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Ord. 509-017 08-28-89
ORDINANCE N0. 509-17 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 HAVE A PRIVATE SCHOOL FACILITY IN AN R-2, RESIDENTIAL, ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Beverly Jackson, Agent for First Interfirst Bank - Houston , Owner, filed on or about July 20, 1989, 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 have a private school facility 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 7th day of August, 1989, 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 August, 1989, the Planning and Zoning Commission of the City submitted their report and recommenda- tion to the City Council regarding the proposed application of Beverly Jackson, Agent for Interfirst Bank - Houston, Owner, whereby they recommended the issuance of a Specific Use Permit to have a private school facility, with certain conditions appurtenant thereto, on the aforementioned land; 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 August 14, 1989; 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 application of Beverly Jackson, Agent for First Interfirst Bank - Houston, Owner, for a Specific Use Permit to have a private school facility, facts were presented which in the judgment of the City Council would justify the approval, with certain conditions, of said application, it is there- fore 0RDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: There is hereby issued a Specific Use Permit to have a private school facility, 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 R-2 Residential Zoning District: 8.031 acres of land out of the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas. The issuance of said Specific Use Permit is made subject to the following terms and conditions, to-wit: 1. Conveyance of right-of-way easement needed for the Hike & Bike Trail on the west side of property; and 2. The driveway entrances of the property be marked as one- way in and one-way out. 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 conviction 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 separate offense. The City Secretary shall cause this Ordinance, or the caption and penalty hereof, to be published in the official newspaper 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. PASSED and APPROVED ON FIRST READING this , A. D., 1989. MayOr day of ATTEST: C i tyS~ee tary~~ day of PASSED and APPROVED ON SECOND AND FINAL READING this _% , A. D., ~989. Mayor // ATTEST: CityS~eret~ APPROVED AS TO FORM: VOTING RECORD (FIRST READING) AUGUST 28, 1989 Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens, and Miller. Voting "No" - None. VOTING RECORD (SECOND READING) SEPTEMBER 11, 1989 Voting "Aye" - Councilmembers Miller, Tetens, Wolff and Smith. Voting "No" - None. Absent: Councilmember Bost PUBLICATION DATE: SEPTEMBER 15, 1989 /EFFECTIVE DATE: SEPTEMBER 25, 1989 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER City Attorney OF THE CITY OF PEARLAND, TEXAS. 3 CITY OF PEARLAND LAND USE CHANGE APPLICATION ZONING CHANGE REQUESTED ( ) Change in Regulations in Section ( ) Change i n Zone Cl ass From: ~ ~ o SZ'~cF~c ~'~ T o: R Z - ,5'p~',~/r ~ ~ EXHIBIT "A" BOARD OF ADJUSTMENT & APPEAL ( ) Variance Appeal ( ) Appeal from Interpretation ( )Special Exception Use For: PROPERTY IDENTIFICATION: Street or Road Address: j~?~//,-/~2')/ ~)~, Lot , Block , Addition SUBMITTAL INFORMATION: 1. Must be professionally drawn /~-~' 2. Minimum scale of 100' to inch 3. North Arrow 4. Site map attached Tract Dimension ~ ~A~OZ~G~-Z~_~ 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: Platted Land: ~',~,.~1 / Unplatted Land: (Must have metes & bounds description) PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: RECORD OWNER: ~ r ..Z'/,,'z~ ~/n;7' },~v'~ - OWNER'S MAILING ADDRESS & PHONE NO.: AGENT'S NAME: NO. }7- AGENT'S MAILING 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 FEE: $ o),.,, S'O,,O~~ID: 7-6~L, 0/~ DATE FILED: Owner RECEIVED BY: APPLICATION NO. ~=,JP'/Z EXHIBIT "B" STATE OF TEXAS COUNTY OF HARRIS Before me, the undersigned authority, on this day personally appeared IRVIN J. JONES, the BUSINESS MANAGER of the JOURNAL, (Name) (Ti~e) (Name of Newspaper) a newspaper having general circulation on BRAZOR[A, 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 ~HE'L':,°LANNII~G".'A~% :ZONLG*COM- MISSION OF THE. CITY OF P~CADt~D NotiCe iS hereby given that y ._~nt Pub~ Hearin~ in th;; CounCil Room, anti'city Hall, 3519 Liberty Drive, Pearland, 8.031 acres of land out of the W,D.C. Hall Sunmy. .Abstrad No. 70, Brazoria 'County, Texas. f3.801 Liberty Drive) ' .. -/ At such time and place as above stated the City Council and the Planning and Zoning Commission will hear all evidence con- rning advisability of granting said .~ific Usa Permit and also will hear all *evidencg iwl~r0test 'of ~he 'grantin g: of said ~ Specific Use Permit. , , ~: ~,~ :.~.i.:.!.~,.L/' ~.,.: .. :~ ..: : ...~, ....; .- - . !~ . ~ '.." I /J~x. ,'- r ~County, Texas LEGALS" ....." :, '. ~';~!~. ,. 7 -PEARLAND, TEXAS, 'AMENDING OR- DI O. 9, KN THE LAND USE U A PMENT.OR- '~G P, V I TACIU1YINAt V PRO I OLATION; ~PROV .... INDiN pF,~:., NG,OTHEll J~ .~,shU~.upon~:cOnvictton!·- I'/W, ::bed authority, on this day personally appeared *. INESS MANAGER of the JOURNAL, (Tide) (Name of Newspaper) muirmerits or provisions dilmlce ~,lhall!~be ,deemed~ I- misdemeaQot~,~and by a' Court of competet:~jur~.,~be punished-by a :fine of not len ,.than~ One. Dollar, ~ ($1.00).::nor, ,;liere. Thousand Dollars, ($],Oco.co), .:and each de/such violation or failure to lain corn, pliance alall exist shall be deemed. Jo con-I PASSED ~ and"APPROVED ~ ~N*' fiRST READING this' 2Sth day:Of AdkUSk;" AjD.;: Pro and APPROVED ON SECOND AND fiNAL READING 'this llth !day. of Sep-' ~PROVED AS TO FORM:' : .- · VOTmG-: RECORD fIRST READING) raNG 'RECORD (SECOND RFJU~mG)SEP- mis,nl "Ale" - C0uncilmembers Miller, Wolff and Smith. - ~ Councilmembe B0st !~UBI-ICATION DATE: SEPTEMBER 15, IEFFECTIVE DATE: SEPTEMBER 25, 1989 PUBUSHED AS REQUIRED BY SECTION ~.I0 OF THE CHARTER. circulation on BR/x2ORIA, County, Texas, ','n, deposes and says that the foregoing attached newspaper on the following date(s), to o before me this the )~7< day of- _, 19~ , to certify which witness my hand County, Texas P. O. Box 2068 · Pearland, Texas 77588-2068 · 485-2411 September 12, 1989 A.G. Crouch 235 W. Scaly P.O. Box 759 Alvin, Tx. 77512-0759 RE: Carden - Jackson School 3801 Liberty Dr. Mr. Crouch: Pursuant to your request you are hereby g~Tanted a 120 day Temporary Certificate of Occupancy effective 9-12-89. Be advised that you must within the 'time stipulated comply with following items which are still pending from the original check list submitted to Mrs. Jackson on 8-28-89; Ducts penetrating fire rated walls, partitions, or ceilings must be equipped. with fire dampers. (S.M.C. Sect. tt510.3) (S.B.C. Sect. Exit access corridors must be protected with one hour or be certified as having a one hour rating. (S.B.C. Sect. ~702.3.~) All interior doors leadj. ng into or out of the exit access corridors must have a fire protection rating of 20 minutes or Type E. (S.B.C. Sect. ~703.~.2.1 & ?03.~.2.2) All doors leading into or out of 'the exit access corridors must have be equipped ~ith self closing devices (exception: doors from classrooms in Group E occupancies). (S.B.C. Sec. 111~.1.6) Mrs. Jackson was provided copies of the Buj. lding Code which will detail the applicable code requirements. Shc~uld you have any questions or if we can be of any further assistance please let me know· Sincerely, Ernie Buenrostro, Building Official xc: Beverly Jackson - Carden Jackson School ~t~on Wicker - City Manager Bill Thomasset - Director of Public Wo~:ks Robert Talton - City Attorney i-P- C7 ,0 ( Cflu) oi ©©r?II© d TEXAS P. O. Box 2068 • Pearland, Texas 77588-2068 • 485-2411 September 12, 1989 THE JOURNAL Pearland, Texas Re : Ordinance No. 509-17 Please publish the above legal on the following date : September 15, 1989 Thank you. Kay Krause City Secretary KK:pv Attachment ORDINANCE NO. 509-17 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 HAVE A PRIVATE SCHOOL FACILITY IN AN R-2, RESIDENTIAL, ZONING DISTRICT; PROVIDING 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 rails uu comply with the requirements or provisions of this Ordinance shall be deemed guilty of a misdemeanor, and shall , upon conviction 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 separate offense . PASSED and APPROVED ON FIRST READING this 0V, day of , A. D. , 1989. Mayor ATTEST: eteua.4., City Se etary PASSED and APPROVED ON SECOND AND FINAL READING this // day of & ,,,, , A. D. , 1989. C===AA-v? 1l Mayor VOTING RECORD (FIRST READING) AUGUST 28, 1989 ATTEST: Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens, and Miller. Voting "No" - None.