Ord. 509-514 03-26-01 Failed FAILED 3/26/01
ORDINANCE NO. 509-514
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 2.00 ACRES, ROY ACRES II,
TRACT 188J-169U, H. T. & B. R.R. COMPANY SURVEY, A-308, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
596)(7902 WARREN)FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) AT
THE REQUEST OF WESLEY AND PHYLLIS SHAFER, OWNERS,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILtTY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
WHEREAS, Wesley and Phyllis Shafer, Owners, filed on October 21, 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 day 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 7t" day of March, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
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ORDINANCE NO. 509-514
proposed amendment application by, Wesley and Phyllis Sharer, 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 Wesley and Phyllis Shafer, 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 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 District (MH); such
property being more particularly described as:
2.00 acres, Roy Acres II, Tract 168J-169U, H. T. & B. R.R. Company Survey, A-
308, plat records of Brazoria County, Texas (7902 Warren)
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
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ORDINANCE NO. 509-514
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.
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.
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ORDINANCE NO. 509-514
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
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of ., 2001.
TOM REID
MAYOR
4
ORDINANCE NO. 509-514
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
~V Change in Zoning Classification from: ~ to: ~ '~r
__ Change in Regulations in Section #:
__ Specific Use for: *
Property address:
Lot: Block: ] Subdivision: .
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Re¢ordowner'sname: fi
Owner's mailing address: 7.~ ~ ~Z ~¢~,~ff ~ ~ ~-I1~)
Owner's telephone numar: ~[ ~ q~ -0 % ~ ~
Agent's rome: ~ ...
Agent's mailing address~
PETITION: As owner/agent, I hereby ~tition the City for approval of ~e a~ve descried request as
provided by the laws of the State of Texas and Ordi~nces of the City of Pearland. *On a S~cific Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I ac~owledge that such use
may ~ incompatible with current and ~ture uses on pro,tries in my viciffity.
l:ees paid: $ .~ Date paid: /~ ~ / q ~
Received by: ~ff~ )~/~~ ~ .......... .... ...... > :: *:~h~ ~ o~ ::~ ~:~:,,~:,~:~s,~,~: ~::~::::.~:~,: ~.:**>~::,::::~ v:-'?:::~,~:~:-~. ~ ....... ~: - ~>:.,.:,:~.:~ ..~.,.:,:,~::,.~,.~:: :.%,.. ~.., ::::::::::::::::::::::. :....~..~....,~......... ................. ~ ~>~::~ .. ~:.:~:.:...: ~.,~.,. .............................. u...~ :.,...~..~ ,~,~, ~,~:~ ,-.-...-...-~..-~ ..~.. ........ ......... ...................................................................................................................... ,.,~ ~- ~ ~. ~'~ .... -.~: :~,~:~:: ......... ,: ~ ~u:~ :. ~?:~<.~: , .,~, ~.:.~:~::.::~ :e~.~ .......................... ........... .................................. .~..,.:~:
ZON£ ~H 1 68
1139
ZONE SD
ZONE SD
ZoNE SD
CFPt'UM~ UNE
JENKINS
~I~SLEY & PHYLLIS 8H~'~
A FFfDAVIT 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 ,~--/~ 20 OI
No. Date 20. __
No. Date 20
No. Date 20
No. Date 20 --
~President
Subscribe and sworn to before me this/5-- day of ~
20 O~ ~.~ .
Notary ~'~~as
"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 waspublished
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for ? issues/as follows:
No. 7 Date
No. Date 2Q __
No. Date 20
No. Date 20
No. Date 20
~FPresident
Subscribe and sworn to before me this ~ day of
~~her
Notary Public, Stateof Texas
March 7, 2001
Honorable Mayor and Council Members
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 596
Request of Wesley and Phyllis Shafer, owners for an amendment to the Land Use and
Urban Development Ordinance of said City from Suburban Development District (SI)) to
Mobile Home District (MH) on the following described property, to wit:
Being 2.00 acres, Roy Acres II, Tract 168J-169U, H. T. & B. R.R. Co. survey, A-308, plat
records of Brazoria Co., TX (7902 Warren)
Honorable Mayor and Council Members:
At a regular meeting held on March 5, 2001, after a Joint Public Hearing, 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. 596. There was no discussion
among the Commissioners on this application.
Motion to deny passed 7 to 0.
This is submitted for your consideration.
Sincerely,
H. Charles Viktorin, Chairman
Planning & Zoning Commission