Ord. 509-305 04-26-99 ORDINANCE NO. 509-305
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 GRANTING A
SPECIFIC USE PERMIT FOR A RESIDENTIAL HOME IN A GENERAL
BUSINESS DISTRICT (GB) ON THE FOLLOWING PROPERTY, TO-
WIT: BEING 4.7678 ACRES, THE SOUTH 1/2 OF 9.9319 ACRES, LOT
29, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 9, H.T. & B.R.R. CO. SURVEY, A-234, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (SPECIFIC USE PERMIT NO. 68) (14535
MAX ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
(SD) TO GENERAL BUSINESS DISTRICT (GB) WITH A SPECIFIC
USE (S) AT THE REQUEST OF LOYE W. & MARY S. YOUNG,
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, Loye W. & Mary S. Young, owners, owner, filed on September 25,
1998, an application for a Specific Use Permit pursuant to Section 23 of Ordinance
No. 509, the Land Use and Urban Development Ordinance of the City, for approval
of a Specific Use Permit to allow a Residential Home upon a certain tract and parcel
of land within the territorial limits of said City, such land being fully described in the
original application for Specific Use Permit attached hereto and made a part hereof
for all purposes as "Exhibit A"; and,
WHEREAS, on the 12th April, 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 hereto 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 19th day of April, 1999, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed application of Loye W. & Mary 8. Young, owners, whereby the
Commission recommended and approved the issuance of a Specific Use Permit to
allow a Residential Home in a General Business (GB) District; and
WHEREAS, upon the 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 its regular meeting on
April 26, 1999; and
WHEREAS, the City Council having fully heard the testimony and argument of
all interested parties, having been fully advised in the premises, finds that in the case
of the application of Loye W. & Mary S. Young, owners, 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.
There is hereby issued a Specific Use Permit to allow a Residential Home on
the following described property located within the corporate limits of the City of
Pearland, Texas, and presently classified as a General Business (GB) District:
Being 4.9678 acres, the South 1/2 of 9.9319 acres, Lot 29, Allison
Richey Gulf Coast Home Co. Subdivision, Section 9, H.T. & B.R.R. Co.
Survey, A-234, plat records of Brazoria County, Texas (14535
Max Road)
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.
Ill.
The City Council of the City of Pearland finds and determines that the Specific
Use Permit granted herein promotes the health, safety, morals, 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
provision and such holding shall
thereof.
deemed a separate, distinct, and independent
not affect the validity of the remaining portions
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
issuance of a Specific Use Permit.
This Ordinance shall
second and final reading.
become
VII.
effective after its passage and approval on
ORDINANCE NO. 509-305
PASSED, APPROVED, and ADOPTED on the first reading this ~'~GP'~4~"day of
~\ / ,1999.
TOM REID
MAYOR
ATTEST:
I~SEZ~T~RY
PASSED, APPROVED, and ADOPTED on second and final reading this
day of t~ ~,,.~?' ,1999.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
'i ...................:: :.. .......................::.:::::i~ :L:~~Li;e~!:,.'.a.!{.~,s,'g6. ',.,.,',,..: '.:.~:":~!~ '~~'~"~',',~',~~'~'~~~~~~~~',.:..'i~!:::.. ............
__ Change in Regulations in Section #:
ko
v/ Specific Use for: * V/I P___,
Property address:
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
bL, CS~Ir'XeSS / hoPDP~_
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name: V'~ [
t-ter~ ~-
Agent's mailing address:
Agent's telephone number: I('X, ~ O,,
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 si ,HatHre:
7 .
'~1
46
47
48
ZONE SD
29 61
30 6~//
ZONE SD
r~
0
n- (~ ZONE GB ~5~
~NE GB R~E~E 'E'
50
RES~ 'A' ""
BROADWAY
k
ZONE SD
SD
GB
C
S
SUBURBAN DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
SPECIFIC USE PERMIT
IIII~BD TO C
'~;;i;;~'."n~'.1*1'. |;*~'lLI I.-t:1~1
..... HOliZ:I'--300' ~ 1
IXdEJAN., 1999 Vei'T:I'-
mm e/q.E.B. c~ HL.B
(:!rid Mr.. D. S!dlTH 9g-~035 OF I
AFFIDAVIT OF"PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
l, 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 ,,,2. ,9-- c/" 19 fi ~'
No. Date 19
No. Date 19
No. Date 19
No. Date 19
%d~preside~"~~~
Subscribe and sworn to before me this
19
day of~'('f~,(-j',
' URA A~,Ef~MONS-
lary Public, State of Texas
co,~ '~io. 9 her
Notary Public, State of Texas
. pUB-~
, HEARING OF THE CITY
UNCIL AND THE PLAN-
NG AND ZONING COM-
S$10N OF 'file CITY 'OF
::~Pea~a~i:iB~Ofia
~GS1g Libe~ Ddve, Peada~,
;Te~s, on ~e r~uest of Loye
W. & MaW ~. Young, owner,
~Or 8n amendment to the
~.~ind Use and Urban
;~Velopment~Ordinance of~
i~ba~an DeVelopment (SD):
' tO General Business Distdet
:.~:,....
~ing 4:~8 acms,'~e'S 1~~
,~ 9.g3lg acres, Lot 2g~
~lison-Richey
~pme 0o. subdi~sion,~:i~,
· . ' he~ on ~e.~bjm. ng ~o~ing
AFFIDAVIT OF" PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date
No. Date
No. Date
No. Date
No. Date
19
19
19
19
%presid~en~
Subscribe and sworn to before me this
19 ~
day of
NotaW Publio, State of Texas
I$SIDN OF THE C.L~OF
:ji! .:AR~AND, 'EX~ T
:~ ~tice is hlreby glv. eY~ that
~. Te 12th day c~f ~pn'l. i99g, at
,i~e o p.m:, .the 6ity CoUn.cil
i' ~d ~e P arming and. Zoning.
I ~ on~ii~sion of the Cit~r
adand, Brazori~.:and Hanis
~ ,~.Unties, Texas, will conduct
"'~ !Joint Public Hearing in the
:!~..ouncil Chambers'i City Hall;
~19 Liberty Drive, Pearland,
: ,:~exas, on the request of Loye
=~. & Mary S. Young owner,
~i~.~an .amendrnent::-to'/~he~
;~:nd ~use and; Urban
'D~eVeiopment Ordinance of
~G~7.::~
' ". '~ b'~.~.~. '
~.L;" ..
..
~::.~:i '
City~.~retary
; ,t:
19 April 1999
Mayor & City Council members:
City Hall
Pearland, TX 77581
RE: Zoning Applications No. 559 & Specific Use Application No. 68
The above referenced zx~ne change applications were reviewed by the Planning & Zoning Commission
at a regular meeting on Monday, April 12, 1999. The owners requested an amendment to the Land
Use and Urban Devdopment Ordinance of said City from Classification Suburban Development (SD)
to General Business District (GB) with a Specific Use (S) on the following properties, to wit:
Application No. 559 & Specific Use No. 68
Owner: Loye W. & Mary S. Young
P.O. Box 2176
Pearland, TX 77588
Legal:
Being 4.9678 acres, the S. 1/2 of 9.9319 acres, Lot 29, Allison
Richey Gulf Coast Home Co. subdivision, sect. 9, HT& B RR Co.
survey, A-234, plat records of Brazoria Co., TX (14535 Max Rd.)
The motion was made by Commissioner Donald Glenn and seconded by Commissioner Emil Beltz
to approve the application listed above including the 8rantin8 of specific use permit no, 68.
The motion to approve passed unanimously ($-0).
Please read this information into the official records of the City of Pearland and provide a written
copy to Re City Secretary for the same purpose.
Sincerely,
Planning & Zoning Commission
City ofpearland