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Ord. 509-023 08-27-90ORDINANCE NO. 509-23 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 TO CONSTRUCT A TWO FAMILY DWELLING IN AN OP, OFFICE AND PROFESSIONAL, ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLI- CATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Mrs. Calvin C. Jones, Agent for Estate of Joyce A. McCormack, Alta Carbone, Executrix, Owner, filed on or about June 22, 1990, an application for Specific Use Permit pursuant to Section 23 of Ordinance No. 509, the Land Use and Urban Develop- ment Ordinance of the City, for approval of a Specific Use Permit to construct a two 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 Specific Use Permit attached hereto and made a part hereof for all purposes as "Exhibit A;" and, WHEREAS, on the 16th day of July, 1990, 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 17th day of July, 1990, the Planning and Zoning Commission of the City submitted their report and recommendation to the City Council regarding the proposed appli- cation of Mrs. Calvin C. Jones, agent for Estate of Joyce A. McCormack, Alta Carbone, Executrix, Owner, whereby they recom- mended the issuance of a Specific Use Permit to construct a two 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 July 23, 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 Mrs. Calvin C. Jones, Agent for Estate of Joyce A. McCormack, Alta Carbone, Executrix, Owner, for a Specific Use Permit to construct a two 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, it is therefore ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: There is hereby issued a Specific Use Permit to construct a two 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 Professional Zoning District: Lots 29, 30, 31, and 32, Block 8, Pearland Townsite. (2234, 2236, 2238, and 2240 N. Galveston.) 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. III. 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 2 on second and final reading. This Ordinance shall then become effective ten days from and after its publication, or the publi- cation of its caption and penalty, in the official City news- paper. PASSED and APPROVED ON FIRST READING this /~ day of ~f , A. D., 1990. ATTEST: City~S~reta~'~y~°~C~ PASSED and APPROVED ON SECOND AND FINAL READING this day of //~~ , A. D., 1990. ATTEST: City Se~etary~ City Attorney VOTING RECORD (FIRST READING) AUGUST 13, 1990 VOTING "AYE" - COUNCILMEMBERS WOLFF, WEBER, SMITH, TETENS, AND MILLER. VOTING "NO" - NONE MOTION PASSED 5 TO O. VOTING RECORD (SECOND READING) AUGUST 27, 1990 VOTING "AYE" - COUNCILMEMBERS MILLER, TETENS, SMITH AND WEBER. VOTING "NO" - NONE. COUNCILMEMBER WOLFF ABSENT. MOTION PASSED 4 TO O. PUBLICATION DATE: AUGUST 31, 1990 EFFECTIVE DATE: SEPTEMBER 10, 1990 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 3 EXHIBIT "A" CITY OF PEARLArID LAND USE CHANGE APPLICATION ZONING CHANGE REQUESTED ( ) Change in Regulations in Section ( ) Change in Zone Class From: To: PROPERTY IDENTIFICATION: Street or Road Address: ~1/( iz/r~7 ?z~ ~.../ 2, q , ,~ O., ,~' I. ~ 2-- LoG- , Block ~ , Addition SUBMITTAL INFORMAT ION: 1. Must be professionally drawn 2. Minimum scale of 100' to inch 3. North Arrow 4. Site map attached ( ) Variance Appeal ( ) Appeal from Interpretation (~ Specific Use Permit For: C~u~r~ucTi~ ~F A Tract Dimension Location, size, relationship of all existing structures to boundary lines LEGAL DESCRIPTION: Describe from Deed Records, attach copy of Deed, and use metes and bounds description: Unplatted Land: (Must have metes & bounds description) PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: 2: :, .z~ l F v" RECORD OWNER: OWNER'S MAILING ADDRESS & PHONE NO. :/f2~ rc, z r A, ,q. ' 7/ AGENT ' S NAME: ~{Z V//~/ ~ ~ A/~q AGENT'S MAILING ADDRESS:;Z~2/\r. ~),4~/4" /~//yX72z~/v:' L'- PETITION: As ~/AGENT , I hereby petition the City for approval of the a~ve described request as provided by the laws of the State of Texas and Ordinances of the City of Pearland. SIGNATURE '~, ' ~' FEE: $ ~SO~ DATE PAID: 6-21~ ~ DATE FILED: (" ~ ~- ?~ Owner APPLICATION NO. d.F EXHIBIT "B" AFFIDAVIT OF PUBLICATION Before me, the undersigned authority, on this day personally' appeared PAT ADAMS, designated legal clerk 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 )l~o_J~/y/ . dZ/C'] fOllO' -date(s), to wit: j Ch~7 , 19 , 19 , 19 , 19 Subscribed and sworn to this (SEAL) day of __ NOTARY PUBLIC STATE OF TEXAS LEGAL/PUBLIC I NONCE n n~ on o( the (. y of request of Mre. Celvln C. Jones, A ent for Estete o! Joyce A. C)wne, ~ a ~ U~ Pe~ eo L B~8 Pe ' beer. ~ ~en~ ~ncernlnf Use Pe R m~ eleo will hear ell =. d ©©r?II©in4 Z �E X P5 P. O. Box 2068 • Peorlond, Texas 77588-2068 . 485-2411 August 28, 1990 THE JOURNAL Pearland, Texas Re: Ordinance No. 509-23 Please publish the above legal on the following date: August 31, 1990 Thank you. Kay Krou e City Secretary KK:pv Attachment if + - F ORDINANCE NO. 509-23 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 TO CONSTRUCT A TWO FAMILY DWELLING IN AN OP, OFFICE AND PROFESSIONAL, ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLI- CATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. 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. PASSED and APPROVED ON FIRST READING this ) 3 day of 14.114-21- , A. D. , 1990. Ma o (, ATTEST: City S retary PASSED and APPROVED ON SECOND AND FINAL READING this J., day of �LG-c , A. D. , 1990. Ma or ATTEST: VOTING RECORD (FIRST READING) AUGUST 13, 1990 VOTING "AYE" - COUNCILMEMBERS WOLFF, WEBER, SMITH, TETENS, AND MILLER. VOTING "NO" NONE City Se etary MOTION PASSED 5 TO 0. InTT.In nrrnnn /c-rrnmn nrnnTIJ(' I I f'lICT 07 anon