Ord. 509-148 06-23-97ORDINANCE NO. 509-148
AN ORDINANCE 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 FOR BLENDING AND STORAGE
OF PETROLEUM PRODUCTS ON THE FOLLOWING PROPERTY, TO-WIT:
LOT 34 OF THE SUBDIVISION OF SECTION 3, HTBRR CO. SURVEY, A-
232, RECORDED IN VOLUME 29, PAGE 43, OF THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS. (1871 MYKAWA ROAD) (SPECIFIC USE
PERMIT NO. 55) AT THE REQUEST OF PEARLAND ASSOCIATES, L.P.,
OWNER, 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, Pearland Associates, L.P., owner, filed on April 16, 1997, an
application for a 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 blending and storage of petroleum products 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 9th June, 1997, 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 9th day of June, 1997, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed application of Pearland Associates, L.P., owner, whereby the Commission
recommended and approved the issuance of a Specific Use Permit to allow blending
and storage of petroleum products; 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
June 9, 1997; 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 Pearland Associates, L.P., 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:
I.
There is hereby issued a Specific Use Permit to allow for blending and storage
of petroleum products on the following described property located within the corporate
limits of the City of Pearland, Texas, and presently classified as a Heavy Industrial
District (M2):
Lot 34 of the subdivision of section 3, HTBRR Co. Survey, A-232,
recorded in Volume 29, Page 43, of the Deed Records of Brazoria
County, Texas. (1871 Mykawa Road)
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, morals, 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.
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 City.
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.
PASSED, APPROVED, and ADOPTED on the first reading this (~-~ay of
<~/~ , 1997. ~~
Tom Reid, Mayor
ORDINANCE NO. 509-148
ATTEST:
and ADOPTED on second and final reading this
,1997.
Tom Reid, Mayor
ATTEST:
' /
~ 'Y~u~~' '~"~ry
APPROVED AS TO FORM:
.~,~ee/tg~7 i.~: z3. ,AJ.,:,~- ,e
...... (:l~Fi.~m,~i~l: .......... -.: -- ,
'_-~ ~ ~ · I - -
.... . -.. :,, _ :'- ~ - - .. .:
- ,v _ ~"""-- f' - -" .... "~ '~ ~ ' ~ " ': '
~41~~ ~: L87L ~a R~l~, Fearla~, ~ : .._ _ --
.
b -.,..~ · - ~.. . - .... r,. -- -
,
.......... ~-& --. ., ....... ,
~m ~.~
ZONE M- 1
,4
R.O.W. (NOT OPEN)
ZONE M-1
B7~ MYKAWA
ROAD
i
SHANK ROAD
/-
ZONE M-1
ZONE M-2
ZONE M-1
ZONE M-t
ZONE C
C
M-1
M-2
S
COMMERCIAL DISTRICT
LIGHT INDUSTRIAL DISTRICT
HEAVY INDUSTRIAL DISTRICT
SPECIFIC USE PERMIT
ZONE C
Z~Fi~0%HANGE
~= TO
Ida MAy, 1997 HQeZ:I*,,, 400' 1
Vlgff n°--
een IFJ.F_8. CAO trlt~
came I~C.R. LO~6 07-1045 (~' I
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 of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date ~/
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribe and worn to before me this
19 '~r/
Editor
day of
Notary Public, State of Texas
Laura Ann Emmons, Publisher
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 of general
circulation in Brazoria and Harris Counties, for ~ issues, as follows:
Subscribe and worn to before me this
19 '~q
Editor