Ord. 2000CUP-17 2008-06-09ORDINANCE NO. 2000CUP-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
REAL PROPERTY, LOCATION BEING 29.4145 ACRES OF LAND OUT OF
LOTS 172 AND 173 OF THE ZYCHLINSKI SUBDIVISION OUT OF THE
H.T. 8~ B.R.R_ COMPANY SURVEY, SECTION 27, ABSTRACT 308, AND
THE G. C. SMITH SURVEY, SECTION 28, ABSTRACT 551 , ACCORDING
TO THE PLAT RECORDED IN VOLUME 29, PAGE 9, OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST
SIDE OF STATE HIGHWAY 35 (MAIN STREET), AND ON THE SOUTH
SIDE OF INDUSTRIAL DRIVE), (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-17), TO ALLOW FOR A "PETROLEUM
PRODUCT EXTRACTION, REFINING, MANUFACTURER, AND
STORAGE" FACILITY, IN THE HEAVY INDUSTRIAL DISTRICT (M-2); AT
THE REQUEST OF ENVIRONMENTAL SERVICES GROUP, INC.,
APPLICANT FOR AIRGAS SPECIALTY GASES, 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, Environmental Services Group, Inc_, applicant for Airgas Specialty
Gases, 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 19th day of May, 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
ORDINANCE NO. 2000CUP-17
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 30th day of May, 2008, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit application by Environmental Services Group, Inc.,
applicant for Airgas Specialty Gases, 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 June 9, 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 Environmental Services Group, Inc., applicant for Airgas Specialty
Gases, 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 1. The following described property located within the corporate limits of
the City of Pearland, Texas, and presently classified as Heavy Industrial District (M-2),
is hereby granted a Conditional Use Permit to allow fora "petroleum product extraction,
refining, manufacturer, and storage" facility; such property being more particularly
described as:
29.4145 acres of land out of lots 172 and 173 of the Zychlinski Subdivision out of
the H.T. & B_R.R. Company Survey, Section 27, Abstract 308, and the G_ C.
Page 2 of 4
Ord No 2000CUP-~ 7
ORDINANCE NO. 2000CUP-17
Smith Survey, Section 28, Abstract 551 , according to the plat recorded in Volume
29, Page 9, of the Deed Records of Brazoria County, Texas, City of Pearland,
Brazoria County, Texas (Generally Located on the West Side of State Highway
35 (Main Street), and on the South Side of Industrial Drive)
The Conditional Use Permit is approved with the following condition:
1. The applicant submit a plat for the subject property within six (6)
months from the date of the approval of this ordinance.
Section 11. 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. 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 111. 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.
Page 3 of 4
Ord No 2000CUP-17
ORDINANCE NO. 2000CUP-17
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 9t" day of June, 2008.
~~] ~~~
TOM REID
MAYOR
ATTEST:
°~E_ARlgyo.,:
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UN N T "-~ -
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TY S CRETA Y = =
APPROVED AS TO FORM:
DARRIN M_ COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-17
Exhibit "A"
Application
Ordinance No. 2000CUP-17
APR 2 5 2008 ctty of Pearland
APPLICATION FORA ~ community Development
3523 Liberty Drive
_ ~~ ~ CONDITIONAL USE PERMIT pea and, T xa C77581
~C U P~ 28'1-652-1768
Page 1 of Application 28.1-s52--1702 fax
~/ ~www_cityofpeartand_com
/1 fN S f s4 l ~.4 ~i o./ //i'~doC.l ~ cd-i cA ~i GnJ ~
Conditional Use Permit Request for: c~ ~i4~2P~ ~S ~A ~!`
(Ilst pwpoasd uso)
_ ~ P~-hra 1-e l,t m ~ nO~l.uG-l-
~X'MO.cti vn~ r e~~ n ~ ~rLay
Current Zoning District: rnan gyn.-Fl~c-Fu r~e..~c- ci.i~d
5~G rGt~e~
Property Information: ' / ~/ ~ [ ` ~/J
Address or General Location: T'~ T 7 / /" ! A , ~ ~~.~ y~jQAJd /~7~~5
// a
Tax Account No_: ~ 6 - Q l ~/.2 Q fo
Subdivision: 7 u !~~ ~: nJ S K r
Lot: /~e2. A .~.) o~ l 7 3 Block:
PROPERTY OWNER INFORMATION": If them are multiple property owners, please list on a separate
sheet of paper and attach to this application_
CITY.
FAX
E-MAi L
'ATE T/Y ZIP 7 ~ SS-~
• Must be the
current property
owner at the
time of the
submittal of tha
application, not
the party that
has the property
under contract_
APPLICANT IN,F!ORMATION:
NAME f_.JU Us ~~.t/ MP1,/
CITY lt° d L STATE /~~.~ ZIP ~~'-oZd /
LOCATION MAP
Conditional Use Permit
No_ CUP2008-77
Exhibit "B"
N O 400 800 Feet
t ~ ~ ~ 1 I
W~E
S
Map Prepared on Aprii 30, 2008
Location Map
EXn~b~t °c•
AFFIDAVIT OF PUBL_ __ _ordinanceuN'o 2000CUP-17
The Pearland Reporter News -
2.404 South Park
Pearland, Texas 77581 ~ -
State of Texas
Brazoria and Harris Counties .
1, -Lloyd iVlorrow, 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.
No.
No.
No.
No.
Date ~ ~" " .3~ 2O c~~
Date 20
Date
Date
Date
20
20
20:
CFO
Subscribe and sworn to before me this ~~ day of
20_~ 8 ~ .~,~ t..A~i~A ANN IEMMONS
~: Notary Pc41ic, State of Texas ~//i~~
• r„~~ MY Commission Expires 09-09-2010
. __ w
Laura Ann Emmons, Publisher
Notary Public, State of Texas
~Q ~00~-1 ~
Ptrb.al,.d AprN 30, and
Mrty 7,, 2004
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
PEARLAND,TEXAS
CONDITIONAL USE
PERMIT NO. CUP2008-17
Notice is hereby given that
on May 19, 2008, at 6:30
p.m., the City Counal and
Planning and Zoning
Commission of Ilia Cfly of
Pearland, in Bra¢erie,
i
tiarrla and FoR Band
Counties, Texas, will con-
duct a Jofnt public hearing
In the Council Chambers
of City Hall, located at
3519. Liberty Drive,
Pearland, Texas, on the
request of Environmental
Services Group, Inc.,
applicant for Airgas
Specialty Gases, Inc.,
owner, for approval of a
Conditional Use Peirnit for
a "petroleum product
extraction. refining. menu-
facturer, and storage" facil-
ity, in the Heavy Industrial
District (M-2), on the fol-
lowing described property.
to wit:
14.7071 acres of land out
of lots 172 and 173 of the
Zychlinski Subdivision out
of the H.T. & B.R.R.
Company Survey, Section
27, Abstract 306, and the
G. C. Smith Survey,
Section 28, Abstract 551,
according to the plat
recorded in Volume 29,
Page 9, of the Deed
Records of Brezoria
County, Texas, City of
Pearland, Brezoria
County, Texas (Generally
Located on the West Side
of State Highway 35 (Main
Street), and on the South
Side of Industrial Drive)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on
the wb)ad-
Thar~sa Gratprrnn
3anlor PMrxrar
AFFIDAVIT OF PUBLICATION
- The Pearland Reporter News - _
2.4Q4 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 Bra.zoria, Harris
and Galveston Counties, for / issues, as follows:
No. ~ Date _ ~ ""' ~ 20 d ~?
• • No. ~ Date 20
No- Date 20
NO- Date
20
No. Date 20 "
CFO ,
Subscribe and sworn to before me this- ~ day of -
20
ao~aooa~
_ ~t~.g.~ f_.LitJ(3A ANN EMMONS -
Notary Public, State of Texas Laura nn Emmons Publisher
. - ~ F~.= MY Commission cxoires 09-09-2010 - -. ..
- ~"'= -"" Notary Public, State of Texas
G~~Q~r~o~- i~
PubBshsd AprM 30, and
May 7. 2008
NOTICE OF A JOINT
PUBLIC HEARING "OF
THE'CITY COUNCIL
AND
THE PLANNING AND
'ZONING COMlN18310N
OF THE CITY OF
PEARLAND, TEXAS-
CONDITIONAL USE
PERMIT N0. CUP2008-17
Notice is hereby gNen that
on May 19,`2008, at 6:30
p.m., the City Council and
Planning and Zoning
(;jommission of the City of
Pearland, in.. Brazoria,
Harris and Fort Bend
Counties, Texas, will con-
duct ajoint public hearing
in the Council Chambers
of City Hall, ,)grated at
3519 Liberty Drive,
Pearland, Texas, on the
request. of Environmental
Services Group, -Ina,
applicant for ' Airgas
Specialty Gases, Inc.,
owner, for approval of a
Conditional Use Permit for
a "petroleum. product
extraction, refining, manu-
facturer, and storage" facil-
ity, in the Heavy Industrial
District {M-2), on the fol-
lowing described properly.
to wit: , 14,TA7} saes; .of
land=~+t- of bts 172 -and
173. of the' Zychlinski
Subdivision out of the H.T.
& B.R.R. Company
Survey, Section 27,
Abstract 308, and the G.
C. Smith Survey. Section
28, Abstract 551, accord-
in9 b ttw ply reoordsd Y+'
Volume 28, Pegs 9, of the
pssd RecorQs.of BTa=orie
County. Texas. City of
Pearlend~ Brezoria
County, Texas (Generally
Located on tha. West Side
of Sta6a H 36 (Main
Street). and at-`t{je~South
s.,
Side, of Industrial Drive)
At said heating all interest-
ed parties Shall have the
right and opportunity to
appear and bs hearcJ on
the subject.
Therese Grehmann
SsMor PMnrwr
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2OO0CUP-17
Planning & Zoning Commission
Recommendation Letter
May 30, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit No. CUP2008-17
Honorable Mayor and City Council Members:
At their regular meeting of May 19, 2008, the Planning and Zoning Commission considered the
following:
A request by Environmental Services Group, Inc., applicant for Airgas Specialty Gases,
Inc., owner, for approval of a Conditional Use Permit fora "petroleum product extraction,
refining, manufacturer, and storage" facility, in the Heavy Industrial District (M-2), on the
following described property, to wit:
Legal Description: 29.4145 acres of land out of lots 172 and 173 of the Zychlinski
Subdivision out of the H.T. 8. B.R.R. Company Survey, Section
27, Abstract 308, and the G. C. Smith Survey, Section 28,
Abstract 551, according to the plat recorded in Volume 29, Page
9, of the Deed Records of Brazoria County, Texas, City of
Pearland, Brazoria County, Texas
General Location: Generally Located on the West Side of State Highway 35 (Main
Street), and on the South Side of Industrial Drive
Commission Member Koza made a motion to recommend approval of the conditional use
permit request, which was seconded by Commission Member Capehart_ The vote was 7 - O.
The conditional use permit request was recommended for approval by the Planning and Zoning
Commission. The Commission added the following condition to the approval of the conditional
use permit:
1. The applicant submit a plat for the subject property within six (6) months from the date
of the approval of this ordinance.
Sincerely,
~ITieresa A. GraFimann
Theresa Grahmann, Senior Planner, on behalf of the Planning and Zoning Commission
Page ~ of ~