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Ord. 509-016 08-28-89ORDINANCE NO. 509-16 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 TO ALLOW TWO HORSES AND A FARM ACCESSORY BUILDING IN AN R-1 RESIDENTIAL ZONING DIS- TRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Patricia Bethea, Agent for Terry Paris, Owner, filed on or about June 20, 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 to allow horses and a farm accessory building 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 31st day of July, 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 August, 1989, the Planning and Zoning Commission of the City submitted their report and recommenda- tion to the City Council regarding the proposed application of Patricia Bethea, Agent for Terry Paris, Owner, whereby they recommended the issuance of a Specific Use Permit to allow horses and a farm accessory building 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 August 14, 1989; 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 application of Patricia Bethea, Agent for Terry Paris, Owner, for a Specific Use Permit to allow horses and a farm accessory building, facts were presented which in the judgment of the City Council would justify the approval, with certain conditions, of said application, it is therefore ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: There is hereby issued a Specific Use Permit to allow horses and a farm accessory building, subject to the terms and conditions herein set forth, upon the following described property located within the corporate limits of the City of Pearland, Texas, and presently classified within the R-1 Residential Zoning District: 2,000 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, said 2,000 tract, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod for corner in the northeast line of the aforementioned Lot 92, which bears North 45 degrees, 06 minutes, 15 seconds West a distance of 205.97 feet from the most easterly corner of said Lot 92; THENCE South 45 degrees O0 minutes O0 seconds West at a distance of 412.01 feet pass a 1/2 inch iron rod in the northeast right-of-way line of County Road No. 127, continuing in all a total distance of 424.01 feet to a point for corner in the southwest line of said Lot 92; THENCE North 45 degrees 08 minutes 16 seconds West along the southwest line of said Lot 92, a distance of 205.47 feet to a point for corner; THENCE North 45 degrees O0 minutes OO seconds East at a distance of 12.00 feet pass a 1/2 inch iron rod in the northeast right-of-way line of County Road 127, continuing in all a total distance of 424.01 feet to a 1/2 inch iron rod for corner in the northeast line of said Lot 92; THENCE South 45 degrees O6 minutes 15 seconds East along the northeast line of said Lot 92, a distance of 205.47 feet to the PLACE OF BEGINNING and containing 2.000 acres of land, more or less. The issuance of said Specific Use Permit is made subject to the following terms and conditions, to-wit: 2 1. To al low only two horses on the property. III. 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. 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 shall 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 ~~ , A. D., 1989. Mayor day of ATTEST: Cit~S~eretary PASSED and APPROVED ON SECOND AND FINAL READING this , A. D., 1989. day of ~ ,/Y~. ~)- Mayor // ATTEST: CityS~eretarT<D9''~'~ APPROVED AS TO FORM: City Attorney VOTING RECORD (FIRST READING) AUGUST 28, 1989 Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None. VOTING RECORD (SECOND READING)SEPTEMBER 11, 1989 Voting "Aye" - Councilmembers Smith, Wolff, Tetens and Miller Voting "No" - None. Councilmember Bost absent at the time. PUBLICATION DATE: SEPTEMBER 15, 1989 EFFECTIVE DATE: SEPTEMBER 25, 1989 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 4 crrY OF PF~U~D .EXHIBIT '!A" LAND USE CiIANGE APPLICATION ~01.1 [I,K| (:ll~l~iUl'~ I~!~:~UI3STED ( ) Chnn~Je in Re~Jula~ons Section ( ) Change In Zone Class From: To ~ BOARD OF ADJUS'I'I41~I~T & hl'Jtl:JhL ( ) Variance Appeal ( ) Appeal from Interpretation (X) Special ExCept].on Use F o r: tGRI~ ~I~~RY...IN.. _ . i'itOPERTY IDENTIFICATION St:t',:et or Road Address: lg719 COUNTY RD#127 (OFF'.DIXIE 7ARM. ROAD~-T-'~ Lot 92B , Block TRACT 5 , Addition 70 WDC HALL , SUBMITTAL INFORMATION 1. Hust be professionally drawn 2. Minimtu, scale of 100' to inch 3. North Arrow 4. Site map attached 5. Tract Dimension 2 AC 6. Location, size, relationship of all existing structures ~O boundary lines NONE LEGAL DESCRIPTION Describe from Deed Records, attach copy of Deed, and use metes and bounds description: Platted Land Unplatted Land: (Must have mete~ & 'bounds description) · SEE ATTACHED PAPERS I'ROI'OSED USE OF LAND WITHIN REQUESTED DESIGNATION: TO SELL PROPERTY BY OWNER (TERRY PARIS) ID PATRICIA BETHEA (AGENT) FOR PURPOSE OF BUILDING A HOME AND HAVING HORSES IN BACK YARD. RECORD OWNER: . T~,~RRY PARIS OWNER'S MAILING ADDRESS & PiIONE NO.: PO BOX 708 FRIENDSWOOD,'TX (713) .482-1132 HOME (713) 482-9711 WORK (RECORDER) AGENT ' S 'N~4E: PATRICIA BETHEA AGEI4T'S MAILING ADDRESS: PO BOX 3769 COSTA MESA, CA 92628 77546 P!!ONE NO.: (7]4) 373-1120 PETITION SIGNATURE Z ~ /~ FEE: $ ?50.00 DATE .PAID: DATE FILED, /~ - ~.- O -/? As Owner/Agent, I hereby petition the City for approval.of t|~e above described request as provided by t|,e laws of the State of Texas and Ordinances of the City of Pearland. 20 ~E 1989 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) (Title) (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: ~': LEGALS f::"'~, '. ~1~~. ~NNAND . ? "~ . ..... '.~ ING AND ZON NG COM- ~ ;MINION :OF ~E CI~ OF PEARIAN~- - · a~ ~B ~unt~, Tern, and :~ ~nc ".rini in the will ~u~il Rmm, T~.;' on ~e requ~ of P~ia ~ea, ' land o~ of '~ 92 of ~e. ~rge W, ~nMns Su~ivisin in ~e W,D,C, ~11 ,/ Tern. d67]9 ~bn~ Rd ~.]27 · t s~ ~me and place'~s a~ ~ed th ~ ~uncil and t~e ~anning and ~ning :: ~mi~n will hear all ~iden~ ~n- ~ '~rg ~ Perm~ and al~ MII hear all ~- Nden~ in prot~ of the gra~ng of ~id ~i~c ~ Pe~, ~y ~e >re me this the /;;2_/ day of ,19~.7. , to certify which witness my hand orf County, Texas .�o A Cnuj ©1 ® ©©r?II©( i 7 a' III�� v 1 Ex AS P. O. Box 2068 • Pearland, Texas 77588-2068 . 485-2411 September 12 , 1989 THE JOURNAL Pearland, Texas Re : Ordinance No. 509-16 Please publish the above legal on the following date : September 15, 1989 Thank you. d l Kay Kro se City Secretary KK:pv Attachment • __ s ORDINANCE NO. 509-16 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 TO ALLOW TWO HORSES AND A FARM ACCESSORY BUILDING IN AN R-1 RESIDENTIAL ZONING DIS- TRICT; 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 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 day of , A. D. , 1989. Mayor ATTEST: City Se retary r PASSED and APPROVED ON SECOND AND FINAL READING this 1/ day of ::„j,( , A. D. , 1989. ,--___)01-1-iiiI Mayor ATTEST: &I 72/1) City Se retary APPROVED AS TO FORM: City Attorney VOTING RECORD (FIRST READING) AUGUST 28, 1989 Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None. VOTING RECORD (SECOND READING)SEPTEMBER 11, 1989 Voting "Aye" - Councilmembers Smith, Wolff, Tetens and Miller Voting "No" - None. Councilmember Bost absent at the time. PUBLICATION DATE: SEPTEMBER 15, 1989 EFFECTIVE DATE: SEPTEMBER 25, 1989 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 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) (Title) (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: S bscrib d and svizrn to before me this the /5dfL day of _` 1 , to certifywhich witness myhand and se of office. LAY ••'' '`' Notary bli and for •� :.1st Pose,.... • • --� : • 1 1\ ' s. •'.,firf Of'‘' . I 1i-Ia.r r i i County, Texas W .OZp s e . :., •o ! 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