Ord. 509-110 12-20-97ORDINANCE NO. 509-110
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 AN EXISTING
SINGLE FAMILY DWELLING IN A GENERAL BUSINESS DISTRICT ON
THE EAST 10.0 FEET OF LOT 7 AND THE WEST 70 FEET OF LOT 6 OF
THE PARTITION OF THE MAHANAY LANDS, H.T.& B. R.R. CO.
SURVEY, SECTION 15, ABSTRACT 241, BRAZORIA COUNTY, TEXAS
(6834 BROADWAY - SPECIFIC USE NO.48) AT THE REQUEST OF
ALLEN PATSCHKE, 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, Allen Patschke, owner, filed on August 30, 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 an existing single family 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 25th day of November, 1996, 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 November, 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed application of Allen Patschke, owner, whereby the Commission
recommended and approved the issuance of a Specific Use Permit to allow an existing
single family dwelling in a General Business 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
December 17, 1996; 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 Allen Patschke, 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 an existing single
family dwelling on the following described property located within the corporate limits
of the City of Pearland, Texas, and presently classified as a General Business District:
The East 10.0 feet of Lot 7 and the West 70.0 feet of Lot 6 of the
partition of the Mahanay Lands, H.T.& B. R. R. Co. Survey, Section 15,
Abstract 241, Brazoria County, Texas (6834 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/);~'~ day of
~, 1996.
Tom Reid, Mayor
ORDINANCE NO. 509-110
ATTEST:
PASSED, APPROVED, and ADOPTED on second and final reading this
~ay of ~ , 1996.
Tom Reid, Mayor
ATTEST:
Y~oa~C. Benitez, ~~
APPTVED AS TO FORM:
.:,Z,
__ Change in Zoning Classification from:
__ Change in Regulations in Section #:
Specific Use for: *
2) t,t,'FLt./A/'$
Property address:
Lot: 6,,q 7,q Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
8~o,q'-~ t,,V/} Y
H.T; ~ ~. R.,e. t~. sanvt,% As~,"a.,~r ~--q-I
Subdivision:
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name: ,dlz. t egv ~..
Owner's mailing address:/,,
Owner's telephone number:
F,,.ha/,~ .P ..D t,b,t:"zt
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 Pearland. *On a Specific Use
Penit 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: $ p~/~_..
Received by:
Agent's signature:
Date paid:
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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 tha. t the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER ~IEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for issues, as follows:
No. /Date //-/-. is '~.
No. Date 19
No. Date ' 19 __
No. Date 19.
No. Date 19 __
Subscribe and worn to before me this
Editor
day of
EXHZBZT ~B"
j.PublicNottce J
JiOuCE OF A JOIhl PUB-
THE PLANNING AND ZON-
ING COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Nobishembygivenlhaton
.. the 25th day of November
1996, at 6:30 p,m., the City.
Council Hall, 3519 Liberty
Drive, PearlaM, Texas, on
owner, for a Specific Use
; Permit to allow an exbting~
single family dwelling in ~
General Business District;
(GO) on the following
described property, to-wit.:
The East 10.0 feet of Lot 7
ancl N West T0.0 feat of Lot
6 of the Partition of the
. Mshanay Lands,. H.T. &;
B.R.R. C,}. Survey, Section'
15, Abstract 241, .Brazoria
County, Texas (6834~
Nfaidheadngallimerested~
parties shah have the ~ght
be heard on the subject.
/s/Yolanda C. Benitez