Ord. 509-239 09-28-98ORDINANCE NO. 509-239
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR
THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR
THE MACHINING, FABRICATION, AND MANUFACTURING OF PLASTIC,
RUBBER, AND METAL PRODUCTS, WITHOUT THE EMISSION OF
DETECTIBLE DUST, ODOR, SMOKE, GAS OR FUMES BEYOND THE
PROPERTY LINES OF THE LOT OR TRACT UPON WHICH THE USE IS
LOCATED AND CHANGING THE LAND USE FROM SUBURBAN DISTRICT
(SD) DISTRICT TO COMMERCIAL DISTRICT (C) ON THE FOLLOWING
PROPERTY BEING 4.9902 ACRES, THE N 1/2 OF LOT 47, H.T. & B.R.R.
CO. SURVEY, SECTION 85, A-304 ACCORDING TO THE PLAT RECORDED
IN VOLUME 2, PAGE 107, BRAZORIA COUNTY, TEXAS (1939 C.R. 93)
(SPECIFIC USE PERMIT NO. 65) AT THE REQUEST OF THOMAS
AMUNDSEN, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO
THE SUBJECT.
WHEREAS, Thomas Amundsen, owner, filed on April 2, 1998, an application for
a land use change 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
for the machining, fabrication, and manufacturing of plastic, rubber, and metal products,
without the emission of detectible dust, odor, smoke, gas or fumes beyond the property
lines of the lot or tract upon which the use is located which is located 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 27th July, 1998, a joint public hearing was held before the
Planning and Zoning Commission and the City Council of the City of Pearland, Texas,
notice being given by 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 call and notice being in strict conformity with provisions of Section 28.3 and 28.4
of Ordinance No. 509; and
WHEREAS, on the 17th day of August, 1998, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed application of Thomas Amundsen, owner, whereby the
Commission recommended and approved the issuance of a Specific Use Permit to allow
for the machining, fabrication, and manufacturing of plastic, rubber, and metal products,
without the emission of detectible dust, odor, smoke, gas or fumes beyond the property
lines of the lot or tract upon which is classified as Suburban District (SD) changed to
Commercial district (C); and
WHEREAS, upon the receipt of the report from the Planning and Zoning
Commission, the City Council considered this application, and concurred with the
recommendation of the Planning and Zoning Commission, at its regular meeting on
September 14, 1998; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, having been fully advised in the premises, finds that in the case of the
application of Thomas Amundsen, owner, 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:
There is
fabrication, and
hereby issued
manufacturing
a Specific
of plastic,
Use Permit to allow for the machining,
rubber, and metal products, without the
emission of detectible dust, odor, smoke, gas or fumes beyond the property lines of the
lot or tract upon which is classified as Suburban District (SD) changed to Commercial
District (C):
Being 4.9902 acres, the N 1/2 of Lot 47, H.T. & B.R.R. Co. Survey, section
85, A-304 according to the plat recorded in Volume 2, page 107, Brazoria'
County, Texas (1939 C.R. 93)
II.
The City Council of the City of Pearland finds and determines that the recitations
in the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The
City Council further finds and determines that there has been compliance with the
mandates of law in the posting and presentation of this matter to the Planning and
Zoning Commission and to the City Council for consideration and decision.
III.
The City Council of the City of Pearland finds and determines that the Specific Use
Permit granted herein promotes the health, safety, moral's, and general welfare of the
public and is a proper valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
V.
All rights and remedies which have accrued in the favor of the City under this
Ordinance and its amendments thereto shall be and are preserved for the benefit of the
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to
the official Land Use District Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509, and consistent with the approval herein granted for the issuance of
a Specific Use Permit.
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
ORDINANCE NO. 509-239
PASSED, APPROVED, and ADOPTED on the first reading this } ~"' day of
o
ATTEST:
PASSED, APPROVED, and ADOPTED on second and final reading this
day of ..~.~1P Jrf.~/' , 1998.
Tom Reid, Mayor
ATTEST:
APPROVED AS TO FORM:
Co~k'er~L
City Attorney
sXl'!ll:ll I
Change in Regulations in Section #:
_ Specific Use for: *
Property address:
Lot~~57 Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
Tax i.D. number:
Proposed use of land within requested designation:
name: ] "
Owner's mailing address:
Owner's telephone number:
"7/5
Agent's name:
Agent's mailing address:
Agent's telephone number:
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 Ordinances of the City of Pearland. *On a Specific Use
Permit request ial use in a business zone (OP, NS, GB), I acknowledge that such use
may be incom tt future uses on properties in my vicinity.
, - 7~r ' · :
35 n,'
45
55
32
0
Z
<r,
36 Ld 46 56
'-'J ZONE SD
_J
ZONE SD
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ZONE SD
ZONE SO
38
48 58
ZONE:
39 49 59
jd2 ,' e2
SD
M-1
SUBURBAN DISTRICT
LIGHT INDUSTRIAL DISTRICT
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas.
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper el~ general
circulatior~ in Brazoria and Harris Counties, tot -_~Z ............issues, as follows:
No... / __ Date
No. Date
No. __ Date
No. Date
No. Date
19
19
19
19
Subscribe and sworn to before me this
,~'P'~Edito~r h"~ r~'~ f~
COUNCIL AND THE PLAN- ::
NING AND ZONING COM:
MISSION OF THE CITY OF
PEARLAND, TEXAS
6:30 p.m., th, C~iI~ (:;mj'n:qi '..
'and the Planning and Zoning
~.Commlssion ofthe City. Of '
:Pearland, Bm. zoda and .Hard6
Counties, Texas, will conduct
ia Joint Publ c Hearing jn the
Council Chambers City Hall,·
351~Uberty Ddve, Pearland,.
Texils, On the reqae~t o.[ .
~oo'Jas A. Amundsan~.owner,
for an amendment 19'tHi~'L~n~l
~s~ and Urban :De~10pment
"Ordinance of said City from
..Classification Suburban '
~:~evelopment (SD) to Ught '
'Jhdus. trial District (M-i) on the
~ wit:
· ....
......
i~." . ...,,. j';~"
and opportunity to appear and
be heard on the subject.
_.
AFFIDAVIT OF PUBLICATION
EXHIBIT
TIre Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for _ ..... /_ ........... issues, as follows:
No. Date
No. Date
No. Date
No. ____ Date
19
19
19
19
Subscribe and sworn to before me this
; Editor
day of %Y'~?
: .,,.'~?"~;?, LAURA A. EM~,i0f $
Laura Ann Emmons, Publisher
17 August 1998
Honorable Mayor and City Council
City Hall
Pearland, TX 77584
RE: Recommendation regarding Zone Change Application No. 299
On Monday, August 3, 1998, Mr. Thomas Amundsen, owner, requested an amendment to the Land
Use & Urban Development Ordinance on the following property, to wit:
Being 4.9902 ac., the N 1/2 of Lot 47, HT & B RR Co. Survey, section 85, A-304
according to the plat recorded in Vol. 2, pg. 107, Brazoria Co., TX (1939 C.R. 93)
The requested change was from Suburban Development (SD) to Light Industrial District (M-l). A
motion was made by Commissioner Mathis and seconded by Commissioner Beltz to approve
application 299.
The motion to approve passed unanimously.
If you have any questions or concerns regarding this application, please notify the Director of
Planning & Development prior to the next regularly schedule City Council meeting. Thank you for
you time and attention regarding this issue.
~~, Chairperso~/~(~'
Planning & Zoning Commission
cc: Dennis Smith, Director/Planning & Development