Ord. 509-071 05-13-96ORDINANCE NO. 509-71
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
TELECOMMUNICATION SYSTEM AND LINES TO BE BUILT IN A
COMMERCIAL DISTRICT (C) ON LOT 4, BLOCK 1, FERRI
SUBDIVISION (KNAPP ROAD) AT THE REQUEST OF DON TALLANT,
~GENT FOR FORMERS BY ERNIE, INC., OWNER, PROVIDING FORAN
AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE;
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Don Tallant, agent for Formers byErnie, Inc., owner,
filed on March 7, 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 talecommunication system and lines 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 22nd day of April, 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 givenby
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 23rd day of April, 1996, the Planning and
Zoning Commission of the
recommendation to the City
application of Don Tallant,
City submitted its report and
Council regarding the proposed
agent for Formers by Ernie, Inc.,
owner, whereby the Commission recommended and approved the issuance
ox a ~peclrlc use PermIt to allow for a telecommunication system.~
and lines to be built in a Commercial District (C); 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 May 13, 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 Don
Tallant, 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:
There is hereby issued a Specific Use Permit to allow for a
talecommunication system and lines upon the following described
property located within the corporate limits of the City of
Pearland, Texas, and presently classified as a Commercial District
(C):
Lot 4, Block 1, Ferri Subdivision (Knapp 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,
portion of this Ordinance is for
unconstitutional by any court of
portion shall be deemed a separate, distinct, and independent
provision and such holding
remaining portions thereof.
sentence, clause, phrase, or
any reason held invalid or
competent jurisdiction, such
shall not affect the validity of the
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.
ADOPTED on the first reading this
, 1996.
Tom Reid, Mayor
APPR0 D, and
3
ORDI!IAIICE I10 509-7].
·
ATTEST:
~a C/~~.Be~n'i~cretarY
PASSED, APPROVED, and ADOPTED on second and final reading this
Tom 'Reid, Mayor
ATTEST:
y J e. Benitez, C
APPROV AS TO FORM:
~:cCullough, City Atto~ey
4
__ Change in Zoning Classification from: j~L C to: ~J'
.. Change in Regulations in Section #:
X Specific Use for: Telecommunication system & lines
Property address:
Knapp Road (Drawing attached)
Lot: 4 Block: 1
M~tes & Bounds I)~scription:
(unplalted propezty only; attach surv~)
Subdivision: Ferri
N/A
Subdivision
Tax I.D. nmber:
N/A
Proposed u~ oflandwithinrequesteddesignation: Installation of a 10 X 24 foot
Maxi Hut to be located on a 40 X 60 foot easement for the purpose
of bringing in fiber optic lines or comporable and switching equipment
for this general area.
Request the right to use the first 25 feet adjoining Knapp Road as
a drive-way and turn around area.
Record owner's name: Formers By Ernie, Inc
7905 Alemada Genoa
Suite B
Ownefs mailing address: Houston, Texas 77075
Owners telephone number:. 713 991 - 3 455
Don Tallant
Agent'sname: Southwestern Bell Telephone
9950
SuiteC~E~esswood Drive
Agent'smailingaddress: Houston, Texas 77070
Agent's telephone number: 713 955 - 2994
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.
Owner's signatur _ Agent's signam
Fees paid: $ ~ 5C ,c~ Date paid: ~ _ t'~ _C~..~42 .........
EXHIBIT "A"
CHANGING ZONE FROM ZONE C TO S
ZONE C
ZONE C.
0.06 ACRES
<E
r'~
Z
1,1
_J
KNAPP
ZONE R-2
ROAD
ZONE C
ZONE GB
C - COMMERCIAL DISTRICT
S - SPECIFIC USE PERMIT
DATE: 3\8\96
C.O.P. JOB NO. 96-1147
EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
The hadand Reporter News
2404 South Park
Pearland, Texas 77581'
State of Texas
Brazoda and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazorla and Herds Counties in the REPORTER NEWS, a ~ of general
circulation In Brazoda and Herale CounUes, for / Issues, as follows:
No. / D.t, ~/P~j~? ~9 5~d
No. Date 19 __
No. Date 19 __
No. Date 19 __
No. Date 19
Subscribe and wom to before me this
Editor
day o~~
Laura Ann Eramona, Publisher
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