Ord. 509-761 02-28-05ORDINANCE NO. 509-761
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 6.00 ACRES, BEING PART OF AND OUT OF
LOT 178, ZYCHLINSKI SUBDIVISION OF SECTION 28, H.T.
COMPANY SURVEY, ABSTRACT 551 (G.C. SMITH SURVEY), CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 4430 DIXIE FARM
ROAD) (APPLICATION NO.2T0 L GNT06) MINDUSTRI ALA ISOTRICT (M-N R1) BAN AT
DEVELOPMENT DISTRICT (SD)
THE REQUEST OF MERLIN G. HOISETH, APPLICANT FOR REACTOR
SERVICES INTERNATIONAL, 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, Merlin G. Hoiseth, applicant for Reactor Services International, Inc.,
owner, filed on November 19, 2004, 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 17th day of January, 2005, 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 2nd day of February, 2005, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Merlin G. Hoiseth, applicant for
Reactor Services International, Inc., owner, whereby the Commission recommended
1
ORDINANCE NO. 509-761
approval of the change of classification for the described property 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 the recommendation of
the Planning and Zoning Commission at a regular meeting on February 14, 2005; 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 Merlin G. Hoiseth, applicant for Reactor Services International, Inc.,
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:
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) is hereby zoned to Light Industrial District (M-1), such property being more
particularly described as:
6.00 acres, being part of and out of Lot 178, Zychlinski Subdivision of Section
28, H.T. & B.R.R. Company Survey, Abstract 551 (G.C. Smith Survey), City of
Pearland, Brazoria County, Texas (Located at 4430 Dixie Farm 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
2
ORDINANCE NO. 509-761
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.
3
ORDINANCE NO. 509-761
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of
February , 2005.
TOM REID
MAYOR
ATTEST:
NG
Y S'' RETARY
2,4
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
28th day of February , 2005.
ATTEST:
APPROVED AS TO FORM:
at_ _AL
DARRIN M. COKER
CITY ATTORNEY
TOTN REID
MAYOR
4
APPLICATION FOR
A CHANGE IN ZONING
PAID Nov 19 2004
Please check one:
Change in Zoning Classification from: 0
❑ Specific Use Permit Request for :
Property Information:
A-4 220
Address:
(list current zoning)
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
M`'1 - f
to: 111
(list proposed zoning)
(list proposed use)
x t l_6 Tax Account No.
Subdivision: J 6'/ I% o 7 °i /0
** Attach a copy of the metes and bounds descriptio,
Lot: /7
�7r7 I °D 1 ( — I lc)
Block:
r legal description**
Current use of property ®2� /�i2�00��
(type of structures on property): ' i T -A :
Future/proposed use of property and reason for zone change: Ex t?A t4' i' ^t 0,1r SA t c
u5 yE L. N.60E 1~<o v c
PROPE Y OWNER INFORMATION:
NAME Olt h- S dE11-v ,try I Juif‘1 L L
ADDRE 72 c'", t 10 L C/1'2/(4 P .n
CITY i' (dA If0 STATE._( ZIP -115578, t
PHONE( ) 9') 1 7 4 4
FAX(_) 9 9 7 fI 74-(-/
E-MAIL ADDRESS t' 1 f J T ,i . VET
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 retion ofs thedinances of the City property upon which IPhave requested the
y to
the best of my knowledge that this is a true description
above checked action. I understand that I am fully responsible for the correctness of the legal description
given.
Owner's Signature:
Agent's Signature:
OFFICE USE ONLY:
FEES g
O 5 I DATE 11' i
PAID: PAID:
APPLICANT INFORMATION: �
NAME 6.2L-}-46 . i4epv, --
ADDRESS . ®_ 0)c (-3C
CITY 4.( STATETk_.ZIP 77_52--
PHONE(, )
FAX( 'h /) 9Z. - 7 7.4-7
E-MAIL ADDRESS J a Iv
RECEIVED
BY:
***APPLICATION IS CONSIDERED INCOMPL
IPTION OR SURVEY AND
DESCR
Date:
Date:
4
Iv :
IAPPLICATION
NUMBER: / +/`ui
E WITHOUT A METES AND BOUNDS
THE APPLICATION FEE***
Updated 10-29-04
LOCATION MAP
Zone Change Application No. 1206
Owner/Applicant: Reactor Services/Merlin Hoiseth
Change: SD - M-1
0 200 400 Feet
III1I I
Ikpp. iao�o
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, 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 /02-a79 20 0-
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Sjbscribe and sworn to before me this
20
•
•
:
•
•
•
•
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
President
day of1-11-
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Dec. 29, 2004
and Jan. 5, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AAD ZONING
COMMISSION OF THE
CITY'OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO. 1206
Notice is hereby given that
on January 17, 2005, 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 Hail, 3519
Liberty Drive, Pearland,
Texas, n )fi�e raspiest of
Merlin GMolsseth; appflc"a'ht
for Reactor Services
International, Inc., owner,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City from classification
Suburban Development
District (OP) to Light
In` trict (M-1), on
the following described
property, to wit:
6.00 acres, being part of
and out of Lot 178,
Zychlinski Subdivision of
Section 28, H,T. & B,R.R.
Company Survey, Abstract
551 (G.C. Smith Survey),
City of Pearland, Brazoria
County, Texas (Located at
4430 Dixie Farm Road)
At said hearing ail interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/Theresa Grahmann
Senior Planner
•
AFFIDAVIT OF. PUBLICATIO
N
.The Pearland Reporter. News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Hams Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
m Brazona and Harris Counties in THE REPORTER NEWS, a newspaper
circulation in Brazorla, Harris &.Galveston Counties, for of general
issues, as follor�s:
No. _ l Date 20 'OS
No. Date
20
No. Date
20
No. Date
No. Date
Subscribe and swom to before me this
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
•
20
20
day of
Laura Ann Emmons, Publisher`
Notary Public, State of Texas
Published Dec. 29, 2004
and Jan. 5, 2005
NOTICE OF A JOINT
PUBLIC HEARING Cr THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO. 1206
Notice is hereby given that
on January 17, 2005, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and FortBend .Counties,
Texas, will conduct a joint:
publichearing in the Council
Chambers of City Hey, 3519
Liberty Drive, Pearland,
Texas, on the request of
Merlin G., Hoiseth, applicant
for Reactor Services
International, Inc.,` owner,
for'an amendment to the
Card 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:
6.00 acres, being part of
and out of <Lot 178,
Zychlinskt Subdivision of
Section 28, H.T. & B.R.R.
Company Survey, Abstract
551 (G.C. Smith Survey),
City of Pearland, Brazoria
County, Texas (Located at
4430 Dixie Farm Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
is/Theresa Grahmann
Senior Planner , .
Planning & Zoning Commission
Recommendation Letter
February 2, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1206, a request Merlin G.
Hoiseth, applicant for Reactor Services International, Inc., owner, 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 property Located at 4430 Dixie Farm Road
Honorable Mayor and City Council Members:
At their regular meeting of January 17, 2005, the Planning and Zoning Commission
considered the request for a zone change from Suburban Development District (SD) to
Light Industrial District (M-1), on the following property:
Legal Description: 6.00 acres, being part of and out of Lot 178, Zychlinski
Subdivision of Section 28, H.T. & B.R.R. Company Survey, Abstract 551 (G.C.
Smith Survey), City of Pearland, Brazoria County, Texas
Commission Member Greiner made a motion to approve the zone change, and
Commission Member Ransom seconded the motion.
The motion to approve was passed by a vote of 6-0.
Sincerely,
Planning and Zoning Commission
Recommendation Letter, 02/14/05 City Council Meeting,
Zone Change Application No. 1206
Page 1 of 1
ALEXANDER JUD G
ALEXANDER JUD G
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PHUONG HO CORP Emikimk
2VIIIIIIIIMPlig00' NOTIFICATION` LIMITS
SUBJECT
=PROPERTY._
OWNERSHIP MAP
Zone Change Application No. 1206
Owner/Applicant: Reactor Services/Merlin Hoiseth
Change: SD - M-1
0 200 400 Feet
litil I
TAX ACCOUNT
05510001001
05510001120
05510001120
05510016130
05510016110
05510016140
05510016130
05510016140
05510016000
05510016135
OWNER
HILL FLETAA
ALEXANDER JUD G
ALEXANDER JUD G
BRAZORIA COUNTY IN TRUST
RSI INC%MERLIN HOISETH
REACTOR SERVICES
ASSOCIATED ENTERPRISES INC
BRAZORIA COUNTY IN TRUST
ASSOCIATED ENTERPRISES INC
BURNS RICHARD J
PHUONG HO CORP
ZONE CHANGE APPLICATION NO. 1206
Property Owner Notification List
ADDRESS
PO BOX 497
PO BOX 769
PO BOX 769
111 E LOCUST ST
PO BOX 1367
4430 DIXIE FARM RD
PO BOX 890028
111 E LOCUST ST
PO BOX 890028
PO BOX 459
4453 S MAIN ST
CITY
ST ZIP CODE LEGAL DESCRIPTION
FRIENDSWOOD TX 77549-0497
BRENHAM TX 77834-0769
BRENHAM TX 77834-0769
ANGLETON TX 77515
ALVIN TX 77512-1367
PEARLAND TX 77581
HOUSTON TX 77289-0028
ANGLETON TX 77515
HOUSTON TX 77289-0028
PEARLAND TX 77588-0459
PEARLAND TX 77581-6088
A0551 H T & B R R, TRACT 175B-175F, ACRES 3.100
LTS 174B-175C-163B1-175D 551 H T & B PEARLAND, ACRES 14.730
LTS 174B-175C-163B1-175D 551 H T & B PEARLAND, ACRES 14.730
A0551 H T & B R R, TRACT 178C, SUIT #91T5467, ACRES 11.110
A0551 H T & B R R, TRACT 178A1, ACRES 6.000
A0551 H T & B R R, TRACT 178A2-178A3, ACRES 5.000
A0551 H T & B R R, TRACT 178C, SUIT #91T5467, ACRES 11.110
A0551 H T & B R R, TRACT 178A2-178A3, ACRES 5.000
A0551 H T & B R R, TRACT 178, ACRES 0.358
A0551 H T & B R R, TRACT 178A, ACRES 1.010
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
Zone Change Application No. 1206
TO: City Council
Planning and Zoning Commission
SUBJECT:
A request by Merlin G. Hoiseth, .applicant for Reactor Services
International, Inc., owner, 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)
LEGAL 6.00 acres, being part of and out of Lot 178, Zychlinski
DESCRIPTION: Subdivision of Section 28, H.T. & B.R.R. Company Survey,
Abstract 551 (G.C. Smith Survey), City of Pearland, Brazoria
County, Texas
GENERAL
LOCATION:
Located at 4430 Dixie Farm Road
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: January, 17, 2005
City Council for First Reading: February 14, 2005
City Council for Second Reading: February 28, 2005
SUMMARY: The applicant is requesting a change in zoning on the subject property for
light industrial district uses. The subject property was annexed into the City in 1996 and
subsequently zoned SD. The subject property is currently developed with a light industrial
facility, Reactor Services, Inc. (contractor's yard and warehouse). The applicant has
indicated that they plan to add on to the facility if the zone change is approved.
A contractor's yard for storage and equipment is a permitted use in the M-1 district.
ZCA No. 1206
Page 1
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Light Industrial District (M-1) Undeveloped land
South
East
West
Suburban Development Undeveloped land; existing
District (SD); Heavy Industrial warehouses and industrial
District (M-2) businesses
Suburban Development Undeveloped tract
District (SD); Heavy Industrial
District (M-2)
Suburban Development Existing warehouses and industrial
District (SD) businesses
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
applicant is requesting an M-1 zoning district. The minimum lot size for the M-1 district is
40, 000 square feet and the minimum lot width is 150 feet. The subject property meets
these requirements, as the subject property is approximately 6 acres in size and has a lot
width greater than 800 feet.
The applicant will be responsible for complying with all other ordinance requirements, such
as yard setback requirements and lot coverage.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Industrial" uses for the subject property
and for the surrounding properties on Main Street (SH 35) and Dixie Farm Road. The
Comprehensive Plan further indicates that the appropriate zoning districts for Industrial
uses the Light Industrial District (M-1) and the Heavy Industrial District (M-2). Therefore,
the proposed zone change conforms to the Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Dixie Farm Road, a major thoroughfare with an ultimate right-of-way of 120 feet. No
other roadways affect the subject property.
It has not yet been determined if the subject property will be need to be platted in
accordance with the Subdivision Ordinance. The applicant may be required to submit a
ZCA No. 1206
Page 2
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 17, 2005
plat for the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Some lots in the vicinity of the
subject tract are zoned for industrial uses, either M-1 or M-2. Many of the properties in the
subject area are developed with warehouse and industrial facilities. Therefore, the
proposed zoning for M-1 is consistent with existing development and zoning districts within
the area.
PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners
within 200 feet of the subject property under consideration. A legal notice of public hearing
was published in the local newspaper, and a Zoning Sign was placed on the subject
property.
STAFF RECOMMENDATION: Staff recommends approval of the zone change for M-1, as
proposed by the applicant, for the following reasons:
1. The proposed zone change provides for "Industrial" uses as recommended by the
Comprehensive Plan.
2. The proposed zone change is consistent with existing M-1 zoning districts within the
subject areas, as well as being consistent with existing warehouse, industrial
facilities, and light manufacturing facilities within the subject area.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Zoning Map
• Future Land Use Plan
ZCA No. 1206
Page 3
ZONING MAP
Zone Change Application No. 1206
Owner/Applicant: Reactor Services/Merlin Hoiseth
Change: SD - M-1
W
s
0-- 200 400_Feet
Bill I
FUTURE LAND USE PLAN
Zone Change Application No. 1206
Owner/Applicant: Reactor Services/Merlin Hoiseth
Change: SD - M-1
W+E
0 200 - 400 Feet
II111 I