Ord. 509-312 05-11-99 Failed ORDINANCE NO. 509-312
FAILED ,5-11-99
ORDINANCE NO. 509-312
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 LOT 15, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 6, H.T. & B.R.R CO. SURVEY, A-544, VOLUME 136,
PAGE 500, DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 689) (13260 HATFIELD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT
(MH) AT THE REQUEST OF B & J GROUPING, INC., A TEXAS
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, B & J Grouping, Inc., a Texas Corporation, owner, filed on January 11,
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
application for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 15th day of March, 1999, 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 3rd day of May, 1999, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by B & J Grouping, Inc., A Texas Corporation, owner, whereby the
Commission recommended and approved a change of classification for the property
described in Exhibit"A"from its existing classification of Suburban Development District (SD)
to Mobile Home District (MH); 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 May 10, 1999, 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 B & J Grouping, Inc., A Texas 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:
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
for all purposes changed and reclassified as Mobile Home Business District (MH); such
property being more particularly described as:
Lot 15, Allison Richey Gulf Coast Home Co. Subdivision, Section 6, H.T. & B.R.
R. Co. Survey, A-544, Volume 136, Page 500, Deed Records of Braozoria
County, Texas(13260 Hatfield)
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
2
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
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. 509-312
PASSED, APPROVED, and ADOPTED on First Reading this , day of
, 1999.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED,APPROVED, and ADOPTED on Second and Final Reading this day
of , 1999.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
•
er
Young Lorfing Ir :F�: TT
City Secretary485PEARLAND
(281)485-2411 x341
Telecopier(281)485-1106 T Es. X 17.-
sT
May 24, 1999
•
r B & J Grouping Inc., A Texas Corporation
Attn: Britt Dixon, Agent
15707 South Freeway 288
Pearland, Texas 77584
Dear Mr. Dixon:
On May 10, 1999, the City Council considered Ordinance No. 509-312 (Application No.
689)requesting the change of classification of certain real property from the classification
of Suburban Development (SD) to Mobile Home Park District (MH), after considering
Ordinance.No. 509-312 (Application No. 689) the City Council voted not to approve
Ordinance No. 509-312 (Application No. 689).
Sincerely,
Young Lorfing
City Secretary
3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416-19 • (281)485-2411 • www.ci.pearland.tx.us
•
3 May 1999
Mayor& City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 689
The above referenced zone change applications were reviewed by the Planning&Zoning Commission
at a regular meeting on Monday,April 26, 1999. The owners requested an amendment to the Land
Use and Urban Development Ordinance of said City from Classification Suburban Development(SD
to Mobile Home District (MH) on the following properties, to wit:
Application No. 689
Owner: B & J Grouping, Inc., A Texas Corporation
15707 South Freeway 288
Pearland, TX 77584
Britt Dixon, Agent
Legal: Lot 15, Allison Richey Gulf Coast Home Co. Subdivision,
sect. 6, HT&B RR Co. Survey, A-544, Vol. 136, pg. 500,
Deed records of Brazoria Co., TX(13260 Hatfield)
The motion was made by Commissioner Emil Beltz and seconded by Commissioner Donald Glenn
to approve the application listed above as Mobile Home District (MH).
The motion to approve passed with a vote of 4to 0, 1 abstention - Todd Iocco.
Please read this information into the official records of the City of Pearland and provide a written
copy to the City Secretary for the same purpose. •
Sincerely,
717f-ff, gett/oei-e
Mary 5farr, Chairperson
Planning&Zoning Commission
City of Pearland
•
♦Sx• ••� �,�'.��`C�`^'<; \.: ,.
.a.' :x:<-."An F+y♦�.u;+n'.'t * Ra" \ .:: ..� ,.��\•�\ \f.�F Y• 1 O r '�.Z'9. $ \"fi "i` ro ; z 3. 3
.Aw•5 r•a'o K e� , �, ..+j \�:a�'' ,•� ^•>•�Q'1\'\C�\ \ \�`t \ Z \r Y`I �Lc t � j .
`y ^" f` i5♦N $.< st [�nC ti.�i i v { r rt• one \ �..
o ♦ .�', >�' �,�_id `\"� i,� � T`'o f; ■' � yN•�'
• a�N �CgAt l k ts>4, 'Z -nit "\ : � .%
l Change in Zoning Classification from: — ' 2-2 _ to: Mt31/,�e/ryem. ti.
Ceror,h uA.
Change in Regulations in Section if:
Specific Use for: *
Property address: 13260 HATFIELD RD. PEARLAND, TEXAS 7758B
At lek_ke.1 Gtu sf
Lot; l S Block: Subdivision:
Roma Cp • S E o tr"i
Metes & Baunds Description:
(unplatted property only; attach survey)
Tax I.D. number: a 4`4 q OO S 0
Proposed use of land within requested designation: , rno bal le e>nk pa Pk
Record owner's name: B & J GROUPING, INC. , A 'TEXAS eUI k'U1:A'1'10N
Owner's mailing address: 15707 SOUTH FREEWAY 288 PEARLAND, TEXAS 77584
Owner's telephone number: (713) 436-1694 d
4
Agent's name: Xd p?
Agent's mailing address: 7 tee e„a e-
Agent's telephone number: � �/ _ i�
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 Ordinances of the City of Pearland. *On a Specific Use
Prrrnit request to allow a residential use ilt a business zone (Or, NS, GB), I acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity_
(awn '4 S � �'"Cf i1;naturc: r
Agent's signature: / r4"
l:c�re aid: .. NNW `--� ---
t' lb. , 1 .d ► Date : _ _• •
71I
` htcccivec by S m 3 t r'•\«'tcY S t<?Wt<#n?ON•J•i i).4.:.rR•:"!•:%.rw v��<.- . �•.♦•x'z
w �i<4>•< ;
•
11
1 O CITY LIMB LINE
ZONE R-2
SCOTT
12
zoo'
cm)
livir11111111111111111111ijiill
ZONE R—%
ROAD
.11111°.
/r/7
ZONE R-2 RICE
16 0
ZONE C
0
LLI
li
ZONE R-2
19
18
City of Marlene,Texas
B l J BRO WN° INC.
R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT ZONE CHANGER-2 MEDIUM DENSITY SINGLE FAMILY DWELLING FROM
DISTRICT R-2 TO MH
MH MOBILE HOME PARK DISTRICT " .".689 far. SKEET
DAG FEB., 1999 „` ;_- . 1
C COMMERCIAL DISTRICT DIM prd.E.e. rao nja
Clad O,D. ShIM1 99-8072 OF I
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 2- 3
19 1)
No. Date 19
No. bate 19
No. Date 19
No. Date 19
.-.Psa\cfL Ivrrel-r\er\S-
President
Subscribe and sworn to before me this day of 41C/1
CA
19
/ COfflml
k ls-,s1?'fisher
- - • ic, State of Texas
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 1- issues, as follows:
No. / Date o -� � 19
No. Date 19
No. Date 19
No. _ _ Date 19
No. Date 19
2Ar.i/ g/fritlic-ay.]
President
Subscribe and sworn to before me this -25 day of (C-4-
19tit alle4i21! rf EittrAit
w$7,6tErnomo o Rub1i er •
1 N.,'Z L, Commission Expires 9-9-02
f
OTICE OF'A JOINT PUB- i
, IC HEARING OF THE CITY 1
-OUNCIL AND THE PLAN-
: ING AND ZONING COM- 1
ISSION OF THE CITY OF i
ARLAND,TEXAS
otice is hereby given that on
e 15th day of March, 1999,
fi•tt 6:30 p.m.,-the City Council •
nd the Planning and Zoning
i ommission of the City of
t eeariand,Brazoria and Harris j
t.`.Counties,Texas,will conduct -
'la Joint Public Hearing in the
: °'` Council Chambers,City Hall,i
--.'1 3519 Liberty Drive, Peariand,
it-)Texas,on the request of Britt
'Dixon, agent.for B & J
7..•Grouping, Inc.,owner,for an
amendment to the Land Use
-'- and Urban Development
Ordinance'of said City from
- :f Classification Suburban
•pevelopment(SD)to Mobile
• :,'•,.,Home District(MH)on the fol-
lowing described property,to
--. :..11;•
t 15, Allison Richey Gulf
\`,;1 -st Home Co.-subdivision,- !
7 "t. 6, HT&B RR Co.sur-
ri,!,Ivey,A-544,Vol.136,pg.500; :
8: Deed Records of Brazoria
it, :iCo., TX (13260 Hatfield
n .1 Road)
n '.
it , ,'t said hearing all interested
oarties shall have the right -
gnd opportunity to appear and '
ii
E` a heard on the subject.
1 k F,
f'', Young Lorfing •
'`` City Secretary -
i.;1 i
L APP •N •
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 1- issues, as follows:
No. / • Date ��� 19 �?�7
No. Date 19
No. Date 19
No. Date 19
No. Date 19
%.(v.let
S44.114.-dYJ• S
President
Subscribe and sworn to before me this ,2-C _ day of
19 �a
go ( ~A tErinriac (RN& er
Commission Expires 9-9-02 �/
v
it PUIII B . .
' ' o BLIC ' ---
C �.`
ARING OF THE CITY
UNCIL AND THE PLAN- — - '_
(
` G AND ZONING COM- j 9, recorded in Vol 113, pg.
` -SIGN OF THE CITY OF i 1 :241, &Tract 2:The E 1/2 of
:BLAND,TEXAS �. of 63,sect.9,HT&B RR Co.
_ ..1�--,._--
j survey,=A=234, recorded-in
P e is hereby given that on Vol 13,pg.615,Deed records
It 'f th day of March,1999,at I ii of Brazoria Co., TX (1461.0 I
6,'s p.m.., the City Council If Roy Road) 1
la 4 he Planning and Zoning
Cc'emission of the City,of At said hearing all interested 1
=P: uand, Brazoria and Harris parties shall have the right.
C•,,,ties,Texas, will conduct 'and opportunity to appear and
af!>nt Public Hearing in the be heard on the subject.
la ncil Chambers, City Hall, j
i
3 9Liberty Drive, Pearland, `r oung Lorfing
.T Lis, on the request. of i ;,iry Secretary
f
Je'. a Parisher,.agent for
Fr- ces Powell Adams, . _ r4= �.'�;^�'-
o'�. , for an amendment to
.th 'Eland Use and Urban
De'lopment Ordinance of
s<et City from Classification
S.`•urban Development(SD)
t•C.ommercial District(C)on
t ;.following described prop-'
1 to wit:
_ - ct.lr the E 1/2 of Lot 64; -
' , &B RR Co.survey, sect,- 9
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 ,,2' r i 19
No. Date 19
No. Date 19
No. Date 19
No. - Date 19
�6(. .o ik1 S
resident
Subscribe and sworn to before me this t$ _ _ day of Fe-13 .
19 1
i ' `,N� �� AUR• . . EMMONS
. .,Public St
�� •��.��"€ • , ate . E
L..,,, .�.• omm'
i
n tisHIFe fed- 4 sher
��.�..���` -mil
Notary Public, State of Texas
be Notice...
t G.,0 1 Eii 0__(a..1,-lc,
4-'.:EARING OF THE CITY!
COUNCIL AND THE PLAN-i
rr ING AND ZONING COM-t
,1ZISSION OF THE CITY OF
i,r ARLAND,TEXAS
i
t
Notice is hereby given that on
Re 8th day of March, 1999,at
030 p.m., the City Council,
- d the Planning and Zoning'
ommission of the City of
IP-ariand,Brazoria and Harris.
cIunties,Texas, will conduct
1 Joint Public Hearing in the,'
'° ,R3 uncil Chambers, City Hall,,
.. g 19 Liberty Drive, Pearland,
�l tkxas, on the request of
•
panne Parisher, agent for
1,F nces Powell Adams,
o^ner, for an amendment to
;t ( Land Use and Urban
l elopment Ordinance of
aid City from Classification i
S burban Development(SD)
f (b'Commercial District(C) on
th- following described prop-,
.,-rty,to wit I
Ufact 1: the E 1/2 of Lot 64,1
*>H & B RR Co. survey, sect..
1 recorded in Vol. 113,pg.
vat &Tract 2:The E1/2of
'licit 63,sect.9,HT&B RR Co.
s rvey, A-234, recorded in
sy'VIl 13,pg.615,Deed records
o Brazoria Co., TX (14610
dw_ a oy Road),
At said hearing all interested
parties shall have the right
-nd opportunity to appear and
toe heard on the subject.
oung Lidding
ity Secretary i1