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Ord. 509-003 07-14-86ORDINANCE NO. 509-3 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 THE MF (MULTI-FAMILY) ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, William E. Wolff, Owner, filed on or about May 16, 1986, 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 2nd day of June, 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 al 1 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 6th day of June, 1986, the Planning and Zoning Commission of the City submitted their report and recommendation to the City Council regarding the proposed application of William E. Wolff, 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 June 9, 1986; 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 William E. Wolff, Owner, for a Specific Use Permit for Agricultural Animal Husbandry, 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: I. 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 MF (Multi-Family) Zoning District: Tract A, 4.745 Acres of Land; Tract B, 4.745 Acres of Land; Tract D, 4.7447 Acres of Land; and Tract E, 4.743 Acres of Land, all being a part of Tract 162 of the Subdivision of the H. T. & B. R.R. Company Survey No. 28, Abstract 551, Brazoria County, Texas (being a total of 18.98 acres). II. The issuance of said Specific Use Permit is made subject to the following terms and conditions, to-wit: The use shall conform to present and future animal control ordinances of the City of Pearland, Texas. 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 comoetent 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., 1986. Mayor day of ATTEST: PASSED and APPROVED ON SECOND AND FINAL READING this __/.~ day of .... _~~ ....... , A. D. , 1986. Mayor ATTEST: APPROVED AS TO FORM: VOTING RECORD (FIRST READING) JUNE 23, 1986 Voting "Aye" - Councilmembers Mack, Bost, Frauenberger, Tetens and Roberts. Voting "No" - None. VOTING RECORD (SECOND READING) JULY 14, 1986 Voting "Aye" - Councilmembers Mack, Bost, Frauenberger, Tetens, and Robert s. Voting "No" - None. PUBLICATION DATE: JULY 18, 1986 EFFECTIVE DATE: JULY 28, 1986 PUBLISHED AS REQUIRED BY SECFION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 3 CITY OF'PEARLAND LAND USE CHANGE APPLICATION ZONING CHANGE REQUESTED ( ) Change in Regulations in ( ) From: Section Change in Zone Class BOARD OF ADJUSTMENT & APPEAL (.) Variance Appeal ( ) Appeal from Interpretation (xx) Special Exception Use For: Agricultural Animal Husbantry TO: PROPERTY IDENTIFICATION Street or Road Address: Lot , Block Tract A B D E Being a part ofTtact 162 of the SUBMITTAL INFORMATION 1. Must be professionally drawn 2. Minimum scale of 100' to inch. 3. North Arrow 4. Site Map attached LEGAL DESCRIPTION Tract Dimension 633' X 1305' (18.98 Ac) Location, size, relationship of all existing structures to Boundary lines /&/on~ Describe from Deed Records, attach. copy of Deed, and use metes and bounds description: Platted Lane: Unplatted L~nd:' (Must have metes & bounds description) PROPOSED USE'OF LAND WITHIN REQ6ESTED DESIGNATION: Field Crops and Grazing RECORD OWNER: William E. Wolff and wife Mary Wolff OWNER'S MAILING ADDRESS & PHONE NO.: 2703 Shakespeare Pearland, Texas 485-7575 NAME & ADDRESS OF MORTGAGEE, if any: NA AGENT'S NAME: NA PHONE NO.: AGENT'S MAILING ADDRESS: PETITION As Owner/~m~l~, I hereby petition the City for approval of the above described request as provided by the laws of the State of Texas and Ordinances of the City of Pearland. SIGNATU,~~,_~z ~ Owner /~,~ SIGNATURE AGENT FEE: $ ,.5'g). ~ DATE PAID: J'-/~ ']/~ DATE FILED: ~ -/~- ~/~' APPLICATION NO. ,~'?-- / EXHIBIT "B" • THE • . r .•0 '• • • -�., Pearland • P.O. Box 1830 • Peanand, Tx. 77581 -• 485-2785 PUBLISHER AFFIDAVIT STATE OF TEXAS • COUNTY OF Brazoria . Kenneth Carr Publisher of the Pear1a.nd ,Tn:irn2l , 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 pi anning & Zon1•nrr Board a true copy of which is hereto attached, was pu-dished in said newspaper in its issue of 23 day of May , 19 86. /(/-e--,n-/-)---( ,-(>i,‘ ) 0(1-4,-2_ _,/ Kenneth Carr Publisher • Sworn to and subscribed before me this --'1 day of : . , 19 SJ(. /? 'Y; - Uban M. Hale, Notary Public in and for the State of 'Itixas Commission expires '-//— 15 - LEGALNOTIC� - LEGALNOTICE`: LEGAL NOTICE - : z � . 'AY such time and above stated the . . • NOTICE OF-.A JOINT PUBLIC HEARING OF- Accessory Building (3) Radio or Television CityCouncil and placethe asnabov ands ed the i THE CITY COUNCIL AND THE PLANNING or Microwave Towers,,and (4) Private Gun Commiusicn .will a hearn all- vidence AND ZONING COMMISSION OF THE CITY Club for Shotgun Use Only for Skeet•and Trap Shooting`on the following described concerning advisablity of granting said OF PEARLAND,TEXAS property to-wit:_ - Specific Use Permits and also will hear all - -evidence in protest of the granting of said Notice•is hereby given that on the 2nd day Tract A, 4.745 Acres of Land; Tract 8, Specific Use Permits. Councilf .Lune, 1 d86, at PlanningP and.-Z City 4.745 Acres of Land;Tract D.4.7447 Acres- ' Krouse,'" and the and.`Zoning of.Land;and Tract E, 4.743 Acres of Land,_i City Kay Krotary..7.., Commissiona of the City so T xasPear will all Beinga`Part ,of Tract :162 of. the Brazoria and Harris Counties,. Texas, will s Subdivision of the H.T. &._B..RR Company conduct a Joint Public Hearing in the Survey No. 28, Abstract 551, Brazoria Council Room, City Hall, 2335 N. Texas County. Texas, (Total of 18.98 Acres). This . •--_.-_- _T..._ ___,�____ .__;��__ ,:_._ _, .�. --. .--- Avenue, Pearland.Texas.on the request of Property is located 1000 Feet East of the William E:or all for Specific Use Permits: 1 4000 Block of South Main Street(Highway for any or of the following: (1) nQ,iriiltnral Animal Husbandry, (2) Farm 35). • • Quicki-Note® Date July 15 19 86. . -To, • Subject . • • THE JOURNAL Ordinance No. 509-3 Pearland, Texas • • • • •, Please publish the attached levil on the following date • July 18, 1986 , . • Thank you. • . • • ....,.. . • • • • 47-231 Poly Display Pack (50 Sets) From ct,„.„); (,• •-• 7.(9j1911.• 47-232 Desk Dispenser (125 Sets) ,Made in U.S.A. city-Se crtary., City of Pearland;.-Texal • • • • • • • • ORDINANCE NO. 509-3 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 THE MF (MULTI-FAMILY) 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 .,2.3 day of 1L1 , A . D . , 1986 .. . G}�Z Mayor ATTEST : J ✓r� City Secretary PASSED and APPROVED ON SECOND AND FINAL READING this /4/4 day of 5 , A . D . , 1980 . Ot Mayor ATTEST : City S cretary APPROVED AS TO FORM: 2.40- Cfity Attorney VOTING RECORD (FIRST READING) JUNE 23, 1986 Voting "Aye" - Cotmcilmembers Mack, Bost, Frauenberger, Tetens and Roberts. Voting "No" - None. VOTING RECORD (SECOND READING) JULY 14, 1986 Voting "Aye" - Coumcilmembers Mack, Bost, Frauenberger, Tetens, and Roberts. Voting "No" - None. PUBLICATION DATE: JULY 18, 1986 EFFECTIVE DATE: JULY 28, 1986 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS.