Ord. 2000CUP-09 2008-03-10ORDINANCE NO. 2000CUP-9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
REAL PROPERTY, LOCATION BEING 3.266 ACRES, BEING LOT 186,
1861, 18C1, 19E, 19E1, AND 19F1, WILLETTS SUBDIVISION,
ABSTRACT 70, W. D. C. HALL SURVEY, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (LOCATED AT 1807 TAYLOR LANE),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-07), TO
ALLOW FOR "AGRICULTURAL ANIMAL HUSBANDRY" IN THE SINGLE
FAMILY RESIDENTIAL - 1 DISTRICT (R-1 ); AT THE REQUEST OF
PATRICIA E. MERCER, OWNER; 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, Patricia E. Mercer, owner, 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 18th 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 28th day of February, 2008, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed Conditional Use Permit application by Patricia E. Mercer,
ORDINANCE NO. 2000CUP-9
owner, whereby the Commission recommended approval 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 Patricia E. Mercer, owner, 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 Single Family Residential - 1
District (R-1 ), is hereby granted a Conditional Use Permit to allow for "agricultural
animal husbandry"; such property being more particularly described as:
3.266 acres, being Lot 18B, 18B1, 18C1, 19E, 19E1, and 19F1, Willetts
Subdivision, Abstract 70, W. D. C. Hall Survey, City of Pearland, Brazoria
County, Texas (Located at 1807 Taylor Lane)
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
matter to the Planning and Zoning Commission and to the City Council for consideration
Page 2 of 4
Ord No 2000CUP-9
ORDINANCE N0.2000CUP-9
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 VI1. 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 10th day of March, 2008.
~~
TOM REID
MAYOR
Page 3 of 4
Ord No 2000CUP-9
ORDINANCE NO. 2000CUP-9
ATTEST: = °~ ~_,~
~:
SECRETARY
APPROVED AS TO FORM:
~~ ~_~
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-9
Exhibit "A"
Application
Ordinance No. 2000CUP-9
City of Pearland
~~ ''" cy.. APPLICATION FORA Community Development
~~'' 3523 Liberty Drive
'_~`~ ~ _~~.~ ~ CONDITICC3NAL USE PERMIT t'earand T X~as ~7~a
~~~~~~ ;~` ~C~P~ 281-652-1788
281-652-1702 fax
Page 1 0€ Application www.cityofpeariand.com
C"~placl~~ tan ~?~t'~1°~ n o 1d ~nors~L ~~~ r~
Conditional Use Permit Request for:W thy! 1''1, Q'~}Y G IV~Q o1~' Y1 4V15'~..,
Yv1~t -two t"~ e'~r'rS~ S .
Current Zoning District: t~- `
Property Information:
Address or General Location: ~ ~ ~~. '~.'~". ~ ~~ ~ `,.~+'~~
Tax Account No. ~RA'~JRta C,pf~ ~,RaP~~Y~ Ib:2t,44~451G ~OGIC tt~•g 4~• bo2`~--17.0
Subdivision: W1Zl..~ Ti5(AO~i~+O V11~G_I~pt.rt..~ P~2l.Arl
t_a~`~'~~+~~1-'!~'C'i~'~-I~~-I~~t-I~~!'` ~tj~`,~,(~~ A, 125
Block:
PROPERTY OWNER INFORMATION*: If there are multiple property owners, please list on a separate
sheet of paper and attach to this application.
NAME l~~T'~IC ~ ~ G. ~~~2C~ ~..
ADDRESS~~C~~ `C'.~l(~ot2 l..'A1~1
F
E-MAIL ADDRESS
APPLICANT INFORMATION:
ADDRESS I ~-(~~'
CITY t''C.~'-K,t,
FAX{_~~~~}~
E-MAIL ADDRESS
~~~~
ATE~E~''~S ZIP ~~~,
~ ~~~ `'
* Must be the
current property
owner at the
time afi the
submitkal of the
applica#ion, not
the party that
has the property
under contract.
CITY ~~L~ J STATE~~X~` Z1P ~"~"e.' -~
PHONEt 2.43 ~C~4~ • ~~b I otz~ d~~- ~~~2
O
a
" r
~ n i
:v
z~'
o ~ i
°o chi ~
o -t3
n
C
co
LOCATION MAP o s0o fi00 Feet
N ~ 1 1 1 ~ ~
Conditional Use Permit W~E
5
WO. Cl1P2QQ8-Q7 Map Prepared on January 28, 2008
Exhibit "C"
Publications
AFFIDAVIT O F P U B ~. ~ ~.,y,idi~ i v No. 2000CUP-9
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. j Date I ~ ~D 20 ~~%~
.. No. ~ Date 20
No. Date 20
No. Date 20
No. Date 20
CFO
Subscribe and sworn to before me this ~~ day of
20~_ /'~'~~ ,
~lrarw Lp,URA ANN EMMONS
. Notary Public, State of Texas
•">.,(o,`.+' My Commission Expires d9-09.201
Laura Ann Emmons, Publisher
Notary Public, State of Texas
C~-~P boo ~c-~
Published Jan. 30 and
Feb. 6, 2008
NOTfCE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
P'EARLAND, .TEXAS
CONDITIONAL USE
PERMIT NO. CUP2008-07
Notice is hereby given that
on February 18, 2008, at
6:30 p.m., the City Councl
and Planning and Zoning
f
Commission of the Clty of
Pearland, in Brazoria,
Hams and Fort Bend
' Counties, Texas, will con-
duc~ a joint public hearing
in the Council Chambers
of City Hall, located at
3519 Liberty Drive,
Peariand, Texas, on the
request of Patricia E.
Mercer, owner, for
approval of a Conditional
Use Permit for"agricultural
aramal husbandry in the
Single Fatuity Residential
- 1 District (R-1), on the
following-described prop-
erly, to wit:
3.268 acres, being Lot
18B, 1881, 18C1, 19E,
19E1, and 19F1, Willetts
Subdivision, Abstract 70,
W. D. C. Hall Survey, City
of Peariand, Brazoria
County, Texas (Located at
1807 Taylor Lane)
At said hearing ati interest-
ed parties shall have the
right and .opportunity to
appear and be heard. on
the subject.
/s/ Theresa Grehmann
Senior Planner
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.
• No.
No.
Date 20
Date 20
Date 20
CFO
Subscribe and sworn to before me this ~ day of
20~_
a~ LAURA ANN EMMONS
~ Notary Public, State of Texas
>. __..+' My Commissiop Expires 09-09-2010
Laura Ann Emmons, Publisher
Notary Public, State of Texas
C,~~P~c:~-t=~l
Published Jan. 30 and
Feb. 6, 2008
NOTICE OF A JOfNT
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
PEARLAND, TEXAS
CONDITIONAL USE
PERMIT N0. CUP2008-07
Notice is hereby given that
on February 18, 2008, at
6:30 p.m., the City Council
and Planning and Zoning
Commission. of the City of
Pearland, in 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 Patricia E.
Mercer, owner,' for
1~
approval of a Conditional
Use Perm for agricultural
animal. hu~bandry' in the
Single Family Residential
- 1 District (R-1), on the
following described prop-
erty, to wit:
3'.2611 acres, being Lot
188, 1881,- 18C1, 19E,
19E1, and 19F1, VVdletts
SUbdIVISIOn, Abstract 70,
W. D. C. Hall Survey, Cily
of Pearland, Brazoria
County; Texas (Located at
1807 Taylor Lane)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on
the subject.
/s/ Theresa Grahmarm
Senior Planner
Exhibit "D"
P & Z Recommendation Letter
Ordinance No. 2000CUP-9
Planaing & Zoning Commission
Recommendation Letter
February 28, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit No. CUP2008-07
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 Patricia E. Mercer, owner, for approval of a Conditional Use Permit
for "agricultural animal husbandry" in the Single Family Residential - 1 District
(R-1 ), on the following described property, to wit:
Legal Description: 3.266 acres, being Lot 186, 1861, 18C1, 19E, 19E1, and
19F1, Willetts Subdivision, Abstract 70, W. D. C. Hall
Survey, City of Pearland, Brazoria County, Texas
General Location: Located at 1807 Taylor Lane
Commission Member Gooden made a motion to recommend approval of the conditional
use permit request, which was seconded by Commission Member West. The motion to
approve passed 7 - 0. The conditional use permit was recommended for approval by
the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Page 1 of 1