Ord. 509-316 08-09-99 FailedFailed 08/09/99
ORDINANCE NO. 509-316
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 6.925 ACRES OUT OF LOT 36 AND LOT 37, FIGLAND
ORCHARD SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-240,VOLUME 3,
PAGE 77, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 576)(408 HATFIELD) FROM THE CLASSIFICATION SUBURBAN
DEVELOPMENT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST
OF TERRY AND LAURA O'KEEFE, OWNERS, 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, Terry and Laura O'Keefe, Owners, filed on October 6, 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 29th 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 August, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Terry and Laura O' Keefe, owners, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Suburban Development (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 August 9, 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 Terry and Laura O'Keefe, owners, 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 (SD) is hereby for all
purposes changed and reclassified as Mobile Home District (MH); such property being more
particularly described as:
Being 6.925 Acres out of Lot 36 and Lot 37, Figland Orchard Subdivision, H.T.
& B.R.R. Co. Survey, A-240, Volume 3, Page 77, Plat Records of Brazoria
County, Texas (408 Hatfield)
I1.
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
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.
ORDINANCE NO. 509-316
PASSED, APPROVED, and ADOPTED on First Reading this
,1999.
day of
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
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 M. COKER
CITY ATTORNEY
L-'"~Change in Zoning Classification from:
~ Change in Regulations in Section #:
~ Specific Use for: *
Property address: qO~
Lot:
3 7 ,,Ot~'~cr_~ Block: SuMivision:
Metes ,~,. Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation: ,
Record owner's name: /rYz, y'
Owner's mailing address:
Owner'= telephone number:
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~~ses on properties in my vicinity.
34
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30
27/
26
23 N R2
--'"' FITE ROAD
56
33 32 29
ZONE SD
ZONE SD
38
39
42
28 25
2,4-
36
4O
41
ZONE R-4
ZONE OB
SD SUBURBAN DISTRICT
R-2 MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
R-4. MAXIMUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
City of Pem'l.nd, Text8
~ & LAURA O'I~.EFE
ZONE CHANQE
FROM
8D ~ MH
I
~ ~J.~B. ~ ~
MH MOBILE HOME PARK DISTRICT
GB GENERAL BUSINESS DISTRICT
3 August 1999
Mayor & City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 576
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, March 29, 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 (MI-I) on the following properties, to wit:
Application No. 576
Owner:
Terry & Laura O'Keefe
2920 Hatfield
Pearland, TX 77581
Legal:
Being 6.925 acres out of Lot 36 and Lot 37, Figland Orchard sub-
division, HT& B RR Co. Survey, sect. 13, A-240, Vol. 3, pg. 77,
Plat records of Brazoria Co., TX (408 Hatfield)
The motion was made by Commissioner Chris Cookson and seconded by Commissioner Emil Beltz
to approve the application listed above.
The motion to approve passed with a vote of 6 to 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,
Ma/y~St~, Chairperson
Planning & Zoning Commission
City of Pearland
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. S-/E) 19.~
No. Date 19 __
No. Date 19 __
No. Date 19 __
No. .Date 19 __
Pr~esident
Subscribe and sworn to before me this
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._. / --) 19 ~fi
No. Date 19 __
No. Date 19 __
No. Date 19 __
No. Date 19 __
President
Subscribe and sworn to before me this
19 ~q~
day of ~
~:~-~]1~8b--~; State of Texah:r
~IING AND ZONING COM-
,~MISSION OF THE CITY OF
.I~EARLAND~ TEXAS
-';~otice is hereby given that on
~e 29th day of'Mamh, 1999,
at 6:30 p.m., the City Council
and the Planning and Zoning
Commissionof the City
Pearland, Brazoria and Harris
Counties, Texas, will conduct
Joint Public Hearing in the
Council Chambers, City Hall;
3519 Liberty Drive, Peariand,
Texas, on the request of Gary
Stahlheber, agent for Terry &
Laura O'Keefe, owner, for an
amendment to the Land Use
and Urban Development
Ordinance'of said City from
Classification Suburban
DeveloPment (SD) t~ Mobile
Home District (MH) on the fol-
-lowing described prope'rty, to
the South 2 acres~ out
Lot 36 & lot 37 & 37k,
Orchard subdMsion,
.pg; 77~ plat
i~ia~co?X
•
ORDINANCE NO
509-316
3 August 1999
Mayor& City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Application No. 576
The above referenced zone change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, March 29, 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 (ME) on the following properties, to wit:
Application No. 576
Owner: Terry& Laura O'Keefe
2920 Hatfield
Pearland, TX 77581
Legal: Being 6.925 acres out of Lot 36 and Lot 37, Figland Orchard sub-
division, HT& B RR Co. Survey, sect. 13, A-240, Vol. 3, pg. 77,
Plat records of Brazoria Co., TX(408 Hatfield)
The motion was made by Commissioner Chris Cookson and seconded by Commissioner Emil Beltz
to approve the application listed above.
The motion to approve passed with a vote of 6 to 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,
S /i
Mary St rrr, Chairperson
Planning&Zoning Commission
City of Pearland