Ord. 509-165 09-22-97ORDINANCE NO. 509-165
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS,
FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT FOR A
MANUFACTURED HOME TO BE USED AS AN OFFICE IN A LIGHT
INDUSTRIAL ZONE (M-l) ON THE FOLLOWING PROPERTY, TO-WIT:
1.384 ACRES OUT OF LOT 35, H.T.&B.R.R. COMPANY SURVEY
NUMBER 4, A-545, BRAZORIA COUNTY, TEXAS. (4901 SHANK ROAD)
(SPECIFIC USE PERMIT NO. 56) AT THE REQUEST OF CAROLYN
SMITH, AGENT FOR ALL STATE VACUUM SERVICE 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, Carolyn Smith, agent for All State Vacuum Service Inc., owner, filed
on June 9, 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 manufactured home to be used as an
office 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 25th August, 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 26th day of August, 1997, the Planning and' Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed application of Carolyn Smith, agent for All State Vacuum
Service Inc., owner, whereby the Commission recommended and approved the
i~suance of a Specific Use Permit to allow a manufactured home to be used as an
office; 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
September 8, 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 Carolyn Smith, agent for All State Vacuum Service 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 for a manufactured home
to be used as an office on the following described property located within the
corporate limits of the City of Pearland, Texas, and presently classified as a Light
Industrial District (M-1):
1.384 acres out of Lot 35, H.T. & B.R.R. Company Survey
Number 4, A-545, Brazoria County, Texas. (4901 Shank Road)
so long as a masonry enclosure is constructed around the trailer from its base to the
ground.
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.
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.
PASSED, APPROVED, and ADOPTED on the first reading this 2~J-~ day of
.~~~, 1997. ~
Tom Reid, Mayor
ORDINANCE NO. 509-165
ATTEST:
PASSED, APPROVED, and ADOPTED on second and final reading this
~J~ o, ~.~~~., ~.
Tom Reid, Mayor
ATTEST:
n 6~r'~'~'~ry
// '
VED AS TO FORM:
Amy"/~Mot~s McC'~llough, C~ty Attorn~
Change in Zoning Classification from:
N'x, 1to:
Change in Regulations in Section//:
Specific Use for: *
Property address:
q.q \ ,5¼a. c,,k ad
Lot: "~ S Block:
Metes & Bounds Descriptioni
(unplatted property only; attach survey}
Subdivision:
Tax 1. D. number:
Proposed use of land within requested designation:
O-~jC~ -
~lO,Ce
Owner's mailing address: ,.+etOt ~,,.4~,~c_ ~D "~e~t...I~,',..~ ~ q'lScg']
Owner's telephone number: ~'. g~ q ct 'l. - ""'t ~"l 3
Agent's mailing address:
Agenrs 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.
[)ale paid: L.c; 'el -~ "7
ZONE M- 1
ZONE
i
2oo'
ZONE M-1
<
O
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SHANK
4901 SHANK ROAD
ROAD
T
ZONE M-1
S
M-1
M-2
SPECIFIC USE PERMIT
LIGHT INDUSTRIAL DISTRICT
HEAVY INDUSTRIAL DISTRICT
ZONE~GE
M-1 TO M-1
~,i I~ ~ Si4i:t"T
NCIZ:t', ZOO' 1
~,RJME:. It'll
~ I~J.F.I. ~
~ke If~C.e LONO 17-1047 Oe' I
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~ ,.,.,, A .R .Netsof 1301/~20
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Le~ard Ri. West
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809,697 12.7
.... ,. ~
Change in Zoning Classification from:g /to: 44 /'3
Change m Regulations in Section #:
Property address:
qqo\ ,,5¼ctc k 0-,8
Lot: "3 S Block:
Metes & Bounds Descriptioni
(unplatted property only; attach surveS'5
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
o-C-C'l'c.~ -
Recordowner'shame: fill S4'cc~e ~]clcu~u. lr~ 5o.l~dtce ,~_~,,c.
Owner's mailing address: ,-I-trOt ~,,.~lr... RD ~:~c~l_P,f, al::, 'I~ qqS~'J
Owner's telephone number: ~ g ~ q q "'t - q ~ "'1 '~
Agent's name:
Agent's mailing address:
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 PearlaM. *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.
ZONE M- 1
N
ZONE
ZONE M- 1
.<
o
n.-
,,,/
>-
SHANK
4901 SHANK ROAD
ROAD
7
ZONE U- 1
5
M-1
M-2
SPECIFIC USE PERMIT
LIGHT INDUSTRIAL DISTRICT
HEAVY INDUSTRIAL DISTRICT
ZONEFOC~RGE
R
M..1 TO M-1 (S)
a~. I;a.,. ~ 9t'Lr'T
Nee.AlE. sill NCIZt°- l"O0 1
Dam I~J,i3. ~Mt ll,l:
¢kka kCll LONG [/-1047 Of I
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' 'W.G'.Richter ~ ~ ~ '
~37-484 6.352 ~. ~ I y
:T~' &~ B~ R.~ R.~CO.
': Capitol P~ ~
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, ' Hast,ngs ~ 809/697 12.47
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:
.o. / ~t~ ~-/~ ~e' .
No. Date 19 __
No. Date 19 __
No. Date 19 __
No. Date 19 __
Subscribe and sworn to before me this
Editor
day of ~
t' Public Notice' I
~OUNCIL AND THE PLAN-
N!NG AND ZONING COM-
~jlSSlON OF THE CITY OF
iF. ARt. AND, TEXAS
otice is hereby given ~at on
~ 25th day of AuguSt, 1997,
~:30 p.m., the City Counci!
~nd° the Planning and Zoning
, ommission of the City of
earland, Brazoria and Harris-
unties, Texas, will conduct
. Joint Public Head .ng in the
until Chambers, City Hail,
19 Ijberty Drive, Pearland,
;. xas, on the request of
lyn Smith, agent for AU
!!ate. Vacuum Service, Inc.,
~ner, .~or a Specific Use
,trait for a manufactured
ne to be used as' an ~ffice
,e I Light Industrial zone (M-
1. }n the following described
' ~ erty, to wit:
!~.4 acres out of Lot 35,
B .~oda County, Texas..
(4~...1 Shank Road)
' A ~id hearing all interested
p,~ ies shall have the right
~opportunity tO appear and
' ~'~~eard on the subject. '
~ oung Lorfing
.,. Secretary .
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
No. Date 19
No. Date 19
Subscribe and sworn to before me this
19 ~/3
/L// day of ~
Laura Ann Emmons, Publisher
...PUblic'N Ce ...!
NING AND ZONING C -
MISSION OF THE CITY 0
,,~pEARLAND, TEXAS;,
Notice is hereby given. Jhat lm ~~
Commission of the City ~ ""~' '
Counlies, Texas, will conduct.
a Joint Public Hearing in .the
3519 LFoerty Drive, pearland, ..
~' Texas, on the request' of
: Carolyn Smith, agent for AU
State Vacuum Setvice; Inc.,
owner, for a SpeCific Use
~. Permit for a manufactured
home to be used as an office
in a Light Industrial zone
1) on the following described
: property, to wit:
1.384 acres out of Lot 35,
H:T. & B.RR. Company
; Survey Number 4, A-545,
Brazoria County, Texas.
<~ (4901 'Shank Road).
'~: At said hearing all interested
,, parties shall have the right
+and opportunity to appear and
~ be heard on the subject.
., /s/Young Loffing
: ~ City Secretary
,: SPECIFIC USE pERMIT