Ord. 509-031 10-26-92ORDINANCE NO. 509-31
AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLAS-
SIFICATION OF CERTAIN REAL PROPERTY LOCATED IN RIVER-
WALK SUBDIVISION FROM R-3 PLANNED UNIT DEVELOPMENT (R-3
PUD) TO R-3 PLANNED UNIT DEVELOPMENT (R-3 PUD) AT THE
REQUEST OF ALFRED E. LENTZ, AGENT FOR FEROZE P. AND
SHERNAZ BHANDARA, OWNERS; PROVIDING ANAMENDMENT TO THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVI-
SIONS RELATED TO THE SUBJECT.
WHEREAS, Alfred E. Lentz, Agent for Feroze P. and Shernaz
Bhandara, Owners, filed on August 20, 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 pur-
poses, as Exhibit "A"; and
WHEREAS, on the 21st day of September, 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 22nd day of September, 1992, the Planning
and Zoning Commission of the City submitted its report and recom-
mendation to the City Council regarding the proposed amendment
application of Alfred E. Lentz, Agent for Feroze P. and Shernaz
Bhandara, Owners, whereby it recommended and approved a change of
classification for the property described in Exhibit "A" from its
existing classification of R-3 Planned Unit Development (R-3 PUD)
to R-3 Planned Unit Development (R-3 PUD).
WHEREAS, upon receipt of the report from the Planning and
Zoning Commission, the City Council considered this application
1
at its regular meeting on September 28, 1992; 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 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:
I.
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 PUD):
Lots 3-12, Block 2, Lots 28-31, Block 3, and Lots 3-32 and
39-46, Block 4, Riverwalk Subdivision, Section 2, Volume 16, Page
219 and 220 of the Brazoria County Map Records.
II.
The City Council of the Cityof Pearland finds and deter-
mines 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 presenta-
tion 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
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
~emaining 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 Secretary is hereby directed to cause to be pre-
pared 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
day of ~~ , A.D., 1992.
C
ATTEST:
on second and final reading this
day of / , A.D. , 1992.
ATTEST:
Pat J ty Secretary
APP~~FORM:
Lester Rorick, City Attorney
3
' · , ~ ,,-',CI I Y UF PEAI;,LAIIU ~
,41,,.· ·
LAND
ZONING CHANGE REQUESTED
( ) Change in Regulations in
Section
(X) Change TTi'Z6ile"'C~ss
From: R 3 PUD
T0: R 3 PUD
F. CIIAI4GE APPLICATION
EIllIBIT "A" .,
BOARD OF ADJUSTMEN[ & APPEAL.
( ) Variance Apl~eal
( ) Aplmal fro,,, Interpretation
( )SI,eclal Exceptio. 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
31 North Arrow
4. Site map attached
LEGAL DESCRIPTION:
Tract Di,me,sion
Location. size. Fe'l~Ei6ii~hip of
all existi,g structures to
boundary 1 i,es
Describe from Deed Records, attach copy of Deed, and use metes and bounds
description:
Platted Land: Lot~ 3-12, Block 2, Lots 28-31, Block 3, and Lots 3-32 -tq-46, Block 4, Riverwalk Subdivision Section 2, Volume 16,
Pag~ :Plq ~,~20, R.C.M.R.
Unplatted Land: (Must have metes & bounds description)
PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATIO[i:
to increase lot size.
Same use - Application is
RECORD OWNER: Feroze P. Bhandara and Shernaz F. Bhandara
OWNER'S MAILING ADDRESS & PIIONE NO.: 7227 Fa~nin,. Suite 202, Houston, Tx
77054
AGENT'S NAME: Alff-ed E. Lentz
NO. 796-1212
AGENT'S MAILING ADDRESS: 1328 South Loop West #201, Houston, TExas 77054
PETITION: As OWNER/AGENT , I hereby petition time City for approval of the above
described request as provided by tile laws of the State of Texas and
· Ordinances of the City of Pearland·
'SIGNATURE_ ~ p. ~~k_~~ SIGNAIURE
DATE FILED: '/~ ~ ~-~
RECEIVED UY:i/~ ~'
:iAPPLICATIOI.t NO. b-~-~
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
Subscribed and sworn to this X{
~% .
, 19
BUSINESS PL~NAGER
day o f~~~,~~
NOTICE OF A JOINT PUBUO
HEARING OF THE CITY COUNCIL
THE PLANNING AND ZONING
COMMISSION OF THE CITY OF
Plannin nin~ · of
the Ci 'arland, Br--,-,-,~o and
,~. ~ R-S, PUD, Sin le Family Dwelling
"~-~3~; t:8-12, Block 2, Lot~ 28-31~ i~ -
STATE OF TEXAS
LEGAL NOTICE
8, end Lo~ $-32 and 39-46, Block 4.
Riverwalk Subdivision, Section 2,
Volume 16, Page 219 and 220 of the
Brazoda County Map Rec, on~s.
At said hearing all interested parties
shall have be fight and opportunity to
appear and be heard on the subject
Pat Jones, City Secretary
APPLICATION NO. 28