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Ord. 509-202 04-27-98ORDINANCE NO. 509-202 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 TO BUILD A NEIGHBORHOOD RECREATION CENTER, SWIMMING POOL IN A SUBURBAN DEVELOPMENT (SD) DISTRICT ON THE FOLLOWING PROPERTY BEING A 1.7915 ACRE TRACT LOCATED IN THE H.T. & B.R.R. SURVEY, A-241, BRAZORIA COUNTY, TEXAS AND OUT OF A CALLED 160 ACRE TRACT IN AN INSTRUMENT RECORDED IN VOLUME 708, PAGE 109, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (WEST OF WEST OAKS VILLAGE SECTION 1-B).(SPECIFIC USE PERMIT NO. 60) AT THE REQUEST OF R. WEST, DEVELOPMENT CO., INC, AGENT FOR WEST OAKS VILLAGE SECTION 2, LTD., 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, R. West, Development Co., Inc, agent for West Oaks Village Section 2, Ltd., owner, filed on January 19, 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 build a Neighborhood Recreation Center, Swimming Pool 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 23rd March, 1998, 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 24th day of March, 1998, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed application of R. West, Development Co., Inc, agent for West Oaks Village Section 2, Ltd., owner, whereby the Commission recommended and approved the issuance of a Specific Use Permit to build a Neighborhood Recreation Center, Swimming Pool in a Suburban Development (SD) 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 March 23, 1998; 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 R. West, Development Co., Inc, agent for West Oaks Village Section 2, Ltd., 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. There is hereby issued a Specific Use Permit-to allow to build a Neighborhood Recreation Center, Swimming Pool on the following described property located within the corporate limits of the City of Pearland, Texas, and presently classified as a Suburban Development (SD) District: Being a 1.7915 acre tract located in the H.T. & B.R.R. Survey, A-241, Brazoria County, Texas and out of a called 160 acre tract in an instrument recorded in Volume 708, page 109, Deed Records of Brazoria County, Texas (west of West Oaks Village Section 1-B). ' 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 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 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 issuance of a Specific Use Permit. VII. This Ordinance shall become effective after its passage and approval on second and final reading. ORDINANCE NO. 509-202 PASSED, APPROVED, and ADOPTED on the first reading this 13 th day of Apri 1 ,1998. (~~/~ Tom Reid, Mayor A'I'rEST: PASSED, APPROVED, and ADOPTED on second and final reading this , 1998. ~Tth day of April Tom Reid, Mayor A'FrEST: APPROVED AS TO FORM: Darrin M. Coker Interim City Attorney March 24, 1998 PEARLAND Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION SPECIFIC USE NO. 60 Request of R. West, 'Development Co., Inc, agent for West Oaks Village Section 2, Ltd., owners, for an amendment to the Land Use and Urban Development Ordinance of said City for a Specific Use Permit on the following described property, to wit: Being a 1.7915 acre tract located in the HT & B RR survey, A-241, Brazoria Co., TX and out of a called 160 acre tract in an instrument recorded in Vol. 708, pg. 109, Deed Records of Brazoria Co., TX (west of West Oaks Village Section l-B). Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on March 23, 1998, after the joint public hearing, considered the above-mentioned recommendation to the City Council. A motion was made by Commissioner Jack Mathis, and seconded by Commissioner Mary Starr to approve Application Specific Use No. 60. Motion to approve passed 5 to 0. This is submitted for your consideration. Sin~y, ~ a~ttLopez, Ch~an Planning & Zoning Commission 3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 · (281) 485-2411 ° www. ci.pearland.tx.us CITY O1" PEA 14LAN D ZONE CIIANGE APPIACATION nvised 3/5/96. X Change in Zoning Classification from: SD to: R-4, specific use Change in Regulations in Section #: Specific Use for: * neiqhborhood recreation center, swimming pool just west of West Oaks Village Section 1-B Property address: just north of future Old Oaks Blvd. Lot: Block: Metes & Bounds Description: SEE ATTACH ED (unplatted property only; attach survey) Subdivision: West Oaks Recreation Center Tax I.D. number: .......... neighborho0d~'ecreation center, Proposed use of land within requested designation: swimming pool Record owner's name: West Oaks Village Section Two Ltd, Owner's mailing address: 2510 Westminister, Pearland~ TX 77581 Owner's telephone number: ( 281 ) 997-1500 Agent's name: R. West Development Co.~ lnc, Agent's mailing address: 2510 Westminister, Pearland~ TX 77581 Agent's telephone number: (281)997-1500 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: .F.e_eS. paid: $ Agent' s signature: ........ .L /./....q. ....................... ZONE R-1 Z"JNE SD ZONE R-~ ZONE R-3 ZONE R-3 ZONE R-3 ZONE SD 1.7915 ACRES ZONE SD ZONE SD ZONE SD S SD R--1 R-,3 R-4 SPECIFIC USE PERMIT SUBURBAN DISTRICT LOW DENSITY SINGLE FAMILY DWELLING DISTRICT MEDIUM DENSITY SINGLE FAMILY DETACHED DWELLING DISTRICT MAXIMUM DENSITY SINGLE FAMILY DWELLING DISTRICT qNEBT O/K8 Vl~ 8EC.. l LTD, ZONE CHANGE FROM 8DTOR-4(8) N'P ee.:.,tl~ ~ b ~b=~ SHEET m~eJAN, 1998 v~qrr:l"_ 1 em e~J.E.e. r. je ~ Chld I~.D, SMI'IH gW~8007 OF 1 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, 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 19 N o. Date 19 No. Date 19 Editor Subscribe and sworn to before me this /0 day of ~:2~// 19 ~7~ . IC~' ,.--h, .~ ,~.: X S Laura Ann Emmons, Publisher OU "Notice is hereby the23rddayofMarcl 1998, AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties i, Joan Cummings, 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 c~' / / 19 ~ (~ No. Date 19 N o. Date 19 No. Date 19 No. Date 19 Editor Subscribe and sworn to before me this 19 ~ Laura Ann Emmons, Publisher :': ",'-: Notice is'hereb:y, given~hat..on '2: :: :- the23rdda~'.ofM~lmh;.l~98,... :. ' .: i 6:30 p,m.~ the '6ily Council :':;:;: .: a~d the'Planningan~iZ0nin(} F~;':"':"C. ::~ d.~mmission ef the City.of ..." {.: .., ~. I:~adand; Brazoria and Harris ~':~- ", "-: (~.~t;iI.Chambers,'City Hall, .. ~ "; :~ 351~l;.Liberty Drive, :~eariand, ~: ':: '~e~s, on the request of R. · ~':' i'~ .ig'~:~ ~' ' .... :~;'. ;..j,' ... ,ow~. . :, =i! i i : ' """" ": ' : :'~:;' .:'::: ~qd out of a called 160 ili",." !~-?'.": -' }?act n an instrument relil~"." j:~:~- .T - :": 'ed in Vol ,}'08, pg. 10 9,,.1ili.~ : :~::' :': j '-'iReCOrds of Brazoria O~,at~l[ ;: :-',~":,:' ::-~west Of Wast Oaks ~111111 ',:. :' ~ ,~ .,.': -S.~ien .I~B). ' :.-....-. :~,i: :. :' :i. '~t said h, ia,g ~:.:'-:' :-:: ~a~es shall have the fillip;.'! .,.,..,~~ ~ o. . . !' ~-;; -j J .ed ol:)po'~tunity to apPeai':an~ !~.::~ ::: ~ e'heard.outhesubject; .