Ord. 509-045 01-10-94ORDINANCE NO. 509-45
AN ORDINANCE 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 GRANTING A SPECIFIC USE PERMIT TO ALLOW A DAYCARE IN
A MULTI -FAMILY DISTRICT (MF) ON SECTION 3, A-232 OF THE
ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS
SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA
COUNTY, TEXAS, AT THE REQUEST OF BRUCE AND ROBIN
CLEMMONS, OWNERS; PROVIDING FOR AN AMENDMENT TO THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Bruce and Robin Clemmons, Owners, filed on November
22, 1993, an application for a 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
allow a daycare 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 13th day of December, 1993, 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 hereto 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 14th day of December, 1993, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding the proposed
application of Bruce and Robin Clemmons, Owners, whereby the
Commission recommended and approved the issuance of a Specific Use
Permit to allow a daycare in a Multi -Family District (MF); 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 its regular meeting on December 20, 1993; and
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WHEREAS, the City Council having fully heard the testimony and
argument of all interested parties, having been fully advised in
the premises, finds that in the case of the application of Bruce
and Robin Clemmons, Owners, for a Specific Use Permit to allow a
daycare in a Multi -Family District (MF), 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:
I.
There is hereby issued a Specific Use Permit to allow a
daycare upon the following described property located within the
corporate limits of the City of Pearland, Texas, and presently
classified within a Multi -Family District (MF):
0.375 Acres out of Lot 5 of the Allison Richey Gulf Coast Home
Company's Suburban Gardens Subdivision, H.T. & B.R.R. Company
Survey, Section 3, A-232, Brazoria County, Texas
and being more particularly described as follows:
COMMENCING at a 3/4 inch iron rod found in the West right-of-way
line of Austin Street (60' r.o.w.) at the Southeast corner of Lot
Five (5) and the Northeast corner of Circle Park Addition, Section
One (1) as recorded in Volume 10, Page 45, Brazoria County Plat
Records;
THENCE: N 00°-14'-30" along the West right-of-way line of Austin
Street, a distance of 95.13 feet to a 1/2 inch iron rod for the
Southeast corner and PLACE OF BEGINNING of the herein described
tract:
THENCE: S 89°-48'-17" W, departing said West right-of-way line, a
distance of 175.75 feet to a 1/2 inch iron rod set for the
Southwest corner of this tract;
THENCE: N 00°-14'-30" W, a distance of 92.87 feet to a 1/2 inch
iron rod set for the Northwest corner of the herein described
tract;
THENCE: N 89°-48'-17" E, a distance of 175.75 feet to a 1/2 inch
iron rod set in the West right-of-way line of Austin Street for the
Northeast corner of this tract and being S 00°-14'-30" E, a
distance of 27.00 feet from a 3/8 inch iron rod found at the
Northeast corner of the aforementioned 1.357 acre tract;
THENCE: S 00°-14'-30" E, along the West right-of-way line of Austin
Street, a distance of 92.87 feet to the Place of Beginning and
being 0.375 acre.
II.
The City Council of the City of Pearland finds and determines
that the recitations in the preamble hereof are true and that all
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necessary prerequisites of law have been accomplished. 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.
III.
The City Council of the City of Pearland finds and determines
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.
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 Secretary 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 issuance of a
specific use permit.
PASSED, APPROVED, and ADOPTED on first reading this c,2, 0
day of C R,
ATTEST:
,
Jones ity Secretary
, A. D., 19 93 .
3
ORDINANCE NO. 509-45
PASSED, APPROVED, and ADOPTED on second and final reading this
/0 day of
ATTEST:
qmoirC/ ' OtPA
Pat Jones,
y Secretary
APPROVED AS TO FORM:
, A. D., 19
At JAI .4, i /
Dick H. Gregg, 'Jr. ; oe ipr""
4
EXHIBIT "A"
ZONING CHANGE APPLICAT; L
CHANGE REQUESTED•
❑ Change in Zoning Classification iSpecific Use
From: BUSINESS For: 0,1 YC f1 -,PE
To : EDUCATION
❑ Change in Regulations in
Section
PROPERTY IDENTIFICATION:
Street or Road .Address: 2308 N AUSTIN
0410 c o a S BAS✓ oAP3)Eas
Lot 5 , Block232 , Addition AW -Coit) /�1'C,//'y G'�(L F T '; D, #
LIEGAL DESCRIPTION
Unplatted Land: (Must have survey & metes and bounds description)
PROPOSED USE OF LAND WITHIN REOUESTED DESIGNATION:
DAY CARE FACILITY
RECORD OWNER: RRIIrF R RORIN nI FMMfNS
OWNER' S MAILING ADDRESS & PHONE NO.: 2308 ; N. AUSTIN
PEARLAND, TX. 77581 (713) 485-8586
AGENT'S NAME: NO.
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 '� Texas and Ordinances of the City of Pearland.
SIGNATURE:
SIGNATURE:
OSE AGENT
FEE: $-3 rat 00
ID // 2 2-53 RECEIVED BY:
fes! ° �9 'drop 1 C 4'
DATE FILED:D
•
REVISED FEBRUARY 17, 1993
EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
Before me, the undersigned
appeared GLORIA BOIKE, Bus
newspaper having general c
Texas, who being by me dul
foregoing attached notice
on the following date(s),
authority, on th
iness Manager for
irculation in Bra
y sworn, deposes
was published in
to wit:
is day personally
THE JOURNAL, a
zoria County,
and says that the
said newspaper
Subscribed
19
(SEAL)
and sworn
, 19
, 19
, 19
, 19
BUSINESS,\MANAGER
to t h i s7?A: day o f v\\\ �o.N` Nr1„
The Journal, Friday, November 26, 1993 Page
�,%Yauun,
o`,%),1 p► • Ci .
LEGAL/PUBLIC
NOTICE
NOTICE OF A JOINT: PUBLIC
HEARING OF THE CITY COUNCIL'
AND THE PLANNING AND ZONING
COMMISSION OF THE CITY OF
PEARLAND, TEXAS
,Notice Is herebygiven that • the13th
r 1993, at • p.m.,
City Council and the Plan
otiing Commission"
Peadand, :r=•da'
Texas,
Hearing in
7 , : Hall,3519 1..
' Of ` Texs, on the
Robin Clemmo
T -Z gy rifle use Pemvt
the following de
wit:
0.375 acres owlet Lot 6 of the Allison
Richey Gulf •M Home Company's
in, City
earland,
• -sto =race and
ere, for a Spe-
allow a daycare on
'bed property, to -
LEGAL NOTICE11111
Suburban Gardens Subdivision, H.T.
& B.R.R. County Survey, Section 3,
A-232, Brazpda County, Texas (2308.
N. Austin, Pearland, Texas) . ,: STATE OF TEXAS
Y PUBLIC
At said hearer all interested parties
shall have the tight and oppotitiunity to,
appear and be heard on the subject
Pat Jones
City Secretary.
SPECIFIC USE NO. 30