Ord. 509-057 12-12-94ORDINANCE NO. 509-57
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 RATITES (EMUS)
TO BE RAISED IN A SINGLE FAMILY DWELLING DISTRICT (R-l)
ON LOT 92, GEORGE W. JENKINS SUBDIVISION, IN THE W.D.C.
HALL LEAGUE, ABSTRACT 70, BRAZORIA COUNTY, TEXAS (1510
HASTINGS-FRIENDSWOOD ROAD) AT THE REQUEST OF MR. & MRS.
WILLIAM GROTE, OWNERS; PROVIDING FOR ANAMENDMENT TO THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Mr. and Mrs. William Grote, Owners, filed on October
10, 1994, 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 ratites (emus) to be raised 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 14th day of November, 1994, 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
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WHEREAS, on the 15 day of November, 1994, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding the proposed
application of Mr. and Mrs. William Grote, Owners, whereby the
Commission recommended and approved the issuance of a Specific Use
Permit to allow ratites (emus) to be raised in a Single Family
District (R-l); 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 meeting on November 28, 1994; 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 Mr. and
Mrs. William Grote, Owners, for a Specific Use Permit to allow
ratites (emus) to be raised in a Single Family District (R-I) 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:
There is hereby issued a Specific Use Permit to allow ratites
(emus) to be raised upon the property described in attached
"Exhibit A".
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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 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, 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.
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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
day of~~.~ / , A. D., 19 ~.
ATTEST:
Pat Jone~,~ity Secretary,
TRMC
PASSED, APPROVED, and ADOPTED on second and final reading this
/~ day of~L ~ , A. D., 19 ~//.
ATTEST:
ORDINANCE NO. 509-57
APPROVED AS 0 FORM:
:Dys cCullo gh, Ci y orne
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"EXHIBIT A"
ZONING CHANGE APPLICATION
CHANGE REOUESTED: S
O Change in Zoning Classification Specific Use
s. ..
/� / l S
From: For: �r�_/S1 G CJ '
f p
To .H, /� -
O Change in Regulations in
• Section
PROPERTY IDENTIFICATION: �� •
Street or Road .Address: %._%D ! �?. - �s rWy.s R
Lot 702 , Block , Addition �9"-° ' c--'- sENjc,v d.
Tax I.D.t
•
LEGAL DESCRIPTION
Unplatted Land: (Must have survey & metes and bounds description)
Aiir6c� - ID
PROPOSED USE OF LAND WITHIN REOUESTED DESIGNATION:
/o .P ?ICSC= .E/'>'iv 1,3/aOS poll coc.)R_ cOEo1 T
y
Zuc I/A UC %w o ,! CRC-S — (7-/V E �3A e e C De E i-0 iiC. oS EO i-oR SiRo,5-
BECORD OWNER: .6 /c- `ri O 72/2 s (A l d ucvyk?
OWNER' S MAILING ADDRESS & PHONE NO. :
7
•,ig C - /gt Peo-dcwidifc
1 •2 75kJ — '/((r=--.580 g
IT}..) ,7-':. ir;7-)7 RI 71.11' ''Pr.))
jIGENT' S NAME• } r:t . , '3 h_ 1 j.• ?' 1 No.
c.i .
ENT' NG ADDRESS: rif
PETITION: As OWNER/AGENT, I herdd t i0- =Eid'Dthe City for approval of
the above described `-reghe's't-ig`tpiis' id by the laws of the
�S to of Texas and rdinances of the City of Pearland.
SIGNATURE /( •A r SIGNATURE:
OWNER ' ' AGENT 1
00
FEE: $ C�� / L`/DATE PAID: — 7 / / RECEIVED BY
DATE FILED: / D- /D `fy APPLICATION NO�' L'5
f
WALKER L. TREESH
Registered Professional Land Surveyor
P.O. Box 2113
Pearland,Texas 77588 -
713-485-5191
FIELD NOTE DESCRII'r.ON OF A 2.0025 ACRE TRACT OF LAND OUT OF LOT 92 OF
THE GEORGE W. JENKINS SUBDIVISION IN THE W.D.C. HALL LEAGUE, ABSTRACT
70, BRAZORIA COUNTY, TEXAS, AS RECORDED IN VOLUME 79, PAGE 616 OF THE
DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING at a Z inch iron rod found at the most easterly corner of the aforementioned
Lot 92;
THENCE S 45° 04' 01" W along the southeast line of said Lot 92, at a distance of-
412.01 feet pass the northeast right of way line of County Road 127, at a distance of
414.36 feet pass a 1 inch iron pipe found for reference corner, continuing in all a
total distance of 424.01 feet to a 3/8 inch iron rod found at the most southerly cor-
ner of said Lot 92, also being in County Road 127;
THENCE N 45° 06' 15" W along the southwest line of said Lot 92, a distance of 205.47
feet to a point for corner;
THENCE N 45° 00' 00" E at a distance of 12.00 feet pass a 2 inch iron rod found for
reference corner in the northeast right of way line of County Road 127, continuing in
all a total distance of 424.01 feet to a 2 indz iron rod found for corner in the north-
east line of said Lot 92;
THENCE S 45° 06' 15" E along the northeast line of said Lot 92, a distance of 205.97
feet to the PLACE OF BEGINNING and containing 2.0025 acres of land, more or less.
r�
'I Dr
alker L. Treesh, R.P.L.S. o. 1895 j;F�'� c°4s.4- .
October 29, 1992 • �' ��' �0 9
.. .�
WALKER L. TREESH
\� 0 1895 veltzt.f
•
F
L AFFIDAVIT OF PUBLICATION
' "EXHIBIT B"
REPORTER NEWS
F.O.-Box 954
Friendswod, Texas 77546
State of Texas
County of Galveston: .
I, Linda Knight, hereby certify that the notice hereby appended was published in Galveston County'in
the REPORTER NEWS, a newspaper for general circulation in Galveston County and Brazoria County, for
issues, as follows: .
`! Datea:::14, 19
No-
No. Date _II:Z.__
19
No. Date '19 -
1' Date 19 . -
1 No. •
No. Date 19
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.
•
IkA:,,,ii:•‘... \\L'‘.(...1\6,-,\--- _ •
Classified Director
i -
•
• .. • •
•
/7 Ode/a6 elL--
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Subscribed.and sworn to before me this V / day of
• 19 4)1( ; .fd- - n ,: 4_
r .Notice Cs herebygiven.that:
Nat
j on;;:the ••14th. day,,!,-.of;` '6,• AURA '-e
November;11994;:at:7:00` `�`- •:a� ;
--PcM:;the.City Council and /14 -:; th,tt;* ' ' E OFTIDOS
the Plarinirigsagd'Zoning .,•.` ;� �•c�� .ram,i .
;:r. ��,�C� sue•.. t is'u I ..ar�a1..
k;:. 1' ,, Commission 3t''theCWO -_ _ _i>
• °NO'' E OF A JOINT,PUI ` :, Pearland;oBraibrla e'en -r5; —'� "�
LUC HEARING OF THE CITY. ` '"• , ig _ ''
'� - =��!�"Flarrls Counties;',Texas;�v
I COUNCIL AND THE,PLAN- 7::'conducf a Joint Publ cL
• onsna• - ,t NING ANi Hearing In the Coun II ! & iK
,,,,: MISSION OF:;THCITY OF Room, Clty Hall''35 9`=1. Y it FEAFI.AtVLiberty Drive, Pearls 4 Texas on the request ot r:;a4 . e W.D.C. Hall League,. • ' 'subject
'. and Mrs. William Gro a • Abstract 70, Brazorla
owners,for,aiSpecific ®:;�� , : County,Texas,as recorded Pat Jones,TRMC' •' �:.- ,.,
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.I Permit to allow refits In Volume 79, Page 616 of '";. City Sicretery '�:..,h>
• ;4 b (emus) to be raised in a ;, the Deed rRecords of .
{,i� Single Family Dwelling(R• ) ;? Brazoria County,?taxes, '% I PECIFIC USE NO.36 •
1 rnIatrlct- on the follow) 4 Ir (isle • u.:.i. _ •• •t •-+ •