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Ord. 509-020 12-11-89ORDINANCE N0. 509-20 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 HUSBAN- DRY IN AN R-3, RESIDENTIAL, ZONING DISTRICT; PROVID- ING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Larry J. Bellmyer, Agent for John N. Loomis, M. D., Loomis International, Inc., Owner, filed on or 'about October 6, 1989, 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 SOth day of October, 1989, a Joint public hearing 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 8th day of November, 1989, the Planning and Zoning Commission of the City submitted their report and recommendation to the City Council regarding the proposed application of Larry J. Bellmyer, Agent for John N. Loomis, M. D., Loomis Inter- national, Inc., Owner, whereby they recommended the issuance of a Specific Use Permit for Agricultural Animal Husbandry, with certain conditions appurtenant thereto, 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 November 1S, 1989; and 1 Z ~uO treq~ ss~I ~ou ~o suI~ ~ Xq psqstund sq 'uoI~oIPstanF ~us~d~oo ~o ~anoD ~ Xq UOI~OIAUOO uodn ~II~qs pure 'aou~s~spsIm ~ ~o X~IIn~ psmssp ~q II~qs oou~uIpaO sIq~ Jo suoIsT^oad ao s~uo~o~Tnboa sq~ q~I~ Xldmoo o~ gll~J ~o gs~IoTA Oq~ uoT~aodaoo ao maTJ 'uosa~d XuV 'III ~uoI%~oIIdde eq~ uo u~oqs e~eeaoe eq~ uo pe~olIe eq eI~o ~o peeq SI ueq% ~Kiuo ei~o ao3 pe~u~a~ eq ~i~aed eq& 'I :~t~-o~ 'suoI~IPu°° pure pies 'II · sexs~ *X~unoO eIaozea~ 3o sp~ooe~ Pg~G ey~ ~o ~uTGq 'III ~oe~sqV uT pG~eooI ptreI :~oTa~sTG ~uTuoZ I -TsseIo KI~uesgad pure eq~ uTq~T~ ps%eOOI K~gdoad pGqTaossP ~uT~oIIo3 ~es uTgaGq suoT~Tpuoo pue smas~ Gq~ o~ ~oG~qns ,KapueqsnH IemTuV iean~InoTa~V ao3 ~Twaed esN oT3ToedS e penssT ~qeaeq sT eaeq& 'I :SVX~& 'GNVqHV~d a0 l&I3 ~H~ g0 qlONR0O i~IO ~H~.A~ G~NIVGH0 ~I 'uoI~°IIdde pies 3o 'suoi~tpuoo uIe~as° q~$~ 'I~A°add~ gq~ X31~sn~ pino~ IlounoD K~ID eq~ 3o ~usm~pn~ gq~ uI qotq~ pe~usssad eae~ s~oe3 'K~pueqsnH IemtuV Iean~In°Ia~v ao3 ~ymagd ~sfl oI3IoedS ~ ao3 'aeu~0 "ouI ,ieuoI~euae~uI sImooq "G 'N 'stmooq 'N uqoF ao3 ~ug~V 'aeXmIIs~ · f Kaaeq 3o uoI~eoIIdde 8q~ 3o gseo gq~ uI ~eq~ spuI3 'sgsI~g~d ~q~ ul PesIAPe XIIn3 ugsq ~UtA~ pue ,ssi~aed pe~seag~uI IIe 3o ~usmnSa~ pue XuomI~sg~ gY~ paegq XIIn3 BulAeq IlounoO K~ID gq~ ~SV~H~H~ Dollar ($1.00) nor more than One Thousand Dollars ($1,000.O0), and each day such violation or failure to be in compliance shall exist shall be deemed to constitute a separate offense. IV. The City Secretary shall cause this Ordinance, or the caption and penalty hereof, to be published in the official newspaper of the City at least once within ten days after its passage on second and final reading. This Ordinance shal 1 then become effective ten days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED ON FIRST READING this day of Mayor ATTEST: C i ty~Sc reF~ day of PASSED and APPROVED ON SECOND AND FINAL READING this // .C Mayor ATTEST: City S~c~etary APPROVED AS TO FORM: City Attorney VOTING RECORD FIRST READING (NOVEMBER 27, 1989) Voting "Aye" - Councilmembers Miller, Tetens Wolff and Smith. Voting "No" - None. Councilmember Bost absent. Motion passed 4-0. SECOND READING (DECEMBER 11, 1989) Voting "Aye"- Councilmembers Miller, Tetens Wolff, Smith and Bost. Voting "No" - None. Motion passed 5-0. PUBLICATION DATE: DECEMBER 15, 1989 EFFECTIVE DATE: DECEMBER 25, 1989 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 8 CITY LAND USE CHANGE APPLICATION ZONING CHANGE REQUESTED ( ) Change in Regulations in Section ( ) Change in Zone Class From: BOARD OF ADJUSTMENT & APPEAL ( ) Variance Appeal ( ) Appeal from Interpretation (~/'Special Exception Use For: Pasturing of Livestock PROPERTY IDENTIFICATION: Street or Road Address: Lot , Block , Addition on the Brazoria/Galveston County line, Pearland, Texas. SUBMITTAL INFORMATION: 1. Must be professionally drawn 2. Minimum scale of 100' to inch 3. North Arrow 4. Site map attached Tract Dimension Location, size, relationship of all existing structures to boundary lines LEGAL DESCRIPTION: Describe from Deed Records, attach copy of Deed, and use metes and bounds descri pti on: Platted Land: .... 43,89 Acr. es of land located in Abst__ract.~l_l, b__ei_n.~ Tracts 2A1A, 2A1A1, 2A2 and 281C out of the James E. Perry and Emily Austin League of the Deed Record of Braz. County,Tx. Unplatted Land: (Must have metes & bounds description) PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: RECORD OWNER: John N. Loomis, M.D., Loomis International, Inc. OWNER'S MAILING ADDRESS & PHONE NO.: (713) 477-7146 P.O. Box 6408, Pasadena, TX 775~6 AGENT'S NAME: ~,~_/.-.t,,/ v~. ,~,-///-t y'~'./' NO. / AGENT'S MAILING ADDRESS: 6"o 2" '/Y~.~2"'~'/:"',,',,'z' ~,~ PETITION: As OWNER/AGENT , I hereby petition the City for approval of the above described request as provided by the laws of the State of Texas and Ordin ces e 'ty of Pearland, SIGNATUR ordin ~e SIGNATURE., · . Owner DATE FILED: /~' 6~ -/2 APPLICATION NO. EXHIBIT "B" STATE OF TEXAS COUNTY OF HARRIS Before me, the undersigned authority, on this day personally appeared IRVIN J. JONES, the BUSINESS MANAGER of the JOURNAL, (Name) fllfle) (Name of Newspaper) a newspaper having general circulation on 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: Subsc ' ed an.~om to before me this theday of ~ .oT~f ) ,19~ , to certify which witness my hand for ~trr , ,.~ ,~,~ ,. NoTicE OF JOINT OF THE CITY COUNCIL e~. AND THE PLANNING AND ZONING COM- MISSION OF THE CITY OF PEARLAND. TEXAS Notice is hereby given that on the 30th' day of October, 1989, at 7:30 P. M., the: City Council and the Planning and Zoninl: Commission of the City of Pearland,! Brazoria and Harris Counties, Texas. willi condud a Joint Public Hearing in thet Council Room. Cat7 Hall. ;3.519 libeft/', Drive. Pearland. Texas. on the request of Larry J. Bellmyer, Agent for John N. Loomis. M. D.. Loomis International. Inc.. Owner, for a Specific Use Permit for Agricultural Animal Husbandry in an R-3 Residential Distrial. on the following described property, to-wit: County, Texas 43.89 Act. of ~d IocatW'b 111. beinl Tracts 2AIA. 2AIAI. 2A2 and 2SlC out of the James E. I~/and Emil~, Austin League of_the Deed Records ,of': Bruoria Count. Texas. (Bellmar ~eet) At such time and place as abo~ stated the ~ Couincil and the Planning and Zoning Commasion will hear all evidence con-~ ceming advisability of'granting the~ $peciF~ Use Permit and also will hear all evidence in protest to ~e granting of said Specirm Use Permit. '. Ka~ Krouse City Secretary r cl�IU�J o ©©ffII© d Z v III v * I ExJ ' P. O. Box 2068 • Pearland, Texas 77588-2068 . 485-2411 December 12, 1989 THE JOURNAL Pearland, Texas Re : Ordinance No. 509-20 Please publish the above legal /on the following date : December 15, 1989 Thank you. Kay Kro.Sse City Secretary KK:pv Attachment ORDINANCE NO. 509-20 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 HUSBAN- DRY IN AN R-3, RESIDENTIAL, ZONING DISTRICT; PROVID- ING 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 conviction 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 separate offense. PASSED and APPROVED ON FIRST READING this v? 7 day of , A. D. , 19 if . 44-2P Mayor ATTEST: City Secretary PASSED and APPROVED ON SECOND AND FINAL READING this /1 day of , A. D. , 19 8y . 07'YI J:L1 Mayor VOTING RECORD ATTEST• FIRST READING (NOVEMBER 27, 1989) • Voting "Aye" - Councilmembers Miller, Tetens Wolff and Smith. l � I Voting "No" - None. A A i. fi An . . (`ni,nri lmnmhnn Rnct ahcant_ Mntinn naccod s_fl