Ord. 509-491 11-27-00 ORDINANCE NO. 509-491
AN ORDINANCE OF THE CITY COUNCIL 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 CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR A
TELECOMMUNICATIONS TOWER ON THE FOLLOWING PROPERTY, BEING
THE SOUTH 1/2 OF LOT 29, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 9, H. T. & B. R.R. CO. SURVEY, A-234, BRAZORIA
COUNTY, TEXAS (SPECIFIC USE NO. 90) (2521 MAX ROAD)FROM
CLASSIFICATION GENERAL BUSINESS-SPECIFIC USE (GB-S) FOR A HOME
TO GENERAL BUSINESS DISTRICT-SPECIFIC USE-SPECIFIC USE (GB-S-S)
FOR A SPECIFIC USE PERMIT FOR A TELECOMMUNICATIONS TOWER AT
THE REQUEST OF MARK SUBER, AGENT FOR LOYE & MARY YOUNG,
OWNERS, PROVIDING FORAN AMENDMENTOFTHE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Mark Suber agent for Loye & Mary Young, Owners, filed on June 29, 2000,
an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and
Urban Development Ordinance of the City, for approval of a change in the land use as
provided i~or in said Section 28, said property being legally described in the odgina! applications
for amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and;
WHEREAS, on the 28th Of AUguSt, 2000, 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 publication in the official newspaper of the City, the affidavit of publication being
attached thereto 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 20th day of September, 2000, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Mark Suber agent for Loye & Mary Young, Owners, whereby the
Commission recommended and approved a change of classification forthe property described
in Exhibit "A" from its existing classification of General Business-Specific Use (GB-S) for a home
ORDINANCE NO. 509-491
to General Business District-Specific Use-Specific Use (GB-S-S) for a Specific Use Permit for
a telecommunications tower; and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on October 9, 2000, 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, Mark Suber agent for Loye & Mary Young, Owners, 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:
I.
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as General Business-Specific Use (GB-S) for a home
to General Business District-Specific Use-Specific Use (GB-S-S) for a Specific Use Permit for
a telecommunications tower; such property being more particularly described as:
The South 1/2 of Lot 29, Allison Richey Gulf Coast Home Co. Subdivision, Section 9, H.
T. & B. R.R. Co. Survey, A-234, Brazoria County, Texas (2521 Max Road)
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 and that no valid protest of the proposed change has been made. 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.
2
ORDINANCE NO. 509-491
III.
The City Council of the City of Pearland finds and determines that the amendment
adopted herein promotes the health, safety, and general welfare of the public and is a proper
valid exercise of the City's police powers.
IV.
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.
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 Secretan/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 reclassification of the herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-491
PASSED, APPROVED, and ADOPTED on First Reading this ~-3 day of
November ,2000.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27 .day
of November ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
Change in Zoning Classification ~'om: (~ 6
Change in Regulations in Section #:
V//~peci~c Use for: *
Property address: '~),,,5'Z-L,k ?~;~X
Lot: ~L~ ck:
Metes & Bonds Description:
(~platted prope~ only; attach s~ey)
Subdivision:
Tax I.D. number: "~/65 ~ 3 ' 0 i~3 t-e- OO 7[ ' ]/O
Current use of land: Q U4~i]~.~,
Proposed use of land within requested designation:
Reeordowner'sn e: Ot,uqx
Owner's mailing address:
Owner's telephone nmber: (~
Agent's name: ~ ~-
Agent's mailing address:
Agent's telephone number:
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. *On a Specific Use Permit
request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be
incompatible with current rare uses .on properties in my vicinity.
Owner's signat Agent's signatur'
Fees paid: $ Date paid'
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AI-I-IUAVI I OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
,~ of Texas
oria and Harris Counties
ndy Emmons, hereby certify that the notice hereby appended was published
azori'a and Harris Counties in THE REPORTER NEWS, a newspaper of general
lation in Brazoria and Harris Counties, for / issues, as follows:
No. /
No~
No.
No.
Date
Date
'Date
Date
No,
Date
:ribe and sworn to before me this
FIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
ate of Texas
'azoria and Harris Counties
F:{andy Emmons, hereby certify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a .newspaper of general
'culation in Brazoria and Harris Counties, for / issues, as follows:
No.
No.
No.
No.
No.
Date
Date
Date
Date
Date
President
bscribe and sworn to before me this
day of J~x/t,~
~her
Notary Public,
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
, of Texas
~ria and Harris Counties
~dy Emmons, hereby certify that the notice hereby appended was published
~zoria and Harris Counties in THE REPORTER NEWS, a ·newspaper of general
ation in Brazoria 'and Harris Counties, for / issues, as follows:
No.
No.
Date
Date
Date
Date:
Date
'ibe and sworn to before me this
20 '
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
'2404 South Park
Pe~rlapd, Texas 7758'1
Texas
~ and Harris Counties
f Emmons,. hereby certify that the notice hereby appended was published
~ria and Harris Counties in THE REPORTER NEWS, a .newspaper'of general
on in Brazoria and Harris Counties, for/ issues, as follows: ·
Date
Date
Date
Date
Date
e and sworn to before me this
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N~ary ~c, 8rate o exaS ·
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Laura Ann Emmons, Publisher
Notary Public, State of Texas
...... :_ ....-.-..:-..:
September 20, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re;
RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 90
Request of Mark Suber, agent, for Loye & Mary Young, owners for an amendment to the
Land Use and Urban Development Ordinance of said City from General Business-Specific
Use (GB-S) for a home to General Business-Specific Use-Specific Use (GB-S-S) for a
telecommunications tower on the following described property, to wit:
The South ~ of Lot 29, Allison Richey Gulf Coast Home Co. Subdivision, Section 9, H. T. &
B. R.R. Co. survey, A-234, Brazoria Co., TX (2521 Max Road)
Honorable Mayor and Council Members:
At a regular meeting held on September 18, 2000, after a Joint Pubfie Hearing, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Todd Iocco and seconded by Commissioner Richard
Tetens to recommend approval of Specific Use Application No. 90.
Motion to approve passed 7 to 0.
This is submitted for your eonsideratiork
Sincerely,
Planning & Zoning Commission
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
Notice is hereby given that on the 281h day of August, 2000, at 6:30 p.m., the City Council and
the Planning and Zoning Commission of the City of Pearland, Brazoria, Harris and Fort Bend
Counties, Texas, will conduct a Joint Public Heating in the Council Chambers, City Hall, 3519
Liberty Drive, Pearland, Texas, on the request of Mark Suber, agent for Loye & Mary Young,
owner, for a Spedfie Use Pennit for a teleeommunications tower on the following described
property, to wit:
The South 1/2 of Lot 29, Allison Riohey Gulf Coast Home Co. Subdivision, Section 9, H.
T. & B. R.R. Co. survey, A-234, Brazofia Co., TX (2521 Max Road)
An application and maps are enclosed for your information.
At said hearing all interested pro(ms shall have the right and opportunity to appear and be heard
on the subject.
~?~Sec;;tar~g
SPECIFIC USE PERMIT APPLICATION NO. 90