Ord. 2000CUP-16 2008-05-12ORDINANCE NO. 2000CUP-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
REAL PROPERTY, LOCATION BEING 6.2244 ACRES OF LAND,
ABSTRACT 232, H.T. & B.R.R. COMPANY SURVEY, TRACT 28A-39,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF HALIK ROAD, AND
APPROXIMATELY 1,100 FEET WEST OF STATE HIGHWAY 35 (MAIN
STREET)), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-
15), TO ALLOW FOR A "BIO-DIESEL PLANT" IN THE LIGHT
INDUSTRIAL DISTRICT (M-1 ); AT THE REQUEST OF HOUSTON FLEX
FUELS, LLC, APPLICANT FOR AMERICAN RICE GROWERS
COOPERATIVE, INC., OWNER; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE
INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE
CITIZENRY.
WHEREAS, Houston Flex Fuels, LLC, applicant for American Rice Growers
Cooperative, Inc., owner, filed an application for a Conditional Use Permit for certain
property, said property being legally described in the original applications for
amendment attached hereto and made a part hereof for all purposes as Exhibit "A", and
more graphically depicted in the location map attached hereto and made a part hereof
for all purposes as Exhibit "B"; and
WHEREAS, on the 21St day of April, 2008, 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 "C", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 1St day of May, 2008, the Planning and Zoning Commission
ORDINANCE NO. 2000CUP-16
of the City submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit application by Houston Flex Fuels, LLC, applicant for
American Rice Growers Cooperative, Inc., owner, whereby the Commission
recommended approval of the Conditional Use Permit, said recommendation attached
hereto and made a part hereof for all purposes as Exhibit "D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on May 12, 2008; 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 Houston Flex Fuels, LLC, applicant for American Rice Growers
Cooperative, Inc., owner, presented which, in the judgment of the City Council, would
justify the approval of said application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate limits of
the City of Pearland, Texas, and presently classified as Light Industrial District (M-1 ), is
hereby granted a Conditional Use Permit to allow fora "bio-diesel plant"; such property
being more particularly described as:
6.2244 acres of land, Abstract 232, H.T. & B.R.R. Company Survey, Tract 28A-
39, City of Pearland, Brazoria County, Texas (Generally Located on the South
Side of Halik Road, and Approximately 1,100 Feet West of State Highway 35
(Main Street))
Section 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
Page 2 of 4
Ord No 2000CUP-16
ORDINANCE NO.2000CUP-16
law have been accomplished. 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.
Section III. The City Council of the City of Pearland finds and determines that
the approval herein granted promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
Section 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.
Section 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 City.
Section VI. This Ordinance shall become effective after its passage and
approval on first and only reading.
Section VII. Declaration of Emergency. The Council finds and determines that
the need to regulate land use inures to the benefit of the public and, therefore, bears
directly upon the health, safety, and welfare of the citizenry; and that this Ordinance
shall be adopted as an emergency measure, and that the rule requiring this Ordinance
to be read on two (2) separate occasions be hereby waived.
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the 12th day of May, 2008.
Page 3 of 4
Ord No 2000CUP-16
ORDINANCE NO. 2000CUP-16
c~'ylJ
TOM REID
MAYOR
ATTEST:
``e~i~Lt~~CA~;
UN IN , T C ~~;~,
ITY CRETARY ._,,,,
APPROVED AS TO FORM:
~a..._: h _ ~..
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-16
Exhibit "A"
Application
Ordinance No. 2000CUP-16
'~ '~~
APPLICATION FOR A
CONDtTlONAL USE PERMtT
(CUP)
Page T of Application
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www. cityofpearland.com
Conditional Use Permit Request for: ~ ~`~ cQ; 2 S z j d 1 Q n~
:.
(IEst proposed use) -
Current Zoning District: Cd M ~' a /G: ~~ ~ r'l
Property Information:
Address or General Location: L~ y ~ j ~ ~ c. B ~ l; e / ,FAQ V~ d~~ j G~~ ~jC
Tax Account No.:
Subdivision:
Lot: 81ock:
PROPERTY OWNER INFORMATION"`: If there are multiple property owners, please list on a separate
sheet of paper and attach to this application.
~vr-uvtc ~t~t t r-!~ LW ~.^(-~' c., ~r~'}iV~ IJC.
ADDRESS_ y ~ 0 i if~ti ~ ~ C~Y• v EY' [~' c~, 'Must be the
p current property
CITY C •~t~- } t~,t~1 r~ STATE ~7r• ZIP_~ 7 ~ ~t ( owner at the
PHONEI 1 ~ 3 )_ ~ 1 ~ - •2'L~s- time of the
submittal of the
FAX ?( t 3 ) ~ l ..z..-- Z. ,~~ ~ application, not
the party that
E-MAIL ADDRESS .~ ~ ~ jli= ~y~ IAA N~ ~'- has the property
under contract.
APPLICANT INFORMATION:
NAME ~~uc~-,,n ~~~,~ ~~ ~~ LLB
ADDRESS_3~c~G ,/~ ~ 14~~ G/oye.
CITY,~~r ~~,,~ GQ STATE.._;ZIP ~ ~ 4 ~ ~
PHONE 2( ~'~ ) 1-I(~ 0 - '1 '3 J~
E-MAIL ADDRESS l.J t~ `j-~, SS << ~ Q ~, C~ M
LOCATION MAP
Conditions! Use Permit
No. CUP2008-15
0 300 600 Feet
N liiil I
W~E
5
Map Prepared on April 2, 2008
Exhibit "B"
Location Map
(lrrlinanca Nn 7flfl(lrl1P_1F
Exhibit "C"
Publications
AFFIDAVIT OF PUB~._ ~. Ordina~ceNo.2000CUP-16
The Pearland Reporter News =
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for ~ issues, as follows:
No. f Date `T' ~~ 20 ~_
No. Date 20
No. Date 20
No. Date 20
No. Date 20
CFO
Subscribe and sworn to before me this
2012£
3
day of
• ~t~~~ LAURA ANN EMMONS
Notary Public, State of Texas ~
"~,,FO~~.+' My Commission Expires 09-09-2010
Laura Ann Emmons
Notary Public, State of Texas
~P ~ e~o~c - - ~
PubNshed Apr(12, end
AprU 9, ?008
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND .THE PLANNING
AND ZONING COMMIS-
810N OF THE CITY OF
PEARLAND,TEXAS
CONDITIONAL USE
PERMIT N0. CUP2008.16
Notice Is here-
by given that on April 21,
2008, at 8:30 p.m., the Ciry
Council and Planning and
Zoning Commission of the
Ciry of Pearland, In
Brazorla, Harris and Fort
Bsnd Counties, Texas, will
rx>ndtrct a Joint publk; hear-
ing in the Coundl
Chembero of Ciry Hdl,
bated at 3619 Llt»rry
Drlw, Pearland, Texa, on
the request of Houston
Flex Fwle, LLC, applicant
for American Rice
Growers CoopereUve, Inc.,
owner, for approval of a
,Conditional Use Perrnlt for
e "blo-diesel plant" in the
Light Industrial District (M-
I), on the following
described property, to wit:
6.2244 acres of land,
Abstract 232, H.T. &
B.R.R. Company Survey,
Tract 28A-39, City of
Pea~and, Brazoria
County, Texas (Generally
Located on the South Side
of Halik Road, and
Approximately 1,100 Feet
West of State Highway 35
(Main Street)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on
the subject.
Theresa Grehmann
Senior Planner
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News ~ - -_
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd `Itllorrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for 7 issues, as follows:
No. ~ Date `7 '' 9 20~:
" No. Date ~ 20
No. Date 20
No. Date 20
No. Date 20
CFO
Subscribe and sworn to before me this /~ day of
20 b ~ - - ll ~.
~Lir~A ANN EMMONS
. ~ Notary Public, State of Texas
' ` ~+.,,~..*' My Cornrnssion Expires 09-09-2010
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Publhhad Aprtl2, and
AprS 9, 2005
NOTICE. OF A JOINT
PUBLIC HEARING' OF
THE CITY . COUNCIL
AND THE PLANNING
AND ZONING COMMIS-
810N OF THE CITY OF
PEARLAND,TEXAB
CONDITIONAL USE
PERMR N0. CUPZ008.15
Notice Is hereby given that.
on April 21, 2005, at 6:30
p.m., the City Coundl and
Planning end Zoning
Commission of the Clty of
Pearland, 'in Brazoria,
Harris and Fort Band
Counties, Texas, will con-
duct ajoint public hearing
In the Coundl Chambers
of Clty Hail, located at
3519 Liberty Drive,
Psartand, Texas, on tirs
request of Houston Flex
Fusb, LLC, applicant for
American Rice t3rowere
Coopsretlvs, Inc., owner,
for approval of a
Conditional Use Pertnft for
a "blo•dieael plant" In the
Light IndueUial Disdict (M-
1), on the following
desalted property to wft:
6.2244 acres of land,
Abstract 232, H.T. 8
_ B.R.R. Company Survey,
Tract 28A-39, City of
Pearland, Brazoria
County, Texas (Generelry
Located on the South 31de
of Helik Road, and
Approximately 1,100 Feet
Weft of State Highway 36
(Main Street)
At said hearing all interoat•
ed parties shall have the
right and opportunity to
appear and be heard on
the subject.
Theresa (3rahmann
Senior Planner
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000CUP-16
~ ~ i ~
a~~ o~. om~sslo~
Recommendation Letter
y- -
May 1, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit No. CUP2008-15
Honorable Mayor and City Council Members:
At their regular meeting of April 21, 2008, the Planning and Zoning Commission
considered the following:
A request by Houston Flex Fuels, LLC, applicant for American Rice Growers
Cooperative, Inc., owner, for approval of a Conditional Use Permit fora "bio-
diesel plant" in the Light Industrial District (M-1 ), on the following described
property, to wit:
Legal Description: 6.2244 acres of land, Abstract 232, H.T. & B.R.R. Company
Survey, Tract 28A-39, City of Pearland, Brazoria County,
Texas
General Location: Generally Located on the South Side of Halik Road, and
Approximately 1,100 Feet West of State Highway 35 (Main
Street)
Commission Member West made a motion to recommend approval of the conditional
use permit request, which was seconded by Commission Member Koza. The vote was
7 - 0. The conditional use permit was recommended for approval by the Planning and
Zoning Commission.
Sincerely,
~ieresa A, ~rahmann
Theresa Grahmann, Senior Planner, on behalf of the Planning and Zoning Commission
Page i of 1