Ord. 509-100 11-11-96ORDINANCE NO. 509-100
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 ANIMAL HUSBANDRY IN
A SINGLE FAMILY DWELLING DISTRICT (R-l) ON LOT 16 BEING 6.0
ACRES OF LAND OF THE EAST ONE-HALF (E ½) OF THE NORTHWEST
ONE-QUARTER (NW ~) OF SECTION 15, H.T. & B. R.R. CO. SURVEY,
ABSTRACT 241, BRAZORIA COUNTY, TEXAS, AS SHOWN BY PLAT OF
PARTITION RECORDED IN VOL. 441, PG. 265, DEED RECORDS, BRAZORIA
COUNTY, TEXAS (6725 HATIELD RD.- SPECIRC USE NO.45) ON THE
REQUEST OF LARRY D. AND TERESA A. HOOD, OWNERS, PROVIDING
FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE;
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Larry D. and Teresa A. Hood, owners, filed on August 9, 1996, an
application for a Sl~ecific 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 animal husbandry 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 23rd day of September 1996, 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 5th day of November 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed application of Larry D. and Teresa A. Hood, owners, whereby the
Commission recommended and approved the issuance of a Specific Use Permit to allow
animal husbandry in a Single Family Dwelling District (R-l); and
WHEREAS, upon the 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
November 11, 1996; and
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 Larry D. and Teresa A. Hood, owners, facts were 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:
There is hereby issued a Specific Use Permit to allow for animal hudmndry upon
the following described property located within the corporate limits of .the City of
hadand, Texas, and presently classified as a Single Family Dwelling ~ (R-l):
Lot 16 being 6.0 acres of land of the East onesHalf (E ½) of the Northwest
One-Quarter (NW ¼) of Section 15, H.T. & B, R,R. Co. Survey, Abstract
241, Brazoria County, Texas, as shown by plat of partition recorded in Vol.
441, lag, 265, Deed Records, Brazoria County, Texas(6725 Rte 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 we. 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 Counc~ 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, morale, 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.
All rights and remedies which have accrued in the favo~ of the City under this
Ordinance and its amendments thereto sitall be and are preserved for the benefit of the
City.
The City Secretary is hereby direclell to cause to be prepared an amendment to the
official Land Use District 'Map of the Cily pursuant to the provisions of Section 2 of
Ordinance No. 509, and consistent witl~lhe approval herein granted for the issuance of
a Specific Use Permit.
PASSED, APPROVED, and AD01~ED cm the first rea,~ing this ,//~ day, of
T"a'~i'- . '.K~., ,r
1996.
ATTEST:
PASSED· APPROVED, and ADOFED
¢~_~_ay of//L,~-M. fjA~, 1996.
ATTEST:
Y~a~dla C. Benitez, ~
APPRZ~oED AS TO FORM:
, .
Change in Zoning Classification from:
Change in Regulatiom in Section #:
__ Specific Use for: *
Lot:/~, Block: ,,./
Mere & Bounds l:)f~tilaitm:
(-v~latted prot~ only; attach survey)'
Tax I.D. ramher:
Pr~ use Of land within requested d~igntion:
Owner's telephone munt~: Y'/,~'YfY- ~.~}
Agent's nanle:
Agent's mailing
Agent's telephone mun~r:
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 Ordilof the City of Pearland. *On a Specific Use
Permit request to allow a residential use in azone (OP, NS, GB), I acknowledge that such use
may be incompatible with current and future usesin my vicinity.
Owner's signature
Fees paid: $
Received by:
Agent's signature:
Date
E. XHIBIT "A"
LOT 12 .,,'.:.,_',!~:"LOT 11
o... LO~ 13 :' LOT 14
LOT 18 LOT 17 LOT 15
N
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S SPECIFIC USE PERtlff
SO
R-I LOW DENSITY SIIGI.,E FAMILY ~ DISTRICT
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EXHIBIT 'l'
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
i; Joan Cummings, hereby certify that the noUce. hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris COunties, for '/ issues, as follows:
No. Date 19
N o, Date ' 19
No, Date , 19
N o. D ate 19..
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