Ord. 509-033 12-14-92ORDINANCE NO. 509-33
AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEAR-
LAND, TEXAS~ FOR THE PURPOSE OF CHANGING THE CLASSIFI-
CATION OF CERTAIN REAL PROPERTY LOCATED IN WILLOWICK,
SECTION 2 SUBDIVISION FROM R-3 PLANNED UNIT DEVELOPMENT
(R-3 PUD) TO R-3 PLANNED UNIT DEVELOPMENT (R-3 PUD), AT
THE REQUEST OF ROBERT J. CAMPBELL, OWNER; PROVIDING AN
AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY .CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Robert J. Campbell, Owner, filed on November 5,
1992, 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 "As; and
WHEREAS, on the 23th day of November, 1992, 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 hereto and made a part
hereof for all purposes, as Exhibit "B", said call and notice
being in strict conformity with the provisions of Section 28.3
and 28.4 of Ordinance No.. 509; and
WHEREAS, on the 24th day of November, 1992, the Planning and
Zoning Commission of the City submitted its report and recommen-
dation to the City Council regarding the proposed amendment
application of Robert J. Campbell, Owner, whereby it recommended
and approved a change of 'classification for the property de-
scribed in Exhibit "A" from its existing classification of R-3
Planned Unit Development (R-3 PUD) to R-3 Planned Unit Develop-
ment (R-3 PUD).
WHEREAS, upon r~ceipt of the report from the Planning and
Zoning Commission, the City Council considered this application
.1
at its regular meeting on December 7, 1992.
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 the
owners named in the application, facts were presented which, in
the judgment of the City Council, would justify the approval of
said'application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
The following described property located within the corpo-
rate City limits of 'the City of Pearland, Texas, and presently
classified as R-3 Planned Unit Development (R-3 PUD) is hereby
for all purposes changed and reclassified as R-3 Planned Unit
Development (R-3 POD):
26.7399 Acres out of the Northwest One-fourth of Section
H.T. & B.R.R. Co. Survey A-239, Brazoria County, Texas.
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 accom-
plished 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 deter-
mines 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.
IV.
If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or
2
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.
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 Secretarylis 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.
The Ordinance shall become effective.after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on first reading this
7
day ~~_~ ~
ATTEST:
Pat S~cre
1992.
C. V. Copp~
this D., 1992.
. .~<~;~
ATTEST:
Lester Rorick, City Attorney
3
ZONING CHANGE REOUESTED
r_AMIDI I ~
LAND USE CHANGE APPLICATION
BOARD OF ADJUSTNENT & APPEAL
D Variance Appeal
[] Appeal from Interpretation
D Special Exception Use
For:
PROPERTY IDENTIFICATION=
Street or Road Address:
Lot , Block
, Addition
SUBMITTAL INFORMATION:
1. Must be professionally drawn
2. Minimum scale of 100' to inch
3. North arrow
4. Site map attached
5. Tract Dimension
6. Location, size, relationship
of all existing structures to
boundary lines
LEGAL DESCRIPTION:
Describe from Deed Records, attach copy of Deed, and use metes and bounds
description:
Platted Land: eal~ A ~b ~ ~e~ 7~J oF Z,w~ our
V~p~e~ed ~e~d~ {~w~ here me~e~ e~d bo~d~ de~c~o~}
PROPOSED USE OF LAND WITHIN REOUESTED DESIGNATION=
f- .%
RECORD OWNER=
OWNER'8 MAILING ADDRESS & PHONE
AGENT'8 NAME, ~(~zj~ ~,
AGENT'S MAILING ADDRESS: P,o.
PETITION= As O~ER/AGENT, I hereby petition the City for approval of the
above described request as provided by the laws of the State'~[
8iGNATU~=Texas a r inance~f the City of Pearland.
~~_0~.x . SIGNATUre'
DATE PAID=
DATE FILED: /~'~ APPLI~TION NO.
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 Brazoria 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
MANAGER
Subscribed and sworn to this~~rxdaY of~:~,,_~k~x '