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Ord. 509-146 06-09-97ORDINANCE NO. 509-146 AN ORDINANCE 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 DWELLING IN A GENERAL BUSINESS (GB) DISTRICT ON THE FOLLOWING PROPERTY, TO-WIT: LOT 46C1, A .5 ACRE TRACT IN THE F.B. DRAKE SURVEY, A-504, (TAX ACCOUNT #: 05040070120), BRAZORIA COUNTY, TEXAS. (6709 BROADWAY) (SPECIFIC USE PERMIT NO. 54) AT THE REQUEST OF ROBERT GARY FORREST & GARY WAYNE FORREST & CRAIG ALLEN FORREST, 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, Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest, owner, filed on April 7, 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 residential dwelling 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 June, 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 9th day of June, 1997, the Planning and Zonir,g Commission of the City submitted its report and recommendation to the City Council regarding the proposed application of Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest, owner, whereby the Commission recommended and approved the issuance 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 cla of Y , 1997. ,~ Tom Reid, Mayor ORDINANCE NO. 509-146 PIRILRIItD 3:D: ~l 3'*4iat-=llelS4 I:tPR O~'t117 ./6Ill Na.OOf; P.C)L ; ... A. lt, m'l mlepmom mm~m~ ~o C~rere 45A-1 23 ZONE SD 4 c,~Y UM,T UNE 200' (TYP.) ZONE SD I BROAD!AY / zoNE c STREET SD SUBURBAN DISTRICT GB GENERAL BUSINESS DISTRICT C COMMERCIAL DISTRICT S SPECIFIC USE PERMIT ZONE C !00' 2A 45A 46 ZONE SD BROADWAY N ZONE SD Z L~ C~ <~ 2C-1 ZONE SD C.,ity of Pearland, Texa,8 ROBE!IT, GARY, & CFIAIG FORREST ZONE CHANGE FROM GEl TO GB(8) · leb Ne.: Sed~. SHEET taN:ApRIL., 1997 HORZ:I'-- 200' Vl3eT:r-- 1 INe ly:.J.g..6. ¢J~ FILI: (:l~kd 9~.C,R LONG 97--104.,~OF 1 -' HIBON 3NBI 1-99,, VL~ L "'~oPPO a)uugB ; -- 0 _ -- co l'T,.>>.,.:.. -' 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 __ Subscribe and worn to before me this 19 '~ r',Edito~rJ_,byr~ ryz.~' day of ("~,~,r~, 3519 Liberty Drive · Pearland, Texas 77581-5416 (281) 485-2411 · Fax (281) 485-8764 June 9, 1997 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE PERMIT NO. 54 Request of Robert Gary Forrest & Gary Wayne Forrest & Craig Allen Forrest, owner, for a Specific Use Permit on the following described property, to-wit: Lot 46C1, a .5 Acre tract in the F.B. Drake Survey, A-504, ( Tax Account #: 05040070120), Brazoria County, Texas. (6709 Broadway) Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on June 9, 1997, after the joint public hearing, considered the above-mentioned recommendation to the City Council. A motion was made by Commissioner Emil Beltz, and seconded by Commissioner Jack Mathis to approve specific Use No. 54. Motion passed to approve 7 to 0. This is submitted for your consideration. Sincerely, Pat Lopez, Vice Chairman Planning & Zoning Commission q~P~nled o~ Rec. yded Paper