Ord. 509-043 12-20-93ORDINANCE NO. 509-43
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 LIGHT WELDING
AND FABRICATION IN A COMMERCIAL DISTRICT (C) ON TRACT 43,
SECTION 2, BRAZORIA COUNTY, TEXAS; AT THE REQUEST OF REX
POWLEDGE, AGENT FOR ROBERT ELLIS, 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, Rex Powledge, Agent for Robert Ellis, Owner, filed on
September 29, 1993, 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 light welding and fabrication 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 November, 1993, 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 November, 1993, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding the proposed
application of Rex Powledge, Agent for Robert Ellis, Owner, whereby
the Commission recommended and approved the issuance of a Specific
Use Permit to allow light welding and fabrication in a Commercial
District (C); and
WHEREAS, upon receipt of the report from the Planning and
Zoning Commission, the City Council considered this application,
and concurred jith the recommendation of the Planning and Zoning
Commission, at its regular meeting on December 13, 1993; 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 Rex
Powledge, Agent for Robert Ellis, Owner, for a Specific Use Permit
to allow light welding and fabrication in a Commercial District
(C), facts were presented which, in the judgment of the City
Council, would justify the approval of said application, now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF pEARLAND,
TEXAS:
There is hereby issued a Specific Use Permit to allow light
welding and fabrication upon the following described property
located within the corporate limits of the City of pearland, Texas,
and presently classified within a Commercial District (C):
Tract 43, Section 2, Lot 4'(3839 Halik)
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. 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 her.in promotes the health,
safety, morals and general welfare of the public and is a proper
valid exercise of the City's police powers.
If any section, subsection,
portion of this Ordinance is for
unconstitutional by any court of
sentence, clause, phrase, or
any reason held invalid or
competent jurisdiction, such
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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.
PASSED, APPROVED, and ADOPTED on first reading this
day ofC___~.~,~,~_~o~ , A. D., 19 ~-~ .
/3
ATTEST:
Pat J~~y Secreta/~w/~
PASSED, APPROVED, andADOPTED on second and final reading this
cQ~ 0 day o~~-,~ , A. D., 19 F3 .
ATTEST:
Pat Jones~~ty Secretary
APPROVED AS TO FO :
{1 H.krGe{gg
D Attorney
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· .ONI~G Cn~IG~- APPtICATx(~,.
CM~NG~ REOURSTRD:
O Change in Zoning Classification
From: C ~
To : ,-C/~c/;,,c
O Change in Regulations in
Section
~Specific Use
~o~= I;~ I/~/~ ,)~ ~
PROPERTY IDENTIFICATION:
Street or Road Address :.
I.EGAt. DESCRIPTION:.
Unplatted Land: (Must have survey & metes and bounds description)
pROPOSED USE OF LAND
]~F. CORD OWNER:" '..~O~X~ 7' j/~
REVISED FRBRUP, RY 17, 1993
EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
Before me, the undersigned authority,'on this day personally
appeared GLORIA BOIKE, Business Manager for THE JOURNAL, a
newspaper having general circulation in Brazoria County,
Texas, who being by me duly sworn, deposes and says that the
foregoing attached notice was published in said newspaper'
on the following date(s), to wit:
, 19__
, 19
BUSINESS MANAGER
STATE OF TEXAS