Ord. 509-075 07-22-96ORDINANCE NO. 509-75
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT
ORDINANCEOF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF
CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED
IN A 2.0511 ACRE TRACT OUT OF THE PERRY AND AUSTIN LEAGUE
SURVEY ABSTRACT 111 (2809 LONGWOOD) FROM CLASSIFICATION
SINGLE FAMILY DWELLING DISTRICT (R-l) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF DANIEL D. RUCKER, AGENT FOR
ROBERT E. EIGNUS, 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, Daniel D. Rucker, agent, filed on May 22, 1996, 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 24th day of June 1996, 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 25th day of June, 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation to the
City Council regarding the proposed amendment application of Daniel D.
Rucker, agent, whereby the Commission recommended and approved a change
of classification for the property described in Exhibit "A" from its
1
existing classification of Single Family Dwelling District (R-i) to
General Business District GB); 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 P~anning and Zoning Commission, at a
regular meeting on July 8, 1996, 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 Daniel D.
Rucker, agent, 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:
The following described property located within the corporate City
limits of the City of Pearland, Texas, and presently classified as
Single Family Dwelling District, (R-l) is hereby for all purposes
changed and reclassified General Business District (GB):
A 2.0511 acre tract out of the Perry and Austin League Survey
Abstract 111, Brazoria County, Texas, being a portion of a
3,632 acre tract of land conveyed to W.T. Eignus, as recorded
in Volume 432, Pages 407,408 and 411 of the Deed Records of
Brazoria County, Texas, and more specifically described by
metes and bounds in Exhibit 'A" attached hereto and made a
part hereof for all purposes, and generally located on 2809
Longwood.
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
hereinabove described property.
VII.
This Ordinance shall become effective
the reclassification of the
after its passage and
3
ORDXNANCE NO. 509-75
VII.
This Ordinance shall become effective
approval on second and final reading.
after its passage and
PASSED, APPROVED and ADOPTED on First Reading this
day of , 1996.
TOM REID, MAYOR
ATTEST:
~C. BENITEZ ~
SED, APPROVED~ED on
day of
Second and Final Reading this
, 1996.
TOM REID, MAYOR
ATTE S T:
~RETARY '
APP ED AS TO FOE Q{: ~~iTY AT~'~E~Y
__ Change in Regulations in Section #:
Property address:
__ Specific Use for: *
e.o,57i ,~C.-, ovr oF P.-~,y ,Z
Bl~k: Su~ivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name: ~
Owner's mailing address:
kt~....C'
Owner's telephone number:
Agent's telephone number:
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
NStu~kn~ ~~/~
Permit request to allow a residential use in a business zone (OP, ledge that such use
may be incompatible with current and future uses on properties in my .
Owner's ~//~ Agent's signa
Fees paid: $ ~:fo.o°
Received by: sL::~fr.,~_-
(TYP.)
ZONE R- 1
2
4
ZONE C
/
/
.'.t ,2 O0,0 O0
peorlo,d 1984
I ~1®
.SCALE I" · I000'
4000
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EXHIBIT "A*
!~SCRI i~ ! 08
Of t S.0611 acre trout oat of the hrr~ end AustIN beNgas BurveT
Aberrant XIi, Brazerig County, Tens, betas & portion of · 3.lag
ao~e tract of lend conveyed to e.T. Kilnus, as ~ouufdsd in Volume
i3l Aims 40T, 408 and 4~1 of the Deed Rooords el Braeerie
Cos~tl, Texas, said ~.06%1 tore track boinl more pertioularll de-
scribed b~ ate& and bounds es followS: (barlull based am
COdafaCile(Bat u one Jnoh iron pipe found/or the North oornur of
acre tract of land, also buLBS IN the seltkoastotl~
rtlbt-of-wtJ line of toniwood DyLvo (00.05 loot wide right-of-
an are length of 6T,40 £eet, a neutral an$lo of 0S deC- 09 ms.
Sa sea., · ohord hiring of ~owth T4 doS. IS Bin, 14 see,
and a ohord distance of 6T.l& feet to a 6.8 lank iron rod sot
of
foot to a i/a Jamb iron rod net for
feet to a nil found for corns?:
T~N~ ~eth 4B dog. 30 Rim. BJ sen, hut, a distance
fMt ~o I nail fo~ for corner;
fMt to I 6/8 inch Iron red found for oorner;
88.16
of TT.lJ
point fo~ ournor In the csn~or~lue of tfarl's Creek;
THRNC~ North 44 deS- 8; m:n. OT sac. West, along the fJoetheouter-
L~ line et said a.lli &c~e k~eet~ s dietsane of IdR.Tt loot to s
6/6 Jnok iron r~ set for coene~ In the SeutXoestoFLX Rigkt~f'
hX line of said Leagued ~ive;
T~ Nerth 46 hi. O4 elm. 41 see, bat, sleet the SetbeeeteY-
~ ligbt-Of-kf ltM of Co~wod Drive a d~atsuoe et 1T8,68 feet
to a I/l leek lrom ~ set fur a petal of curvature;
EXHIBIT "A"
DF,,iCRIPTION CONTINUF, I}
THENCE along the hutheasterl7 Right-Of-We7 ILRo 9£ Longweed
Drive be·at a ogrve to the rXtht laytar a radius of 0st.me feet,
· oentral eTele of li deS. iS BIn. 33 aec.z in are Zenith 9Z
hat, i ebord dilt&~e 9f itS.IT feet to the PLACI 4Me B~GINMIN0.
WITNESS MY HAND A)TI) SLkL THIS THB 2J. tB DAY OF MAX~ 19l$.
Regfatezed Professional lend Servelot No.
haldana, Tons TT6O4
Phone No.: (Tit)
Job No.: 06068
FJS/geFILKS/96068K
Pale i of 2
TOTAL
EXHIBIT 'B'
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Bmzoria 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 Brazoda and Harris Counties, for / issues, as follows:
No. Date '19 __
No. Date 19 __
No. Date 19 __
No. Date 19 __
Subscribe and wom to before me this
(%, ~(/ri'U~;L~F
Editor
('. day of
Laura Ann Emmons, Publisher
EXHIBIT "B'
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me .24th day oldone
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wit:being Co,. !~kiloe ol
City e , earlMe,
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