Ord. 509-035 12-14-92ORDINANCE NO. 509-35
AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE
AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEAR-
LAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE
PERMIT TO CONSTRUCT A SINGLE FAMILY DWELLING IN AN OP,
OFFICE AND PROFESSIONAL ZONE, LOCATED IN THE OLD TOWN-
SITE AT THE REQUEST OF DON CARBONE, OWNER; PROVIDINGAN
AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE; PROVIDING A PENALTY FOR VIOLATION AND OTHER
PROVISIONS RELATED TO THE SUBJECT AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO PROVIDE FOR THE ORDERLY
DEVELOPMENT OF THE CITY IN AN EXPEDITIOUS MANNER BEARS
DIRECTLY ON THE WELFARE OF THE POPULATION AND THEREFORE
INURES TO THE GENERAL BENEFIT OF THE CITIZENRY.
WHEREAS, Don Carbone, Owner, filed on or about November 18,
1992, an application for 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
construct a single family dwelling 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 Spe-
cific Use Permit attached hereto and made a part hereof for all
purposes as "Exhibit A;" and,
WHEREAS, on the 7th day of December, 1992, a joint public
hearing was held before the Planning and Zoning Commission and
the City Council of the City of Pearland, Texas, notice thereof
being given by mail and 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 notice
being in strict conformity with applicable State Law and the
provisions of Ordinance No. 509; and,
WHEREAS, on the 8th day of December, 1992, the Planning and
Zoning Co~ission of~l~e City submitted their report and recom-
mendation to the City Council regarding the proposed application
of Don Carbone, Owner, whereby they recommended the issuance of
a Specific Use Permit to construct a single family dwelling in an
Office and professional Zoning District; and
WHEREAS, upon receipt of the report from the Planning and
Zoning Commission, the City Council considered-this application
and such report at their regular meeting on December 7, 1992; and
WHEREAS, the City Council having fully heard the testimony
and argument of all interested parties, and having been fully
advised in the premises, finds that in the case of the applica-
tion of the owner for a Specific Use Permit to construct a single
family dwelling in an Office and Professional Zone, 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 construct a
single family dwelling upon the following described property
located within the corporate limits of the City of Pearland,
Texas, and' presently classified within the OP, Office and Profes-
sional Zoning District:
Lots 3 and 4, Block 9, Old Townsite.
II.
Any person, firm or corporation who violates or fails to
comply with the requirements or provisions of this Ordinance
shall be deemed guilty of a misdemeanor, and shall, upon convic-
tion by a court of competent jurisdiction, be punished by a fine
of not less than One Dollar ($1.00) nor more than One Thousand
($1,000.00), and each day such violation or failure to be in
compliance shall exist shall be deemed to constitute a separate
offense.
The City Council of the City of Pearland finds and deter-
mines 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
2
compliance with the mandates of law in the posting and presenta-
tion of this matter to the Planning and Zoning Commission and to
the City Council for consideration and decision.
IV.
The City Council of the City of Pearland finds and deter-
mines 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.
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.
VI.
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.
VII.
The City Secretary is hereby directed to cause to be pre-
pared 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.
VIII.
The City Secretary shall cause this Ordinance, or the cap-
tion and penalty hereof, to be published in the official news-
paper of the City at least once within ten days after its passage
on final reading. This Ordinance shall then become effective ten
days from and after its publication, or the publication of its
caption and penalty, in the official City newspaper.
The Council finds and determines that the need to provide
for the orderly development of the City in an expeditious manner
bears directly on the welfare of the population and therefore
inures to the general benefit of the citizenry; and that this
Ordinance shall be adopted as an emergency measure, and that the
rule requiring this Ordinance to be read on two .(2) separate
occasions be, and the same is hereby waived.
, A. D., 1992.
ATTEST:
Pat Jones, C~y Secretary
APPROVED AS TO FORM:
L~ster Rorick, City Attorney
VOTING RECORD (FIRST AND ONLY READING) DECEMBER 14, 1992
Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Smith.
Voting "No"'- None.
Motion passed 5 to O.
PUBLICATION DATE: DECEMBER 23, 1992
EFFECTIVE DATE: JANUARY 2, 1993
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS.
4
ZONING CHANGE REOUESTED
~-XHI[~ll "A"
SPECIFIC USE APPLICATI~
BOARD OF ADJUSTMENT & APPEAL
[] Change in Regulations in
Section
[] Change in Zone Class
From: O P
To : ~~
Variance Appeal
A peal from Interpretation
~pecific Use
PROPERTY IDENTIFICATION:
Street or Road Address:
Lot .~ , Block
, Addition
SUBMITTAL INFORMATION:
1. Must be professionally drawn
2. Minimum scale of 100' to inch
3. North arrow
4. Site map attached
5. Tract Dimension
6. Location, size, relationship
of all existing structures to
boundary lines
LEGAL DESCRIPTION:
Describe from
description:
Platted Land:
Deed Records, attach copy of Deed, and use metes and bounds
Unplatted Land: (Must have metes and bounds description)
PROPOSED USE OF LAND WITHIN REOUESTED DESIGNATION:
RECORD OWNER:
OWNER ' S NAILING ADDRESS & PHONE NO.: ~.O./Y(9 Y 3
AGENT'S NAME: ~,-,,~'~_
AGENT'8 NAILING ADDRESS:
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:
OWNER
/>
SIGNATURE:
OWNER
RECEIVED BY:
APPLICATION NO. L ~/~
EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
Before me, the undersigned authority, on this day personally
appeared GLORIA BOIKE, Business Ma'nager 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 newspaperr
on the following date(s), to wit:
, 19
, 19
, 19
BUSINESS MANAGER
19~_
(SEAL)
NOTICE OF A aOINT PUBLIC HEARING
OF THE ClTY COUNCIL
THE PL,JCNING AND ZONINe
COIIIIISiO OF THE Cfi'Y OF .
. F' ,TEXAS
d 6:'30'M.
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Perm'l inn an Office 8rid Profeeeion81
zone (OP) Io conelruct E sin le fEmily
dwelling on the following ~cribed'
STATE OF TEXAS
LEGAL NOTICE
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