Ord. 509-655 05-12-03FAILED 5/12/03
ORDINANCE NO. 509-655
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 6.925 ACRES, TRACT I: BEING
THE SOUTH 2 ACRES OUT OF LOT 36; AND TRACT II, BEING 4.925
ACRES, OUT OF LOT 37, BOTH IN FIGLAND ORCHARD SUBDIVISION
NO. 1, SECTION 13, H. T. & B. R.R. COMPANY SURVEY, A-240,
BRAZORIA COUNTY, TEXAS (3054 HATFIELD ROAD)(APPLICATION NO.
1102) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO MOBILE HOME PARK DISTRICT (MH) AT THE REQUEST OF
JOHN S. POWELL, ATTORNEY, AGENT FOR IRA WILLIAM (BILL)
HUBBARD , 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 S. Powell, Attorney, agent for Ira William (Bill) Hubbard , Owner,
filed on March 27, 2003, 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 21st of April, 2003, 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 29th day of April, 2003, the Planning and Zoning Commission of
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ORDINANCE NO. 509-655
the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, John S. Powell, Attorney, agent for Ira William (Bill)
Hubbard , Owner, whereby the Commission recommended a denial to the 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 the recommendation of the Planning and
Zoning Commission, at a regular meeting on May 12, 2003; 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 S. Powell, Attorney, agent for Ira William (Bill) Hubbard , Owner,
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) to is
hereby for all purposes changed and reclassified as Mobile Home Park District (MH); such
property being more particularly described as:
6.925 acres, Tract I: being the South 2 acres out of Lot 36; and Tract II, being 4.925
acres, out of Lot 37, both in Figland Orchard Subdivision No. 1, Section 13, H. T.
& B. R.R. Company Survey, A-240, Brazoria County, Texas (3054 Hatfield Road).
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ORDINANCE NO. 509-655
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.
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ORDINANCE NO. 509-655
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 day of
, 2003.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
4
TOM REID
MAYOR
ORDINANCE NO. 509-655
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 2003.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
TOM REID
MAYOR
April 29, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1102
Request of Ira William (Bill) Hubbard owner, for an amendment to the Land Use and Urban
Development Ordinance of said City from classification Suburban Development to Mobile
Home Park District (MH), on the following described property, to wit:
Being 6.925 acres, Tract I: being the South 2 acres out of Lot 36; and Tract II, being 4.925 acres,
out of Lot 37, both in Figland Orchard Subdivision No. 1, Section 13, H. T. & B. R.R. Co.
survey, A-240, Brazoria Co., TX (3054 Hatfield Road)
Honorable Mayor and Council Members:
At a regular meeting held on April 28, 2003 immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Ray Bacon made a motion to forward Zoning Application No. 1102 to City Council
for approval with a second made by Robert Scherrer.
Motion to approve failed 4-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Ira William (Bill) Hubbard
P.O. Box 992
Pearland, TX 77588-0992
John S. Powell, Attorney
2405 South Grand Blvd
Pearland, TX 77581
Page 1 of 1
MAR 24 2003 16:39 FR CITY OF
PEARLAND
281 652 1702 TO 92814854858 P.02
Please check one:
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
® Change in Zoning Classification from: S.D. to: M.H.
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information:
Address: 3054 South Hatfield Road
Figland Orchard
Subdivision: Subdivision No. 1
Lot: 36 and 37 Block:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description*
Current use of property
(type of structures on property): "Non-conforming"/Mobile Home Park
Proposed use of property: Mobile Home Park (expanded)
PROPERTY OWNER INFORMATION:
NAME Ira William (Bill) Hubbard
ADDRESS P. 0. Box 992
CITY Pearland
STATE TX ZIp 77588-0992
PHONE( 281 ) 489-2689
APPLICANT/AGENT INFORMATION:
NAME John S. Powell, Attorney
ADDRESS 2405 South Grand Blvd.
C1TY Pearland STATE TX
PHONE( 281 ) 485-4252
ZIP 77581
FAX( ) FAX( 281 ) 485-4858
E-MAIL ADDRESS E-MAIL ADDRESS
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.
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 Signatur Date:
Agent's Signa re:
Date: mavcji 26, 2003
OFFICE USE ONLY:
FEES P • • : ol, /:aj
DATE PAID: 3/ a71 Qs
RECEIVED BY: /.,/"--- APPLICATION NO, [ 1
** TOTAL PAGE.02 **
0 200 400 Feet
1 1 1 1 1 I
Zone Change Application No. 1102
Ira William Hubbard
3054 Hatfield Road
(SD - MH)
N
W E
S
AFFIDAVIT OF PUBLICATION
The Pearland ReporterNews
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, Harris & Galveston Counties, for / issues, as: follows:
No. / Date 9.-2 20 42
No. Date '20
No. Date
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 62
3
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
`20.
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1102
Published 04/02/03
Published April 2, 2003
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 21st day of April, 2003, at
d6:V0 p.m., the City Council
Planning and Zoning
Cor"pion of the City of
Pearland, 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 John
S. Powell, Attorney, agent for
Ira William Hubbard, owner,
for an -amendment to the
Land, Use ,and! . Urban
Development Ordinance of
said City from Classification
Suburban Development
District (SD) to Mobile Home
Park District (MH) on the fol-
lowing described property, to
wit:
Being 6.925 acres, Tract I:
being the South 2 acres out
of Lot 36; and Tract II, being
4.925 acres, out of Lot 37,
both in Figland Orchard
Subdivision No. 1, Sect 13,
H. T. & B. R.R. Co. survey, A-
240, Brazoria Co., TX (3054
South Hatfield Road)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
/sl Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1102