Ord. 509-048 05-09-94ORDINANCE NO. 509-~8
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 ANEQUESTRIAN
CENTER (HORSE STABLES) AND OWNER'S HOME IN A GENERAL
BUSINESS DISTRICT (GB) AND A SINGLE FAMILY DWELLING
DISTRICT (R-l) (LOCATED PRIMARILY IN R-l) ON ACRES
NUMBERS 31-22, 31-24, 31-25, 31-26, 31-27, 31-28, 31-29,
34, 35, 36, 37, 38, 39 IN THE NARREGANG SUBDIVISION (1920
E. BROADWAY) AT THE REQUEST OF LARRY AND LYNN HOWARD,
AGENTS FOR MARCELLA ESTRELLA OWNER; PROVIDING FOR AN
AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE;
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Larry and Lynn Howard, Agents for Marcella Estrella,
Owner, filed on. March 11, 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 an equestrian center 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 llth day of April, 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 12th day of April, 1994, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding the proposed
application of Larry and Lynn Howard, Agents, whereby the
Commission recommended and approved the issuance of a Specific Use
Permit to allow an equestrian center in a General Business District
(GB) and a Single Family 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 meeting on April 25, 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 Larry
and Lynn Howard, Agents,for a Specific USe Permit to allow an
equestrian center in a General Business (GB) District and 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:
I.
There is hereby issued a Specific Use Permit to allow an
equestrian center upon the property described in attached "Exhibit
A" ·
II.
The issuance of said Specific Use Permit is made subject to
the following terms and conditions, to-wit:
(1) Site shall be limited to 60 stalls, with a future 20
stall expansion (maximum of 5000 square feet).
(2) Horses on the premises shall be full board only (all care
provided by BAEC).
(3) Most horses shall be kept in a stall overnight - pasture
board limited to a maximum of 5 horses, barring natural disaster or
acts of God.
Facilities shall be equipped with an automated fly-spray
(4)
system.
(5)
Manure shall be stored in covered dumpster and removed
twice per week.
(6) Paved driveway and
allowance for future parking.
(7)
(8)
parking shall be provided with
No alcohol or smoking shall be allowed on the premises.
Trailer.storage shall be allowed only behind the front
building line.
(9) No occupied motor homes shall be allowed over night.
(10) Signage shall be located within the 60' access easement
and shall comply with the Land Use and Urban Development Ordinance.
(11) Commercial development shall. be confined to 500'x500'
area as shown on "Exhibit C".
III.
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.
IV.
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.
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.
VI.
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.
.VII.
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
3
specific use permit.
PASSED, APPROVED, and ADOPTED on first reading this
day of ~ ,
ATTEST:
PASSED, APPROVED, andADOPTED on second and final reading this
day of ~~
A.D.,1 ·
yor.,
David Smith, Mayor Pro
ATTEST:
Pat Jones ~'~/~Secret ry
"EXHIBIT A"
ZONING Ct~NGE APPLICATION
~HANGE REOUESTED:
D Change in Zoning Classification
From:
To :
[] Change in Regulations in
Section
F o ~U~ C23~ ~ o
PROPERTY IDENTIFICATION:
Lot .., Block ., Addition Tax I.D. #
LEGAL DESCRIPTION:;
Unplatted Land: (Must have survey & metes and bounds description)
pROPOSED USE OF ~ND WITHIN REOUESTED DESIGNATION:
p, ECORD OWNER: FF)Qrcc [.(ok ~:~t~-~I ([cu
OWNER' SMAIf, ING ADDRESS & PHONE NO.:
,485-
~GENT' S MAILING ADDRESS
PETITION:
SIGNATURE:
"' DATE PAID:
DATE FILED: ~//~/
NO. qq2 -
Fz, oSW D 7754
As OWNER/AGENT, I hereby petition the City for approval of
the above described request as 'provided by the laws of the
~VISED ~BRU~Y 17, 1993 ~ '
"EXHIBIT A" '~" ~
"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
~SS MANAGER
9~~ .' .:. NOllOE OF A JOINT pUBHC
1 · : .~,. ".'. HEARING OF ~M~ ¢[~ ~N~[~
,{ -'~': ,, ~D.
~,~ · ..' .~ ~ ~NNINfl AND ION[N~
al ~ ~d~P
(SEAL) '.request '~r~ an L ' 'owar ,'
' 'Agents. a~ st
~~f~~~ ~ ~i~;home on the following~:d oribe "
" :'; ,;,:852',:36, "~7'~'8~'. 89, 40 ~f h ;' '.
~":'~'~1 h~Ve the Hght and'op~dun' to '
. ap~ar ~d ~ heard on ~e subje
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STATE OF TEXAS
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