Ord. 509-193 04-13-98ORDINANCE NO. 509-193
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 OFPEARLAND, TEXAS, FOR
THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO BUILD
TOWNHOMES IN A GENERAL BUSINESS (GB) DISTRICT ON THE
FOLLOWING PROPERTY LOTS 1 THROUGH 6, BLOCK 8 OF THE
PEARLAND TOWNSITE AS RECORDED IN VOL. 29 PG 41-42 OF THE
BRAZORIA COUNTY MAP RECORDS (S.E. CORNER OF PLUM & PARK)
(SPECIFIC USE PERMIT NO. 61) AT THE REQUEST OF AUSMUS
HOMES, AGENT FOR BLACK BASE, INC., 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, Ausmus Homes, agent for Black Base, Inc., owner, filed on January
12, 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 Townhomes 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 9th 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 10th 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 Ausmus Homes, agent for Black Base, Inc., owner, whereby the
Commission recommended and approved the issuance of a Specific Use Permit to build
Townhomes 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
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 Ausmus Homes, agent for Black Base, Inc., 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 Townhomes 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:
Lots 1 through 6, Block 8 of the Pearland Townsite as recorded in Vol. 29
pg 41-42 of the Brazoria County Map Records (S.E. corner of Plum & Park)
so long as sidewalks are constructed along Park Street and Plum Street.
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
2
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
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. 509-193
PASSED, APPROVED, and ADOPTED on the first reading this
Hatch
,1998.
23rd day of
I om Reid, Mayor
A'FrEST:
PASSED, APPROVED, and ADOPTED on second and final reading this
13th day of Apri 1 ,1998.
Tom Reid, Mayor
A'R'EST:
APPROVED AS TO FORM:
Darrin M. Coker
Interim City Attorney
__ Change in Zoning Classification from: GB to: GBSI, Z
__ Change in Regulations in Section//:
TownHomes
__ Specific Use for: *
Property address:
Lot: 2,3,4,5,6 Block: *
Metes & Bounds Description:
(unplatted property only; attach survey)
N/A
Subdivision:
Tax I.D. number:
76-041-6860
Proposed use of land within requested designation: to build 5 Townhomes
Record owner's name: Black Base Inc
Owner's mailing address:
Owner's telephone number:
2411 S. Park Pearland, Texas 77581
281-485-2455
Agent's name: Ausmus Homes
Agent's mailing address: 3434 Hickory Creek Dr. Pearland, Texas 77581
281-997-8444
Agent's telephone number:
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.
Thomas P. Alexander
Owner's st Agent's signature: W y R. Ausmus,
Fees paid: $ 250.00 Date paid: ///..._..Z~/4 ,~;'/'
Received by:9 j/'~'tJ ~f,'}//"' ,--;
President
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March 10, 1998
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE PERMIT
APPLICATION NO. 61
Request of Ausmus Homes, agent for Black Base, Inc., owner, for an amendment to the Land
Use and Urban Development Ordinance of said City from Classification General Business
(GB) to General Business - Specific Use (GB-SU) on the following described property-to-wit:
Lots 1 through 6, Block 8 of the Pearland Townsite as recorded in Vol. 29 pg 41-42 of the
Brazoria County Map Records (S.E. comer of Plum & Park)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on March 9, 1998, after the joint
public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Mary Starr, and seconded by Commissioner Nghiem Doan to
approve Specific Use No. 61.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
~attLo~lpez,Y~CCi~rm~a'n?~
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 ° www. ci.pearland.tx.us