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Ord. 509-025 12-17-90ORDINANCE NO. 509-25 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR UNSCHEDULED AND NEW COMMERCIAL USE (OPERATION OF AN OILFIELD SERVICE COMPANY); PROVID- ING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, George Lee Rush, Jr., Agent for Patricia Rowe, Owner, filed on or about October 29, 1990, 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 for Unscheduled and New Commer- cial Use (Operation of an Oilfield Service Company) upon a certain tract and parcel of land within the territorial limits of said City, such land being fully described in the original appli- cation for Specific Use permit attached hereto and made a part hereof for all purposes as "Exhibit A;" and, WHEREAS, on the 19th day of November, 1990, 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 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 20th day of November, 1990, the Planning and Zoning Commission of the City submitted their report and recom- mendation to the City Council regarding the proposed application of George Lee Rush, Jr., Agent for Patricia Rowe, Owner, whereby they recommended the issuance of a Specific Use Permit for Un- scheduled and New Commercial Use (Operation of an Oilfield Service Company), with certain conditions appurtenant thereto, on the aforementioned land; and 1 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 November 26, 1990; 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 George Lee Rush, Jr., Agent for Patricia Rowe, Owner, for a Specific Use Permit for Unscheduled and New Commercial Use (Operation of an Oilfield Service Company), facts 'were presented which in the judgment of the City Council would justify the approval, with certain conditions, 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 for Unscheduled and New Commercial Use (Operation of an Oilfield Service Company), subject to the terms and conditions herein set forth, upon the following described property located within the corporate limits of the City of Pearland, Texas, and presently classified within the Commercial Zoning District: A 4.8094 acre tract of land out of Tract 73 of the Zychlin- ski Subdivision of the R. B. Lyle Survey, Abstract 542 of the Deed Records of Brazoria County, Texas, and being more particularly described as follows: BEGINNING at a 1 inch iron rod found for the Southwest corner of this tract marking the Southwest corner of said Tract #1 and the Northwest corner of South Park Cemetery Tract located at the intersection of the occupied North Line of Tract 69 of said Zychlinski's Subdivision, a plat thereof recorded in Volume 29, Page 43 of the Brazoria County Map or Plat Records, and the Easterly right of way line of Main Street (Texas State Highway #35) (100 feet wide); THENCE N 0 deg. 06'15" E along the Easterly right of way line of Main Street, a distance of 231.44 feet to a 1/2 inch iron rod set for the Northwest corner of this tract from which a 5/8 inch iron rod marking the intersection of the easterly right of way line of Main Street and the present southerly right of way line of Knapp Road (80 feet wide) bears N 0 deg. 06'15" E, pass- ing a 5/8 inch iron rod marking the present Northwest corner of said Tract 73 at 400.00 feet, passing a 5/8 inch iron road mark- ing the most southerly Northwest corner of said Tract #1 at 676.54 feet, in all a total distance of 976.54 feet; THENCE East, parallel to the south line of this tract, passing a 1/2 inch iron rod on line at 808.23 feet, passing a 1/2 inch iron rod on line at 956.26 feet, in all a total distance of 996.26 feet to a point for corner of this tract in the bottom of a drainage ditch, from which the Northeast corner of said Tract 73 bears N 38 deg. 16'00" E a distance of 509.46 feet to a point and continuing East a distance of 16.56 feet; THENCE S 38 deg. 16'00" W along the bottom of and the ap- proximate centerline of County drainage ditch, a distance of 294.78 feet to a point for corner, from which a 1 inch iron rod marking the Southeast corner of said Tract 73 bears East a dis- tance of 514.37 feet; THENCE West along the south line of said Tract 73 and the North line of the South Park Cemetery passing a 5/8 inch iron rod set on line at 53.12 feet, in all a total distance of 814.12 feet to the PLACE OF BEGINNING and containing 4.8094 acres of land, more or less. II. The issuance of said Specific Use Permit is made subject to the following terms and conditions, to-wit: Some type of additional landscape screening will be installed by the oilfield company along the property line that separates the oilfield company from the abutting cemetery property. III. 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 Dollars ($1,000.00), and each day such violation or failure to be in compliance shall exist shall be deemed to constitute a sepa- rate offense. IV. 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 second and 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. 3 PASSED and APPROVED on first reading this ~hI~ , ~- ~-, ~ ~ · day of Mayor ATTEST: City S'ec~tary PASSED and APPROVED on second and final reading this day of ~ , A. D., 19 ~ · /l Mayor ATTEST: TO FORM: Cit~y Attorney LESTER RORI CK VOTING RECORD (FIRST READING) DECEMBER 3, 1990 Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to O. VOTING RECORD (S~COND READING) DECEMBER 17, 1990 Voting "Aye" - Councilmembers Miller, Smith, Weber and Wolff Voting "No" - None Motion passed 4 to 0 Councilmember Tetens absent. PUBLICATION DATE: DECEMBER 21, 1990 EFFECTIVE DATE: DECEMBER 31, 1990 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 4 WED ZONING. CHAN.GE REQUESTED- I 5 : 4 1 C I T"m" HALL .. pEFtKL_m-mm'm-m-' -' CITY OF PEARLAIID EXHIBIT "A" LANO USE CHANGE APPLICATION ., BOARD OF AOjUSTMENT& APPEN- ( ) Change in Regulations in Section ( ) Chm~ge 'in"Zone CliPs From:... To: PROPERTY.· IDENT IFICAT ION: Street or Road Address: ,_, Addition. Lot ..... , Block SUBMITTAL INFORHATION,: 1. Must be professionally drawn /'. 2. Minimum scale of 100' to inch ~ __ 3. North Arrow 4, Site map attached ( ) Varl ance Appeal ( ) Appeal from Interpretation (~/' Specl ai F. xcel>tton Use For: ~>E'P~T;O(vx DF RM .pie ST. ,. .. / Tract Dimenston.~_.~ ~ f Location, size, re'lit'l~'~'~ip of all existing structures to boundary lines /Y'A LEGAL DESCRIPTION: Describe from Deed Records, attach copy of Deed, and use metes and description: <j~ ~?////~ 7 ~'/~" Platted Land:, , Unplatted Land: (Must have metes & bounds description)_. bo u nd s ~ROPOSED USE OF LAND WITHIN REQUESTF.D. DESIGNATION: Or~...t'/(-c~ ' , '-' AGENT'S NAME: ~~ E~E. ~~ V~. NO,_ --- AGENTiS HAZLZNG ADDRESS.:./~z~ C~fl b~. ~(dI ~ . 7~5(~ .. PETiTZON: As OHHER/AGENT , Z hereby pet~ the C~ty for approval of the a~ve ~b ..... est a~ rov(d laws of the State of T nd DATE FILED: ~ o -~-~ o ....... APPLICATION NO._ EXHIBIT "B" AFFIDAVIT OF PUBLICATION Before me, the undersigned authority, on this day personall'y' appeared PAT ADAMS, ~esigna~ed legal clerk for THE JOURNAL, a newspaper having general circulation in Brazoria County, Texas, who being by me duly sworn, deposes and says ~ha~ the foregoing attached notice was published in said newspaper on the ' . , to wit: , 19 , 19 , 19 STATE OF TEXAS _..The Jouma!, November 2, 1990' Page. lIFT |DONE I Fuml,shed d:IAGE )USE ', AFTER 6 ~L IIC .UPS g Farm, r Clrculb el 331-5349 :KEEPING ICES !,! Services Business or ~73 .IC ~UBUC COUNCIL ENANCE LEGAL NOTICE- ~G THE PLANNING AND ZONING COMMISSION OF THE CITY OF -- PEARLAND, TEXAS Notice is hereby '~ n thai on the ll)th~ day of Nove , 19gO, *at 7~0 P.M., me City Coun and the Ptan'_nL2~' and Zoning Co ssion of the Ci of Pearland, Br oda and I-larris Cou~e~, Texas, w conduct a Joint Public Hea ' ' Counoil Roere, _Cty ,., 351 ~r~ Pearland, Tex - pe~2;e Per f uled7 A 4,8094 act out oe Tract 73oftheZ ' ionolthe. At such time and place as above state~ the City Council and the Planning and Zoning Commission will hear all, evidence concerning advisabRity of.: g~anli said S ecific Use Permit and.. so ~vir~ hear ~u~evidence in protest to the granting of said Specific Use~ Permit. Very Truly Yours. , Kay Krouse City Secretary PE �� . AR� Cfluj ©1 ® © ® ©im N) 05 P. O. Box 2068 • Pearland, Texas 77588-2068 • 485-2411 December 18, 1990 THE JOURNAL Pearland, Texas Re: Ordinance No. 509-25 Please publish the above legal on the following date: December 21, 1990 Thank you. /I( il Kay krous City Secretary KK:pj Attachment ORDINANCE NO. 509-25 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509 , KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR UNSCHEDULED AND NEW COMMERCIAL USE (OPERATION OF AN OILFIELD SERVICE COMPANY) ; PROVID- ING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. 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 Dollars ($1,000.00) , and each day such violation or failure to be in compliance shall exist shall be deemed to constitute a sepa- rate offense. PASSED and APPROVED on first reading this day of 42-ete--rr dit— , A. D. , 19 9v . Mayor ATTEST: 7C4-C� City Sec tary PASSED and APPROVED on"=seoo`nd and final reading this /7 day of , A. D. , 19 g U . Mayor ATTEST: 4 76_,i-2,4....-- City Se retary APPRO AS TO FORM: City Attorney LESTER RORICK VOTING RECORD (FIRST READING) DECEMBER 3, 1990 Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. VOTING RECORD (SECOND READING) DECEMBER 17, 1990 Voting "Aye" - Councilmembers Miller, Smith, Weber and Wolff Voting "No" - None Motion passed 4 to 0 Councilmember Tetens absent. PUBLICATION DATE: DECEMBER 21, 1990 EFFECTIVE DATE: DECEMBER 31, 1990 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS.