Ord. 509-359 11-08-99ORDINANCE NO. 509-359
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARl_AND,
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 A 3.300 ACRE TRACT OUT OF LOT 39,
ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 8, H.T.
& B.R.R. CO. SURVEY, A-504, RECORDED IN VOLUME 2, PAGES 23-24,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 645)
(2230 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO MOBILE HOME PARK DISTRICT (MH) AT THE REQUEST
OF MICHAEL VAVRICKA, 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, Michael Vavricka, Owner, filed on November 20, 1998, a 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 27th of September, 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 5th day of October, 1999, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Michael Vavricka, 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 October 25, 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 Michael Vavricka, 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) to is hereby
for all purposes changed and reclassified as Mobile Home Park District (MH); such property
being more particularly described as:
Being a 3.300 acre tract out of Lot 39, Allison Richey Gulf Coast Home Co. Subdivision,
Section 8, H.T. & B.R.R. Co. Survey, A-504, recorded in volume 2, pages 23-24, plat
records of Brazoria County, Texas (2230 Garden Road)
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. 509-359
PASSED, APPROVED, and ADOPTED on First Reading this
October , 1999.
25th
day of
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, andADOPTED on Second and Final Reading this 8th day
of November , 1999.
TOM REID
MAYOR
ATTEST:
UNG
- -
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
ORDINANCE NO
.509-359
October 5, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 645
Request of Michael Vavricka, 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 following described property, to wit:
Being a 3.300 acres tract out of Lot 39, Allison Richey Gulf Coast Home Co. subdivision,
Section 8, H.T.&B R.1L Co. survey, A-504, recorded in Vol. 2, pgs. 23-24, plat records of
Brazoria Co., TX (2230 Garden Rd)
Honorable Mayor and Council Members:
At a regular meeting held on October 4, 1999, after the Joint Public Heating, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Vice-Chairman Tommy Scott and seconded by Commissioner Emil Beltz
to recommend approval of Zone Change Application No. 645.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
~'~hange in Zoning Classification from:
to: /~
Change in Regulations in Section #:
Specific Use for: *
Property address:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey) _~ C C
'Fax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name: ~ [ CA
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.
Fees paid: $
Received by:
c
Agent's signature: Y') / Ca,
Date-t~aid:
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14
15
H~C~g~)l~t' ,~.oUOH
ZONES0
ZONE SD
5
~ONE 5O
t 10 tl
®
ZONE ~-1
MARSHA LANE
!6
ZONE 5O
17
ZONE
4O
12
ZONE SO
ZONE SD
ZONE SO
18
41
SD
R-!
MH
SUBURBAN DISTRICT
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
MOBILE HOME PARK BISTRICT
MICHAEL VAVFII~"KA
ZONE OHANEIE
FROM
8D TO MH
N0.:645 ~.~d.: SHEET
MARCH, 1999
~n D. SMITH 99-8089 OF
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 Brazor[a and Harris Counties, for j! issues, as follows:
Date '"",,~,~-~. ? 19. ~"~.~'"
?
No.
No. Date 19.
No. Date
No. Date
No. Date
19__
19.
19__
(~resident
'ubscribe and sworn to before me this
NO;IC; OF A .~o~r ~
PUSLIC H;,~,ING.OF ~'H;
PLANNING AND ZONING
~OM~S~O~ ~0~
OF PEAR.ND, TE~s
Notice is hereby giventh~t
the 27th day ~of September,
1999,~at 6:30 p.m., ~the City
Council and the Planning an~
~ Zoning' Commission of'the
~ Ci~ of ~Peadand; B~oda and
Harris Counties, Texas, will
conduct a Joint Public
tearing in the Council
hambers, City Hall, 3519
berry Drive, Pearland,~
~xas, on the
~ael Vavri~~
an amend~nt
JC~ ,
Secretary
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:
'Date
Date
NO.
No. Date
No. ' ' Date
No. Date 19
Subscribe and sworn to before me this
day of ·
k~~er~_~~' ' '" ........ .'-'.' -' ~'.o~' '~ "~' "
Notary Public, State of Texas
~IOTICE 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 tliat on
the 27th day of September,
1999 at 6:30 p.m., the City'
CounCitand the Planningand
Zoning' Commission.Of the ~
City of Pearland, Brazoria and ~
Harris CountieS, Texas, will
conduc,t a Joint PUblic'
Hearing in the CoUncil:
Chambers, City Ha11;~3519
Jberty BriVei Pearland,
i"e~as, lon t~e request of
Michaei~¥avt Ck~i :oWner, for i
i
OrdinMce of !l~id City ~from
ClasSificati~a; :~ Suburban
Home'DiStd~ (MH)'on t~' foi~
qwing de~db~'pr°~ t~.
:
:Being;a 3,300 ¢~c,.tract,~)ut qf
~ot 3g, AI!is0nRi°hey
C0~st'HomeCO; subdivisior~I
SeCt..~, HT&' B:!RR Co. su~'~'
~ey,~A-SQ.4,'reco~led in-Vol. 2;
pgs-23~24, pl~t:re~ords'~'f
BraZor a co:, '.TX (2230
Garden Road);
-At ,said hearing all 'interested
parties ehall have the right
and opportunity to appear and
be heard on the subject.
YoungLodJ~g