Ord. 509-195 04-27-98ORDINANCE NO. 509-195
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 41.3692 ACRE TRACT OUT OF THE SOUTH 1/2 OF THE
SOUTHEAST 1/4 OF SECTION 16, H.T.& B.R.R. SURVEY, A-546, BRAZORIA
COUNTY, TEXAS (HARKEY RD. AND C.R. 101) (APPLICATION NO. 265)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF R. WEST
DEVELOPMENT CO., INC., AGENT FOR RAVENWOOD SECTION ONE, J.V.,
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., agent for Ravenwood Section One, J.V.,
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., agent for Ravenwood Section
One, J.V., owner, 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-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., agent for Ravenwood Section One, J.V.,
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 41.3692 acre tract out of the south 1/2 of the southeast 1/4 of Section
16, H.T. & B.R.R. Survey, A-546, Brazoria Co., TX (Harkey Rd. and C.R. 101).
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
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. 509-195
PASSED, APPROVED, and ADOPTED on First Reading this
Apri 1 ,1998.
13 th day of
TOM REID
MAYOR
A'I'I'EST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this J. Zt, hdaY
of Apri 1
, 1998.
A'I'I'EST:
~N~SGE ETA~
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY A'I'rORNEY
March 24, 1998
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 265
Request of R. West Development Co., Inc., agent for Ravenwood Section One, 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 (R-l)
on the following described property, to wit:
Being a 41.3692 acre tract out of the south ~ of the southeast '/4 of Sect. 16, HT & B RR
survey, A-546, Bmzoria Co., TX (Harkey Rd. and C.R. 101).
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 Commissioner Mary Starr, and seconded by Vice Chainnan Emil Beltz to
approve Application No. 265.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
SiGlY~ fi,~tt
p~~at~&~nPEz&~~ommission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 ° www. ci.pearland.tx.us
CITY OF PEA RI~AN D
ZONE CI IA NG E A i'PI ,ICATION
revised 3/5/96
Change in Zoning Classification from: SD to:
Change in Regulations in Section #:
Specific Use for: *
Property address: nor~thwest 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. I
Tax I.D. number:
Proposed use of land within requested designation: single family residential
Record owner's name: Ravenwood Section One, 3.V.
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 Westministert Pearlandt 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. *0n 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.
Agent' s signature:
...........
... iApt, licati.o.9 .!mn, l',c,':
C
ZONE SD
SHARpNDALE
COTTONW,OOD DRIVE
RAZA ROAD
/.-,
ZONE SD
ZONE SD
41 .,3692
ACRES
SD
R-1
o
SUBURBAN DISTRICT
LOW DENSITY SINGLE
BAILEY STREET
41 CITY LIMIT UNE
FAMILY DWELLING DISTRICT
51
C!tyofPeedend, Texae
N,v~wooo mac, ~ -,v.
ZONE CHANGE
HORZ: 'l "--4OO'
mm~J/U,l., 19H 'e'~x"r:l'-., 1
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N BFD. SMIIH 96.-~ OF 1
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:
Subscribe and sworn to before me this
Editor
:.~ . EARING OF THE CITY
~-~COUNCIL AND THE P. LAN-
~NING'AND ZONING COM-
~'~41~$1ON 'OF THE CITY OF
PEARLAND, TEXAS
NotiCe is hereby given t..l'!tle.
"the 23rd day of Mamh, 1i~ '
c~at e:3o-p~m.; the City
~*~ffie Planning anN: Z~
~ ission oft~ 0ity:~:
d, Brezoria and m
a j! Pdblic Hearing i~
~' CoUm~., Chambers, City~, '.
i 31'l:14j'berty Delve, Pe~R:I,
Tmfi~.~on the requeat ~,f t~
· .VV~t ~velopment Co'.
.. agent for Ravenwood Section
' One J.V., owner, for an
. amendment to the Land
~ and I~rb~n DeVelopment
~ OrdinanCe oi said City. from.
'.. classification Suburba.n
· Development (SD) to Sidgle'
'. Family Dwelling DiS~triot' (B-1)
'! ien. the foil.owing de,~cribed
· property, to wit!
,;B. ejng a. ~,1:~3~92' acre tract out
~of'tl~e;~oUih i~2 of the south-
[eaSl"l/~,O{...$.Nt:, 16, HT &'S
RR sdw~f, ~,-546, Srazoda
Co., 'TX (Herkey Rd. and C.R.
}a~ es.~ha have the ~lght; ,.
be heard'on the 'subjeCt. ' ';!':'
!!¢itysecret~w:. !""""'
.),
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 Drazoria and Harris Counties, for // issues, as follows:
N o. Date 19
No. Date 19
No. Date 19
Editor
Subscribe and sworn to before rne this
19 ~?~
Laura Ann Emmons, P'ublisher
m~fJ0N O~'~E crn',~';i~
; :he 2~rd 'day {~f Ma~h, 1998~.
· ~. it 6:30 p.m.., t~e CiW Council.
'~ md t e lanning a~ Zo~ind
:. eadand, BmZoda ~d Ha~s
,. ;ountiee, Te~s. Will condu~
,~ ~ JOint Publi~ H~p~:~'
r ..I.:, ..-.~"~
:.;~-..., ,: .....-~, .
-me0dmem to the
' :;~amily Dwell rig0 ~fd~ {R-l)
~ '~n' me..~llowing :~b~
'. ~9~e~, to wit~..: '.. . ~, '..: .
=:'..~f m~ ':outh l~2:~f~..;.~h
east 1/4 of Sect, 16, HT& B