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Ord. 509-007 01-26-87ORDINANCE NO. 509-7 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ~'IENDING 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, W. A. Hemphill, Agent for John J. Adams, Owner, filed on or about November 20, 1986, an application fop 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 December, 1986, 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 18th day of December, 1986, the Planning and Zoning Commission of the City submitted their report and recommendation to the 'City Council regarding the proposed application of W. A. Hemphill, Agent for John J. Adams, Owner, whereby they recommended the issuance of a Spe'cific 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 meet{ng on December 22, 1988; 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 W. A. Hemphill, Agent for John J. Adams, Owner, for a Specific Use Permit for Agricultural Animal Husbandry, facts were presented which in ~he 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 for Agricultural Animal Husbandry, 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-2 Residential Zoning'District: Lot 13, Section 6, H. T. & B. R. R. Co. Survey, Abstract 544, Allison Richey Gulf Coast Home Co. Subdivision, and being more particularly described as f o 11 ows: BEGINNING at the southeast corner of Lot'thirteen, Section six H.T. & B.R.R. Co. Survey, Abstract No. 544, reference being here made to the plats of record covering said section in the Plat Records of Brazoria County, Texas; THENCE West along the South Property Line of said Lot thirteen 1011.16 feet to a point said point being the Southwest corner of herein described tract of land'; THENCE North 420.20 feet to a point, said point being the Northwest corner of herein described tract of land; THENCE East 1011.16 feet to a point, said point being the Northeast corner of herein described tract of land; THENCE South 420.20 feet, along the West right of way of Hatfield Road to the Southeast corner and point of beginning of herein described tract of land, containing 9.754 Acres of land, more'or less. II. The issuance of said Specific Use Permit is made subject to the following terms and conditions, to-wit: stables. No commercial activity to be allowed, i.e., renting of 2. Must comply with all requirements of present and future Animal Control Ordinances. 2 8. The proposed building or barn must not be located closer than fifty feet (BO') to any property line. 4. Be limited to one (1) building 86'x140' to include guest quarters and stalls. 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 inthe 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 APPROVEDON FIRST READING this /~-~ ~9872 'b/,,~,'-L Mayor ATTEST: C i ty~e c re t~'~/~ar~ day of day of ;ATTEST: PASSED and APPROVED ON SECOND AND FINAL READING this Mayor APPROVED AS TO FORM: VOTING RECORD (FIRST READING) JANUARY 12, 1987 Voting "Aye''·- Councilmembers Roberts, Tetens, Frauenberger, Bost, and Mack. Voting "No" - None VOTING RECORD (SECOND READING) JANUARY 26, 1987 Voting "Aye" - Councilmembers Mack, Bost, Frauenberger, Tetens, and Roberts. Voting "No" - None PUBLICATION DATE: JANUARY 30, 1987 EFFECTIVE DATE: FEBRUARY 9, 1987 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 4 OFFICE OF THE CITY SECPj~T~aY CITY OF P~ND, TEXAS TO: Mark G0emann DATE: January 27, 1987 Engineering· - Public Works' At the January 26, 1987 meeting of the' City Council of the City of 'Pearland, Texas, the following matter was referred to you for appropriate disposal or for specific action as //~dicated: Please amend the Land Use District Map. in accordance. with the .. attached Ordi nances. Thank .you.· Documents 'attached: r Ordinances Noi' 5094' &' 509-8 cc: Bill Thomasset·' .- Suspense aate (s): City SeCreta~~'l ZONING CHANGE REQUESTED. ( ) Change in Regulations in .Section (X) Change 'in Zone Class ~From: R-2 ¢T0: SPECIFIC USE "EXHIBIT A" CITY OF PEARLAND LAND USE CHANGE APPLICATION . BOARD OF.ADJUSTMENT & APPEAL '( ) Variance Appeal' ( ) Appeal from Interpretation (X) Special Exception Use HUSBANDRY,:AND P~CCESSORY BUILDING IN A ' R-2 RESIDENTIAL ZONE PROPERTY IDENTIFICATION Street or Road Address: 13206 Hatfield Road ' · Lot 13 ,~~SZ ~)/ Addition Allison Richey Gulf Coast Home Co. Suba. SUBMITTAL INFORMATION ~ cz~~ 1. Must be professionally drawn 5. Tract Dimension 2. Minimum scale of 100' to inch. 6~ Location, size, relationship . 3. North Arrow of all existing ~tructures to 4. Site Map attached Boundary lines LEGAL DESCRIPTION Describe from Deed Records, attach copy of Deed, and use metes and:bounds description; P1 atted Lane: (See Metes & Bounds attached) Unplatted Land: (Must have metes & bounds description). PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: (See attachment) RECORD OWNER: John.J. Adams', M.D. OWNER'S MAILING ADDRESS & PHONE NO.: 908 E. Southmo~'e, Pasadena, TX:(713) 477-2048 NAME & ADDRESS OF MORTGAGEE, if any: AGENT ' S NAME: w. ~. Hemphill PHgNE NO.: 946-2916 AGENT'S MAILING' ADDRESS: 12211Paln~on, Houston, TX 77034 PETITION SIGNATURE FEE: $ DATE FILED: .///~0/~. 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 APPLICATION NO. SP-7 ~.:S_P_-:.8.--. .... - "EXHIBIT 8" ` - THE fr r '.� Ir . Pearland • P.O. Box 1830 • Pearland, Tx. 77581 - 485-2785 PUBLISHER AFFIDAVIT STATE OF TEXAS COUNTY OF Brazoria Kenneth Carr, Publisher of thePearland Journal , a newspaper published in Brazoria , County, State—of Texas, personally appeared before me the undersigned, a notary public within and for the said state, who being duly sworn, states on oath that the notice of Joint Public Hearing—City Council & Planning and Zoning commission a true copy of which is hereto attached, was published in said newspaper in its issue of 29 day of Nov , 19 86 K nnetn arr Publisher Sworn to and subscribed before me this �C'_day of.h eC_. , 19 S . _ _LEGAL NOTICEL— i / Yri ., 414r--/4-__L-- '" . November25, 198& ,, Y an M. Hale, No ary Pub is i- ` " " ' � and for the State of Texas 1 NOTICE OF A JOINT PUBLIC HEARING &s } : OF THE CITY COUNCIL Commission expires (3�)/ -9� :,�� < AND',: .�; ,; .THE PLANNING AND ZONING.. ::`-" COMMISSION OF THE CITY':-:' ' ' ..:�._:-_.-OF PEARI.AND,TEXAS.= :. __ Notice is hereby given that on the 15th, Lot ;13, Section 6; H. T & B. R. R.'Co ` ::day of December, 1986,at 7:30 P. M.,the" _Survey, Abstract 544, Allison Richey Gulf. City Council and the Planning and Zoning Coast Home Co. Subdivision (13206-, . Commission of: the City of 'Pearland Hatfield Road)' - ' .Brazoria and Harris Counties, Texas will` F ''.' conduct a Joint Public Hearing in the ;:. At such time and place as above stated the:: Council Room, City Hall,-2335 N.`Texas' City'Council and the Planning and Zoning": ="Avenue, Pearland;Texas,on the request of Commission will hear all evidence W.A. Hemphill, Agent for John J: Adams, '-_,concerning advisability of granting the`�: Owner;for Specific Use Permits or ::.. Specific Use Permits and also will hear all ' all�-of the following: (SP-7) Agricultural evidence in protest of the granting of said Animal._ Husbandry and (SP$) Farm Specific Use Permits. _; _ Accessory Building, in an R-2 Residential ' District on: the following described : k ' Kay Krouse ,_ property,to-wit: t -.: City Secretary.i Quicki-Note® - Date_ January, 27 19 87 To I Subject . THE .JOIIRNAI Ordinance No. 509-7 . Pearland, Texas • Please publish the attached legal nn the following date! January 30, 1987 • Thank you. • • 47-231 Poly Display Pack (50 Sets) From • • .b.. 47-232 Desk Dispenser (125 Sets) • Matle in U.SA �•"__-�' Ku �irL�--r. .-�" City S- retary of Pearla , exas • ORDINANCE NO. 509-7 • 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 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. , 1987. arn (43f Mayo r - • ATTEST: City Secretary PASSED and APPROVED ON SECOND AND FINAL READING this ot day of 0/5/ 1..64:.-,t,-7— , A. D. , 1987. 1 c--=- .91-7,--1. "1-2.. Mayor • ATTEST: , City S retary APPROVED AS TO FORM: Attdrney VOTING RECORD (FIRST READING) JANUARY 12, 1987 Voting "Aye" - Councilmembers Roberts, Tetens, Frauenberger, Bost, and Mack. Voting "No" - None VOTING RECORD (SECOND READING) JANUARY 26, 1987 Voting "Aye" - Councilmembers Mack, Bost, Frauenberger, Tetens, and Roberts. Voting "No" - None • PUBLICATION DATE: JANUARY 30, 1987 EFFECTIVE DATE: FEBRUARY 9, 1987 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. • •