Ord. 509-135 06-09-97ORDINANCE NO. 509-135
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: .3615 AC. OUT OF LOT A,
WESTGATE PARK, A SUBDIVISION OF 9.575 ACRES OUT OF LOTS 47
AND 48 OF THE ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION OF SEC. 19, H.T.B.R.R. CO. SURVEY, A-243, RECORDED
IN V. 16, P. 220 OF THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS. (7933 BROADWAY) (SPECIFIC USE PERMIT NO. 50) AT THE
REQUEST OF LOUIS A. CORTE, 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, Louis A. Corte, owner, filed on December 2, 1996, 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 12th May, 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 13th day of May, 1997, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed application of Louis A. Corte, owner, whereby the Commission
recommended and approved the issuance of a Specific Use Permit to allow a
residential dwelling 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
May 12, 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 Louis A. Corte, 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 residential dwelling
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:
.3615 AC. OUT OF LOT A, WESTGATE PARK, A SUBDIVISION OF
9.575 ACRES OUT OF LOTS 47 AND 48 OF THE ALLISON RICHEY
GULF COAST HOME CO. SUBDIVISION OF SEC. 19, H.T.B.R.R. CO.
SURVEY, A-243, RECORDED IN V. 16, P. 220 OF THE PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS. (7933 BROADWAY)
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.
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
<~~ , 1997.
/~'~"~ day of
Tom Reid, Mayor
ORDINANCE NO. 509-135
ATTEST:
PASSED, APPROVED, and ADOPTED on second and final reading this
~..~-/day of ~~l,f-~' , 1997.
Tom Reid, Mayor
ATTEST:
APPROVED AS TO FORM:
~hange in Zoning Classification from: /~ 27 _ to:,.
Change in Regulations in S~tion #: ,..
_,,='__/Specific Use for:
Property ad~'ess:
Lot: 9/.~Z,,f/,¢ Block:
Bounds Description:
(unpla_.tted prppe.rty only; illinch. Survey)
Subdivision:
I W,-xr','4,4z-e'. ,F2,,,~ ~,
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
0',. ucr's mailing address:
Owner's IcIcFIK,, :~; number:/,v/c-_
Agent's hallie:
kge. nt's mailing address:
Agcnt's tcicl~honc number:
PETITION: As owner/agent, I hereby petition the Cily tbr approval of the abovo dc~t'ibed r~uest as '!
provided by thc laws of the Sta(c of Texas and Ordinances of thc City of Pearland. ~
· - I
__ !~~d~~'- ~- At;cnl's signalut. c:
OwJlcE's
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cun~mings, hereby certil'y that the riotic6 hereby appended was published
in Brazoria and Flarris Counties in the REPORTER NEWS, a newspaper o~ general
circulation in Brazoria and Harris Counties, for / issues, as lollows:
No. j Date
No. Date
No. Date
19~__~__
No. Date _
No. Date
19.
Subscribe and worn to before me this
19
Editor
day of(~,,2, 7
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State ol= Texas
Brazoria and Harris Counties
.c
1', Joan Cummings, hereby certify that the noticd hereby appended was published
in Brazoria and Flarris Counties in the REPORTER NEWS, a newspaper of genera!
circulation in Brazetie and Harris Counl. ics, l'or y issues, as l'ollows:
No. Date
19
No. Date
19_
No. Date 19.
No. Date
Subscribe and worn to before me this
19 ~"'2
Editor
day o~1',' /
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LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
City of Pearland, Texas
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