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HomeMy WebLinkAboutOrd. 509-064 10-09-95 Denied ORDINANCE NO. 509-64 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 TO ALLOW FOR A CONTRACTOR'S STORAGE AND EQUIPMENT YARD IN A COMMERCIAL DISTRICT (C) ON LOTS 12, 13, 14, AND 15 OF THE THOMAS AND GILBERT INDUSTRIAL TRACTS, SECTION 1 (3419 SWENSON), AT THE REQUEST OF DREW O'FARRELL, AGENT FOR BERKEL AND' COMPANY, OWNER, PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Drew O'Farrell, agent for Berkel and Company, owner, filed on August 28, 1995, 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 for a contractor's storage and equipment yard 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 day of October, 1995, 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 October, 1995, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed application of Drew O'Farrell, agent for Berkel and Company, owner, whereby the Commission recommended and approved the issuance of a Specific Use Permit to allow a contractor's storage and equipment yard in a 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 October 23, 1995; and ORDINANCE NO. 509-64 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 day of , 1995. Tom Reid, Mayor ATTEST: Yolanda C. Benitez, City Secretary PASSED, APPROVED, and ADOPTED on second and final reading this day of , 1995. ATTEST: Tom Reid, Mayor Yolanda C. Benitez, City Secretary APPROVED AS TO FORM: Amy Motes McCullough, City Attorney eO/-n4/IgOg lS! 3G 713 40~ 0337' O'FA~LL ~EALTV ** Change in Eoning .C.laesification From: TO z Change in Regulations Section, PACE e4 A U 6 2 8 1995 XSpecific Use Street or ~oad .~ddreesx ~Ots ll,13,1A,mnd .... f ~ . ........ ,. -, ,. m Unplatted ~nd: (~st ha~ mu~y m ~tes and bounds description) ,,. ~k./. '-- ,, x AS pWl~!J~c~-l~, Z heteb~ p~t~on t~ City for m~roval of the above descried toquest as provtd~ by the laws og the BEX!~BZT B~ AFFIDAVIT OF PUBLICATION Before me, the undersJgned authority,'on this day persons. appeared GLORIA BO!KE, Business' Manager for THE JOURNAL, newspaper having general circulation in Brazoria County, Texas, who being by me duly sworn, deposes and says that foregoing attached notice was published in said newspaper on the following date(s), to wit: Subscribed and sworn to this 19 q~ - (SEAL) , 19 , 19 . · NOTICE OF A JOINT PUBUC HEARING OF THE CITY COUNCIL AND THE PLANNING AND , ZONING COMMISSION OF THE CITY OF irr.r. ARLAND~ TEXAS Notice is hereby Iven tint on the 9th da oPOctober, 1995, at 7:0O ~.M. the City Council and the ~ian~i; and Zoni Commission d; n rrls Counties cill~ Ci~ Hall, I3 Liber,t;/irive, ear owner, for a $ ecific Use tor's storage and equi merit yard in a Comme~,~ District (C), on the foliow- ~:~described property, toI- Lots 12 13', 14. and 15 of the ~homas ~ Gilbert Industrial Tracis, Section 1 (3419 $wenson) At said headrig all interest- ed parties shall have th right and opportunity t! L : Yolanda C. Benitez , 1 ~ City Secretary IFIC USE NO 37 NOTARY PUBLIC STATE OF TEXAS · NIKKI KLEIN Notmy Public, State d Texas' My Commission Expire 05/17/98 "EXH16IT 6" 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 REPOR'~ER NEWS, a newspaper of general circulation in Brazoria and Harris Counties, for ,/ issues, as follows: No. / Date -~ ',~ No. Date 19 No. Date No. Date No. Date · Subscribe and worn to before me this 19 :' NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLAN- NING AND ZONING COM- .Notice is hereby giVin that on the 9th day of October, 1995, at 7 P.M., the City Council and the Planning and Zoning Commbalon of ~e City of Pearland, Brez0fie and-~ ~ Harris Counties, Tens, will con- *~'duct e Joint Public Hesdng in tM Coundl Rm, city Hall, ~.M19 Ubedy Dr., Pearland, :~;. TX, on the request of Drew O'Farrell, agent for Berkel Specific U~e Permit to allow: property, to-wit:. Lots 12, Tracte, Section I (3419 Swanson). At said hesdng all Interested parties shall: have the fight and 0pportu- nity to appear and be heard /e/Yehmda C. Betbz '~' ( day of/~~'. PEARS Cuj ©F1 ©©iiII©r8 V IF v y 3519 liberty Drive • Pearland, Texas 77581-5416 TEXA (713) 485-2411 • fax (713) 485-8764 November 1, , 1995 Mr. Drew O'Farrell O'Farrell Realty 331 E. Parkwood - Friendswood, Texas 77546 Re: Specific Use No. 37 - Request of Drew O'Farrell, agent for Berkel & Company, to allow for a contractor's storage and equipment yard in a Commercial District (C) - Dear Mr. O'Farrell: After considering the input from citizens at the Public Hearing on October 9 , 1995, and subsequent concerns from additional citizens, the City Council voted to deny the above Specific Use request at their regular meeting on October 23, 1995 . This is submitted for your information. Since ely, • Vl nda C. Benitez City Secretary sp r xc: Mr. Berkel ciPrinted on Recycled Paper cot, ©FJ P©©riII©rJ � v EXAS 3519 Liberty Drive • Pearland, Texas 77581-5416 (713) 485-2411 • fax (713) 485-8764 October 10, 1995 Honorable Mayor and Council Members City Hall Pearland,Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE NO. 37, THE REQUEST OF DREW O'FARRELL,AGENT FOR BERKEL AND COMPANY,OWNER, TO ALLOW FOR A CONTRACTOR'S STORAGE AND EQUIPMENT YARD IN A COMMERCIAL DISTRICT(C). Honorable Mayor and Council Members: The Planning and Zoning Commission, at a regular meeting held on October 9, 1995,after the joint public hearing, considered the above mentioned recommendation to the City Council. Commissioner Emil Beltz made the motion, seconded by Commissioner Jeffery O'Brien, to recommend to the City Council approval of Specific Use No. 37. Motion Passed 6 to 0. This is submitted for your consideration. Sincerely yours, Pat Lopez, Chairman Planning &Zoning Commission PL/jh 0 Printed on Recycled Paper •