Ord. 509-512 03-26-01 Failed FAILED 3/26/01
ORDINANCE NO. 509-512
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 1.450 ACRES OUT OF LOT 8,
BEING THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE H. T. &
B. R.R. COMPANY SURVEY, SECTION 14, A-509, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 501)(3713 AUBRELL OLD ADDRESS: 1611
AUBRELL) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF
RAYMOND AND RITA GIROD, 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, Raymond and Rita Girod, Owners, filed on August 31, 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
applications for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 5th of March, 2001, 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 7th day of March, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 509-512
proposed amendment application by, Raymond and Rita Girod, 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 District
(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 March 26, 2001, 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 Raymond and Rita Girod, Owners, 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 f~311owing 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 District (MH); such
property being more particularly described as:
1.450 acres out of Lot 8, being the Southeast 1/4 of the Northwest 1/4 of the H. T.
& B. R.R. Company Survey, Section 14, A-509, Brazoria County, Texas (3713
Aubrell old address: 1611 Aubrell)
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ORDINANCE NO. 509-512
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.
II1.
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.
tV.
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. 509-512
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
,2001.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
4
ORDINANCE NO. 509-512
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of ,2001.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
....... ~ ..........* :.:.-~.,5~?:. ~ ~:~.~ ~.~.
~:~.~-:::' ' ~.~ '.'..~ ~a~ ~.
~ Change in Zo~ng Classification ~om:
~ Change in Re~atio~ in Section
~ S~cific Use for: *
Lot: Block: Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name: ~A Cf~ ri//9 ~h }~' f t&, ~',~
Owner's mailing address: t/' 6 ,./ ~/ ,/ t~/~.~// (~>~,~cA'~''F-~ ~(,
Owner's telephone number: ~OO/~ '~/Ot~"'t~)~/[
Agent's name: /~ ~F-
Agent's mailing address:
Agent's telephone number: /~J ~
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 s ignature:~~~, ~ )Agent's signature:
Fees paid: $ [,,J ~ Date l~,kt:
,. ¥~g~[~::~,~,~m~~.~-....?.-.-.;~ ................
Received by: ~ ............ ~::~:~ ...................................... ~:~:~'.:?.~.:.:.:.:.:.:.~,~:~.~.:.~.~:~aa...:.:.:.:...~*~:~
BECKY LAI ~
ZONE R-1 ZONE SD ~
ZONE SD
ZONE R-1
ZONE R-I
ZONE C
200'
ZONE R-1 ZONE C
ZONE
zONE C
R-1
200'
~50 AC
zONE SD
ZONE SD
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---/'~' 20 o!
No. Date 20
No. Date 20
No. Date 20 __
No. Date 20 --
~PPresident
Subscribe and sworn to before me this/5-- day of .~
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, lexas 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. ~Z Date ,,~- .3 / 213
No. Date 20.
No. Date 20
No. Date 20
No. Date 20 --
~President
Subscribe and sworn to before me this ~ day of ~c~--'~
20 Ol
~r.~~ her
S
.~ OF THE
;t of
March 7, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 501
Request of Raymond and Rita Girod, owners for an amendment to the Land Use and
Urban Development Ordinance of said City from Suburban Development District (SD) to
Mobile Home District (MH) on the following described property, to wit:
1.450 acres out of Lot 8, being the Southeast 1/4 of the Northwest 1/4 of the H. T. & B. R.R.
Co. survey, Section 14, A-509, Brazoria Co., TX (3713 Aubrell (old address: 16111 Aubrell))
Honorable Mayor and Council Members:
At a regular meeting held on March 5, 2001, atter a Joint Public Heating, the Planning and Zoning
Commission considered the above-mentioned request.
A motion was made by Commissioner Richard F. Tetens and seconded by Commissioner Emil
Beltz to recommend denial of Zone Change Application No. 501. There was no discussion
among the Commissioners on this application.
Motion to deny passed 7 to 0.
This is submitted for your consideration.
Viktorin,
H. Charles Chairman
P~ & Zoning Commission