Ord. 509-044 12-20-93ORDINANCE NO. 509-44
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OFTHE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE
OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED IN THE FIGLAND ORCHARD SUBDIVISION OF BRAZORIA
COUNTY, TEXAS, FROM COMMERCIAL DISTRICT (C) AND SINGLE
FAMILY DWELLING DISTRICT (R-2) TO MOBILE HOME PARK
DISTRICT (MH), ATTHE REQUEST OF GARY STAHLHEBER, OWNER;
PROVIDING FORANAMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
WHEREAS, Gary Stahlheber, Owner, filed on November 1, 1993, 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 22nd day of November, 1993, 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 provisions of Section 28.3 and 28.4 of Ordinance
No. 509; and
WHEREAS, on the 23rd day of November, 1993, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding the proposed amendment
application of Gary Stahlheber, Owner, whereby the Commission
recommended and approved a change in classification for the
property described in Exhibit "A" from its existing classifications
of Commercial District (C) and Single Family Dwelling District (R-
2) 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
1
Commission, at its regular meeting of December 13, 1993; 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 Gary
Stahlheber, Owner, facts were presented which, in the judgment of
the City Council, would justify 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 Commercial District (C) and Single Family Dwelling
District (R-2) is hereby for all purposes changed and reclassified
Mobile Home Park District (MH):
7.1153 Acres being out of Lots 3, 4, 5, 11, & 14, Figland
Orchard Subdivision, No. 1, Volume 3, Page 77, Brazoria County
Deed Records,
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 funds and determines that there has been compliance
with the mandates of law in the posting and presentati6n 0~ this
matter to the planning and Zoning Commisslon 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,
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
remaining portions thereof-
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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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED and APPROVED on first reading this
day of
, A.D., 3-gFj .
ATTEST:
Jones, ~y Secretary
PASSED and APPROVED on second and final reading this
day o~b ~~ , A. D., 19 F.5 .
ATTEST:
Pat Jones~tary
APPROVE~ AS TO FO :
D~Gr/~gg, ttojney
gS TO
3
EXHIBIT "A"
]-ONIN{: CHANGE APPLICATTON
CB~NGF: B~,OUE-,STXD:
Change in Zoning Classification
From:
TO :
O Change in Regulations in
Section-
D Specific Use
For:
pROPERTY IDENTIFICATTON:
Street or Road .Address: ~ ~b
Lot _, Block ., Addition
I.EGAL DF. SCRIPTION :;
Unplatted Land: (Must have survey & metes and bounds description)
?, 1159 ,~e - /Su~ a,F ~F zoc~ 3, ~, ~// //j
pROPOSED USE OF LAND WITBIN REOUESTED DES~;:N:Zp
/,0 ·
~GRNT' -q NAN~-:
NO ·
AGENT'-~ NAILING ADDRESSI
pETITION: As OWNER/AGENT, I hereby petit.ion the City for approval of
the above described request as provided by the laws of the
State 'Texas and Ordinances of the City of Pearland.
'*~""_'""'=~: ". " .i~~,,' /
: ~J~ ~9)',~. ,., : '
'~PPz;z'cawzON NO..3- '~
DATE FILED: ;"IT'..' c: .cE'~...~t./~,,4D .
EXHIBIT "B"
AFFIQAVIT OF PUBLICATION
Before me, the undersigned authority,'on this day personally
appeared GLORIA BOIKE, Business Hanager 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
19~'N~,~ . --'-
LEGAL/PUBlIC
NOTICE
, 19
BUSINESS NANAGER
day of ~~4~~