Ord. 509-237 09-28-98ORDINANCE NO. 509-237
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 BEING 38.699 ACRES, OUT OF THE S 1/2 OF THE SE 1/4, H.T.
& B.R.R. CO. SURVEY, A-546,RECORDED IN VOL. 84, PG. 313, DEED
RECORDS OF BRAZORIA CO., TX (SPECIFIC USE APPLICATION NO. 64)
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1S) AT THE REQUEST OF R. WEST
DEVELOPMENT, AGENT, FOR RAVENWOOD SECTION 2, 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, agent, for Ravenwood Section 2, filed on June 30,
1998, 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
application for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the August 24, 1998, 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 26th day of August, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by R. West Development, agent, for Ravenwood Section
2, whereby the Commission recommended and approved a change of classification for the
property described in Exhibit "A" from its existing classification of Suburban Development
District (SD) to Single Family Dwelling District (R-1S); 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 September 14, 1998, 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, agent, for Ravenwood Section 2, facts were 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:
I.
The following described property located within the corporate City limits of the City
of Pearland, Texas, and presently classified as Suburban Development District (SD) is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-1S); such
property being more particularly described as:
Being 38.699 acres, out of the S 1/2 of the SE 1/4, H.T. & B.R.R. Co. Survey,
A-546, recorded in Vol. 84, pg. 313, Deed Records of Brazoria Co., TX
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
Counoil further find~ stnd determine~ that there has been compliance with the mandates of
law in the posting and presentation of this matter to the Planning and Zoning Commission
2
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.
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-237
PASSED, APPROVED, and ADOPTED on First Reading this I~'+~ day of
~q~--p3re,-w'J, oL~Y" ,1998.
TOM REID
MAYOR
ATTEST:
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 2--S''1~
,.~'e..,v*v',,b-~" , 1998.
TOM REID
MAYOR
ATTEST:
SEC~')~A~Ry ~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
day
.... .... CITY 01',' I*EAI~LAND
· . ZONE CI IA NG E A PPLICAT!()N
Revised 3/5/96
Change in Zoning Classification from: SD to: R=I (S)
Change in Regulations in Section #:
x Specific Use for: * Equestrian Center
EXHIBIT
I
Property address: 1,350 ft. west of the NW corner of Harkey Rd. and C.R. 101
Lot: Block:
Metes & Bounds Description: SEE ATTACH ED
(unplatted property only; attach survey)
Subdivision: Ravenwood Estates Sec. 2
Tax I.D. number:
Proposed use of land within requested designation: single family residential with an
Equestrian center
Record owner's name: Ravenwood Section 2, 3.V,
Owner's mailing address:: 2510 Westminister, Pearland, TX 77581
Owner's telephone number:: (281)997-1500
Agent's name: R. West Development Co,, Inc.
Agent's mailing address: 2510 Westminister, Pearland, TX 77581
Agent' s telephone numb er: ( 28 1 ) 997 - 1500
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 (0P, NS, GB), I acknowledge that such use may be
incompatible with current and future uses on properties in my vicinity.
Owner's signatur.~~~
Fees paid: $ ;jd/._.
Received bx'
Agent's signature:
....................... ...........
I I
8
5
14
MOCKINGBIRD LN.
7 I
10 m
12 ~ 8
HERON LN.
14.
C
TERRELL DR.
SHARONDALE
SD
R-1
S
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
SPECIFIC USE PERMIT
IMVDIMX)D 8E~l10N ~, ,LV.
· #,
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby certii~y that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper or general
circulation in Brazoria and Flarris Counties, for, ..... /_ ............... issues, as follows:
No,
Date
19
No.
No.
Date 19
Date 19
Date 19
Editor
Subscribe and sworn to before me this
day el
t~ "' LA A A, EMMON$
,~' ,' .frATEOFIBfAS
,,-----~, Laura Ann Emmons, Publisher
~6~.301~:m ~ the Cily Council.
and Zoning
/of"
, ~arland~ Bm~r~a and Har~s
t * nties, ~ex~e~ will
~'~'5~Zg UUe~ DHVe, Pe~ ,
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"~I for ~venwo~ S~
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~AJ.~id~ea~g all intersted
. ~q~ ;sh~!~h~ve the right
. ' (~p~uni~ to appear and
~':~he sub/ect. , :*.'
August 26, 1998
Honorable Mayor and Council members
City Hall
Pearland, TX 77581
RE: Recommendation to the City Council on Specific Use Application No. 64
Request of R. West Development, agent, for Ravenwood Section 2, J.V., owner,
for an amendment to the Land Use and Urban Development ordinance of said City
from Classification Suburban Development District (SD) to Single Family Dwelling
District-Specific Use (R-1 S) on the following described property, to wit:
Being 38.699 ac., out of the S 1/2 of the SE 1/4, HT & B RR Co. Survey, A-546,
recorded in Vol. 84, pg. 3 13, Deed Records of Brazoria Co., TX
Honorable Mayor and Council members:
The Planning and Zoning Commission, at a regular meeting held on August 24, 1998, after the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Pat Lopez and seconded by Commissioner Emil Beltz to
approve Application No. 64.
Motion to approve passed by a vote of 6-0.
This is submitted for your consideration.
Sincerely,
Planning and Zoning Commission