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Ord. 509-132 06-09-97 ORDINANCE NO. 509-132 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 TO ALLOW A MOBILE OFFICE BUILDING IN A HEAVY INDUSTRIAL DISTRICT ON 2.00 ACRES OUT OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B. R.R. SURVEY, A-551, (G.C. SMITH SURVEY), RECORDED IN VOL. 593, PAGE 407 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (17605 SH 35 - SPECIFIC USE PERMIT NO.53) AT THE REQUEST OF PRO-LINE WATER SCREEN SERVICES, INC., AGENT FOR GATECH ENTERPRISES, 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, Pro-Line Water Screen Services, Inc., agent for Gatech Enterprises, Inc., owner, filed on December 1 O, 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 mobile office 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 14th day of April, 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 Sections 28.3 and 28.4 of Ordinance No. 509; and WHEREAS, on the 15th day of April, 1997, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed application of Pro-Line Water Services, Inc., agent for Gatech Enterprises, Inc., owner, whereby the Commission recommended and approved the issuance of a Specific Use Permit to allow a mobile office building in a Heavy Industrial 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 April 28, 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 Pro-Line Water Screen Services, Inc., agent for Gatech Enterprises, 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 mobile office building on the following described property located within the corporate limits of the City of Pearland, Texas, and presently classified as a Heavy Industrial District: 2.00 acres out of Lot 178, Zychlinski Subdivision, Section 28, H.T.& B. R.R. Survey, A-551, (G.C. Smith Survey), recorded in Vol. 407 of the Deed Records of Brazoria County, Texas (17605 SH 35), 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/~-~day of ~'/2,~ ,1997. Tom Reid, Mayor ORDINANCE NO. 509-132 ATTEST: day of ~ , 1997. PASSED, APPROVED, and ADOPTED on second and final reading this Tom Reid, Mayor ATTEST: g~,L~ y. cre ry APPRO~/VED AS TO FORM: ~t At A~es McCullough, ~ ~ ~ rhea/ __ Change in Regulations in Section #: v/ Speci.cUseror:* ~,-,IO; t tO-Le;r e_ p,~; Id; Property address: Lot: j r7 ~ Block: Metes & Bounds Description: (unplatted property only; attach survey5 5~e,, nl4,,,k, d Fxk; 1,,; + ~ ' Tax kV. number: 76 ' C),~; ~, Oq 9 q Proposed use of land within requested designation: Record owner's name: Nhc r Tnc . Owner's mailing address: jQO, An )/ 115~ Fr,'end~sWo,~r[ Tx. 905qq'Olt,5 Owner's telephone number: Agent'shame: Pro- k;n~ t,,9o.+e,," ..~er,een -~erVice s Tnr , AgenCsmainngaddress:p,O. ~r~X D-,g/--,-5 P,-,2-rlo-..,d T~. 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 nd futur, g~ses on properties in my vicinity. ·Fccs pa!d: $ ~ Date paid: .LLJ_Zf~ '-'i · ,i :,.:iiii¢._:.,:;.L,Z,)..' "': ../~~.-~ZZZ'L'~ d.:;..:ZLi:~:..(_~>_e!.~-_.,,.o~, ,L,;4,i:= :: '."' "",<:", ': .....: ........ZL .ZT._ ,, M-2 HEAVY INDUSTRIAL DISTRICT SD SUBURBAN DISTRICT Owe I~J.EJ. CNd Ir..CJq. LONG 96--1261A TRUE NORTH I ~D Lambert I0 Grid Magnetic North AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties 1', Joan Cummings, hereby certify that the notic6 hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazoria and Harris Courttics, for / issucs, a5 follows: No. ] D,te. ~"' Z(.. No. Date No. Date No. Date No. Date 19 _'Y/1 19. 19,.. 19_ Subscribe and worn to before me this 19 ~r7 Editor · ,~--"7 day of ~(]~ ot~r' Laura-AG,n, Emmons, Publisher ~OTICE OF A JOINT PUB- ~ ....I.E, ARINGOFTHECITY ,",. .... :!'-, ....r..~ AFFIDAVIT OF PUBLICATION Tile Pearland Reporter News 2404 Soutl~ Park Pearland., Texas 77581 State o~ Texas Brazoria and Harris Counties 1, Joan Cummings, hereby certify that the noticd hereby appended was published it? Brazoria and Harris Counties in the REPORTER ~WS, a newspaper or general c~rculation in Brazoria and Harris Counties, for issues, as ~ollows: No. // Date Z--//_ ?..._ No. Date No. Date No. Date No. Date 19__.~ 19. Subscribe and worn to before me this 19 Editor day of (/r~. / '=""" °Nora 3519 Liberty Drive ® Pearland, Texas 77581-5416 (281) 485-2411 · Fax (281) 485-8764 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that on the 14th day of April, 1997, at 6:00 p.m., the City Council and the Planning and Zoning Commission of the City of Pearland, Brazoria and Harris Counties, Texas, will conduct a Joint Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Pro-Line Water Screen Services, Inc., agent for Gatech Enterprises, Inc, owner, for a Specific Use Permit on the following described property, to wit: 2.00 acres out of Lot 178, Zychlinski Subdivision, Section 28, HTBRR Survey, A-551, (G.C. Smith Survey), recorded in Vol. 593, Page 407 of the Deed Records of Brazoria County, Texas. (17605 SH 35) At said hearing all interested parties shall have the right and oppommity to appear and be heard on the subject. SPECIFIC USE PERMIT APPLICATION NO. 53 q~[l Pdnted on Recycled PN)er