Ord. 509-384 12-13-99 FailedORDINANCE NO. 509-384
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 CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATION BEING 26.88 ACRES OUT OF THE H.T. & B.R.R. CO.
SURVEY, SECTION II, A-239, BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 824) (VETERANS ROAD) FROM CLASSIFICATION LIGHT INDUSTRIAL
DISTRICT (M-1) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST
OF MARK NICHOLAS, AGENT FOR LIQUID TRANSPORTERS, INC., 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, Mark Nicholas, agent for Liquid Transporters, Inc., Owner, filed on
August 27, 1999, an application for amendment pursuant to Section 28 of Ordinance No. 509,
the Land Use and Urban Development Ordinance of the City, for approval of a change in the
land use as provided for in said Section 28, 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
WHEREAS, on the 8th of November, 1999, 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 thereto 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 16th day of November, 1999, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Mark Nicholas, agent for Liquid Transporters, Inc., Owner, whereby
the Commission recommended and approved a change of classification for the property
described in Exhibit "A" from its existing classification of Light Industrial District (M-1) to Heavy
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Industrial District (M-2); and;
WHEREAS, upon 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 a regular meeting on December 13, 1999, 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 Mark Nicholas, agent for Liquid Transporters, Inc., Owner, 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:
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as Light Industrial District (M-1) to is hereby for all
purposes changed and reclassified as Heavy Industrial District (M-2); such property being
more particularly described as:
Being 26.88 acres out of the H.T. & B.R.R. Co. Survey, Section II, A-239, Brazoria
County, Texas (Veterans 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.
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III.
The City Council of the City of Pearland finds and determines that the amendment
adopted herein promotes the health, safety, 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 City.
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 reclassification of the herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second. and
final reading.
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ORDINANCE NO. 509-384
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 1999.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this day
of , 1999.
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
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November 16, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 824
Request of Mark Nicholas, agent for Liquid Transporters, Inc., owner, for an amendment
to the Land Use and Urban Development Ordinance of said City from Light Industrial
District (M-1) to Heavy Industrial District (M-2) on the following described property, to
wit:
Being 26.88 acres out of the H.T.&B R.R. Co. survey, Section II, A-239, Brazoria Co., TX
(Veterans Road)
Honorable Mayor and Council Members:
At a regular meeting held on November 15, 1999, after the Joint Public Hearing, the Planning and
Zoning Commission considered the above -mentioned request.
A motion was made by Vice -Chairman Tommy Scott and seconded by Commissioner Charles
Viktorin to recommend approval of Zone Change Application No. 824.
Motion to approve passed 4 to 2.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission
08/2RUG.25.19991:Y3:41PPM8S8g�RIMRC TRRNSPORTI AUBACH COMPANY
NO.017
P.2 2 R002
CITY Olt PEARLAND
ZONE CHANGE APPLICATION
revised 3/5/96
x Change in zoning Classification from: rr_i to: 14-2 rrea.yy Industrial
Change in Regulations in Section ft:
rr Specific Use for: • cr„ne • a�=d r fi t, ri_y=card asphalt Plant and
adq—Mixed toncrete operation.
Property address; Mannolia IndustrisL #1-2 `earlandl, Veterans Rd., Pearland, Texas
Lot #1 Sec #2
Block: #1
Subdivision: magnolia
Males & Bounds Description:
(unplatted property only; attach survey) 26.88 Acres (See att arhS)
Tax 1,D. number,
Proposed use of land within requested designation; stone distribution_ yard with rail access,
inoindine an asphalt plant ready -mixed. consrate plant and a reprocessing operation for
recycled concrete.
Record owner's name:
Owner's mailing address: Liquid Tranavorters Inc.. 3939 Atkinson Dr-, Louisville,
Kentucky 40218. Attn.: Mr. Lee Perm
Owner's telephone number;
r502) 459-5122_ est. 110
Agent's name: The Staubacb Company - Mr.' Mask Nicholas SIOR
Agents mailing address: One 8iyrervav_ Suite 1850. Houston. Texasj70j6
Agents telephone number: (713) 888=4024
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 to allow a residential use in a business zone (OP, NS, GB), 1 acknowledge that such use
may be incompatible with c enl and future uses on properties In my vicinity.
Owner's signature:
Agents signature:
08/25/99 WED 14:19 [TX/RX NO 75681
ZONE P
ZONE-.M-1
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ZONE M—,
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SD SUBURBAN DISTRICT
R-2 MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
MH MOBILE HOME PARK DISTRICT
C COMMERCIAL DISTRICT
PUD PLANNED UNIT DEVELOPMENT DISTRICT
M-1 LIGHT INDUSTRIAL DISTRICT
M-2 HEAVY INDUSTRIAL DISTRICT
ZONE M—Z
day of Poetised, Texas
LIQUID TWMe1PORiER% INC.
ZONE CHANGE
fry FROM
*pp. IMj824
Oats SEPT] 1999
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NOTICE OF A JOINT '
PUBLIC HEARING -OF THE
CITY COUNCIL AND THE
PLANNING -AND ZONING -
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby giyen'that on
.the 8th day of November,
1999, at 6:30 PM p.m., the
City Council and the Planning;
and Zoning Commission of.;
the City of Pearland, Brazoria;
and Harris. Counties, Texas,:
will conduct a Joint Public
Hearing ' in the Council
Chambers, City Hall, 3519
Liberty Drive, Pearland;
Texas, on the•request of The
Staubach Company, Mr. Marl
Nicholas, agent for Liquid
Transporters, Inc., owner, fo
an amendment to the Land
Use and Urban Development
Ordinance of .said City from
'Classification Light Industrial
District (M- .1) to Heavy;
Industrial District (M-2) on the
following described property,.
to wit:
26.88 acres out of the H. T. &
-B R:R=Co; surveyi-Seetion'll,•---
_A-239, Brazoria Co., ,TX
(Veterans Road),
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
Young Lorfing
City Secretary
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
ehland,Texas 77581
State of Texas
Brazoria and HarrisCounties
I, Randy Emmons, hereby certify that the notice hereby appendedwas published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
19
No. / i Date
Date 19
Date . 19
Date 19 `
Date 19
resident
bscribeand sworn_ to before me this day of
itacAnn3EinnIQn§.; blisher
Notary Public,. State o exas
NE
RD
NOTICE OF ' A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 8,th day of November,
1999, at 6:30 PM p.m., the
City Council and the. Planning
and Zoning Commission of
the City of Pearland, Brazoria
and Harris Counties, Texas,
.will conduct a Joint Public
Hearing , in the Council,
Chambers, City Hall, 3519
Liberty Drive, Pearland,
Texas, on, the request of Pie
Staubach Company, Mr. Mark
Nicholas, agent for Liquid
Transporters, Inc., owner, for
an amendment to the Land
Use and Urban Development
Ordinance of said City from
Classification Light Industrial
District (M- 1' )_ to Heavy
Industrial District (M-2) on the
fdllowing describe d property,
to wit:
26.88 acres out of the H. T. &
B. R.R: Co. survey,'Section II,
A-239, Brazoria Co., TX
(Veterans Road)
At'said hearing all interested
parties shall have the right
and opportunity to appear and
be heard. on the subject.
Young Long,
City Secretary
APPLICATION NO. 824
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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 sworn to before me this
19
i43rtialQiaspf Pabl
g; s "` Commission Expires.9-9-02 ..