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Ord. 509-334 10-11-99ORDINANCE NO. 509-334 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 LOTS 36 & 36A OUT OF SECTION 6, H.T. & B.R.R. CO. SURVEY, A-544, RECORDED IN VOLUME 136, PAGE 501, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 804) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF JOHN DAVID HAMMOND, 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, John David Hammond, Owner, filed on June 16,1999, 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 23`d of August, 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 8th day of September, 1999, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by John David Hammond, 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 (MH); and; 1 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 September 27, 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 John David Hammond, 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 Single Family Dwelling District (R-2) to is hereby for all purposes changed and reclassified as Mobile Home District (MH); such property being more particularly described as: Being lots 36 & 36A out of Section 6, H.T. & B.R.R. Co. Survey, A-544, recorded in Volume 136, page 501, deed records of Brazoria County, Texas IL 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. 2 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. 509-334 PASSED, APPROVED, and ADOPTED on First Reading this a -7+h day of SCe kf i l 1Oe-r , 1999. TOM REID MAYOR ATTEST: -}h PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of Cc4- )raj , 1999. APPROVED AS TO FORM: DARRIN OKER CITY ATTORNEY 4 -7)-0 TOM REID MAYOR ORDINANCE NO 509-334 September 8, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 804 Request of John David Hammond, owner, 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 (MH) on the following described property, to wit: Being Lots 36 & 36A out of Section 6, H. T. & B. R.R. Co. survey, A-544, recorded in Vol. 136, pg 501, deed records of Brazoria Co., TX Honorable Mayor and Council Members: At a regular meeting held on September 7, 1999, after the Joint Public Hearing, the Planning and Zoning Commission considered the above-mentioned request. A motion was made by Vice -Chairperson Tommy Scott and seconded by Commissioner Donald Glenn to recommend approval of Zone Change Application No. 804. Motion to approve passed 5 to 0. This is submitted for your consideration. Sincerely, SAP Mary St , hairman Planning & Zoning Commission _CITY ,OF PEARLAND I D :713_-485-8764 JUN 08'99 CITY OF PEARLAND ZONE CIIANGE APPLICATION revised 3/5(96 Change in Zoning Classification from: Change in Regulations in Section #: Specific Use for: ' to: 9:12 No.004 P.02 c U. 141 o45o' msati D, � b .TX ',7•5"s3 I Property address: /Jet.) - Ale:› 1 p' Vi/ Z,j 97bLUt"401 - 7 56 1 Lot: Block: Metes & Bounds Description: (unplatted property only; attach Survey) Subdivision: AiO54 (4 1-1--*-eBre� i "' i- 3i° —3(0A , 10:C 5 Tax I.D. number: 05 y. -Qom .. Proposed use of land within requested designation: M AT4VrACT0re-£0 Record owner's name: - �t cL 4Fvt#toric v ,P r3 (r ecivvtr+Av.•+ t Owner's mailing address: 5:2.) 2,RAssv L Owner's telephone number: -7 (3 - 9 es- y,$ 5 6.4> 113 -ted - So c� � s 64-) Agent's name: W%. Agent's mailing address: N 4 Agent's telephone number: hj1v PETITION: As owner/agent, I hereby petition the City for a r provided by the laws of the State of Texas and Ordinances ofthe City of Pearoval of the ls described 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. ell. I Owner's signature' V/60,1! �`��� Fees paid: $ Received Agent's signature: Date paid: bI li/9q Application number: R-4. SD SUBURBAN DISTRICT R-1 LOW DENSITY SINGLE FAMILY DWELLING DISTRICT R-2 MEDIUM DENSITY SINGLE FAMILY DWELLING DISTRICT M-1 LIGHT INDUSTRIAL DISTRICT S SPECIFIC USE PERMIT �ITYtOF PERRLAND ID:713-485-8764 JUN 08'99 CITY OF PEARLAND ZONE CHANGE APPLICATION revised 3/5/96 9:12 No.004 P.02 Change in Zoning Classification from: to• Change in Regulations in Section #: Specific Use for: ' Ut-p . 1 �} l �� o� O/� , ,'Lx -)7.501 Property address: kJ - p+'DAY atir 0 S 4 D / set Lot: Block: Metes & Bounds Description: (unplatted property only; attach survey) Tax I.O. number: OSti Subdivision_Aosq q • --Ooto"t -"dd.- 31.-3(o,A,Iie s lam Proposed use of land within requested designation: MNr)V4CTut Cowuvw,414 Record owner's name: �Nb4 t a i A✓rtr4t0r4a Owner's mailing address: 5:2-)q 'BR SNA41. �✓� �£ .T --1.7094, Owner's telephone number: l ► 3 - q $s- y.$15 cuo> 11.3 _ tole O - 95OS Cµ) Agent's name: )J 4 - Agent's mailing address: pliA Agent's telephone number: rj 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. Fees paid: $ Received oz7 Agent's signature:,O Date paid: 1/ Application number: CITY OF PERRLAND ID:713-485-8764 CITY OF PEARLAND ZONE CIHANCE APPLICATION revised 315/96 JUN 08'99 9:12 No.004 P.02 Change in Zoning Classification from: Change in Regulations in Section #: Specific Use for: • to. a -p - 14 o" Oh -D , Vcv2c D ,TX -)75-€3 I Property address: Ob.) - 07%.7-e)1 pO'Divi/ t2-0 , 94-4o tAKI D TX '7 7 se 1 Lot: Block: 1 Subdivision: Aosq q • E-4-T4-Bt2le Metes & Bounds Description: (unptatted property only; attach survey) -r cr 31.-31,0A ,ticaS io i Tax I.D. number: O5`t -000-\0 Proposed use of land within requested designation: MAOu-TUr P* WW1,4 i Record owner's name: NotNni TAN,tAritvtioria Owner's mailing address: 52) ..} '3iZAssyhtiu- De% tJi. s -# `IX -1109 to Owner's telephone number: 13 - gibs- gels - oto 0 - Soy rrt+) Agent's name: Kli/a- Agent's mailing address: ,liA Agent's telephone number: alt. 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' Fees paid: $ Received 0U Agent's signature: Wu Date paid: Application number: AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general culation in Brazoria and Harris Counties, for / issues, as follows: No / Date r7 1/ 19 No Date 19 No Date 19 No. Date 19 No. Date 19 /a\Ce/ President bscribe and sworn to before me this — day of S"-• Public, State of Texas BLIC ITY OUNCIL AND THE LANNING AND ZONING OF THE CITY PEARLAND, TEXAS Notice is hereby given that on the 23rd day of August, 1999, at 6:30 p.m., the City Council and the Planning and Zoning Commission, of the City of Peariand, Brazoria and Harris Counties, Texas, will conduct a Joint Public Hearing in the Council Chanters, City Hall, 3519 Liberty Drive, Peadand, Texas, pn the requestof John David Hammond, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Single Family Dwelling District (A-2) to Mobile Home District (MH) on the following described prop- erty, to Wt Being lot 36 & 36A out of sec- tion 6, HTA 8RR Co. survey, A-544, recordedin Vol. 136, 501, deed records of Co.. TX At said hearing aN arteristed tittles ' shall have the right nd opportunity to appear and heard on the aubyect. 4 • ' AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ;tate of Texas ;razoria and Harris Counties Randy Emmons, hereby certify that the notice hereby appended was published 1 Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general irculation in Brazoria and Harris Counties, for / issues, as follows: No. 1 Date- 1 �1 9 No. Date 19 No Date 19 No. Date 19 No. Date 19 bscribe and sworn to before me this ) q6' • UBLIC HEARING OF THE ITY COUNCIL AND THE + LANNfNG AND ZONING! OMMISSION OF THE CITY a OF PEARLAND, TEXAS A otice is hereby given that on; e 23rd day of August, 1999, ; 6:30 p.m., the City Council i nd the Planning and Zoning i ommission of, the City of earland, Brazoria and Hutto nties, Texas, will conduct Pi Joint Public Hearing in the ncil Chambers, City Hall,. 519 Lberly Drve,-Pearland; exas, on the request of John r avid Hammond, owner, for amendment to the Land and Urban Development i inance of said City from assification Single Family elling District (R-2) to 4 'Ie Home District (MH) on e following described prop- ,towit: "rig lot 36&36Aout ofsec- n 6, HT& B RR Co. survey, 544, recorded in Vol. 136, 501, deed records of zona Co., TX said hearing all interested rties shall have the right opportunity to appear and heard on the subject. Young Lorfing ity Seofalear