Ord. 509-059 02-27-95ORDINANCE NO. 509-59
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 SINGLE FAMILY
DWELLINGS IN A GENERAL BUSINESS DISTRICT (GB) UPON CERTAIN
TRACTS AND PARCELS OF LAND LOCATED IN AIRPORT SITES
SUBDIVISION; AT THE REQUEST OF DANIEL GUILLEN, AGENT;
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATEAND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Daniel Guillen, agent, filed on December 15, 1994, 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 single
family dwellings upon certain tracts and parcels of land within the
territorial limits of said City, said property being legally
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 23rd day of January, 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 thereto 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 24th day of January, 1995, the Planning and
1
Zoning Commission of the City submitted its report and recommendation
to the City Council regarding the proposed amendment application of
Daniel Guillen, agent, whereby the Commission recommended and
approved the issuance of a Specific Use Permit to allow single family
dwellings in a General Business District (GB); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application at its
regular meeting on February 13, 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 Daniel
Guillen, 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 single
family dwellings upon the following described property located within
the corporate limits of the City of Pearland, Texas, and presently
classified with a General Business District (GB):
Lots 11-14 & 17-18, block 2, lots 1-8 & 11-18, block 3,
lots 1-5, block 4, and lots 1 & 4 of Airport Sites
Subdivision
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
2
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.
VI.
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.
3
day of
PASSED, ~3?PRO%~D, and ADOPTEDon first reading this
, 1995.
'MAYOR
/3
DAVID SMITH, MAYOR PRO TEM
ATTEST:.
PASSED, 'APPROVED, and ADOPTED on second and final reading this
C,.V. CO 'E~k'~VID'SMITH
MAYOR PRO-TEM
ATTEST:
· PAT JONES, TRMC0~MMIE'jEAN VIAL
-CITY 3ECRETARY- INTERIM CITY SECRETARY
EXHIBIT "A"
Z. ONING CHANGE APPt. ICATION
CI{~,NGE REOUESTED: -.
Change in Zoning Classification
From:
To :
[] Change in Regulations in
Section
~Specific Use
F o r: ~. '~
PRQPERTY IDENTIFICATION:
Street or Road.Address:
Lot , Block , Addition j~ Tax I.D.#
LEGAL DESCRIPTION:.
Unplatted Land: (Must have survey & metes and bounds description)
pROPOSED USE OF LAND WITHIN BF. OUESTED DESTGNATION:
>
RECORD OWNER:
OWNER'S MAILING ADDRERS & PNONR NO.:
XGZNT' S ~'UULXNG XDDRZSS: ~- 0. go ~ ¢ g/,
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.
SIGNATURE: ~ AId. ~'/SIGNATURE:
' DATE PAID: -~ '
AGENT
RECEIVED 'B~C: ~b~
REVISED FEnRUARY 17, 1993
EXHIBIT "A"
FIRST ST.
1 2 3 4 5 6 7 8
BL,DCK 2
15 16 ~
SECOND
ST.
10
"~ ' 19 20 , 21 NN~
THIRD
AFFIDAVIT OF PUBLICATION
REPORTER NEWS
· P.O. Box 954
Friendswod, Texas 77546
State of Texas
County of Galveston,
I, Linda Knight, hereby Certify that the notice hereby appended was published in Galveston County' in
the R~PORTER NEWS, a newspaper for general circulation in Galveston County and Brazoria County, for
issues, as follows: .-
No. / Date ,rJ/~t.J. y
· No. Date C 19
No. Date 19
No. Date 19
No. Date 19
-NOTICE OF A JOINT PU
,. . :.
"' NIHG :AND'.'ZONING.COi(I~.
~ F
'MlSSlON'OF~E:C~'0
Noti. is MeW-given ~at
on m~ ~' dW of
.:30. '
C~un~lTi*~' th.~i~i~
and Zoning Commission of
the .City of Pearland,~
'erazorla ,... and . Harris
Counties,. Texas, will con-~
d~t a Joint Public Headng
In the Coun~ii Chambers;
...gearland, -Texas.on :the
z igent,:fori'Sp~CifiC:~S'~
DIsM~ of Mid CiW. o~ ~e
sworn to before me this
"lots 1-8 i 11-iS"blo¢k ~w
. ·
Subdivid0n. (Area 0f First,/
Second & Third--Streets'
bound~ by Site .Hl~hwa~
,-.,'d,:~, ::, ~ .,~.':~':~.~' '~,, '~,., :.
At said Madng all. lntere~
ed partlee shall ha~e th~
r!ght and.opportunity t(
%lassif~
day of C '
S