Ord. 509-079 09-09-96ORDINANCE NO. 509-79
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-2) ON 5.00
ACRES OF LAND, MORE OR LESS, BEING THE NORTH ½ OF LOT 37,
SECTION 6, H.T.& B. R.R. CO. SURVEY, ABSTRACT 544, AS
RECORDED IN VOLUME 136, PAGE 501 OF THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS (HATFIELD ROAD), ON THE REQUEST OF
CHERYL AND DOUGLAS COLLINS, AGENTS FOR LEE DETENBECK,
OWNER, 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, Cheryl and Douglas Collins, agents for Lee Detenbeck, owner, filed
on June 26, 1996, 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 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 12th day of August, 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 14th day of August, 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed application of Cheryl and Douglas Collins, agents for Lee
Detenbeck, owner, whereby the Commission recommended and approved the issuance
of a Specific Use Permit to allow animal husbandry (limited to horses) in a Single
Family Dwelling District (R-2); 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
August 12, 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 Cheryl and Douglas Collins, agents, 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:
I.
There is hereby issued a Specific Use Permit'to allow for animal husbandry
(limited to horses) upon the following described property located within the corporate
limits of the City of Pearland, Texas, and presently classified as a Single Family
Dwelling District (R-2):
5.00 acres of !and, more or less, being the North ½ of Lot 37, Section
6, H.T. & B. R.R. Co. Survey, Abstract 544, as recorded in Volume 136,
Page 501, of the Deed Records of Brazoria County, Texas (Hatfield
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.
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.
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 the first reading this~'~ day of
~~L~, 1996.
Tom Reid, Mayor
ORDINANCE NO. 509-79
ATTEST:
~(~day of ~, 1996.
PASSED, APPROVED, and ADOPTED on second and final reading this
Tom Reid, Mayor
ATTEST:
APPROVED AS TO FORM:
cCullough, City ~,ttorne~/q
T~x I.D. numlJa':.
ZONE
R-2
EXHIBIT "A"
34
35
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38
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39
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40
ZONE R-2
41
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pea~and, Texas 77581
State of Texas
Brazoda and Harris Counties
Joan Cummings, hereby certify that the noUoa hereby appended was published
in Brazoria and Harris Countlea In the REPORTER NEWS, a newspaper of general
circulaUon in Brazoda and HarTis Counties, for / Issues, as follows:
No. / Date 7- Z/-/
No. Date 19 __
No. Date 19 __
No. Date 19 __
No. Date 19 .
Subscribe and worn to before me this
Laura Ann Emmons, Publisher
EXHZBZT "B"