made. The City
2
ORDINANCE NO. 509-546
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. 509-546
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
January .., 2002.
28 day of
MAYOR
ATTEST:
(~Y S~!~RETARY//
4
ORDINANCE NO. 509-546
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
Feb~'ua~'y ,2002.
11
TOM REID
MAYOR
· day
ATTEST:
-O-NG
- I~ S~ETA~G~ ~
APPROVED AS TO FORM:
D'ARRIN COKER
CITY ATTORNEY
5
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
x
Change in Zoning Classification from:
Change in Regulations in Section #:
Specific Use for: *
so to: P~
Property address: (Tract 6 - Clear Creek @ Country Club Drive)
Lot: Block: I Subdivision:
Metes &-Bounds DeScription: 776 acres, more or less, D. H. ~.
(unplatted property only; attach survey)
Hunter Survey, A-36
T.J. Green Survey, A-290, Harris Co., TX
Tax I.D. number:
Current use of land:
Proposed use of land within requested designation: residential
Owner's mailing address:
Owner's telephone number:
Agent's name: City of Pearland
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:
Fees paid: $ SIc
Received by:
Date paid:
Application number:
EXHIBIT
METES AND BOUNDS DESCRIPTION
774 ACRES MORE OR LESS OUT OF
ABSTRACT NUMBER - 36 AND ABSTRACT NUMBER - 290
HARRIS COUNTY, TEXAS
The herein described 774 acres, more or less, being generally located in the D. H. M.
Hunter Survey, Abstract Number - 36 and the T. ]. Green Survey, Abstract Number -
290; the northwesterly line being the southeasterly line of City of Pearland Ordinance
Number 990; the northeasterly line being the common E.T.]. line of the City of Pearland
and the City of Houston as established by City of Pearland Ordinance Number 188 and
the northeasterly line of said Abstract Number - 290; the southeasterly line being the
northwesterly and southwesterly lines of City of Pearland Ordinance Number 626, the
northwesterly line of City of Pearland Ordinance Number 190 and the northeasterly and
northwesterly lines of City of Pearland Ordinance Number 686; and the southerly line
being the centerline of Clear Creek;
All that certain 774 acres of land, more or less, to be annexed into the City of Pearland
being all or a portion of Lots i - 120, Allison-Richey Gulf Coast Home Company
Subdivision part of Suburban Gardens according to the plat thereof filed in Volume 4,
Page 48 Harris County Map Records and being out of the D. H. M Hunter Survey,
Abstract Number - 36 and the T. ]. Green Survey, Abstract Number - 290, Harris
County, Texas and being more particularly described by metes and bounds as follows;
Beginning at a point marking the common east corner of said City of Pearland
Ordinance Number 686 and the east corner of Lot 121 of said Allison-Richey Gulf Coast
Home Company Subdivision, said point being on the northwest line of Green Tee
Terrace Section One according to the plat thereof filed in Volume 170, Page 128 Harris
County Map Records;
1. Thence Northeasterly - 4,305' more or less with the common southeasterly line of
said Abstract Number - 290, the northwesterly line of the W. D. C. Hall Survey,
Abstract Number - 23, the northwesterly line of said City of Pearland Ordinance
Number 190 and the northwesterly line of said Green Tee Terrace Section One and
Green Tee Terrace Townhouses according to the plat thereof filed in Volume 177,
Page 60 Harris County Map Records, to a point marking the south corner of said City
of Pearland Ordinance Number 626;
2. Thence Northwesterly - 659.85' more or less with the common southwesterly line of
said City of Pearland Ordinance Number 626 and the northeasterly line of Lot 108 of
said Allison-Richey Gulf Coast Home Company Subdivision to a point marking the
west corner of said City of Pearland Ordinance Number 626 and the west corner of
Green Tee Terrace, Section 7 according to the plat thereof filed at Film Code
Number 352061 Harris County Map Records;
11-421-57-6 M&b-774 acre~ i of 2
3. Thence Northeasterly - 1,319.67' more or less with the common northwesterly line
of said City of Pearland Ordinance Number 626 and the northwesterly line of said
Green Tee Terrace Section 7 to a point for corner in the common northeast line of
said Abstract Number - 290 and the southwest line of the E. lVl. House Survey,
Abstract Number- 1075;
4. Thence Northweste}iY - 6,722' more or less with the common northeasterly lines of
said Abstract Number - 290 and Abstract Number - 36, the southwesterly lines of
said Abstract Number- 1075, the Geo. IVlcDougal Survey, Abstract Number- 564
and the H. T. & B. R. R. Company Survey, Abstract Number - 410, and with the
common E. T. 3. line of Pearland and Houston as established by City of Pearland
Ordinance Number 188 and City of Houston Ordinance Number 70-218, to a point
marking the east corner of City of Pearland Ordinance Number 990;
5. Thence Southwesterly - 2,674.97' more or less with the southeast line of said City of
Pearland Ordinance Number 990 to a point for corner in the centerline of Clear
Creek;
6. Thence Southerly with the meanders of the centerline of Clear Creek to a point
marking the west corner of said City of Pearland Ordinance Number 686;
7. Thence Northeasterly - 421.72' more or less with the northwesterly line of said City
of Pearland Ordinance Number 686 to a point marking the north corner of said City
of Pearland Ordinance Number 686;
8. Thence Southeasterly - 680.00' more or less with the northeasterly line of said City
of Pearland Ordinance Number 686 to the POINT OF BEG:INNING and containing
774 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).
Compiled by:
C.L. Davis & Company
3ob Number: 11-421-57-6 M&B
08/31/2001
2of2
11-421-57-6 I~1&b-774 acres
AFFIDAVIT OF PUBLICATION
The Pearland Reposer 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:put~lished
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues,~as follows:
Date
No. Date
No.- .- Date
No. . Date
20
20. ,,
20
20
No. Date 20
~President
Subscribe and sworn to before me this
~_0 O/
. day of
her'-
Published O(~t. $'&~. 10,
2001
~UBU¢ I~~i~
COMM!~S~ OF T~
CITY oF PEARLANI),
TEXAS- J
Notice is here~y g yen tt~t
'on the 22n:~i day'o!
2ooi'' at :6:30.:p.~m:,' the ~
'Council aPd
and Zoning ~bmmiss~ of
the City df Pearl~nd,=
Brazoria ~ Harris and :Fo~.
Bend Countes; Texas,
conduct"a Joint Public
Hearing in the COuncil
Chambers, City .Hall, 3519
Liberty Drive, Pentland,
.T~, on the request:of ~e
City of Pearland, ~for an
amendment to the Land
Use and Urban Deve~p-
~nl 0r~nance of~said ~
fr~ Cla~ific=tien S~ur-
b~eveiopm~h~. Di~r~t
~ Sstat~ Lo{ Sin~e
e~ newly, annexed
774 acres, more or les.s,
being generally located in
A.36' &/the: T. J. 'Green
Su~ey A-2go, Harris Co.,
TX
At said hearing all interest-
ed parties shall have the
right and opportunity tO
appear and be heard 'on the
AFFIDAVIT OF PUBLICATION
The Pearland Reporte.r News
2404 South Park
Pearland, Texas 77581
Iate of Texas
-azoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was;;put:Jlished
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
-cutation in Brazoria and Harris Counties, for / issues,Fas follows:-
No.
Date /0-1o
No. Date
20_ ~/
2O.
No.. Date
No. . Date
20
No. Date
20
~:~President
~scribe and sworn to before me this
Ol
//
PubliShed Oct. 3 & Oct. 10,
2001
NO?iCE OF A JOINT
pUBUc HEARING' OF THE
CITY cOUNC!L~AND THE'
PLANNiN~ AND'zoNING.'
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that
on.the 22nd day of October~
200~ at 6:30 p.m., .theCity
Council and the Planning
and Zoning Commission Of
the City ~-of.'. Pearland,
Brazoria, '.Hart s and-Fo~t
Bend. Counties,. T~e. xas, will
condu~t a Joint ~Public
Heari~'g in ti~e 'C0~ncil
Chambers, Cil;y He.11,~3519
Liberty'Driv~, Pearland,
Texas, on the requeS{ of the
City of Pearland, for an
amendment to the Land
use and Urban. Develop-
ment Ordinance of said City
from Classification Subur-
ban Development District
(SD) to Estate Lot 8ingle
Family Dwelling Dist~i(~t
(RE) on newly annexed
property,' described as fol-
lows, towit:
774 a¢res,
being gen~rall~l~¢~d':~n
the D. H.
A.36 & t~e i'. J Green
Survey, A~290, Harris Co.,
TX
At said hearing a{I interest-
ed parties shall have the-
right and opportunity to
appear and be heard on. the
subject.
October 23, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 1006
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:
774 acres of land, more or less, being generally located in the D. H. M. Hunter Survey, A-36 and the
T. J. Green Survey, A- 290, Harris Co., TX (Tract 6 - Clear Creek ~ Country Club Drive)
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 with a second made by Commissioner
Kevin McDonald to forward Zoning Application No. 1006 to City Council for approval.
The Commission agreed that this request is just a starting point and they would be glad to
consider any future zoning requests that come before them. Commissioner Iocco pointed out that
if they don't zone the property at this time then there is a chance the area could become
"Industrial" because it is so close to Beltway 8.
Motion to approve passed 5 to 0 (Commissioner Sederdahl abstained).
This is submitted for your consideration.
H. Charles Viktorin, Chairman
Planning & Zoning Commission