Ord. 509-300 05-11-99 Failed ORDINANCE NO. 509-300
_ _ FAILED 5-11-99
ORDINANCE NO. 509-300
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 BEING 4.89 ACRES OUT OF TRACT 16A, H.T. & B.R.R. CO.
SURVEY, A-234, ACCORDING TO THE PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 588) (13445 MAX ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE
HOME PARK DISTRICT (MH) AT THE REQUEST OF JOHN L. COLE,
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, John L. Cole, owner, filed on October 19, 1998, 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 5th day of April, 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 6th day of April, 1999, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by John L. Cole, 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 Park 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 April 12, 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 John L. Cole, 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 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 Park District (MH); such property
being more particularly described as:
Being 4.89 acres out of Tract 16A, H.T. & B.R.R. Co. Survey, A-234, according'
to the plat records of Brazoria County, Texas (13445 Max Road)
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
2
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.
PASSED, APPROVED, and ADOPTED on First Reading this D,L~'~ day of
~/ / ,1999.
ATTEST'
~EID
MAYOR
ORDINANCE NO. 509-300
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,1999.
day
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
Change in Zoning Classification from:-~ Z) to: /if'//-/ '
Change in Regulations in Section #:
Specific Use for: *
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
d-ZA/r
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
4-
Record owiler's name:
Owner's mailing address:
Owner's telephone number:
2 E~/ )
Z.'. ~'/zC~'~/ ~-
"7
Agent's name: ../L/f~
Agent's mailing address:
Agent's telephone number:
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
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Owner's signature:
Fees paid: $
Received by:
Agent's signature:
Date ~ /C"
15
18
C
19
ROBIN SOUND
ROBIN MEADOW
47
N
k
37 20
W. CUFF STONE RO. (C.R. 560)
SD
R-1
MH
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY
MOBILE HOME PARK DISTRICT
W. CUFF STONE RO. (C.R. 560)
Cltltdl~Texa~
DWELLING DISTRICT
,IOHNLOOLE
1
AFFIDAVIT OF" PUBLICATION
The Pearland Reporter N, ews
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 19
No. Date 19
No. Date 19
No. Date 19
~President
Subscribe and sworn to before me this
19 ~t~
i~StQNQETHE
~URLAND;TE'XA :: S
:" " '
~otice is hereby given that on
.~ ~e'5th day Of, April, 1999, at
... :30 p:.m;,'.the City Council
~;d the' Planning and Zoning
~.$ommission of the City of
'~;'-~ 5~adand, Bmzoria and Harris
.~ounties, Texas, will conduct
.~ Joint Public Hearing in the
,,~.;i~,ounci! Chamb.ers, City Hall,
',from:.:
iattonii' ':Suburba:n
ftr c;
· ~;HT& B RR CO. survey~
plat records: o
~da;CO;.TX (13445:Max~
shall have the right
o~uniW to appearand:
~On the subj~. '~: :;"
AFFIDAVIT OF'PUBLICATION'
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!, 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 D°~ ,?...c/' 19 '%5
No. Date 19
No. Date 19
No. Date 19
No. Date 19
(~President
Subscribe and sworn to before me this
19
day of Tb'~rJ-,,
URA
~ary Public, State of Texaa
· sion i 9
ITI
Notary Public, State of Texas
6April 1999
Mayor & City Council members:
City Hall
Pearland, TX 77581
RIB: Zoning Applications No. 588
The above referenced zone change applications were reviewed by the Planning & Zoning Conumission
at a regular meeting on Monday, April 5, 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 Park District (MH) on the following properties, to wit:
Application No. 588
Owner:
John L. Cole
3520 East Circle
Pearland, TX 77581
Legal:
Being 4.89 acres out of Tract 16A, HT& B RR Co. Survey, A-234.
According to the plat records of Brazoria Co., TX (13445 Max Road)
The motion was made by Commissioner Jack Mathis and seconded by Commissioner Tommy Scott
to approve the application listed above.
The motion to approve passed unanimously (6-0).
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,
Planning & Zoning Commission
City of Pearland