Ord. 509-556 12-10-01ORDINANCE NO. 509-556
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 29.9980 ACRES OF LAND, BEING
ALL OF LOTS 10, 11 AND 34, ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION, SECTION 8, H. T. & B. R.R. COMPANY
SURVEY, A-504, RECORDED IN VOLUME 2, PAGE 24, PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 997) (1938 GARDEN
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF JACK
WILLIS, MANAGER OF RAINTREE ACRES AND AGENT FOR CMH
PARKS, INC., 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, Jack Willis, Manager of Raintree Acres and agent for CMH Parks, Inc.,
Owners, filed on September 19, 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 12`h of November, 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 13th day of November, 2001, the Planning and Zoning
1
ORDINANCE NO. 509-556
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Jack Willis, Manager of Raintree Acres
and agent for CMH Parks, Inc., 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 December 10, 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 Jack Willis, Manager of Raintree Acres and agent for CMH Parks, Inc.,
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:
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:
29.9980 acres of land, being all of Lots 10, 11 and 34, Allison Richey Gulf Coast
2
ORDINANCE NO. 509-556
Home Company Subdivision, Section 8, H. T. & B. R.R. Company Survey, A-504,
recorded in Volume 2, page 24, plat records of Brazoria County, Texas
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. 509-556
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 10 day of
December 2001.
ATTEST:
—cd=4,54em aft
TOM REID
MAYOR
4
ORDINANCE NO. 509-556
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10 day
of December , 2001.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
SEP-18-01 TUE 11:42 PM RAINTREEtACRES
N
281 997 1051
P.02
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
//Change in Zoning Classification from: ;�E
to: IA A—
Change in Regulations in Section #:
Specific Use for: *
Property address: / i 38 6,3,2,, loci
As, LI / T y 77x p/
Lot: Block:
Subdivision:
Metes & Bounds Description:
(unplatted property only; attach survey)
, /
Tax I.D. number: L i — /3 G ,2 7 `7 7
Current use of land: %,% o 4 :le e / / 0 `—+ e 16 1/'C
Proposed use of land within requested designation: dab •/ c N "" e %7° di
Record owner's rye: (/7 H p Is '^ C.
,
Owner's mailing address: 3-0o o (y/vt /iOO/ fir'J,/,) 0_3 I
y v /ysv ;//p" 7T. 37?c9
Owner's telephone number: i/I` S'— 3/%2�/
J �1
)3 J,FD/%-•
Agent's name: J ccA INo //i S /(6N49r— /54rN ✓- /-s/°/,5
/ 93 r ✓ /�o 9� �/ Po, Awe / 77J /
Agent's mailing address: t o o/ r rt
Agent's telephone number: v2 g —
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 aclmowledge that such use may be
incompatible with current and future uses on properties in my vicinity.
Owner's signature:
Agent's signature: ,��,G�
eye fre '/....
Fees paid: $ �° go " �'
Date aid: g C5/
ae p
Received by: , a
a
Application number: Gig'?
ZONE CHANGE APPLICATION NO. 997
CMH Parks, Inc./Jack Willis
1938 Garden Road
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
landy Emmons, hereby certify that the notice hereby appended was,;published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;ulation in Brazoria and Harris Counties, for / issues,>as'follows:
No. 7 Date /0 _ Z. y 20 0/
No. Date 20
No. Date 20
No. Date 20
No. Date 20
aldloresiden/rnat*t
scribe and sworn to before me this aS day of loth
Published Obi; 24 &Qol. 81,
2001
NOTICEOFAJQINT
PUBLIC HORING QF THE.'
Q TYCQl4NCI4 7thE
FLANNINGAND ,QNING
COMMI$*iON OFIJIE
CITYQF PEARI;ANA,
I Nothe IS heart*,
the 12th.day of NQyeaj gr
290i, at 8:30'p m plot
I ;mil and the Planning—
t Zoning-Co'mmiss100 slAbo
Clty of Pearlend. BraQda,
, Harris ' and' IFprl ;Bond
'. Counties, Texas, -will--:
f a Joint PubltoHeedng in lire
( :. Council Chambers, City Hal,
r 3519 Llerty Drive, Pearland,
Tezas. On the requeets441.
o NlMIM,,Maneger_of
Eetetes
P$s Jn4•, dwn9
apldrgarn to
and Qrbap R
Cifillnanca.of
Claastbcaffon
Development;_
Moak Home Ate
tllfl (oio)vipg !IHg
cony, la wit:
29.9980 acres`
allottotst0,11
fiblb�.any Gpltg
µubt. 9,oct
Co Survey, Ate'
In Volt pg 24, plat
Brazorla .Co.;" TX rlQ$8
Garden Road)
At said hearing, all interested
parties shall have therlpht
and opaorlu 1i iaild
be heard en the
is/Young
GIry Secretary ',
APPyg:48TF
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
azoria and Harris Counties
landy Emmons, hereby certify that the notice hereby appended was published
3razoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
:citation in Brazoria and Harris Counties, for / issues, -as follows:
No. Date
No. Date
No.
No.
>cribe and sworn to before me this
oast.
bile liy that In
the 12th day Q emhp;
2 1, at8 3,&p m , the ppy
ncitteActibe eIaapingwi !
Z Ing CochiaaioipoNiie
City 4i'9aarygge,
Hems ` rud,. lt4
C6yntles,, Texas~xg
Wdlte Marie QT1
Eat>ates0e9. rite
owner, for en
to the end $
Urban Develop t nt
$stiff. 8%tQ
eit.suiveytg.
Srwet ria 'Coo'•;t:[)t
Raadj
At ea1Q hewing as Intereggd
pardes skq!i;havp the rtgtn
� haDzdlete:";
November 13, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 997
Request by Jack Willis, Manager of Raintree Acres and agent for CMH Parks, Inc., 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 (MH) on the following
described property, to wit:
29.9980 acres of land, being all of Lots 10, 11 and 34, Allison Richey Gulf Coast Home Co.
subdivision, Section 8, H. T. & B. R.R. Co. survey, A-504, recorded in Vol. 2, pg 24, plat records of
Brazoria Co., TX (1938 Garden Road)
Honorable Mayor and Council Members:
At a regular meeting held on November 12, 2001, after a Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Commissioner Don Sederdahl with a second made by Vice -Chairman
Donald Glenn to forward Zoning Application No. 997 to City Council for approval.
Motion to approve passed 6 to 0.
This is submitted for your consideration.
�Siincerely,
l4
H. Charles Viktorin, Chairman
Planning & Zoning Commission