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Ord. 509-108 12-20-97ORDINANCE NO. 509-108 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 SINGLE FAMILY HOUSE WITH BARN, HAY PASTURE, AND TWO TO THREE HORSES IN A SUBURBAN DEVELOPMENT DISTRICT - BUSINESS COMPATIBLE ON 18.4 ACRES OUT OF THE T.D. YOCUM SURVEY, A-399 AND THE A.C.H. & B. SURVEY, A-147, BRAZORIA COUNTY, TEXAS (JOHN LIZER RD.- SPECIFIC USE NO.47) AT THE REQUEST OF DAN M. WORRALL, 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, Dan M. Worrall, owner, filed on July 25, 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 single family house with barn, hay pasture, and two to three horses 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 Dan M. Worrall, owner, whereby the Commission recommended and approved the issuance of a Specific Use Permit to allow a single family house with barn, hay pasture, and two to three horses in a Suburban Development District - Business Compatible; 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 Dan M. Worrall, 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 single family house with barn, hay pasture, and two to three horses upon the following described property located within the corporate limits of the City of Pearland, Texas, and presently classified as a Suburban Development District - Business Compatible: 18.4 acres out of the T.D. Yocum Survey, A-399 and the A.C.H. & B. Survey, A-147, Brazoria County, Texas (John Lizer Road) 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 ~-~j~, 1996. Tom Reid, Mayor ORDINANCE NO. 509-108 ATTEST: - PASSED, APPROVED, and ADOPTED on second and final reading this c?O~day of ~ , 1996. Tom Reid, Mayor ATTEST: APPRO//~ED AS TO FORM: Ar~s McCullough, Cit~ __ Change in Zoning Classification from: EXHIBIT "A" .:..:. :,.. :.",7:.'...:. CITY OF PF.,ARLASD .:~:5'.':'? ........ 'ZONE C[IANGE APPLICAII ON ..... ".... revised 3/5.r96 .f'L) - ~ to: Change in Regulations in Section//: Property address: Lot: Block: Metes & Bounds Description: (unplatted property only; attach survey) Subdivision: Ae, s.'T.D. Tax I.D. number: Proposed use of land within requested designation: Ow~r's mailing address: ~~; Vb~ ~O~c~e Ow~r's telephone num~r:}3t - 7C - ~ll - ~ LL I 3q L~c,~sse,~;~c~r 3'3qt %'r> Agent's name: Agem'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 EXHIBZT 'A" ,/ N R-~ R-2 G8 SOe S JOHN LIZER ROAD LOW Ot'NSITY S~NGLE FAMILY Or/[LUNG DISTRIC~~ MEDIUM I)ENSI1Y SINGLE FAMILY OWE]JJNG GIg, i~M~L~OI~ SLI~URBAN O~"rl~CT BUSINESS SP[CE1C USE PERMr'r ZII, EP CltyofPeB~nd, Texaa ZONE CHANGE FROM 8DB TO 8 J~ Ik,.: i SHtrLrT OeIeOCT., 1996 H~:I', 400' 1 ~ :1°, i IF.C.R, LONG 96--1168 04r 1 i R D parrain ..,.-p ~, ...,c~n.;, · ~ m .b 441/51 c~nCXI ~0 ~ 17.57 'B N' Cart)enter Construction Co. ,>(' ield p~mP ~437/200 resset ~ EX.:,,q~T \" --4 dl, Ct~o ~ // Kliesing OLr EXHIBIT "B" 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. I Date No. Date No. Date No. Date No. Date //-(, 19 ~ 19 19 19 19 ditor Subscribe and worn to before me this day of Laura Ann Emmons, Publisher EXHZBZT "B"