Ord. 509-196 04-27-98ORDINANCE NO. 509-196
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 A PARCEL CONTAINING 16.6408 ACRES OUT OF A 20
ACRE TRACT AS RECORDED IN VOLUME 1068, PAGE 144, BRAZORIA
COUNTY DEED RECORDS AND BEING OUT OF THE SOUTH 1/2 OF THE
SOUTHEAST 1/4 OF SECTION 18, H.T. & B.R.R. SURVEY A-546, BRAZORIA
COUNTY, TEXAS (ADJACENT TO RAVENWOOD ESTATES) (APPLICATION
NO. 266) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF
R. WEST DEVELOPMENT CO., INC., OWNER, 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., owner, filed on the 19th of January, 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 23rd day of March, 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 24th day of March, 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 Co., Inc., owner, whereby the Commission
1
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-l); 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 the 13th of April, 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 Co., Inc., owner, 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-l); such
property being more particularly described as:
Being a parcel containing 16.6408 acres out of a 20 acre tract as recorded in
volume 1068, page 144, Brazoria County Deed Records and being out of the
south 1/2 of the southeast 1/4 of Section 18, H.T. & B.R.R. Survey A-546,
Brazoria County, Texas (adjacent to Ravenwood Estates)
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
2
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.
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. 509-196
PASSED, APPROVED, and ADOPTED on First Reading this
Apri 1 ,1998.
13 th
day of
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th day
of April
,1998.
ATTEST:
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
March 24, 1998
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 266
Request of R. West Development Co., Inc., owner, for an amendment to the Land Use and
Urban Development Ordinance of said City from Classification Suburban Development (SD)
to Single Family Dwelling District (R-l) on the following described property-to-wit:
Being a parcel containing 16.6408 acres out of a 20 acre tract as recorded in Vol. 1068, pg.
144, Bmzoria Co. Deed records and being out of the south ~ of the southeast ~ of Section 18,
HT & B RR survey A-546, Brazoria County, TX (adjacent to Ravenwood Estates).
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on March 23, 1998, after the joint
public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Vice Chairman Emil Beltz, and seconded by Commissioner Mary Start to
approve Application No. 266.
Motion to approve passed 5 to O.
This is submitted for your consideration.
Pat Lopez, Cm~an
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 ° www. ci.pearland.tx.us
/.ONI'~ CIIANGE API'I.I(:ATI{)N
revised 3/5/96
X Change in Zoning Classification from: SD
Change in Regulations in Section #:
Specific Use for: *
to: R-1
Property address: just north of Ravenwood Estates Section 2 (future)
Ravenwood Estates Area
Lot: Block: Subdivision: 16 acres adjacent
Metes & Bounds Description: SEE ATTACH ED
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation: single family residential
Record owner's name: R. West Development Co., TnC,
Owner's mailing address:: 2510 Westminister, Pearlandt 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 number: (281)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 (OP, NS, GB), I acknowledge that such use may be
incompatible with current and future uses on properties in my vicinity.
Owner's signature:j~b~'7~
Agent' s signature:
Date paid: //[
...... .?.ppl ica. tion nu tuber:
""L
21
ZONE SD
,,!6.6408 ACRES /
N
/-,
ZONE SD
28
RAVENWOOD DRIVE
27 16 13 o~
~ 15 14 o v
o o-.------ n-
c.) ~ .,4:
~16 11 .~,'-
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24.z~ 19 10
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22
31
BAILEY 51"REE"!'
,4-1 CITY gMff UNE
51
SD
R-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE
FAMILY
DWELLING DISTRICT
ZONE CHANGE
FROM
8D TO R-1
APP Ik, J266 Stele
Det~ JAN., 1g~8 HORZ:I"-400'
mm IF.,LE.EL CIO ~
aid BFD. SMf114 98--8010 OF
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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:
Date~F' l /
No. Date
No. Date
No. Date
N.o. Date
19
19
19
19
Subscribe and sworn to before me this
19 ~
Editor
COUNQII, AND..TH!~ PLAN-:
~I.NG AND ZONING COe;
.,~MQ$10N OF THE CITY OF
.."P, eARLAr!O, TF. xAS ":: ""
? Notice is
.:. the 23rd,
.. at 6:30 p.
a Join
351.9
eee~$'r~rded i. Vol.
'; "-'t44,.Srazoda Co.
~ids and being ~ut of
.south 1/2 of'the ~...'.~6,~:,--
l/4. df. Section
~, ~:(;~jaced~ m
'::~ave~w~d EstateS)
Med hed~ all intersted
'L "~' .......~ ......."
~~-~ :: . ~-.- -
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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:
,o. / ~.~ Z"9~ ~9. ft
No. Date 19
N o. Date 19
No. Date 19
No. Date 19
Editor
Subscribe and sworn to before rne this /d:) day of
Laura Ann Emmons, Publisher
.,:,NOTICE OF A JOINT PUB-'
~ .IC HEARING OF THE CITY
'IOUNCIL AND THE PLAN-
~ lING AND ZONING COM-
'j~ I iISSION OF THE CITY OF
tEARLAND, TEXAS
.Notice is hereby given that on
. 'e 23rd day of March, 1998,
;:~ 6:30 p.m., the City Council·
: ': d the Planning and Zoning.
· ~mmission of thl City of.
~etland, Btazot~a and Harris
C~unties, Texas, will 'conduct
ltJeint Public~ Hearing in the
:-~ ~eneil Ghambersi~City, Halli~:
'> i~g Liberty Ddvei Peadan~l~:
.:~.~s: on the request of R:
: st Development Co., Inc.,
o~er;: for an amendment to:
tb~ Land Use and Urban
.Development Ordinance of
~id City from Classification...
~Jbud:)an Development
i~$ingle Family Dwelling
istrict (R-l) on the following
"~ I~cribed property, to wit:
~i iing a pamel containing
L6408 acres out of a 20
h tract as recDrd' .:. ' ~',:'
Ravenv~x~cl EstateS) "..."
~t said hearing all interested.,
..~parties' Shall have the rigM .,".: '.
..~.d opportunity to appear and
'.