Ord. 509-424 2000-03-13 ORDINANCE NO. 509-424
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 LOCATION BEING 1.0 ACRES OF LAND, MORE OR LESS, OUT
OF LOT 58 OF THE ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243 OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 872) (14103 GARDENS
ROAD (CR 556)) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF ARNOUT C. & JUDITH A. RUIFROK, OWNERS, 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, Arnout C. & Judith A. Ruifrok, Owners, filed on November 22, 1999, 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
applications for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 14th of February, 2000, 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 28th day of February, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Arnout C. & Judith A. Ruifork, Owners, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
1
"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 13, 2000, 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 Arnout C. & Judith A. Ruifrok, Owners, 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)to is hereby
for all purposes changed and reclassified as Single Family Dwelling District (R-1); such
property being more particularly described as:
1.0 acres of land, more or less, out of Lot 58 of the Allison Richey Gulf Coast Home Co.
Subdivision, Section 19, H.T. & B.R.R. Co. Survey, A-243 of Brazoria County, Texas
(14103 Gardens Road (CR556))
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.
2
Ill.
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 herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-424
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
March , 2000.
TOM REID
MAYOR
ATTEST:
• UNG ( '•I■
YSRETAR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this27th day of
March , 2000.
•
TOM REID
MAYOR
ATTEST:
iii✓J / -I�
• Y S'rRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
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Change in Zoning Classification from S1 to:
Change in Regulation in Section #:
Specific Use for: *
Property address: )/ t0 3 ( 556 CI-G r6P_✓i
oacr . Alli.sa-► ►cl-, G�i�'C�5!-
Lot: 0Vzok-58 Block: Subdivision:t{�, c.ow,paa,-,y�s a5 ti� (ci
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number: bz q - 32 — L s
Proposed use of land within requested designation: Rc ckczv g 5%% le ,,,,i i ky
Record owner's name: A�,i,-,O�} C 1�- 't rG)� � n �"��U�
Owner's mailing address: )4 COQ GR 5 J 6
Owner's telephone number: (le 1 _ 4 85 4 8 6
Agent's name: 00 toe_
Agent's mailing address:
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 Ordinance 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 used on properties in my
vicinity.
Owner's signatur-: Agent's signature:
Fee paid: $ IA, • Date paid:
Received by:) ', mid ppkcatlt ber: Td-ttl 0
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City of Peariand, Texas
ARNOUn a.AJDrni RUFROK
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slot OR G. TOMIIJNSDN 99-8212 OF 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 3 CttA- Z 51' k 20 a
No. Date 20
No. Date 20
No. Date 20
No. Date 20
�ident
Subscribe and sworn to before me this +k day of J a v`
20
‘``∎�� �.' ; � ! ' n Publisher
8
Notary :'s „ 5t-:e of Texas
NOTICE OF A Jd1NY
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND,TEXAS
Notice is hereby given that on
the 14th day of February,
2000, at 6:30 p.m., the City
Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties,Texas,will conduct
a Joint Public Hearing in the
Council Chambers,City Hall,
3519 Liberty Drive, Peariand,
Texas, on the request of
Amout C.&Judith A.Ruifrok,
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-1)on the
following described property,
to wit: •
1.0 acre of land,more of less,
out of Lot 58 of the Allison
Richey Gulf Coast Home Co.
subdivision, Sect. 19,H.T.&
B. R.R.Co. survey,A-243 df
Brazoria Co.,TX (14103 CR
5'86)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Young Lorfing
City&Mary
APPLICATION NO.e72
PAGE 01/01
REPORTER NEWS
05/01/2000 22:07 28148563vi97
ArrluAT OF PUBLICATION
The Pear land Reporter News
2404 South Park
Pear land, Texas 77581
Ite of Texas
izoria and Harris Counties
andy Emmons, hereby certify that the notice hereby appended was published
irazoria and Harris Counties in THE REPORTER NEWS, a newspaper 42f general
ulation in Brazoria and Harris Counties, for / - issues, as follows:
No. Date rei4 20 a)
No. • ' Date 20 I
No. . ____ Date
20
No. Date
20
No. Date 20
j\a"„4-a--1-ftwne
President
tribe and sworn to before me this 3 4
LAURA A. DAMON!) ,
PP-i-likz;44cett:of Itnet:
naon plitre3:1-mac
hor
Notary Public, State of Teas
T12--
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND,TEXAS
Notice is hereby given that on
the-14th day of February,
2000, at 6:30 p.m.,the City
Council and the Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties,Texas,will conduct
a Joint Public Hearing in the
Council Chambers,City Hall,
3519 Liberty Drive, Peariand,
Texas, on the request of
Amout C.&Judith A.Ruifrok,
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-1)on the
following described property,
to wit
1.0 acre of land,more of less,
out of Lot 58 of the Allison
Richey Gulf Coast Home Co.
subdivision,Sect. 19,H.T.&
B. R.R. Co.survey,A-243 of
Brazoria Co.,TX(14103 CR
556)
At said hearing all interested
parties shall have,the right
and opportunity to appear and
be heard on the subject.
Yours WIN
C17 tsq*Wy
MPUCATION MII.,tati!
February 28, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 872
Request of Arnout C. & Judith A. Ruifrok, owner, for an amendment to the Land Use and
Urban Development Ordinance of said City from Suburban Development District(SD) to
Single Family Dwelling District (R-1) on the following described property, to wit:
1.0 acres of land, more or less, out of Lot 58 of the Allison-Richey Gulf Coast Home Co.
subdivision, Section 19, H. T. & B. R.R. Co. survey, A-243 of Brazoria Co., TX (14103
Gardens RD (CR 556))
Honorable Mayor and Council Members:
At a regular meeting held on February 21, 2000 after a Joint Public Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Emil Beltz and seconded by Commissioner Todd Iocco to
recommend approval of Zone Change Application No. 872.
Motion to approve passed 7 to 0.
This is submitted for your consideration.
Sincerely,
)1/ v)aU ' r
Mary Starr airman
Planning&Zoning Commission
•