Ord. 509-357 10-25-99 FailedFailed 10/25/99
ORDINANCE NO. 509-357
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 A 11.515 ACRE TRACT OUT OF LOTS 32 &
33, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, H.T. & B.R.R.
CO. SUR~/EY, A-504, RECORDED IN VOLUME 2, PAGES 23 & 24, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 829) (1854
GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-l) AT THE REQUEST
OF FRANK SALVUCCI, AGENT FOR F.F. & E. FAMILY LIMITED
PARTNERSHIP, OWNERS, PROVIDING FORAN 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 F.F. & E. Family Limited Partnership, Owners,
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 F.F. & E. Family Limited Partnership,
Owners, whereby the Commission recommended and approved a change of classification for
the property described in Exhibit "A" from its existing classification of Suburban Development
District (SD) to Light Industrial District (M-l); 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 F.F. & E. Family Limited Partnership, Owners, 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:
I.
'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-l); such property being
more particularly described as:
Being a 11.515 acre tract out of Lots 32 & 33, Allison Richey Gulf Coast Home Co.
Subdivision, H.T. & B.R.R. Co. Survey, A-504, recorded in volume 2, pages 23 & 24,
plat records of Brazoria County, Texas (1854 Garden Road)
I1.
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.
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.
ORDINANCE NO. 509-357
PASSED, APPROVED, and ADOPTED on First Reading this
,1999.
day of
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,1999.
day
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
CITY OF
ZONE CHANGE APPLICATION
r~¥i~ed 3t5/~6
..____ Change in Regulatiuns ir1 8action #;
Use for.
Properly
11,5 aores out Of Section
lot: 33 and 33 ~lo~: A-504
~eS & ~unds ~.~d~:
Tax I,D.
13'/08 (~a. raen ~d,
See 'also 0504-0006'000
(9.0t00 acres of 19.0100)
aeav~-~ndua~ri'a! m~nu£actu~ing;~abrication;ind~$t~af painting an~
ProposeO use o! land within requesied de$~Mtlon: we].~ng; use o~ 1 U-wheel trucks
Eot ~ickup and d01ive~y; e~o~ge of e'L~el ~ull~, eec, lnd~atr&a[
:ra~Ing, and m/sc, othe: uses relatin9 to heavy indusgrial mfg.
Rac_x~"d owner's name:
~F & E FAMILY LIMZTED PARTN~RSHI~
OwneCs_mailing address:
_Owner% telephone number, {661 ) 721-7211
Agent's name: Frank S. Salvuc¢i, Sr t General Partner
_Ag_a_nt's_mailingaddmss: P.O. Box 1462 Delano, CA 93Z16
_Aoent'stelephenenumbec, (661) 72i-7211 or (661) 66~-Z858
PF-.¥1TION: As owner/agent, l he,eby petition the City f~ ~ppt~va~ ur the above ~escribed request as
pm,aided by the laws of the State of TeXas and Ordinances ~f the City of Pearland. 'On a Specific Use
Permit ~ecluest to allow a residential u~ in a business Z, une (OP, N~5, GI~], I ac~owledge that such use
may be incompatible witl~ cu, r,rent and futura ta~e,,,s,, o~ p~operties in my vicinib,~_,,
ZONE SD
9
ZONE SD
iONE SD
10
33'
HICKORY SLOUGH
12
ZONE SD
35
BUTLER _ -
SD SUBURBAN DISTRICT
M-2 HEAVY INDUSTRIAL DISTRICT
City of Peerllmd; T~
IF& E FAMILY UMITED ~E~iP
ZONE CHANGE
FROM
8D TO M-1
~ SEPT., lg99 HORZ;I'"'"'~00' "4
VERq' :1'--
/
~ ~.D. SMITH 99-8119 OF t
ORDINANCE NO
509-357
October 5, 1999
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 829
Request of Frank Salvucci, agent for F.F.& E. Family Limited Partnership, 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-l) on
the following described property, to wit:
Being a 11.515 acre tract out of Lots 32 & 33, Allison Richey Gulf Coast Home Co.
subdivision, H.T.& B. 1LR. Co. survey, A-504, recorded in Vol. 2, pgs. 23 & 24, plat
records of Brazoria Co., TX (1854 Garden Road)
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. 829.
Motion to approve tied 2 to 2.
This is submitted for your consideration.
Sincerely,
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
Date
No. Date
No. Date
No. Date
'~" ,/.,.,~ 19
19 ·
19__
' ' ' "'19
¸19
Subscribe and sworn to before me this
19 ~
day of '~'~.
L~er
NotarY Public,' State of Texas
!~)TICE OF A
~' pUBUc HEARING oF THE
~CIT¥ COUNCIl; AND TtlE
pCAmNG A~O ZOrn=
CouMiSS~N OF THE C~
OF pEAR~ND;'TE~S' .
Notice is hereby given that on
the 27th day of ~eptember,
1999, at :6',30:p.n~:?the?~ity
Council, a~ .th~:plann:i~g arid
Zonin~?Commi~Si0n of the
Ci~ of Pea~and, BmZ°fia
Harris Counties, Texas, will
conduct a Joint Public
Hearing in the Council
Chambers, City Hall~ 3519
Liberty Drive, Peafland',
Texas, on.the~m~Uest
for ~F. &' E. Family Ltd.
Pa~nership, oWner, for.an
amendment to the ~nd Use
and uean:.-Deyel.~pm~
Clas~ifica.tion' ~/~.~rb~n~.
DeWOpment Di~Hct (SD) to
Light [ndust~al. DiStich: (M- 1):~
On the fol~,g::.deSC~ibed.:
of L0tS' 3:3::~
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:
'Date ~,.~-~. ? 19 ~'~'-
/
No.
No. Date 19 __
No. Date 19
No. Date 19 __
No. Date 19 __
;ubscribe and sworn to before me this..
pOBLIC HEARING oFTHE
ciTY COUNCIL AND ~THE
PLANNING AND ZONING
CoMMiSsmN OFTHE
oF
NO'rice is her~ given that~0n
the 27th day
1999 at 6:30p.m;;th~ City
CoUnCii an~ th~ ptanNng:and:
zoning commission: bf::the'
C ~ of peadand; Bmzoda ~nd
Harris Counties, TeXas' wiil
conduct TM a jdint Public
.Hearing in~,the CoUncil
Chambers City Hall, 3519
~ Liberty Drive, Peaqahd,
~Texa{ On,the request of
~ Frank S: SaiVUCCi,Sr:;: ~en[
~.to~' F,F & E~ Family Lrd.
.1 padnership, owner' f°ran