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Ord. 509-026 08-26-91ORDINANCE NO. 509-26 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR AGRICULTURAL ANIMAL HUSBANDRY IN AN R-2, RESIDENTIAL, ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Pearland Independent School District, Owner, filed on or about June 24, 1991, an application for 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 for Agricultural 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 15th day of July 1991, a Joint Public Hear- ing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice thereof being given by mail and 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 notice being in strict conformity with applicable State Law and the.provisions of Ordinance No. 509; and, WHEREAS, on the 16th day of July 1991, the Planning and Zoning Commission of the City submitted their report and recommendation to the City Council regarding the proposed appli- cation of Pearland Independent School District, Owner, whereby they recommended the issuance of a Specific Use Permit for Agri- cultural Animal Husbandry on the aforementioned land; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and such report at their regular meeting on July 22, 1991; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the applica- tion of Pearland Independent School District, Owner, for a Spe- cific Use Permit for Agricultural Animal Husbandry, 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 for Agricultur- al Animal Husbandry upon the following described property located within the corporate limits of the City of Pearland, Texas, and presently classified within the R-2 Residential Zoning District: 4.824 Acres out of 83.3719 Acres in the ACH & BRR Survey at the L.W. Murdock Subdivision, Abstract 507, Brazoria County, Texas. II. Any person, firm or corporation who violates or fails to comply with the requirements or provisions of this Ordinance shall be deemed guilty of a misdemeanor, and shall, upon convic- tion by a Court of competent jurisdiction, be punished by a fine of not less than One Dollar ($1.00) nor more than One Thousand Dollars ($1,000.00), and each day such violation or failure to be in compliance shall exist shall be deemed to constitute a rate offense. III. The City Secretary shall cause this Ordinance, caption and penalty hereof, to be published in the newspaper of the City at least once within ten days after passage on second and final reading. This Ordinance shall become effective.ten days from and after its publication, or publication of its caption and penalty, in the official sepa- or the official its then the City newspaper. 2 PASSED and APPROVED on FIRST READING this /~---' day  , A.D. , 1991 . C.V. Cop[ , of ATTEST: ~~Y~ PASSED and APPROVED ON SECOND and FINAL READING this day of ~x~~iZi~ · A.D., 1991. C.V. Coppinger, Mayor ATTEST: ~~ity~ecre//tary APPROVED AS TO FORM: Lester Rorick, City Attorney VOTING RECORD (FIRST READING) AUGUST 12, 1991 VOTING "AYE" - Councilmember Wolff, Colson, Mille~ Frank and Weber VOTING "NO" - None VOTING RECORD (SECOND READING) AUGUST 26, 1991 VOTING "AYE" - Councilmember Wolff, Colson, Mille~ Frank and Weber VOTING "NO" - NONE PUBLICATION DATE: AUGUST 30, 1991 EFFECTIVE DATE: SEPTEMBER 09, 1991 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PARLAND, TEXAS ZONING CHANGE ( ) Change in Section ( ) Change From: To: LAND C[ I Y UF PEARLAIIU EXHIBIT "A" USE CHANGE APPLICATION REQUESTED Regulations in tli'lGi~e Class BOARD OF AUJUSTMENf & APPEAL Variance Appeal AI,peal from Interpretation Si,eclal Exception Use For: A(IRT(I. IIT,TITRAT. A'hlT)~LT, '~,- ~I~RANT)RY TN A nT~TRTCT PROPERTY IDENTIFICATION: Street or Road Address: 3775 South ~iain-Pearland, Texas Lot Pts of 12,, Block Ab~t 507 , Addition 13,14,15 & 16 SUBMITTAL INFORMAT ION: 1. Must be professionally drawn 2. Minimum scale of 100' to inch 3. North Arrow 4. Site map attached L.W.Murdock S/D, Sec 2 of ACH&BRR Survey 5. Tract Dimension 6. Location, size, reliEl'6'Gship of all existing structures to boundary 1 ines LEGAL DESCRIPTION: Describe from Deed Records, attach copy of Deed, and use mnetes and bounds description: Platted Land: 4.824 acres out of 83.3719 acres in the ACH&BRR Survey and the L. W. Murdock S/D, Abstract 507, BrazoriaCounty, ~xas. (Metes and bounds attached) Unplatted Land: (Must have metes & bounds description) PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: For the care, grooming and exercising of show animals raised by Pearl~_nd High School Vocational AG. students. Approval has been received from the Pearland Animal Control Commission (Minutes attached) RECORD OWNER: Pearland Independent School District OWNER'S MAILING ADDRESS & PHONE NO.: P.O. Box 7, Pearland, Tens 77588 0007 485-3203 AGENT ' S NAME: Carl V. Halik President, Board of Trustees J'lO. 485-3203 AGENT 'S MAILING ADDRESS: Pearland ISD, P. O. Box 7, Pear!and, Texas 77588 PETITION: As OWNER/AGENT , I hereby petition the City for approval of the descri request as provided by the laws of the State of Texas f Pearl and. S IGNATU ' ' S l GIIATURE __ Owner FEE: $V~~ DATE PAID: ~"' c~" f/ RECEIVED UP: DATE FILED: APPLICATION NO. above and EXHIBIT "B" AFFIDAVIT OF PUBLICATION Before me, the undersigned authority, on this day personally appeared GLORIA BOIl(E, Business Hansget 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 fol,lowing date(s), to wit: · \ ', e" s , 19 '~ ~_~.~',~ · , 19_ , · , 19 · S' *' *'*'; "* ~'Subscribed and sworn to this ~~ day LEGAUPUBLIC ( SEAL ) ~~N~, on th. STATE OF. TEXAS . peariChmOnd, Bra~~n°f ' ~ '. LEGALNOT~ "' LAND CI I Y UF PEARLAIIU EXHIBIT "A" USE C!tAIIGE APPLICATION ZONING CHANGE REQUESTED BOARD (JF ADJUSTHEN[ & APPEAL ( ) Change in Regulations Section ( ) Change tiT"Z6iie Class in Variance Appeal Apl~eal from Interpretation Special Exceptto. Use From: To: PROPERTY IDENTIFICATION: For: AO-RTO. HT.TITRAT. HTI,~BANT1RY TN A T)TRTRTC'I~ Street or Road Address: 3775 South ),iain. Pearland, Texas Lot Pts of 12,, Block Abst 507 , Addition 13,14,15 & 16 SUBMITTAL INFORHAT ION: 1. Must be professionally drawn 2. Minimum scale of 100' to inch 3. North Arrow 4. Site map attached L.W.Murdock S/D, Sec 2 of ACH&BRR Survey 5. Tract Dinmension 6. Location, size, relit'16~ship of all existing structures to bou,dary lines LEGAL DESCRIPTION: Describe from Deed Records, attach copy of Deed, and use metes and bounds description: P1 atted Land: 4.824 acres out of 83.3719 acres in the ACH&BRR Survey and the L. W. Murdock S/D, Abstract 507, BrazortaCounty, )xas. (Hetes and bounds attached) Unplatted Land: (Must have metes & bounds description) PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: For the care, grooming and exercising of show animals raised b7 Pearland High School Vocational AG. students. Approval has been received from the Pearland Animal Control Commission (Minutes attached) RECORD OWNER: Pearland independent School District 'OWNER'S MAILING ADDRESS & PHONE NO.: P. 0. Box 7, Pearland, Texas 77588 0007 485-3203 AGEfIT ' S NAME: Carl V. Halik President, Board of Trustees rio. 485-3203 AGENT 'S MAILING ADDRESS: Pearland ISD, P. O. Box 7, Pearland, Texas 77588 PETITION: As OWNER/AGENT , I hereby petition the City for approval of tile descri request as provided by the laws of tile State of Texas f Pearl a~. S I GNATU GNAT URE Ow ner Uw ner DATE FILED: APPL ICAT ION NO. above and i J ciil of o c© ll© d 9 Z �J TEXAS P. O. Box 2068 • Pearland,Texas 77588-2068 • 485-2411 August 28, 1991 THE JOURNAL . Pearland, Texas • RE: Ordinance No . 509-26 Please publish the above legal on the following date: Publication Date : August 30, 1991 Thank you, Pat Jones City Secretary AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR AGRICULTURAL ANIMAL HUSBANDRY IN AN R-2, RESIDENTIAL, ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Any person, firm or corporation who violates or fails to comply with the requirements or provisions of this Ordinance shall be deemed guilty of a misdemeanor, and shall, upon convic- tion by a Court of competent jurisdiction, be punished by a fine of not less than One Dollar ($1. 00) nor more than One Thousand Dollars ($1,000.00) , and each day such violation or failure to be in compliance shall exist shall be deemed to constitute a sepa- rate offense. PASSED and APPROVED on FIRST READING this /.1.- day of , A.D. , 1991. a44,44-'42- C.V. Coppin , Mayp ATTEST: Pat Jones, y Secretary PASSED and APPROVED ON SECOND and FINAL READING this � 4o day of , A.D. , 1991. -te- 07,..,_77_,„2_,,,_, e_Z C.V. Coppinger, Mayor ATTEST: Pat Jones, ity Secretary APPROVED AS TO FORM: ai- Lester Rorick, City Attorney VOTING RECORD (FIRST READING) AUGUST 12. 1991 VOTING "AYE" - Councilmember Wolff, Colson, Mille; Frank and Weber VOTING "NO" - None