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Ord. 509-356 10-25-99 FailedFailed 10/25/99 ORDINANCE NO. 509-356 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 LOT 33, SECTION 8, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-504, RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 819) (1930 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF FRANK SALVUCCI, AGENT FOR ANTHONY WELDED PRODUCTS, OWNERS, 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, Frank Salvucci, Agent for Anthony Welded Products, Owner, filed on August 5, 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 27th of September, 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 5th day of October, 1999, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Frank Salvucci, Agent for Anthony Welded Products, Owner, whereby the Commission recommended and approved a change of classification for the 1 property described in Exhibit "A" from its existing classification of Suburban Development District (SD) to Light Industrial District (M-1); 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 October 25, 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 Frank Salvucci, Agent for Anthony Welded Products, 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: The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) to is hereby for all purposes changed and reclassified as Light Industrial District (M-1); such property being more particularly described as: Lot 33, Section 8, Allison Richey Gulf Coast Home Co. Subdivision, H.T. & B.R.R. Co. Survey, A-504, recorded in volume 2, page 23, plat records of Brazoria County, Texas (1930 Garden Road) Il. 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 2 and to the City Council for consideration and decision. 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. 3 SEP-02-1999 11:58 ANTHONY WELD I NG P . 03/ 03 CITY OF PEA RLAND ZONE CHANGE APPLICATION revised 3t5/96 —.v...— Change in Zoning Classification from: Change in Regulations in Section X: ......_ $pa iFic Use for: • to; P rnpedy address: 1930 Garden Rd. formerly 137' 4 Garden Rd. Section 8; Lot. 33 Blook abstract 504 Metes & Bounds Description: (unpt rtted property only, attach survey) HT&B Survey: Allison -Richey Sut livlsion: Gul£ Coast Hume CV. Tax (,0. number: 0504-0006-11 Q (3.0 acres; aka tract/lot 33B ) Heavy industrial manufacturing: including 1$ wheel trucks for pickup &. . Proposed use of land within requested designation: de.tivery; painting; welding; storm, of steal rolls, etc. crating & misc. other heavy indus#.r"a747uses. Reword owners name: Anthony Welded Products, Inc. and Frank S. Salvucci, or assignee Owner's mailing address: P.O. Box 1462 Delano, CA 93216 Owner's telephone number: (661) 721-7211 or (661) 665-2858 Agent's name: Frank S. seauucci, sr. CEO and indivdual1Y Agent's mailing address: P.O. Box 1462 Delano, CA 93216 Agent's teleephene number; (061) 721 -721 1 Ur (561) 665-2858 PETITION: As owner/agent, I hereby petition the City for approval of the above de$Cilbed request as provided by the laws of the State of Texas and Ordinances of the City of Peartand. 'On a Specific Use Permit request to allow a residential use in a business zone (OP, NS. GB). I acknowledge that such use may be Incompatible with currant and future uses on properties in my vicinity AriLhony Welded Pi Owner's signature.F a Agent°5 8ignatu TOTAL P.V3 '1)3 rn^inn 1 c r.rrr:oornn T.,T rfrTl7n Jrn SHARON DRIVE 3 BUTLER 1 SD SUBURBAN DISTRICT M-2 HEAVY INDUSTRIAL DISTRICT 20 HICKORY SLOUGH 1 City of Peartar t Texas ANTHONY WELDED PRODUCTS, a= ZONE RCHANGE FOM SD -TO- M-1 App. Na.:819 oat= SEPT.. 1989 Dan 0RJ.E.B. Child Br D. SMITH Saab: HORZ:7�-30 VERT '1.— CAD fLE 99-8118 SHEET 1 OF 1 October 5, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO. 819 Request of Frank Salvucci, agent for Anthony Welded Products, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Light Industrial District (M-1) on the following described property, to wit: Lot 33, Section 8, Allison Richey Gulf Coast Home Co. subdivision, H.T.&B. R.R. Co. survey, A-504, recorded in Vol. 2, pg 23, plat records of Brazoria Co., TX (1930 Garden Rd) Honorable Mayor and Council Members: At a regular meeting held on October 4, 1999, after the Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Vice -Chairperson Tommy Scott and seconded by Commissioner Donald Glenn to recommend approval of Zone Change Application No. 819. Motion to approve tied 2 to 2. This is submitted for your consideration. Sincerely, Siam.'44kP Mary Starr, Chairman Planning & Zoning Commission 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: No Date /- l 19 57, No Date 19 No. Date 19 No Date 19 No. Date 19 Subscribe and sworn to before me this 19 11) rrla resident dayof�• ON r,rr c�,i:r. f �j3r1. Li A itirr. mrctr3'n ; Pi1 ti er Notary Public, State of Texas 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 27th day of September, 1999, at 6:30 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, 3 519 Liberty Drive, Pearland, Texas, on the request of Frank S. Salvucci, Sr., agent for Anthony Welded Products, Inc, owner, for an amendment to the Land Use and Urban beveiopment� rdrhance o said City -from Classi)iea_ tidrt4 i Suburban Development (SD) to Light Industrial District (M 1) on the following described property, to wit: Lot 33, section 8, Allison Richey Gulf Coast Home Co. subdivision, HT& B RR Co. survey, A-504, recorded in Vol. 2, pg. 28,; plat recart Bratoria Co, Garden Roai At said beam parties Shall< and opportunity. be heard on the Young Lorfing City Secretary 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: No / Date uoi2F 19 No. Date 19 No. Date 19 No. Date 19 No. Date 19 subscribe and sworn to before me this ,3.1.07e..t resident day of �� aaak n'` r�amois, Pooli er Notary 'u•"'�-��vz�_e,%.s • NOTICE OF A JOINT'-"' PUBLIC HEARING OF THE- CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE_CR'Y OF PEARLAND, TEXAS Notice is hereby given that on the 27th'day of September, 1999, at 6:30p.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, 3 519 Liberty; Drive,, Pearland, Texas, onthe request of Prank S k,Salvucci, Sr„ agent for Anthony Welded Products, lnc, owner; for an 'am - to the Lend Use and Urban DeVelciefninT Ordih said Citfrom Claret urb u'=0 ►�, t-, to Light Industrial District (M t) on -the owing d spnb property, to wit: Lot 33, section "8 Allison_-. Richey. Gulf Coast "Hoene Co.. subdivision, HT&'.t3 RR Co. " sVuot rv2ey, 11 re, A-5corded p9 23, plat ids BIrazoria garden At said hwar� Alfe" ed 8 11 a , ar'and;; >ubject: Young Lorfing City Secretary it 819 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 9 aar%rttamQis; cr;mi.:.• ` GP'�xas Expires y `" e Young Lorfing City Secretary (281) 652-1655 Telecopier (281) 652-1706 November 30, 1999 ay? of FTr PEARLAND Anthony Welded Products, Inc. P.O. Box 1462 Delano, CA 93216 Dear Anthony Welded Products, Inc.: T E X A S 1 ia9� On October 25, 1999, the City Council considered Ordinance No. 509-356 (Application No. 819) requesting the change of classification of certain real property from the classification of Suburban Development District (SD) to Light Industrial District (M-1), the City Council voted 5-0 not to.approve Application No. 819. Sincerely, Yfng Lorfing City Secretary YUmh 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us Young Lading City Secretary (281) 652-1655 Telecopier (281) 652-1706 November 30, 1999 Frank Salvucci P.O. Box 1462 Delano, CA 93216 Dear Mr. Salvucci: On October 25, 1999, the City Council considered Ordinance No. 509-356 (Application No. 819) requesting the change of classification of certain real property from the classification of Suburban Development District (SD) to Light Industrial District (M-1), the City Council voted 5-0 not to approve Application No. 819. Sincerely, ng Lding ity Secretary YUmh 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us ORDINANCE NO 509-356 October 5, 1999 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION NO.819 Request of Frank Salvucci, agent for Anthony Welded Products, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from Classification Suburban Development District (SD) to Light Industrial District (M-1) on the following described property, to wit: Lot 33, Section 8, Allison Richey Gulf Coast Home Co. subdivision, H.T.&B. R.R. Co. survey, A-504, recorded in Vol. 2, pg 23, plat records of Brazoria Co., TX (1930 Garden Rd) Honorable Mayor and Council Members: At a regular meeting held on October 4, 1999, after the Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. A motion was made by Vice -Chairperson Tommy Scott and seconded by Commissioner Donald Glenn to recommend approval of Zone Change Application No. 819. Motion to approve tied 2 to 2. This is submitted for your consideration. Sincerely, SiwurP Mary Starr, Chairman Planning & Zoning Commission