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Ord. 509-529 08-27-01 Failed FAILED 8/27/01 ORDINANCE NO. 509-529 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 PEARl_AND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 2, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 10, H. T. & B. R. R. COMPANY SURVEY, A-505, SAID LOT CONTAINING 10 ACRES, MORE OR LESS, MORE FULLY DESCRIBED IN DEED TO I.L. MEWLIN, RECORDED IN VOLUME 116, PAGE 11.1, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 985)(1445 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF KERRY AND EVELYN WHITE, 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, Kerry and Evelyn White, Owners, filed on July 3, 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 13th of August, 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 ma:de 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 16th day of August, 2001, the Planning a~d Zoning Commission of the City submitted its report and recommendation to the City Council regarding the 1 ORDINANCE NO. 509-529 proposed amendment application by, Kerry and Evelyn White, 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 August 27, 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 Kerry and Evelyn White, 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 PEARl_AND, 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: Lot 2, Allison Richey Gulf Coast Home Company Subdivision, Section 10, H. T. & B. R. R. Company Survey, A-505, said lot containing 10 acres, more or less, more fully described in Deed to I.L. Mewlin, recorded in Volume 116, page 111, deed records of Brazoria County, Texas (1445 Stone Road) 2 ORDINANCE NO, 509-529 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. 3 ORDINANCE NO. 509-529 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. 509-529 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 August 16, 2001 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 985 Request of Kerry and Evelyn White, owners for an amendment to the Land Use and Urban Development Ordinance of said City from Suburban Development District (SD) to Mobile Home Park District (MB) on the following described property, to wit: Lot 2, Allison Richey Gulf Coast Home Co. Subdivision, Section 10, H. T. & B. R. R. Co. survey, A- 505, said tot containing 10 acres, more or less, more fully described in Deed to I.L. Mewlin, recorded in Volume 116, pg 111, deed records of Brazoria Co., TX (1445 Stone Road) Honorable Mayor and Council Members: At a regular meeting held on August 13, 2001, after a Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Commissioner Todd Iocco and seconded by Commissioner Russ Selemon to fo~vard Zoning Application No. 985 to City Council for denial. The Commissioners agreed that the future use of the land could be a problem with the Mobile Home Park zoning. However, Commissioner Scherrer and Chairman Viktorin questioned whether or not there could be a way to have a Specific Use in another zoning classification to allow for the two additional mobile homes to be moved in, Motion to deny passed 3 to 1 (Chairman Viktorin voted against the motion to deny) This is submitted for your consideration. H. Charles Viktorin, Chairman Planning & Zoning Commission CITY OF PEARLAND ZONE CHANGE APPLICATION revised 5/9/00 ~ Change in Zoning Classification from: ~ ~ to: Change in Regulations in Section #: ', Specific Use for: * Lot: Block: Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.D. number: Currentuse of land.(\5 Wx. ~ Proposed use of land within requested d,esignation: iASc o,& ~-~.k'-~ mqe & ~[~. - Owner's telephone number: ¢~ Agent's name: Y~' Agent's mailing address: Agent's telephone number: yx, / CA. 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(~rent, and furore m ~ on properties in my vicinity. Owner's signatu~e.~ l~/1. Fees paid: $ '~ ~). I , ! I ' ~ONE ~H~NOE SD TO MH Application No. 985 s Kerry Evelyn White 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 newspaperof general circulation in Brazoria, Harris & Galveston Counties, for / issues,as follows: No. / Date '-]' ~ 20 O/ No, Date 20 __ No. Date 20 No. Date 20 No. Date 20 __ President .~ubscribe and sworn to before me this 2-G d_ayof r~., . ~_o o! asr ;H(~me Co, ~vl: ~ibn, Section ~iOi H, ~.$ B. /s/Young I~orling AFFIDAYFIF OF ?UBLICATjON " 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, Harris & Galveston Counties, for / issues, as,follows: No. / Date ~-/ 200/ No. Date 20 __ No. Date 20 __ No. Date 20 __ No. Date 20 __ Subscribe and sworn to before me this ? day 20 f~l ~h' N~aw Public.ate ~T6~as P~i~NOzoNw~ ~'oF P~R~ND~.. TE~S Noti~ tha~ on 2~1 Co and i/~Y~UnD Corfi~g ~' !