Ord. 2000CUP-07 2008-03-10 FAILEDFAILED
3110/08
ORDINANCE NO. 2000CUP-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
REAL PROPERTY, LOCATION BEING 0.860 ACRES OF LAND, BEING
LOT 9, BLOCK 10, OF WEST LEA, SECTION 2, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 11, PAGE 69, OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 3814 BLUE
BIRD WAY), (CONDITIONAL USE PERMIT APPLICATION NO.
CUP2008-05), TO ALLOW FOR "AGRICULTURAL ANIMAL
HUSBANDRY" IN THE SUBURBAN RESIDENTIAL - 15 DISTRICT (SR-
15); AT THE REQUEST OF TROY AND PEGGY STALCUP, OWNERS;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED
TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY,
AND WELFARE OF THE CITIZENRY.
WHEREAS, Troy and Peggy Stalcup, owners, filed an application for a
Conditional Use Permit for certain property, said property being legally described in the
original applications for amendment attached hereto and made a part hereof for all
purposes as Exhibit "A", and more graphically depicted in the location map attached
hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 18t" day of February, 2008, 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 "C", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 28t" day of February, 2008, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
ORDINANCE NO. 2000CUP-7
regarding the proposed Conditional Use Permit application by Troy and Peggy Stalcup,
owners, whereby the Commission recommended denial of the Conditional Use Permit,
said recommendation attached hereto and made a part hereof for all purposes as
Exhibit "D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on March 10, 2008; 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 Troy and Peggy Stalcup, owners, 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:
Section I. The following described property located within the corporate limits of
the City of Pearland, Texas, and presently classified as Suburban Residential - 15
District (SR-15), is hereby granted a Conditional Use Permit to allow for "agricultural
animal husbandry"; such property being more particularly described as:
0.860 acres of land, being Lot 9, Block 10, of West Lea, Section 2, according to
the map or plat thereof recorded in Volume 11, Page 69, of the Plat Records of
Brazoria County, Texas, City of Pearland, Brazoria County, Texas (Located at
3814 Blue Bird Way)
Section 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. The City Council further finds and determines that there
has been compliance with the mandates of law in the posting and presentation of this
Page 2 of 4
Ord No 2000CUP-7
ORDINANCE N0.2000CUP-7
matter to the Planning and Zoning Commission and to the City Council for consideration
and decision.
Section III. The City Council of the City of Pearland finds and determines that
the approval herein granted promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
Section 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.
Section 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.
Section VI. This Ordinance shall become effective after its passage and
approval on first and only reading.
Section VII. Declaration of Emergency. The Council finds and determines that
the need to regulate land use inures to the benefit of the public and, therefore, bears
directly upon the health, safety, and welfare of the citizenry; and that this Ordinance
shall be adopted as an emergency measure, and that the rule requiring this Ordinance
to be read on two (2) separate occasions be hereby waived.
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the day of , 2008.
TOM REID
MAYOR
Page 3 of 4
Ord No 2000CUP-7
ORDINANCE N0.2000CUP-7
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-7
Exhibit "A"
Application
Ordinance No. 2000CUP-7
..~.-
APPL~CQTION FOR Q
CO[~DtTfOI~~4L USE PERM[T
(CUP)
Page 7 of Application
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1 T68
281-652-1702 fax
www.cityofpearland. com
Conditional Use Permit Request for:_ To Rf'E,c ~ L~'t1 ,{- ~f = J~] J~ yu;~Ct ~ S
{~~ \ m~~~ L'~ % n,, (Ilst proposed use)
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CurrentZoning District:
Property Information:
Address or General Location: ~~~'-t ~~~
~~
Tax Account No.:
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Lot: "I
Block: V ~~~,
PROPERTY OWNER INFORMATION*: If there are multiple property owners, please list on a separate
sheet of paper and attach to this application.
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ADDR SS ~sr~
CITY
PHONE( ~~( )_
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E-MAIL ADDRESS
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current property
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t_ Y' submittal of the
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~'eq`~ ~ ° s~~c.~ ~' (•t•~ (~" W(~ ~Ca eG~Ll.has the property
under contract.
APPLICANT ~IFORMATI
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LOCATION MAP 0 200 400 Feet
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Conditional Use Permit w~.E
IVO. CUP2~~8-~5 Map Prepared on January 28, 2008
Exhibit "G"
_ Publications
Ordinance No. 2000CUP-7
AFFIDAVIT OF PUBL~LA~ iuN
The Pearland Reporter News ~ .-
2404 South Park
Pearland, Texas 77581
State of Texas , .
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER. NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. ~ Date
~0
20
No. ~ Date
No. Date
• No. Date
No. Date
20
20
20
20
I
CFO
Subscribe and sworn. to before me this ~~ day of
20~
o
~F`-~ LAURA ANN i=ti
• ~ ~ Notary Pubic, State
''+r,a,.~+' My Commission Expires
11 ra Ann Emmons, Publisher
Notary Public, State of Texas
L,~~.-~'ac~c~s= ,~_
Published Jan. 30 and
Feb. 6, 2008
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
PEARLAND, TEXAS
CONDITIONAL USE
PERMR N0: CUP2008-05
Notice is hereby given that
on February 18, 2008, at
6:30p.m., the City Councl
and Planning and Zoning
Commission of ~e City of
Pearland, fn Brazoria,
Harris and Fort Bend
Counties, Texas, will con-
duct ajoint public hearing
in the Council Chambers
of, City Hall, located at
3519 Liberty Drive,
Pearland, Texas, on the
request of Troy and Peggy
Stalcup, owners, for
approval of a Conditional
Use Permit for "agricultural
animal husbandry" in the
Suburban Residential -15
District (SR-15), on the fol-
lowing described properly,
to wit
0.860 acres of land, being
Lot 9, Block 10, of West
Lea, Section 2, according
to the map or plat thereof
recorded in Volume 11,
Page 69„ of .the Plat
Records of Brazoria
County, Texas, City of
Pearland, Brazoria
County, Texas (Located ~t
,' 3814 Blue Bird Way)
At said hearing all interest-
ed parties shall have the
right- and opportunity to
appear and be heard on
the subject.
/sl Theresa Grehmann
Senior Plmner
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News ~ :_- .
2404 South Park
Pearland., Texas 775.81
State of Texas . .
Brazoria and Harris Counties
I, .Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for ~ issues, as follows:
No. ~ Date 20
No. ~ Date 20
No. Date 20
No. Date 20
No. Date 20
~~` LAURA ANN EMMONS
'~ ~ : Notary Public, State of Texas
''EO~•~*' My Commission Expires 09-Og-2010
~~- -
Subscribe and sworn to before me this
20~~_
~1
CFO
-day of
Laura Ann Emmons, Publisher
Notary Public, State of-Texas
Published Jan. 30 and
Feb. 6, 2008
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY. OF
PEARLAND, TEXAS
CONDITIONAL USE
PERMIT N0. CUP2008-OS
i
Notice is hereby given that
on Febntary 18, 2008, at
6:30 p,m., the City Counal
and Planning and Zoning
Commission of the City of
Pearland, in Brazoria,
Hams and Fort Bend
Counties, Texas, will con-
dud ajoint public hearing
in the Counal .Chambers
of City Hall, located. at
3519 Liberty Orive,
Pearland, Texas, on the
request of Troy and Peggy
Stalcup, owners, for
approval of a Conditional
Use Permit for "agria~ltural
animal husbandry" in the
Suburban Residential -15
District (SR-15), on the foi-
lowing described property,
to wit:
0.860. acres of land, being
Lot 9, Block 10, of West
Lea, Section 2, according
to the map,or plat thereof
recorded- in Volume 11,
Page .69, of the Plat
Records of ~ Brazoria
County, Texas, City of
'Pearland, Brazoria. •
County, Texas (Located at
3814 Blue Bird Way)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on
the subject.
(sl Theresa Grahmann
Senior Planner _
Exhibit "D"
P 8~ Z Recommendation Letter
Ordinance No. 2000CUP-7
1 ~ ~ ~
a~ one om~sslo~
Recommendation Letter
February 28, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit No. CUP2008-05
Honorable Mayor and City Council Members:
At their regular meeting of February 18, 2008, the Planning and Zoning Commission considered
the following:
A request by Troy and Peggy Stalcup, owners, for approval of a Conditional Use Permit
for "agricultural animal husbandry" in the Suburban Residential - 15 District (SR-15), on
the following described property, to wit:
Legal Description: 0.860 acres of land, being Lot 9, Block 10, of West Lea, Section 2,
according to the map or plat thereof recorded in Volume 11, Page
69, of the Plat Records of Brazoria County, Texas, City of
Pearland, Brazoria County, Texas
General Location: Located at 3814 Blue Bird Way
Commission Member Capehart made a motion to recommend approval of the conditional use
permit request, which was seconded by Commission Member Koza. The motion to approve
failed 3 - 4. Therefore, the conditional use permit was recommended for denial by the
Planning and Zoning Commission. Commission Members Koza, Diggs, and Capehart voted for
the motion to approve, and Commission Members Fuertes, West, Gooden, and Sherrouse
voted against the motion to approve. The Commission stated the following as their reasons for
denial:
1. The subject property does not meet the acreage requirement for cows as stated in the
Code of Ordinances.
2. The number of animals that the applicant has on the subject property.
3. Staff s reasons listed in the Joint Public Hearing staff report.
Sincerely,
Planning and Zoning Commission
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