Ord. 509-797 10-10-05 FailedFAILED 10/10/05
ORDINANCE NO. 509-797
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 9.988 ACRES, BEING
LOT 28, ALLISON-RICHEY GULF COAST HOME COMPANY
SUBDIVISION AS RECORDED IN VOLUME 2, PAGE 23, BRAZORIA
COUNTY PLAT RECORDS OUT OF SECTION NO. 7, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 219, BRAZORIA COUNTY, TEXAS,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE WEST SIDE OF O'DAY ROAD, AND NORTH OF
BUTLER ROAD) (ZONE CHANGE APPLICATION NO. 1240) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
MOBILE HOME PARK DISTRICT (MH) AT THE REQUEST OF RAMOND
W. HOWARD, APPLICANT FOR JESUS BANDA, 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, Ramond W. Howard, applicant for Jesus Banda, owner, filed on
July 25, 2005, 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 19th day of September, 2005, 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 30th day of September, 2005, the Planning and Zoning
1
ORDINANCE NO. 509-797
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Ramond W. Howard, applicant for
Jesus Banda, owner, whereby the Commission recommended denial of the change of
classification for the described property from its existing classification of Suburban
Development District (SD) to Mobile Home Park District (MH); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on October 10, 2005; 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 Ramond W. Howard, applicant for Jesus Banda, owner, 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 corporate City limits of the
City of Pearland, Texas, and presently classified as Suburban Development District
(SD) is hereby zoned to Mobile Home Park District (MH), such property being more
particularly described as:
9.988 acres, being Lot 28, Allison-Richy Gulf Coast Home Company Subdivision
as recorded in Volume 2, Page 23, Brazoria County Plat Records out of Section
No. 7, H.T. & B.R.R. Company Survey, Abstract 219, Brazoria County, Texas,
City of Pearland, Brazoria County, Texas (Generally Located on the West Side
of O'Day Road, and North of Butler Road)
2
ORDINANCE NO. 509-797
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
3
ORDINANCE NO. 509-797
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.
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2005.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of , 2005.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
Please check one:
3D /N
® Change in Zoning Classification from: Agriculture to: Mobile Home Park
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
Property Information:
Address:
1906 O'day Rd. Pearland, Texas
(list proposed use)
Subdivision: Allison - Richy Gulf Coast Home Lot: 28A Block:
Company
Tax I.D. Number: 0219 0028 110
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): Mobile Home Park since 1979
Future/proposed use of property and reason for zone change: same a G preSPDt Th'' property
status is to be changed for platting of land. Property has to be partitioned_
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME Jesus Banda
NAME Ramond W. Howard
ADDRESS 1906 O'day Road #29 ADDRESS 1303 Turtle Creek Dr.
CITY Pearland
STATE Tex ZIP 77581
CITY Mo.City STATE TeX ZIP 77[1.89
PHONE( 281 ) 412-2010 PHONE(2x1 ) i17 5g00
FAX( )
FAX( 281 ) 416-9517
E-MAIL ADDRESS E-MAIL ADDRESS BarLife @ AOL.Com
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature:
Agent's Signature:
Yv
OFFICE USE ONLY: FEES PAID:
RECEIVED BY: tom,
cs
Date:
Date: July 25, 2005
DATE PAID: - 2 -D
APPLICATION NO. j
LOCATION MAP
Zone Change Application
No. 1240
N
W+E E 0 200 400 Feet
S Bill I
Map Prepared on August 29, 2005
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date % 20 __12_
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me
20_
st to ass,
Comm sslo ,xc;, es 09 0
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Aug. 31 and
Sept. 7, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO. 1240
Notice is hereby given that
on September 19, 2005, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Ramond W. Howard, appli-
cant for Jesus Banda,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
to Mobile Home Park
District (MH), on the follow-
ing described property, to
wit:
9.988 acres, being Lot 28,
Allison-Richy Gulf Coast
Home Company Subdivi-
sion as recorded in Volume
2, Page 23, Brazoria County
Plat Records out of Section
No. 7, H.T. & B.R.R.
Company Survey, Abstract
219, Brazoria County,
Texas, City of Pearland,
Brazoria County, Texas
(Generally Located on the
West Side of O'Day Road,
and North of Butler Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for
issues, as follows:
No. / Date 4 " 7 20 0--5
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20_U_
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Aug. 31 and
Sept. 7, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO. 1240
Notice is hereby given that
on September 19, 2005, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Ramond W. Howard, appli-
cant for Jesus Banda,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
to Mobile Home Park
District (MH), on the follow-
ing described property, to
wit:
9.988 acres, being Lot 28,
Allison-Richy Gulf Coast
Home Company Subdivi-
sion as recorded in Volume
2, Page 23, Brazoria County
Plat Records out of Section
No. 7, H.T. & B.R.R.
Company Survey, Abstract
219, Brazoria County,
Texas, City of Pearland,
Brazoria County, Texas
(Generally Located on the
West Side of O'Day Road,
and North of Butler Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Senior Planner
Planning & Zornn Commission
Recommendation Letter
September 30, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1240, a request by Ramond
W. Howard, applicant for Jesus Banda, owner, for an amendment to the Land
Use and Urban Development Ordinance of said City, for approval of a change in
zoning district from classification Suburban Development District (SD) to Mobile
Home Park District (MH)
Honorable Mayor and City Council Members:
At their regular meeting of September 19, 2005, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Suburban
Development District (SD) to Mobile Home Park District (MH), on the following property:
Legal Description: 9.988 acres, being Lot 28, Allison-Richy Gulf Coast Home Company
Subdivision as recorded in Volume 2, Page 23, Brazoria County Plat
Records out of Section No. 7, H.T. & B.R.R. Company Survey,
Abstract 219, Brazoria County, Texas, City of Pearland, Brazoria
County, Texas
General Location: Generally Located on the West Side of O'Day Road, and North of
Butler Road
Commission Member Iocco made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Greiner. The motion to approve
failed 0 — 4. The zone change was recommended for denial by the Planning and
Zoning Commission.
Agenda Request 1240
Page 3 of 4
The Commission stated the following as the reasons for the denial:
1. The proposed zone change does not conform with the Comprehensive Plan
designation of "Garden/O'Day Mixed Use District" as it does not provide for a
recommended land use along O'Day Road.
2. The proposed zone change is inconsistent with surrounding land uses, such as
the existing single family residential uses further to the north, south, and on the
east side of O'Day Road.
3. The Mobile Home Park district provides for lots of 6,000 square feet and 60 foot
wide, providing for a higher density development that is against the
recommendation of the Comprehensive Plan that encourages rezoning to larger
lots for residential uses.
Sincerely,
Planning and Zoning Commission
Agenda Request 1240
Page 4 of 4
■
200' NOTIFICATION LIMITS
WEIMER CONSTRUCTION
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Zone Change Application
No. 1240
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Map Prepared on August 29, 2005
PROP ID OWNER
R177235
R164445
R164446
R164471
R164478
R164473
R238261
R164467
R164447
R164470
R548275
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NOLES BILLY C
WEIMER CONSTRUCTION
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CITY OF PEARLAND
REYES ISAAC A & MATILDE S
CADLED PARTNERS LTD
HOLLINGSHEAD LIVING TRUST
SANTOS ADELINA
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BANDAJESUS
RAMOND W HOWARD
BANDAJESUS
SOWELL PROP PTN VILLAGE GROVE LP
BANDA JESUS
BAKER BYRON H
ZONE CHANGE APPLICATION NO. 1240
Property Owner Notification List
ADDRESS
1780 HATFIELD RD
PO BOX 1228
1853 GARDEN RD
3519 LIBERTY DR
16803 PAINT ROCK RD
8822 STABLE CREST BLVD
1950 ODAY RD
PO BOX 1245
1849 GARDEN RD
1906 O'DAY RD #29
1303 TURTLE CREEK DR
PO BOX 1281
1601 ELM ST STE 300
PO BOX 1281
2010 CARROLL
CITY
ST ZIP CODE LEGAL DESCRIPTION
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
FRIENDSWOOD TX
HOUSTON TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
PEARLAND TX
MISSOURI CITY TX
PEARLAND TX
DALLAS TX
PEARLAND TX
PEARLAND TX
77581-3124
77588-1228
77581-8734
77581-5416
77546-4226
77024
77581-3161
77588-1245
77581-8734
77581
77489
77588-1281
75201-4751
77588-1281
77581
A0544 H T & B R R, TRACT 24-25, PEARLAND, ACRES 20.000
A0219 HT&BR R, TRACT 14, ACRES 2.475
A0219 HT&BR R, TRACT 14A, ACRES 2.475
A0219 HT&B R R, TRACT 15, ACRES 7.984
LT 29 219 H T & B, ACRES 5.000
A0219 HT&BR R, TRACT 16, ACRES 9.191
PEREBOOM S/D, LOT 2, ACRES 2.500, A0219 H T & B
A0219 H T & B R R, TRACT 27, ACRES 10.000
A0219 HT&BR R, TRACT 14B, ACRES 2.475
PROPERTY OWNER
APPLICANT
A0219 H T & B R R, TRACT 28A, ACRES 5.000
VILLAGE GROVE SEC 1 (A0544 HT&B), LOT RES A-B, ACRES 14.938
A0219 HT&BR R, TRACT 28A, ACRES 5.000
PEREBOOM S/D, LOT 1, A0219 H T & B, C/S, ACRES 2.400
TO:
SUBJECT:
LEGAL
DESCRIPTION:
GENERAL
LOCATION:
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF SEPTEMBER 19, 2005
Zone Change Application No. 1240
City Council
Planning and Zoning Commission
A request by Ramond W. Howard, applicant for Jesus Banda,
owner, for an amendment to the Land Use and Urban
Development Ordinance of said City, for approval of a change
in zoning district from classification Suburban Development
District (SD) to Mobile Home Park District (MH)
9.988 acres, being Lot 28, Allison-Richy Gulf Coast Home
Company Subdivision as recorded in Volume 2, Page 23,
Brazoria County Plat Records out of Section No. 7, H.T. &
B.R.R. Company Survey, Abstract 219, Brazoria County, Texas,
City of Pearland, Brazoria County, Texas
Generally Located on the West Side of O'Day Road, and North
of Butler Road
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: September 19, 2005*
City Council for First Reading: October 10, 2005*
City Council for Second Reading: October 24, 2005*
(*dates subject to change if item is tabled)
SUMMARY: The applicant is requesting a change in zoning on the subject property for a
mobile home park. The subject property was annexed into the City in 1997 and
subsequently zoned SD. The subject property consists of a mobile home park, with
several vacant tracts of land. The applicant has indicated that portions of the subject
property have been utilized as a mobile home park since 1979. The existing mobile home
park is a non -conforming use under the current SD district. The applicant is proposing to
ZCA No. 1240
Page 1
zone the subject property to Mobile Home Park District, and expand the mobile home park
onto the undeveloped tracts contained within the subject property.
SURROUNDING ZONING AND LAND USES:
Zoning
North Suburban Development
District (SD)
South Suburban Development
District (SD)
East Commercial District (C);
Single Family Dwelling District
(R-2) as part of the Village.
Grove Planned Unit
Development District (PUD)
West
Suburban Development
District (SD)
Land Use
Undeveloped tracts
Undeveloped tracts
Undeveloped tracts; single family
residential lots under construction in
the Village Grove residential
subdivision
Undeveloped tracts
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
applicant is requesting an MH zoning district. The minimum site area for a mobile home
park is 3 acres, and the subject property is larger than 3 acres in size.
It is Staffs understanding that the applicant intends to subdivide the remaining land that
currently has no mobile homes on it into lots for individual mobile homes. The minimum lot
size for each lot under MH zoning is 6,000 square feet, the minimum lot width is 60 feet,
and the minimum lot depth is 100 feet. If the zone change to MH is approved, the
applicant will be responsible for meeting these minimum lot sizes, widths, and depths.
The applicant will be required to comply with all other requirements of the Land Use and
Urban Development Ordinance.
PLATTING STATUS: Based on the legal description submitted with the zone change
application, it appears that the subject property has not been platted. The subject property
may need to be platted in accordance with the Subdivision Ordinance, prior to issuance of
a building permit. The plat will need to address all requirements listed in the Subdivision
Ordinance, and be approved by the Planning and Zoning Commission. The plat will need
ZCA No. 1240
Page 2
to be filed for record with the County Clerk, prior to issuance of a building permit.
Each lot within the subdivision will be required to meet the minimum lot size, lot width, and
lot depth specified for the MH district.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Garden/O'Day Mixed Use District" for the
subject property and for all of the surrounding properties on O'Day Road and Garden
Road.
During the review of the Comprehensive Plan last year, O'Day Road and Garden Road
were evaluated in great detail due to the wide range of land uses that existed on these two
roadways. O'Day Road and Garden Road are characterized by diverse types of land use,
including residential, commercial, and industrial development, and because of this, the
properties along O'Day Road and Garden Road are classified in the Comprehensive Plan
as a mixed use district. The Comprehensive Plan further states that both residential and
nonresidential land uses within the Garden/O'Day corridor would benefit by becoming
conforming uses, thereby streamlining the process of making desired expansions and/or
selling property along these roadways.
The draft Unified Development Code provides for the creation of the Garden/O'Day Mixed
Use District, and this new district does not allow mobile or manufactured homes.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on O'Day Road, a secondary thoroughfare with an ultimate right-of-way of 100 feet.
No other roadways affect the subject property.
The applicant may be responsible for the dedication of right-of-way for O'Day Road, if a
right-of-way dedication is necessary, when the subject property is platted.
AVAILABILITY OF UTILITIES: There is a 12 inch water main located along O'Day Road.
There is a 3 inch force main sanitary sewer located along O'Day Road, but it extends only
adjacent to the subject property and then terminates.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The subject property currently
contains a mobile home park. The applicant has indicated that there are several spaces
within the subject property that are available for the placement of more mobile homes. The
ZCA No. 1240
Page 3
applicant is requesting the zone change in order to bring the existing mobile homes into the
MH district, plus allow for the addition of more mobile homes to the subject property.
Staff is concerned with the expansion of the existing mobile home and the granting of a
zone change for Mobile Home Park district. The existing mobile home park currently
contains several mobile homes, many of which are in an unmaintained state. The existing
access drive into the subject property is not paved, and appears to not be maintained.
Many of the units within the existing park are not maintained and appear to have open
storage of household materials and furniture.
Directly across from the subject property on the east side of O'Day Road is a new
subdivision, Village Grove, that is developing with new single family residential lots.
Although there are several M-1 tracts along O'Day Road and Garden Road, the subject
property does not appear to be the appropriate place for a permanent mobile home park,
nor the expansion of a mobile home park.
The Comprehensive Plan designates the subject area: and many areas along O'Day Road
as the mixed use district due to the following uses being located within this area: single
family residential, light manufacturing businesses, retail, manufactured (mobile) homes,
and Tight commercial businesses. The Mixed Use District allows many of these uses to
become conforming, and allows the desired expansions of uses along these roadways.
The expansion of a mobile home park is not appropriate or a desired or recommended
land use within this area.
The draft Unified Development Code provides for the creation of the Garden/O'Day Mixed
Use District, and this new district does not allow mobile or manufactured homes.
The proposed MH zoning would allow for a higher density development than adjacent
residential subdivisions. The Mobile Home Park district provides for lots of 6,000 square
feet and 60 foot wide, providing for a higher density development that was is typically being
approved and built in the City of Pearland at this time.
PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners
within 200 feet of the subject property under consideration. A legal notice of public hearing
was published in the local newspaper, and a Zoning Sign was placed on the subject
property.
STAFF RECOMMENDATION: Staff recommends denial of the zone change for MH, as
proposed by the applicant, for the following reasons:
1. The proposed zone change does not conform with the Comprehensive Plan
designation of "Garden/O'Day Mixed Use District" as it does not provide for a
ZCA No. 1240
Page 4
recommended land use along O'Day Road.
2. The proposed zone change is inconsistent with surrounding land uses, such as the
existing single family residential uses further to the north, south, and on the east
side of O'Day Road.
3. The Mobile Home Park district provides for lots of 6,000 square feet and 60 foot
wide, providing for a higher density development that is against the
recommendation of the Comprehensive Plan that encourages rezoning to larger
Tots.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Zoning Map
• Future Land Use Plan
t
4-
ZCA No. 1240
Page 5
ZONING MAP
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No. 1240
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