Ord. 509-074 06-24-96ORDINANCE NO. 509-74
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 FOR A CHURCH
TO BE BUILT IN A SINGLE FAMILY DWELLING DISTRICT (R-l) ON
1.90 ACRES OF LAND SITUATED IN LOTS ONE AND TWO, BLOCK
THREE, SKYWAY MANOR SUBDIVISION, BEING A SUBDIVISION OF
68.24 ACRES OUT OF THE WEST HALF OF THE NORTHWEST ONE-
QUARTER OF SECTION 15, H.T.& B. R.R. CO. SURVEY, ABSTRACT
241, BRAZORIA COUNTY, TEXAS (14706 PIPER ROAD) ON THE
REQUEST OF BILLY DON_PIERSON, AGENT FOR FIRST ASSEMBLY OF
GOD OF PEARLAND, OWNER, PROVIDING FOR ANAMENDMENT OF THE
LAND USE DISTRICT+MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Billy Don Pierson, agent for First Assembly of God of
Pearland, owner, filed on March 19, 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 for a church to be built
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 13th day of May, 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 14th day of May, 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation to
the City Council regarding the proposed application of Billy Don
Pierson, agent for First Assembly of God of Pearland, owner,
whereby the Commission recommended and approved the issuance of a
Specific Use Permit to allow for a church to be built in a Single
Family Dwelling District (R-l); 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 June 10, 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 Billy
Don Pierson, agent, 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
church to be built upon the following described property located
within the corporate limits of the City of Pearland, Texas, and
presently classified as a Single Family Dwelling District (R-l):
1.90 acres of land situated in Lots One (1) and Two (2),
Block Three (3), Skyway Manor Subdivision, being a
subdivision of 68.24 acres out of the West half of the
Northwest one-quarter of Section 15, H.T.&B. R.R. Co~
Survey, Abstract 241, Brazoria County, Texas (14706 Piper
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.
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. 509-74
ATTEST:
PASSED, APPROVED, and ADOPTED on second and final reading this
~~ay of ~ 1996.
'Tom Reid, Mayor
ATTEST:
y~nd~en~it~re ary
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APPRO~ AS TO FORM:
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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 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. / Date~~{~/~ 19~L/
No. Date
No. Date
19
No. Date
No. Date
Editor
Subscribe and worn to before me this
day of~
URA A. E~MONS
Laura Ann Emmons, Publisher
EXHIBIT "B"
[,
Change in Zoning Classification from: .qn to~ R 1 ~i SPECIFIC
Change in Regulations in Section #:
__ Specific Use for: CHURCH
Property address: 14706 PIPER RD.
1
Lot: 1 & 2 Block: 3
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision: .qKVW~V Manera
ATTACHED
Tax I.D. number: E760390978
Proposed use of land within requested designation: CHURCH
Record owner's name: FIRST ASSEMBLY OF GOD OF PEARLAND
Owner's mailing address: P.O. BOX 1000 ALVIN, TX 77511
Owner's telephone number: ( 713 )
482-8648
Agent'shame: BILLY DON PIERSON
Agent's telephone number: ( 713 ) 485 - 5871
PETITION: As ownedagent, 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.
FIRST ASSEMBLY OF
Owner's signature: GOD OF PEARLAND Agent's signature:
Fees paid: $ WJilVED Date paid:
Received by: '{~ be~-'/f'/ , --