Ord. 509-186 03-23-98ORDINANCE NO. 509-186
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 LOT 16, BLOCK 1, OF SKYWAY MANOR SUBDIVISION,
ACCORDING TO THE PLAT RECORDED IN VOL 7, PG. 67, OF THE PLAT
RECORDS OF BRAZORIA CO., TX (3011 PIPER ROAD) (APPLICATION NO.
250) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF BEVERLY
RUFFIN, 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, Beverly Ruffin, owner, filed on December 16, 1997, 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 February, 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 February, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Beverly Ruffin, 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-1); 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 March 9, 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 Beverly Ruffin, 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:
Lot 16, Block 1, of Skyway Manor subdivision, according to the plat recorded
in Vol 7, pg. 67, of the plat records of Brazoria Co., TX (3011 Piper Road)
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. 509-186
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of
March ,1998.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of March
, 1998.
TOM REID
MAYOR
23rd day
NTERIH
APPROVED AS TO FORM:
-AM¥-MG:IrE-S4VICGUL4_-G)UGH-
CITY ATTORNEY
DARRiN M.
C0KER
('.'l:aH.-.'c I~1 ,/.olall.~ (.'lass~ficatlon from.
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
Lot:/b~
Metes & Bounds Description:
(unplatted property only; attach survey)
G '\ ,") ? :.
.... '._4._/. to: < ·
Block:
Tax I.D. number:
Proposed use of land within requested designation:
Owner's mailing address: '~C
Owner's telephone number:
Agent's mailing address:
Agent's telephone number:
PETITION: As owner/agem, 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: $
ZONE R- 1
\
ZONE R-t
ZONE R-1
3011 PIPER
ROAD
ZONE R- 1k~N
ZONE SD
LOT 10
ZONE R-1
ZONE R-1
ZONE R-1
LOT 15
200'
(~P.)
LOT 17
ZONE R- 1
200'
·
(TYP.)
/
/FITE
ZONE R- 1
ROAD
SD
R-1
SUBURBAN DISTRICT
LOW DENSITY SINGLE
FAMILY
ZONE SD
DWELLING
DISTRICT
City of Pearland, Texas
BEVERLY RUFRN
ZONE CHANGE
FROM
SD TO R-1
1
or I
John p. Smi[h, Jr
1766,'931 35. O0
John P. Smith, Jr
1557,4~19 35.00
.:. L.M.Smith
'q 96-778
-,,I (--
t,D -
MAN VEL RD.
i'
- E.R.
) Spract
D.Keller,1
,1; ~ ; .... . 1 748 488
PIPER ST.
Ruby Lee
K.E.Sprad
1726 '570
HA RK£Y nO. I
\. _D _,o
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:
No. / Date r~' ~ 19
No. Date 19
N o. Date 19
No. Date 19
No. Date 19
Editor
Notary Public, State of Texas
Laura Ann Emmons, Publisher
NING iItUZONINCt COll-
ARLAND,~:~'TEXAS
rd d~ ~f February,
ning CommissiOn of the
~ ' "mm, ~:
~ '~elopment
: ~ ! City
~ 1~. Suburban
~-: '*fict (SD) To
wit:
At said hearir~. all interested
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!, 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:
No. / Date ~'// 19 ~]
N o. Date 19
N o. Date 19
No. Date 19
N o. Date 19
Subscribe and sworn to before me this
19 ~
day of ~
Notary Public, State of Texas
Laura Ann Emmons, Publisher
..
OTICE OF A 9'Om e
-'i! _'~.'rd:~dliy: of FebNa~,
~oning Co~i,i~ of ~eTM
eadng In:-~;~e CoUncil
aebe~,~'City hall, ~19
~ '~a~ ~ve ~ dght
heard Oh ~e subject.