Ord. 509-528 08-27-01 Denied DENIED 8/27/01
ORDINANCE NO. 509-528~'
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 AND GRANTING A SPECIFIC USE PERMIT TO ALLOW
CHEMICAL BLENDING AND PACKAGING ON THE FOLLOWING PROPERTY,
BEING 17.5664 ACRES, H. T. & B. R.R. COMPANY SURVEY, SECTION 11, A-
239 AND THE A. C. H. & B. R.R. COMPANY SURVEY, SECTION 2, A-147,
DESCRIBED IN DEED RECORDED IN VOLUME 1228, PAGE 894, DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO, 94) (3807
MAGNOLIA) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-l)
TO LIGHT INDUSTRIAL DISTRICT - SPECIFIC USE (M-I-(S) AT THE
REQUEST OF BERNARD A. CORREIA, AGENT FOR CORREIA HOLDINGS,
INC.,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, Bernard A. Correia, Agent for Correia Holdings, Inc.,Owners, filed on June
20, 2001, 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 13t" of August, 2001, a Joint Public Hearing was heed 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 August, 2001, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Bernard A. Correia, Agent for Correia Holdings, Inc.,Owners,
whereby the Commission recommended and approved a change of classification for the
ORDINANCE NO. 509-528
property described in Exhibit "A" from its existing classification of Light Industrial District (M-l)
to Light Industrial District - Specific Use (M-I-(S); 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 August 27, 2001, 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 Bernard A. Correia, Agent for Correia Holdings, Inc.,Owners, 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 Light Industrial District (M-l) to is hereby for all
purposes changed and reclassified as to Light Industrial District- Specific Use (M-l-(S)to allow
chemical blending and packaging; such property being more particularly described as:
17.5664 acres, H. T. & B. R.R. Company Survey, Section 11, A-239 and the A. C. H.
& B. R.R. Company Survey, Section 2, A-147, described in deed recorded in Volume
1228, page 894, deed records of Brazoria County, Texas (3807 Magnolia)
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.
2
ORDINANCE NO. 509-528
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
ORDINANCE NO. 509-528
PASSED, APPROVED, and ADOPTED on First Reading this day of
,2001.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this __ day
of ,2001.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
4
August 16, 2001
Honorable Mayor and Council Members
City Hall
Pcarland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 94
Request of Bernard A. Correia, agent for Correia Holdings, Inc., owners for an amendment to
the Land Use and Urban Development Ordinance of said City from Light Industrial District
(M-l) to Light Industrial District - Specific Use (M-I(S)) for a Specific Use to allow chemical
blending and packaging on the following described property, to wit:
17.5664 acres, H. T. & B. R.R. Co. survey, Section 11, A-239 and the A. C. H. & B. KK Co. survey,
Section 2, A-147, described in deed recorded in Vol. 1228, pg 894, deed records of Brazofia Co., TX
(3807 Magnoha)
Honorable Mayor and Council Members:
At a regular meeting held on August 13, 2001, at'cee a Joint Public Heating, the Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Robert Seherrer and seconded by Commissioner Todd
Iocco to forward Specific Use Application No. 94 to City Council for denial.
Commissioner Scherrer listed several reasons for his opposition. He stated that this specific use
does not specify what chemicals or quantities, it is in the middle of town, it is too close to the
schools, and the two lanes are not sufficient for the traffic. Commissioner Ioeco agreed and also
referred to page 9 of the Land Use and Urban Development Ordinance where it stated that they
are to protect the safety of the City.
Motion to deny passeii 4 to 0
This is submitted fbr your consideration.
Sincerely ....
H~ Charles Viktori , C a'
Planning & Zoning Commission
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised $/9/00
--.- Cl.ange in Zo~ng Cl~sifio~tion
__ ~ ~?'lang= in R~gulations
- .-- $~ecific Use for: *
Lcd: Block: Subdivision:
Meles & Bo~dg Description:
(~Flat~ed propeW only; amch su~ey)
=.,.:,&. p. ,,~=~,er: 7b.:O~ / '7./7/0
c,=,...,, ,,,. or ,
?:¢T[TION: ~ o~er/ag*nt, I hereby petition ~ Ci~ for ap~ov81 of~o ~bove 8~efibed roque~t as
provid~ by ~e laws of the State of Texaa md OrdNmees of~* 0i~ of Pearland, *On a S~oifie U,e Pe~t
request to allow a residential u~e in a bmino~ zone (OP, NS, OB), I ac~owl~dge ~at ,uch u** may be
in;onxTatible with e~ent ~nd fut~ u%s on properties in m7 yic~w.
z~e ~ ~
ZONE CHANGE w
FROM
G~s Correia HoldinGs, inc. M-1 TO M-I(S) Application No, SU-94
'" -. 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 Brazoda and Harris Counties in THE REPORTER NEWS, a newspaper!of general
circulation in Brazoria, Harris & Galveston Counties, for ,/ issues;,:as follows:
No. / Date '-~- ~ 20 O/
No. Date 20
No. Date 20
No. Date 20
No. Date 20 --
President
Subscribe and sworn to befOre me this 2-G
~_o o!
published J,~3~
~1, 2OQ~= - · ,'
PUBLIC flEARIN~ OF
the
^FFIIOAVIT OF ?UBLICATION
" 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, Harris & Galveston Counties, for ' ? issues, as follows:
No. / Date ~-/ 200/
No. Date 20 __
No. Date 20__
No. Date · 20__
No. Date 20--
President
Subscribe and sworn to before me this '7 day of~-?
20 OI ~h