Ord. 509-065 12-11-96 r
ORDINANCE NO. 509-65
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 DUPLEX
OR SINGLE FAMILY HOMES TO BE BUILT IN A GENERAL BUSINESS
DISTRICT (GB) ON LOTS 29 , 30 AND 31, BLOCK 6, OLD TOWN
SITE (2 2 3 6 & 2240 GRAND BOULEVARD) AT THE REQUEST OF CARL
E . TALBOT, AGENT FOR ESSIE TALBOT, OWNER, PROVIDING FOR
AN 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, Carl E. Talbot, agent for Essie Talbot, owner, filed
on October 28, 1995, 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 duplex or single family homes 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 November, 1995, 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 21st day of November, 1995, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding .the proposed
application of Carl E. Talbot, agent for Essie Talbot, owner,
whereby the Commission recommended and approved the issuance of a
Specific Use Permit to allow for a duplex or single family homes to
be built in a General Business (GB) 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 November 27, 1995; 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 Carl E.
Talbot, 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
duplex or single family homes upon the following described property
located within the corporate limits of the City of Pearland, Texas,
and presently classified as a General Business District (GB)
Lots 29, 30 and 31, block 6, Old Town Site (2236 & 2240
Grand Boulevard)
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.
ORDINANCE N0. 509-65
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
Tom Reid, Mayor
ATTE ST:
~..-.~~
Tom Reid, Mayor
EXHIBIT "A"
25
24
1
2
48
47
ZONE GB
26'
48
47
E. PLUM ST.
Z
D
0
I
1 48
ZONE gB
Z
200'
24 25
E. JASMINE
~ 48
0
ST.
200'
ZONE GB
ZO ~IE GB
I
PARK
1
2
26
25
2O
19
48
~ONING CHM',IGE APP]'.ICATTON
!_! L,j L_:;
CHANGE REOUESTED: EXHIBIT "A"
D Change in Zoning Class~,',c~_..t~_o~ ..... ~ Use
O Change
Section . C:':T ~" CE'::j~STA~'Y'~ OF'FjCE
~ROPERTY TDENTIFICATION:
Street or Road .Address:
Lot3e , Block ~ , Addition
3/ .
].EGAL DESCRIPTION :.
Unplatted Land:
22~2
(Must have survey & metes and bounds description)
OWNER' g MAILING ADDRESS t PRONE NO.:
]~GENT'S NAME:
NO.
AGENT' S MAILING ADDRESS:
~ETITION: As OWNER/AGENT, I hereby petition the City for approval of
the above described request as 'provided by the laws of the
SZCN TU : ,.
~ ~, ~ , AGENT
FES:$ J~ ~ DATE PAID:/~' 2- ' MCEI~D ~
DATE rZ -SD: /'
BEVISEO FEBRUARY i7, 1993
EXHIBIT "B"
LEGAUPUBLIC
.NOTICE
NOTICE OFA JOINT
PUBUC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
AFFIDAVIT OF PUBLICATION PEARLAND, TEXAS
· Nolice is hem given that
; n the 13~ day of
. ovember 1995, at 7:00
P.M. the City Council and
the 151anninS and Zonin
Before me, the undersigned authority, 'on this day personall pCe°a"~,n~.s~i,°"B~fazthoeriaCi~.~
appeared GLORIA BOIKE, Business Manager for THE JOURNAL, a mo~su.tco~': j~.intTex~Jbiwf.'
newspaper having general circulation in Brazoria County, earinS in the Cou tl
Texas, who being by me duly sworn, deposes and says that t~ '2
foregoing attached notice was published in said newspaper' ~fts~.°nl~ahl%ot. ant
owners, for a ed' se
e~lt
%' '~' pro irt:
· s D ict (GB) on
0 wi described
' ' " 2232 G~Od Boulevard)
, 19 the fight and ortunily to
Ydanda C. Bonitez
, 19 . mty
Subscribed and sworn to this C~d~ day of .
(SEAL)
NIKKI KLEIN
Notary Public. State of Texas
My Commission Expires
05/17/98
NOTARY PUBLIC
STATE OF TEXAS
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. Date 19 __
No. Date 19
No. Date 19 __
No. Date 19 __
Subscribe and worn to before me this
NOTICE OF A JOINT PUB-
COUNCIL AND THE PLAN-
NING AND ZONING COM-
MISSION OF THE CITY OF
Nolicelsherabygiveathat
on the 13th day of
November 1995, at 7:00
p.m., the Cffi/Councg end
the Planning end Zoning
Commission of 'the CRy of
I Public Notice" '1'
Peerland, Brezorla and
Herds Counties, Texas, will
conduct e Joint Public
Hearing in the Council
Room, City Hall, 3519
Liberty Drive, Pearland,
Texas un,th8 request of Cad
F. Tmot, ,gent. ~,cuUv,
DIrector of Estate) for hie
Telhot, owner, for a Specific
Use Permit to allow for a
duplex or single family
homes to be built in e
General Business District
Editor
day of
I Public Notice "1 ,.. . .
~ :P~bj}~, 'State o.f Texas
{GB) on the followlng,~~...
Lots 29, 30 & 31, Block 6,
Old Town Site (2232 Grand ra Ann Emmons, Publisher
eou~.rd) '
At laid hearing all intersit-
ed parties shall have the
· right and opportunity to
apper and be mrd on the
IWYdanda C. Benitez