Ord. 509-176 12-08-97ORDINANCE NO. 509-176
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
TELECOMMUNICATIONS REMOTE TERMINAL BUILDING IN A GENERAL
BUSINESS (GB) DISTRICT ON THE FOLLOWING PROPERTY, TO-WIT: A
TRACT CONTAINING 2,000 SQUARE FEET (0.0459 ACRES) IN THE
W.D.C. HALL SURVEY, A-23, OUT OF A 1.052 ACRE TRACT
CONVEYED UNTO THOMAS P. ALEXANDER, ET AL, BY DEED VOLUME
156, PAGE 682 OF THE DEED RECORDS, BRAZORIA COUNTY, TEXAS
(SPECIFIC USE PERMIT NO. 59) AT THE REQUEST OF PETER
THOMPSON, AGENT, FOR THOMAS P. ALEXANDER, 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, Peter Thompson, Agent, for Thomas P. Alexander, owner, filed on
September 11, 1997, 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 Telecommunications Remote Terminal
Building 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 10th November, 1997, 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 1 lth day of November, 1997, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed application of Peter Thompson, Agent, for Thomas P.
Alexander, owner, whereby the Commission recommended and approved the issuance
of a Specific Use Permit to allow a Telecommunications Remote Terminal Building 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
November 24, 1997; 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 Peter Thompson, Agent, for Thomas P. Alexander, 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 a Telecommunications
Remote Terminal Building for a Telecommunications Remote Terminal Building 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 a tract containing 2,000 square feet (0.0459 acres) in the W.D.C.
Hall Survey, A-23, out of a 1.052 acre tract conveyed unto Thomas P.
Alexander, et al, by deed Volume 156, pg. 682 of the Deed Records,
Brazoria Co. 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 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. 509-176
PASSED, APPROVED, and ADOPTED on the first reading this
November
,1997.
24th
Tom Reid, Mayor
day of
ATTEST:
gLo~r~, Se tar
PASSED, APPROVED, and ADOPTED on second and final reading this
Tom Reid, Mayor
8th day of December , 1997.
ATTEST:
APPROVED AS TO FORM:
Amy~o~s McCullough, City Attorney
__ Change in Regulations in Section #:
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peci~c Use for: * ~l//Zd;/~c- /x///- ~.(x/~r,//_ t'uf /,v~s'f .~..~'e'
lJ/t-u, ft/,ev,'~//F-27 4~ A(ccfla. F~
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision: A,t,4
Tax I.D. number:
Proposed use of land within requested designation:
[?~'/d4 dTTt: 'T'tS' g/~l t flZ/~-l- ,& {// l_pZ/t/~_
Record owner's name:
Owner's mailing address:
Agent's name:
Agent's mailing address:
Agent's telephone number: ~-o6~/ Yd'/' Ztt:~'2S'
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 ~ ....
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S
MEDIUM DENSITY SINGLE FAMILY
DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
FLOOD WAY DISTRICT
SPECIFIC USE PERMIT
DETACHED
DWELLING
City of Pearland, Texas
THOMAS P. ALEXANDER
ZONE CHANGE
FROM
GB TO GB(S)
Dote: SEPT., 1997 HORZ:I'-- 200'
Chkd ~y:.C.R. LONG 97--1066 OF 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
!, 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
~o. ~.t~
l ~"'D-f--'rn
Editor
Subscribe and sworn to before me this d?b day of
Notar
Laura,~n Emmons, Publisher
~ning: c~~/~mi~i°n ,o);, the
arriS ~'~U~ii~i~T6~as~:
.onduct 'a Joint public
~ eartrig in the Council
~. ,hamb~rsi:CitY Halt; 3519
~ iberty 'Drive, Pea~i;Cdo~
',' 'exas', on lhe .requr
Mr
, . , . Pete
ionpeon, .agent, for Mr.
,t ~,~.~ N~nder, owner,
n.:a~h~'~ ~e ~nd
', e ;~;Q~::oevelopment
di~en~':6f 's~i~ City from
:' ~it~atl~ :' .Suburban ~
; S burban Development'.
' ~ecilic Use (SO-S} on the '.
"t~lowing de~ribed. Pr~e~, ~
~t of ~ J 052 acre :t~.~n-
~d. unto ~homa~ P.
~'~aer, et"aL by 'deed
~ i~me 1~ ~=~2:out of me
', ~{:~rds, 6razoria Co,
,
,~.
.
.,...~ . .
?~~ ~Shall have 'the right>'
o~umW to app~r and
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;i~ cm~ .' .
November 11, 1997
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE NO. 59
Request of Peter Thompson, Agent, for Thomas P. Alexander, owner,for a Specific Use
Permit for a Telecommunications Remote Terminal Building on the following described
properyt, to-wit:
Being a tract containing 2,000 square feet (0.0459 acres) in the W.D.C. Hall Survey, A-23,
out of a 1.052 acre tract conveyed unto Thomas P. Alexander, et al, by deed Volume 156,
pg 682 of the Deed Records, Brazoria Co. Texas (not assigned).
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on November 10, 1997, after the
joint public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Mary Start, and seconded by-Commissioner Tommy Scott to
approve Specific Use No. 59.
Motion to approve passed 6 to 1 (Commissioner Don Baker abstained).
This is submitted for your consideration.
Pat Lopez, ~
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 ° www. ci.pearland.tx.us