Ord. 509-696 03-08-04ORDINANCE NO. 509-696
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 65.4324 ACRES BEING ALL OF LOTS 1, 2,
AND 3 OF PEARLAND INDUSTRIAL PARK SUBDIVISION AS RECORDED IN
VOLUME 16, PAGE 171, OF THE MAP RECORDS OF BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF VETERANS DRIVE,
ON THE WEST SIDE OF THE RAILROAD, AND SOUTH OF WALNUT
STREET) (APPLICATION NO. 1152) FROM CLASSIFICATION LIGHT
INDUSTRIAL DISTRICT (M-1) TO PLANNED UNIT DEVELOPMENT (PUD) AT
THE REQUEST OF KEVIN PRICE, AGENT FOR JOHN A. SAGE, 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, Kevin Price, Agent for John A. Sage, Owner, filed on December 4,
2003, 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 16t" day of February, 2004, 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 23rd day of February, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Kevin Price, Agent for John A.
Sage, Owner, whereby the Commission recommendation to approve failed for the
1
ORDINANCE NO. 509-696
change of classification for the property described in Exhibit "A" from its existing
classification of Light Industrial District (M-1) to Planned Unit Development (PUD); 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 March 8, 2004; 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 Kevin Price, Agent for John A. Sage, 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:
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
Planned Unit Development (PUD), such property being more particularly described as:
65.4324 acres being all of Lots 1, 2, and 3 of Pearland Industrial Park
Subdivision as recorded in Volume 16, Page 171, of the Map Records of
Brazoria County, Texas (Generally Located on the East Side of Veterans
Drive, on the West Side of the Railroad, and South of Walnut Street).
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. 509-696
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. 509-696
PASSED, APPROVED, and ADOPTED on First Reading this 8th
March , 2004.
_._ (
443
TOM REID
MAYOR
ATTEST:
day of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
22ndday of March , 2004.
ATTEST:
TOM REID
MAYOR
44'
4
ORDINANCE NO. 509-696
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
[V Change in Zoning Classification from: 4 -i to:
(list current zoning)
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
PLO
(list proposed zoning)
[j Specific Use Permit Request for :
(list proposed use)
Property Information:
cee Ste, --tee,
Subdivision: 0/'n d d. 169/''/` Lot: /i a 143
Tax I.D. Number:70Z -0/0`-pw/702 d'-0/DL 40
Address:
�,¢/g 5 -0 3
Block:
%za°-0/ 3 P-O0o
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): a / I-// f --`� OlA57`,-/k-,
Proposed use of property: <? `2- e I, //'4. - ()Aye
PROPERTY OWNER INFORMATION:
NAME �C� I1 w 1ov 'A G €
ADDRESS P - . 03 lei 03
CITY [-Wt.ur STATE'--x_ ZIP 77224-0
PHONE( '1?) yb3'72i0
FAX( -1 3 ) (9 - S-G g
E-MAIL ADDRESS J S GCst J t 4 0 C• Ga s
APPLICANT/AGENT INFOR) IATION:
NAME S 6///,�e—
ADDRESS 3// `1"/. $ 4df� 9 ILI' 'd e
CITY/' I "' TATE It- ZIP %7l i'‘
PHONE( Zd/ ) 'a lam' /5<of
FAX( / ) %% 3 / /9P
E-MAIL ADDRESS
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature:
Agent's Signature:
Date: 42 _ G2 -03
Date: /Z-®3 �3
OFFICE USE ONLY: $3...7R W
FEES PAID:•
DATE PAID: / 2 - 6/43
RECEIVED BY: f APPLICATION NO. 115 -
LOCATION MAP
Zone Change Application No. 1152
Owner: John A. Sage/Kevin Price
East Side of Veterans Drive, South of Walnut Street
(M1 - PUD)
W+E
0 200 400 Feet
lull I
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, Harris & Galveston Counties, for / issues, as follows:
No. 1 Date /' .2c' 20 O'
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20—
477
tPresident
NN EMMONS
State of Texas
s 09-09-28c
aura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 28 & Feb. 4,
2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
APPLICATION NO1152
Notice is hereby given that
on February 16, 2004, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Kevin Price, applicant for
John A. Sage, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
classification Light Industrial
District (M•1)'to Planned
Unit Development (PUD),
on the following described
property, to wit:
Of 65.4324 acres or
2,850,236 square feet of
land being all of Lots 1, 2,
and 3 of Pearland Industrial
Past Subdivision as record-
ed in Volume 16, Page 171,
of the Map Records of
Brazoria County. Texas,..
and being theresidue of a
called 105.04 acre tract of
land described in a deed to
John A. Sage, Trustee,
recorded in Volume
(91)966, Page 912, of the
Deed Records of Brazoria
County, Texas, said
65.4324 acres being more
particularly described by
metes and bounds as fol-
lows, (bearings based on
Pearland industrial Park
Subdivision as recorded in
Volume 16, Page 171, of
the Map Records of
Brazoria County, Texas);
BEGINNING at a 1 inch iron
pipe found for the Northeast
corner of said Lot 3 and the
Southeast comer of Lot 4 of
said Pearland Industrial
Park Subdivision, same
being the Southwest comer
of a called 19.95 acre tract
of land described in a deed
to The City of Pearland
recorded in Volume
(85)108, Page 545 of the
Deed Records of Brazoria
County, Texas lying in the
West line of G.C. & S.F.R.R.
100 foot wide Right -of -Way;
THENCE South 13 degrees
47 minutes 00 seconds
East, along thecommon line
of said tot 3 and said 100
foot wide Right -of -Way, a
distance of 606.46 feet a 1/2
inch iron pipe found for the
Southeast comer of said Lot
3 and the Northeast corner
of said Lot 2;
THENCE continuing South
13,degrees 47 minutes 00
seconds East along the
common line of said Lot 2
and said .100 foot wide
Right -of -Way, a distance of
500.00 feet to a point for the
Southeast corner of said Lot
2 andthe_Narihe: s
of saidl4t 1 1rom said oiif
a 1/2 inchiron'pipe vas
found bearing North 64
degrees 20 minutes 44 sec-
onds West, a distance of
1.14 feet,
THENCE continuing South
13 degrees 47 minutes 00
seconds East, along the
common line 'of said Lot 1.
and said 100 toot wide
Right -of -Way, a distance of
423.19 feet to a 5/8 inch
iron rod set forreference,
said point being the
Northeast corner of'a
Drainage Easement
Recorded in Volume 16,
Page 171, of the Map
Records of Brazoria County,
Texas, and continuing for a
total distance of 523.19 feet
to the centerline of Mary's
Creek, said point being the
Southeast corner of said
Drainage Easement and the
Northeast comer of a called
11.649 acre tract of land
described in a deed to The
City of Pearland, recorded
in Brazoria County Clerk's
File No. 98-029684 of the
Official Public Records of
Brazoria County, Texas;
THENCE South 75 d%reas,
23 minutes, 05 seconds
Wesl .along the centerline
—of said Mary's Creek same
being the South line of said
Drainage Easement and the
North line of said called
11.649 acre tracta distance
of 1936.80 feet to a point for
the Southwest corner of the
herein described tract of
land, being in the center line
Of said Marys Creek, same
being the Northwest comer
of said called 11.649 acre
tract, and lying in the .West
Right-of•Way line of
Veterans Road (Variable
Width Right -of -Way) and
being thebeginning of a
point of curvature to the
right;
THENCE along said curve
to the right, passing at an
arc distance of71.15 feet, a
5/8 inch iron rod set for ref-
erence, said point being the
Northwest corner of said
Drainage Easement, said
curve to the right having a
radius of 1577,00 feet, a
central angle of 08 degrees
34 minutes 43 seconds a
total arc length of 238.12
feet, a chord bearing of
North 04 degrees 46 min-
utes 08 seconds East, and a
chord distance of 235.89
feet, to a 5/8 inch iron rod
set for point of tangency;
THENCE North 08 degrees
51 minutes 06 seconds
East, continuing along the
West.Right-of-Way line of
said Veterans Road, a dis-
tance of 190.73 feet to a 5/8
inch iron rod set for comer
-of the herein described tract
of land, said point being the
Southwest comer of a.called
1.5 acre tract of land
described in a deed to John
Schneider, recorded in
Volume 1110, Page 177 of
the Deed Records of
Brazoria County, Texas;
THENCE South 89 degrees
41 minutes 20 seconds
East, along the South line of
said called 1.5 acre tract a
distance of 142.00 feet to a
5/8 inch iron rod set for cor-
ner of the herein described
tract of land, said point
being the Southeast comer
of said called 1.5 acre tract;
THENCE North 00 degrees
03 minutes 25 seconds
East, along the East line of
said called 1.5 acre tract, a
distance of 659.44 feet to a
5/8 inch iron rod set for cor-
ner of the herein described
tract of land, said point
being the Northeast corner
of said called 1.5 acre tract;
THENCE North 89 degrees
51 minutes 13 seconds
West, along theNorth line of
said called 1.5 acre tract, a
distance of:58.20 feet to a
5/8 inch iron rod set for cor-
ner of the herein described
tract of land said point being
in the East Right -of -Way
line of said Veterans Road;
THENCE North 00 degrees
04 minutes 00 seconds
East, along the East Right -
of -Way line of said Veterans
Road a distance of 989.07
feet to a 5/8 inch iron rod
found for the Northwest cor-
ner of the herein described
tract of land and the
Northwest comer of said Lot
3, said point being East
15.00 feet from the
Southwest comer of Lot 4 of
said Pearland Industrial
Park Subdivision, same
being the Southwest corner
of said called 19.95 acre
tract of land;
THENCE East, along the
common line of said Lot 3
and said Lot 4, a distance of
1351.30 feet t8:the PLACE
OF BEGINNING of the
herein described tract of
land and containing within
these calls 65.4324 acres or
2,850,236 square feet of
land.
(Generally Located on the
East Side of Veterans Drive,
on the West Side of the
Railroad, and South of
Walnut Street)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
ject.
/s/ Theresa Grahmann
Planner I
f-pp.JIbci
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, Harris & Galveston Counties, for / issues, as follows:
No. / Date j+ a? 20
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of teal
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 28 & Feb.
2004
NOTICE OP A JOINT'
PUBLIC HEARING OF THE
CITY COUNCIL AND THE;
N ING AND ZONING
COMM1'SSION OF THE CITY
OF PEARLAND, TEXAS '
APPLICATION NO.1152
Notice is hereby given that on
February 16, 2004, at 6:30
p.m., the pity Council and
Planning, and Zoning!
Commission of the City of
;Pearland, in Brazoria, Harris
And Fort Bend Counties,
'Texas, will conduct a joint
public hearing in the Council
;Chambers of City Hall, 3519
1Liberty Drive, Pearland,
;Texas, on the request of
;'Kevin Price, applicant for
;John A. Sage, owner, for an
;;amendment to the Land Use
sand Urban Development
:Ordinance of said City from,,
;;classification Light Industrial'
District (M-1) to Planned Unit
;:Development (PUD), on the
v fellewin described pripany,.
to wit:
'.Of 65.4324 acres or
;2,850,236 square feetof land
;being all• of Lots 1, 2, and 3 of
Pearland Industrial Park
Subdivision as recorded in'
,Volume 16, Page 171, of the
:Map Records of Brazoria
,,County, Texas, and being the
residue of a called 105.04
nacre tract of land described in
Pa deed to John A. Sage,
;;Trustee, recorded in Volume
(91)966, Page 912, of the
;Deed Records of Brazoria
':County, Texas, said 65.4324
:acres being more particularly
(described by metes and
bounds as follows, (bearings
abased on Pearland Industrial
IIPark Subdivision as recorded
yin Volume 16, Page 171, of
;the Map Records of Brazoria k
;County, Texas);
'.BEGINNING at a 1 inch iron
:pipe found for the Northeast
'corner of said Lot-3 and the
18o00st ejlJeofi of 4of
ySubdivisi.n,,sam being j)
'Southwest corner of a called
:1 9.95 acre tract of land
' :described in a deed to The
City of Pearland recorded in
Volume (85)108, Page 545 of
the Deed Records of Brazoria
'County, Texas tying: in the
'West Tine ot.C,.&Sf.R..R.
100 gz
THENCE South 13 degrees
47 minutes`00 seconds East,
along the common line of said
Lot 3 and said 100 foot wide
Right -of -Way, a distance of
606.46 feet a 1/2 inch iron
pipe found for the Southeast
corner of said Lot 3 and the'
lortheast corner of said Lot
THENCE continuing South 13
degrees 47 minutes 00 sec-
onds East along the common
line of said Lot 2 and said 100
foot wide Right -of -Way, a dis-
tance of 500.00 feet to a point
for the Southeast corner of
said Lot 2 and the Northeast
comer of said Lot 1, from said
point a 1/2 inch iron pipe was
found bearing North 64
degrees 20 minutes 44 sec-
onds West, a distance of 1.14
feet;
THENCE continuing South 13
degrees 47 minutes 00 sec-
onds JI
East, along the common ,
line of said Lot;1 and said 100
foot wide Right -of -Way, a
dis-
tance of 423,19 feet to a 5/8
inch iron rod set for reference,
said point being the Northeast
corner of ;a Drainage'
Easement Recorded in
Volume 16, Page 171, of the
Map -Aide of` Brazoria
County, Texas, and continu-
ing for a total distance of
523.19 feet to the centerline
of Mary's Creek, said point
being the Southeast corner of
said Drainage Easement and
theNortheast corner of a
called t%649 afire tract of,
land described in a deed` to
The City of Pearland, record-
ed in Brazoria County Clerk's
File No. 98 029684'of the
Official Public Records of
Brazora County, Texas;
NCE Soufh 75.43e11ee4,
kminutes, 00 seconds West,
along the centerline of said`!
Mary's Creek same being the ;
South line; of said Drainage
Easement ;and the North line
of said called acre
tract a distance of 1936.80.
feet to a point for the
Southwest comer of the here-
in described'tract'ofland,
being in the center line of said
Mary's Creek, same being the
>. e 649 aore.tra , a a
lying in tfie`iNest-Ftitht-of-`
Way line of Veterans Road
(Variable Width Right -of -Way)
and being the beginning of a
point of curvature to the right;
THENCE along said curve to
the right, passing at an arc
distance of 71.15 feet, a 5/8
inch iron rod set for reference,
said point being the
Northwest corner of said
Drainage Easement, said
curve to the right having a
radius of 1577.00 feet, a cen-
tral angle of 08 degrees 34'
minutes 43 seconds a total
arc length of 236.12 feet, a
chord bearing of North 04
degrees 46 minutes 08 sec-
onds East, and a chord dis-
tance of 235.89 feet, to a 5/8
inch iron rod set for point of
tangency;
THENCE North 08 degrees
51 minutes 06 seconds
East, continuing along the
West Right -of -Way line of
said Veterans Road, a dis-
tance of 190.73 feet to a 5/8
inch iron rod set for corner
of the herein described tract
of land, said point being the
Southwest comer of a called
1.5 acretract of land
described in a deedto John.
Schneider, recorded in
"VSNum 1 f atte,177 of
the Q Records of
Braz09Texas;
THENC 009 19'rlegrees
41 minutwZq seconds
East, along the South line of
said called 1.5 acre tract. a
distance of 142.00 feet to a
5/8 inch iron rod set for cor-
ner of the herein described
tract of land, said point
being the Southeast corner
of said called 1.5 acre -tract;
THENCE North 00 degrees
03 minutes 25 seconds
East, along the East line of
said called 1.5 acre tract, a
distance of 659.44 feet to a
5/8 mch ironred sef foi cor-
ner of the herein described
tract of land, said point
being the Northeast corner
• of said called 1.5 acre tract;
THENCE North 89 degrees
51 minutes 13 seconds
West, along the North line of
said called 1.5 acre tract, a
distance of 58.20 feet to a
5/8 inch iron rod set for cor-
ner of the herein described
tract of land said point being
in the East Right -of -Way
line of said Veterans Road;
THENCE North 00 degrees
i 04 minutes 00 seconds
East, along the East Right -
of f/ay line of said Veterans
oad a distance of 989.07
feet to a 5/8 inch iron rod
y found for the Northwest cor-
ner of the herein described
tract of; land and the
Northwest corner of said Lot
3, said point being East
15.00 feet from the
wfistcomertfter4tf'
sair Pearland Industrial
Park Subdivision, same
being the Southwest comer
of said called 19.95 acre
tract of land;
THENCE East, along the
common line of said Lot 3
and said Lot 4, a distance of
1351.30 feet to the PLACE
OF BEGINNING of the
herein described tract of
land and containing within
i these calls 65.4324 acres or
2,850,236 square feet of
land.
(Generally Located on the
,.. tf
ori'�fh
3allrearf, .t
.Walnut Street)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
ject.
/s/ Theres. t
Ptammiv`
February 23, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1152
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Light Industrial District (M-1) to Planned Unit Development (PUD) on the following
described property, to wit:
Legal Description: 65.4324 acres being all of Lots 1, 2, and 3 of Pearland Industrial Park
Subdivision as recorded in Volume 16, Page 171, of the Map Records of Brazoria County, Texas
(Generally Located on the East Side of Veterans Drive, on the West Side of the Railroad, and
South of Walnut Street)
At a regular meeting held on February 16, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Vice Chairperson Sheryl Greiner made a motion to forward Zone Change Application No. 1152 to City
Council for approval with a second made by Commissioner Neil West.
Motion to approve failed 3-3
"Aye" — Vice Chairperson Sheryl Greiner, Commissioner Linda Cowles and Neil West.
"No" — Chairman Todd Iocco, Commissioner David Ransom and Ruby Sandars.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Owner: John A. Sage Applicant: Kevin Price
P.O. Box 19039 311 N. Shadow Bend Avenue
Houston, Texas 77224-9039 Friendswood, Texas 77546
Page 1 of 1
JUII IL r uulrl.: new Ir ry
Item No. 8
5ccj-(� c
TL)IR3FS
A Proposed
65+ ACRES
Planned Unit Development
Pearland, Texas
Prepared for
The City of Pearland
Applicant:
Kevin Price, John Taylor
& Jerry McGinty
f ppr vJ PtAD