Ord. 509-527 07-23-01 FailedFAILED 7/23/01
ORDINANCE NO. 509-527
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 LOT 15, H. T. & B. R.R. COMPANY
SURVEY, SECTION 6, A-544, BRAZORIA COUNTY, TEXAS, ACCORDING
TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 136, PAGE
501, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 979)(13260 HATFIELD ROAD) FROM CLASSIFICATION SINGLE
FAMILY DWELLING DISTRICT (R-2) TO MOBILE HOME DISTRICT
PLANNED UNIT DEVELOPMENT (MH PUD) AT THE REQUEST OF
DOUGLAS WAYNE STAHLHEBER, 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, Douglas Wayne Stahlheber, Owner, filed on April 30, 2001, 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 9th of July, 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 11th day of July, 2001, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-527
proposed amendment application by, Douglas Wayne Stahlheber, Owner, whereby the
Commission recommended and approved a change of classification for the property
described in Exhibit "A" from its existing classification of Single Family Dwelling District (R-
2) to Mobile Home District Planned Unit Development (MH PUD); 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 July 23, 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 Douglas Wayne Stahlheber, Owner, 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:
The following described property located within the corporate City limits of the City
of Pearland, Texas, and presently classified as Single Family Dwelling District (R-2) is
hereby for all purposes changed and reclassified as Mobile Home District Planned Unit
Development (R-2 PUD); such property being more particularly described as:
Lot 15, H. T. & B. R.R. Company Survey, Section 6, A-544, Brazoria County, Texas,
according to the map or plat thereof recorded in Volume 136, page 501, deed
records of Brazoria County, Texas. (13260 Hatfield Road)
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ORDINANCE NO. 509-527
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.
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.
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ORDINANCE NO. 509-527
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.
ATTEST:
YOUNG LORFING
CITY SECRETARY
TOM REID
MAYOR
4
ORDINANCE NO. 509-527
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 2001.
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
V Change in Zoning Classification froocm:" � to: 1 ° !
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Change in Regulations in Section #:
Specific Use for: *
Property address: / 3 ,Z 6 o ,4,qT i'e LD
Lot: ) 5 Block: (p
{.I-.Td 6. f. 5✓2✓ty1 )4- S44
Subdivision: 4' \ Sodu-ZtL,ei .6✓LF& sr •c6
Metes & Bounds Description:
(unplatted property only; attach survey)
Tax I.D. number:
/74o b /P 41 41C
Current use of land: , ! K/
Proposed use of land within requested designation: Mob1' e_ I4om e {use le._
Record owner's name: -r)cD051a'S
S l AE(LFleIsca-
Owner's mailing address: I Z8i /I E i Ke r 17,4 e I4 euo, T31- 7 -7 rd /
Owner's telephone number:02 ) - Lies -o 7
Agent's name: h I a
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.
Owner's signature
Agent's signature: V1 la
Fees paid: $
Date paid: -
Received by:
r-"T
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Application number:
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Zoning Case No. 979
City Council and Planning and Zoning Commission Joint Public Hearing: July 9, 2001
Owner:
Applicant/Agent:
Douglas Wayne Stahlheber
Douglas Wayne Stahlheber
Location: 13260 Hatfield Road, North of Broadway Street, South of
Brookside Road
Existing Zoning: Single Family Dwelling District (R-2)
Requested Zoning: Mobile Home Park District Planned Unit Development (MH-
PUD)
Summary:
The applicant is requesting a zone change on approximately 10 acres in order to develop a mobile
home park. The properties to the North, South and West are zoned for Single Family Dwelling
District (R-2) uses. The properties to the North and West are vacant. The property to the South is
developed with a single family home. The property to the Northeast is zoned for Single Family
Dwelling District (R-1) uses and developed with a single family home. The property to the
Southeast is vacant land zoned for Commercial (C) uses.
Public Notice/Comment Forms were mailed to thirteen (13) property owners within 200 feet of this
request. No Public Comment Forms have been returned.
1
Zoning Case No. 979
Other Considerations:
• The Comprehensive Plan recommends Low Density Residential; however, a portion of the
property was previously used as a mobile home park. Staff has reviewed the proposed
medium density Planned Unit Development and its surrounding uses from which a rational
basis supporting the proposed change could be inferred.
Staff Recommendation:
Approval
Attachments:
Public Hearing Notice
Zoning Change Application
Location Map
Area Zoning Map
Property Owner Notification List
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July 11, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 979
Request of owner, Douglas Wayne Stahlheber, for an amendment to the Land Use and
Urban Development Ordinance of said City from classification Single Family Dwelling
District (R-2) to Mobile Home District Planned Unit Development (MH PUD) in the
following described property, to wit:
Lot 15, H. T. & B. R.R. Co. survey, Section 6, A-544, Brazoria Co., TX, according to the
map or plat thereof recorded in Vol. 136, pg 501, deed records of Brazoria Co., TX
(13260 Hatfield)
Honorable Mayor and Council Members:
At a regular meeting held on July 9, 2001, the Planning and Zoning Commission considered the
above -mentioned request.
A motion was made by Vice -Chairperson Donald Glenn and seconded by Commissioner Todd Iocco
to recommend denial of Zoning Application No. 979.
Motion to approve passed 4 to 1.
This is submitted for your consideration.
Sincerely,
m+e
V.CJQ\
H. Charles Viktorin, Chairman
Planning & Zoning Commission
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
Douglas Wayne Stahlheber
12811 Eiker
Pearland, Texas 77581
Ref: 13260 Hatfield Road
Dear Mr. Stahlheber:
•
On July 23, 2001, the City Council made a motion to approve Application No. 979
requesting the change of classification of certain real property from the classification of
Single -Family Dwelling District (R-2) to Mobile Home District Planned Unit Development
(MH PUD). After Council's discussion the motion was voted on and failed.
Sincerely,
Lorfi 'g
ity Secretary
YUmkw
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us
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