Ord. 509-131 06-09-97ORDINANCE NO. 509-131
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 MANUFACTURED
BUILDING IN A LIGHT INDUSTRIAL DISTRICT ON .7194 ACRE TRACT
OF LAND OUT OF TRACT 43 OF THE ZYCHLINSKI SUBDIVISION OF
THE H.T. & B. R.R. CO. SURVEY, SECTION 2, ABSTRACT 542,
BRAZORIA COUNTY, TEXAS (3909 HALIK - SPECIFIC USE PERMIT
NO.49) AT THE REQUEST OF SHARON D. JOHNSON, AGENT FOR BOB
ELLIS, 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, Sharon D. Johnson, agent for Bob Ellis, owner, filed on
November 8, 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 manufactured 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 31 st March, 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 st 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 Sharon D. Johnson, agent for Bob Ellis, owner, whereby the
Commission recommended and approved the issuance of a Specific Use Permit to
allow a manufactured building in a Light 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 Sharon D. Johnson, agent for Bob Ellis, 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
building on the following described property located within the corporate limits of the
City of Pearland, Texas, and presently classified as a Light Industrial District:
.7194 acre tract of land out of Tract 43 of the Zychlinski Subdivision of
the H.T.-'& B. R.R. Co. Survey, Section 2, Abstract 542, Brazoria
County, Texas (3909 Halik),
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
, 1997.
/~-'#day of
Tom Reid, Mayor
ATTEST:
ORDINANCE NO. 509-131
PASSED, APPROVED, and ADOPTED on second and final reading this
~/day of ~-yL,~/ , 1997.
Tom Reid, Mayor
ATTEST:
APPROVED AS TO FORM:
~K~Motes Mc~ullo~Cgh, City ~~orney
__ Change in Zoning Classification from: /,!/Lrr to:/]~]~ "r"
__ Change in Regulations in Section//:
Property address:
;3qoq
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
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 residemial 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.
Owner's signature: Agent's signamrei;_~L~~~-'-"44~
Fees paid: $ ,;Z..')'t~', ~D 0 Date paid: //- 0c -q/:,
.... !!ece,~cd !',..~ ...... .. .,~_ ~..~, ~'.'. ~.. '. Application nu,ubgr: ....' "' "'.'i'!'C'.'!'.! :' ' ~".; ]
~' ~, .... %....=-=.---.--.- .............................
__ Change in Zoning Classification from:
Change in Regulatiom in Section #:
Specific Use for: *
Property address:
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
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 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.
Owner's signature:
Fees paid: $ ,~2.,~'~,, ~. ~'~ ,-- __
Agent's signaturei//Z/~,]~
Date paid: //-- oG "q ~
Ap'pliCitioh rimabet: ,.. "
ZONE C
ZONE M-1
ZONE M-1
ZONE C
HALIK
RD.
0.7194 ACRES
3,909 HALIK RD.
200'
(TYP.)
ZOI~E M-1
,/200'
·:TYP,) "
ZONE M-1
RICE DRYER RD.
ZONE C
C COMMERCIAL DISTRICT
M-1 LIGHT INDUSTRIAL DISTRICT
S SPECIFIC USE PERMIT
City of Pearland, Texse
SPECIFIC USE
FROM
M-1 TO M-I(S)
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(281) 485-2411 · o~ (281) 485-8764
April 1, 1997
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE PERMIT
NO. 49.
Request of Sharon D. Johnson, agent, for Bob Ellis, owner, for an amendment to
the Land Use and Urban Development Ordinance of said City for a Specific Use
Permit on the following described property, to-wit:
.7194 acre tract of land out of Tract 43 of the Zychlinski subdivision of the H.T.
& B. R.R. Co. Survey, Section 2, Abstract 542, Brazoria County, Texas. (3909
Halik)
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on March 31, 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 Jack D.
Mathis to approve Specific Use Permit No. 49.
Motion passed to approve 4 to 1 (Comn~ssioner Randy Patro abstained).
This is submitted for your consideration.
Pat Lopez, Vi~airman
Planning & Zoning Commission
OPrinted on Reo/ded Paper