Ord. 509-050 06-13-94ORDINANCE NO. 509-50
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
19.5704 ACRES OUT OF LOTS 81 & 82 OF THE GEORGE W.
JENKINS SUBDIVISION, W.D.C. HALL SURVEY, ABSTRACT 70,
PEARLAND, BRAZORIA COUNTY, TEXAS (3500-3600 DIXIE FARM
ROAD), AT THE REQUEST OF ROBERT L. THOMPSON, OWNER;
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, Robert L. Thompson, Owner, filed on April 7, 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 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 9th day of May, 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
WHEREAS, on the 10th day of May, 1994, the Planning and Zoning
Commission of the City submitted its report and recommendation to
the City Council regarding the proposed application of Robert L.
Thompson, Owner, whereby the Commission recommended and approved
the issuance of a Specific Use Permit to allow animal husbandry in
a Single Family Dwelling District (R-i); 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 regular meeting on May 23, 1994; and
1
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 Robert
L. Thompson, Owner, for a Specific Use Permit to allow animal
husbandry in a Single Family Dwelling 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:
I.
There is hereby issued a Specific Use Permit to allow animal
husbandry upon the following described property located within the
corporate limits of the City of Pearland, Texas, and presently
classified within a Single Family Dwelling District (R-I):
19.5704 Acres (called 20 acres) out of Lots 81 & 82 of the
George W. Jenkins Subdivision, W.D.C. Hall Survey, Abstract
70, Brazoria County, Texas (3500-3600 Dixie Farm 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. 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 specificl 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
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:
PASSED, APPROVED, and ADOPTED. on second and final reading this
day of ~ , A. D., 19 ~j .
C. V
ATTEST:
Pat Jones'i~it~tary,
APPROVED AS TO FORM:
TRMC
Barry Abrams, Interim City Attorney
3
CHaNGe- BEOUESTED:
ZONING CH2M~IGE APPLICAT 'N
EXHIBIT "A"
Change in Zoning Classification
cific Use
From: N/A
To :
Change in Regulations in
Section
For: Animal Husbandry
PROPERTY TDENTIFICATION:
Street or Road.Address:
Lot 81 &.,8~lock , Addition
3500 - 3600 Dixie Farm Road
'George W. Jel~kins Tax I.D. #
LEGAL DESCRIPTTON:~
Unplatted Land: (Must have survey & metes and bounds description)
19.5704 Acres (called 20.00 Acres) out of Lots 81 and 82 of the George W. Jenkins
BF-CORD OWNER: Robert L. Thompson
OWNF-R'S MAILING ADDMRS & PHONE NO.:
Subdivision, W. D. C. Hall Survey, Abstract No. 70, Brazoria County, Texas
PROPOSED USE OF LAND WITHIN REOUESTED DE~IGNATION:
~ll Y of PEARLAND
CITY SECRETABy'S OFFICE
1116 Nancy, Pearland, Texas
AGENT' S NAME: N/A
77581
(713) 48~5127 [:
NO.
AGENT'S MAILING ADDRESS:
PETITION: AS OWNER/AGENT, I hereby petition the City for approval of
e
the above described request as provided by the laws oFthe
S I GNATU~: S I GNATU~:
OMR AGENT
DaTE FILED: ~' F' yZ/ APPLICATION NO. ~, ~a
REVISED FEBRUARY 17, 1993
EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
Before me, the undersigned authority,'on this day personally
appeared GLORIA BOIKE, Business Manager for THE JOURNAL, a
newspaper having general circulation in Brazoria County,
Texas, who being by me duly sworn, deposes and says that the
foregoing attached notice was published in said newspaper
on the following date(s), to wit:
, 19
, 19
, 19
BUSINESS MANAGER
19~~
.O ,CE OF A PUeUC
THE CITY COUNCIL AND THE
'PLANNING ~-.
· :~: ""-AND ·
ZONING COMMISSION OF THE
· CITY OF PEARLAND, TEXAS
Pe~'rla.d: Brazoria' /Harr.'
COunties, Texas, wilc
Public Hearing i. the Co '1
Rob rt 'Thombs~ wner.
Dwe n triCt, o~ th followi:~?Y
AcreS), out of ~0ts 81
BmZoria Oou~t , Texa (350~
~N~RY PUBLIC ':~
STATE OF TEXAS
At said hearing all interested paffies
shall have the fight and opporluni ,to ·
appeal and be heard on the subje, ict~'' .
Pat Jones, City Secm~.".
Enclosures. '~'
SPECIFIC USE NO. 32