Ord. 509-046 03-14-94ORDINANCE NO. 509-46
AN ORDINANCE 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
LOCATED IN WILLOWICK II SUBDIVISION FROM CLASSIFICATION
SINGLE FAMILY DWELLING DISTRICT, PLANNED UNIT DEVELOPMENT
(R-3,PUD) TO SINGLE FAMILY DWELLING DISTRICT, PLANNED
UNIT DEVELOPMENT (R-3,PUD), AT THE REQUEST OF TOM PRICE,
AGENT FOR PULTE HOME CORPORATION, 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, Tom Price, Agent for Pulte Home Corporation, Owner,
filed on January 19, 1994, 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 14th day of February, 1994, 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 15th day of February, 1994, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding the proposed amendment
application of Tom Price, Agent for Pulte Homes Corporation, Owner,
whereby the Commission recommended and approved a change of
classification for the property described in Exhibit "A" from its
existing classification of Single Family Dwelling District, Planned
Unit Development (R-3,PUD) to Single Family Dwelling District
(R-3,PUD); and
WHEREAS, upon receipt of the report from the Planning and
Zoning Commission, the City Council considered this application,
1
City
classified as Single
Development (R-3,PUD) is hereby for
reclassified Single Family Dwelling
Development (R-3,PUD):
District,
and concurred with the recommendation of the Planning and Zoning
Commission, at its regular meeting on February 28, 1994; and
WHEREAS, the City Council having fully heard the testimony and
argument of all interested parties, having been fully advised in
the premises, finds that in the case of the application of Tom
Price, Agent for Pulte Home Corporation, 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
limits of the City of Pearland, Texas, and presently
Family Dwelling District, Planned Unit
all purposes changed and
Planned Unit
with the provision that there shall be one side yard of at least
five (5) feet, with an aggregate adjacent dwelling separation of
twelve (12) feet.
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,
morals and general welfare of the public and is a proper valid
exercise of the City's police powers.
2
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.
PASSED and APPROVED on first reading this
day of
MAYOR
ATTEST:
ORDINANCE NO. 509-46
PASSED and APPROVED on second and final reading this
day of /~/~./u.J-----/ , A.D., 1994.
MAYOR
ATTEST:
APPROVED AS TO FORM:
D CK GREG
CITY ATTORNEY
~. EXHIBIT "A"
.CHANGE REOUESTF. D:
Cd~hange' in Zoning Classification
13 Change in Regulations in
Section
PROPERTY IDENTIFICATION:
Street or Road.Address:
Lot__, Block
ZONING CHANGE APPLICATION
_, Addition ~tl-aw, c~- ,77'_
D Specific Use
For:
Tax I.D.t
Y. EGAL DRSCRIPTION:
Unplatted Land: (Must have survey & metes and bounds description)
PROPOSED USF, OF Y.AND WITHIN BF. OUESTED DESIGNATION:
~CORD O~R: ~~
AGF-NT' ~q
/
PETITTON:
SIGNATURE:
FEE:$ Zs'o
DATE FILED:
As OWNM-R/AGF~NT, I hereby 'petition the City for approval of
the above described requeit as 'provided by the ws of the
State of Texas and', '~'Oril~ ' ·
.,:;;;:::j:=
DATE PAID: RECEIVED BY
/~/' ~j APPLICATION NO,
~VXSBD ~BRU~y 17, 1993
EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
Before me, the undersigned authority,'on this day personally
appeared GLORIA BOIKE, Business Manager for THE JOURNAL, a
newspaper having general circulation in Br~zoria County,
Texas, who being by me duly sworn, deposes and says that the
foregoing attached notice was published in said newspaper'
on the following date(s), to wit:
, 19
, 19
, 19
BUSINESS MANAGER
(SEAL)
NOTICE OF A JOINT PUBLIC
HEARING OF THE CITY COIJNCIL
AND THE PLANNING AND ZONING
COMMISSION OF THE CITY OF
PEARLAND, TEXAS
Notice is hereby given that on the 14th
day of Febma , 1994, at 7:00 P.M.,
Zoning Commission of the ~.n?t~ of
Pearland Brazorla and Harris
Countfee, %xae, wl co u~t a Joint
Public Hearing in t Council
Chambers, Ci 19 Liberty
Di!e, F ~ad~e~tY~l'
Ame~ ent to ® L nd
Ud~an I ~i~t,~C~,t~,pU~),t~ old
Develo ~ nt (R-E. PUD to 8in I®
f~vdn I dae~/d~d pro~., t~wit
WUk}w~k II (McLean Road)
At ssjd headng all interested pa~tee
at~l have ~e .~ght and .oppo~uN_ty to
Pat Jone~ City 8ecretav/
APPLIOATNDN NO. 40
~H~RY PU~BB~
STATE OF TEXAS