Ord. 509-802 10-10-05ORDINANCE NO. 509-802
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 5.00 ACRES, BEING A PART OF AND OUT
OF LOT 178, OUT OF THE ZYCHLINSKI SUBDIVISION OF SECTION 28,
H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 551, BRAZORIA COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 29, PAGE 9, OF THE DEED RECORDS OF BRAZORIA COUNTY,
TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF STATE HIGHWAY 35 (MAIN STREET),
AND NORTH OF DIXIE FARM ROAD) (ZONE CHANGE APPLICATION NO.
1243) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF
TRAFFIC CONTROL DEVICES, INC., AND GEORGE W. WILLIAMS, III,
APPLICANT FOR ASSOCIATED ENTERPRISES, 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, Traffic Control Devices, Inc., and George W. Williams, III,
applicant for Associated Enterprises, Inc., owner, filed on August 12, 2005, 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 19th day of September, 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
1
ORDINANCE NO. 509-802
of Section 28.3 and 28.4 of Ordinance No. 509; and
WHEREAS, on the 30th day of September, 2005, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Traffic Control Devices, Inc., and
George W. Williams, III, applicant for Associated Enterprises, Inc., owner, whereby
the Commission recommended 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 October 10, 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 Traffic Control Devices, Inc., and George W. Williams, III,
applicant for Associated Enterprises, 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:
5.00 acres, being a part of and out of Lot 178, out of the Zychlinski Subdivision
2
ORDINANCE NO. 509-802
of Section 28, H.T. & B.R.R. Company Survey, Abstract 551, Brazoria County,
Texas, according to the map or plat thereof recorded in Volume 29, Page 9, of
the Deed Records of Brazoria County, Texas, City of Pearland, Brazoria
County, Texas (Generally Located on the East Side of State Highway 35 (Main
Street), and North of Dixie Farm Road)
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.
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
3
ORDINANCE NO. 509-802
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.
PASSED, APPROVED, and ADOPTED on First Reading this loth day of
October , 2005.
TOM REID
MAYOR
ATTEST:
UNG
TY S ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of October , 2005.
TOM REID
MAYOR
4
ORDINANCE NO. 509-802
ATTEST:
O I G,
ITY CRETARY
APPROVED AS TO FORM:
(-'- 4.---' cf.—
DARRIN M. COKER
CITY ATTORNEY
5
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
Please check one:
VChange in Zoning Classification from: s0 to: it - 1
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information: '/
L� L1 I r7 YYl >f /N STQErr Pelieuin a TA/ '77 S$ /
J
Address: /�BA3
Subdivision: ZYCi4 +/ iSg/Q Res. or sec. .28 Lot: 1984-? Block:
e.
Tax I.D. Number: O T 7 - 00I6 - NO 178Z30
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property (�
(type of structures on property):
CoriT2ACTO.9 )' 2i ' GAEHo1/5E
Future/proposed use of property and reason for zone change: 67XW4N $/OPJ OF SA/nF
PROPERTY OWNER INFORMATION:
NAME A 5Soe//}TEO LONmepteisE5,, =Nc
ADDRESSS1/41'% /YIA/n) ST,QET
CITY ?6$jZ1 ANL3 STATE %"X ZIP 7753 /
PHONE( 2e1 ) 99 L-3030
FAX( act ) 992- 3//3
E-MAIL ADDRESS VC1 Tc D.• ac
APPLICANT INFORMATION: 1Nc.
'7�A FFi c Co,JT'RoL UvKCF5,
NAME CiE'oXc e W WiLaiAMS, W
ADDRESS llul/'7 ✓YlA/n) STEEET
CITY PEAgai^14 STATE 7X zip ')7s8
PHONE( 2Q1 ) 4892- 3o3o
FAX( .281 ) 992 -3/13
E-MAIL ADDRESS FTC,631 TGa. cc
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:
a44VCt;da °A<Date:
Date:
o9/2/0S.
o8/z/oS
OFFICE USE ONLY: FEES PAID: IP a r .5 °`' DATE
RECEIVED BY: t ' APPLICATION NO. IO2 4.3
LOCATION MAP
Zone Change Application
No. 1243
N
W+E E 0 200 400 Feet
S 1►►►1 I
Map Prepared on August 29, 2005
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. 1 Date 20
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
2
LAU A, N EMMONS
tdota %' 'utdic, State o9 Texas
CorPrmssion Expires 09-09.200
Laura Ann Emmons, Publisher
Notary Public, State of -Texas
day of
Published Aug. 31 and
Sept. 7, 2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE '
APPLICATION NO. 1243
Notice is hereby given that
on September 19, 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 Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Traffic Control Devices, Inc.,
and George W. Williams, III,
applicant for Associated
Enterprises, Inc., owner, for
an amendment to the Land
Use and Urban Develop-
ment Ordinance of said
City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
Light Industrial District (M-
1), on the following
described property, to wit:
5.00 acres, being a part of
and out of Lot 178, out of
the Zychlinski Subdivision of
Section 28, H.T. & B.R.R.
Company Survey, Abstract
551, Brazoria County,
Texas, according to the
map or plat thereof record-
ed in Volume 29, Page 9, of
the Deed Records of
Brazoria County, Texas,
City of Pearland, Brazoria
County, Texas (Generally
Located on the East Side of
State Highway 35 (Main
Street), and North of Dixie
Farm Road)
At said hearing all interest-
ed parties shall have the
right and opportunity tc
appear and be heard on the
subject.
/s/ Theresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date 9-7 20 0-5"
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
2
lM"
L0
••':••• la:a.•••.a • tar;
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
•
•
•
• •'••.,..ai•.•• %S-,:w••i•
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Aug. 31 and
Sept. 7.2005
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION NO. 1243
Notice is hereby given that
on September 19, 2005, at
6:30 p.m., the City Council
and Planning and Zoning
LEGALS
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
Traffic Control Devices, Inc.,
and George W. Williams, III,
applicant for Associated
Enterprises, Inc., owner, for
an amendment to the Land
Use and Urban Develop-
ment Ordinance of said
City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
Light Industrial District (M-
1), on the following
described property, to wit:
5.00 acres, being a part of
and out of Lot 178, out of
the Zychlinski Subdivision of
Section 28, H.T. & B.R.R.
Company Survey, Abstract
551, Brazoria County,
Texas, according to the
map or plat thereof record-
ed in Volume 29, Page 9, of
the Deed Records of
Brazoria County, Texas,
City of Pearland, Brazoria
County, Texas (Generally
Located on the East Side of
State Highway 35 (Main
Street), and North of Dixie
Farm Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/sl Theresa Grahmann
Senior Planner
Planning & Zoning Commission
Recommendation Letter
September 30, 2005
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1243, a request by Traffic
Control Devices, Inc., and George W. Williams, III, applicant for Associated
Enterprises, Inc., owner, for an amendment to the Land Use and Urban
Development Ordinance of said City, for approval of a change in zoning district
from classification Suburban Development District (SD) Light Industrial District
(M-1)
Honorable Mayor and City Council Members:
At their regular meeting of September 19, 2005, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Suburban
Development District (SD) to Light Industrial District (M-1), on the following property:
Legal Description:
5.00 acres, being a part of and out of Lot 178, out of the Zychlinski
Subdivision of Section 28, H.T. & B.R.R. Company Survey,
Abstract 551, Brazoria County, Texas, according to the map or
plat thereof recorded in Volume 29, Page 9, of the Deed Records
of Brazoria County, Texas, City of Pearland, Brazoria County,
Texas
General Location: Generally Located on the East Side of State Highway 35 (Main
Street), and North of Dixie Farm Road
Commission Member Iocco made a motion to recommend approval of the zone change
request, which was seconded by Commission Member West. The motion to approve
passed 4 — 0. The zone change was recommended for approval by the Planning and
Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 1243
Page 3 of 3
WDU
200' NOTIFICATION LIMITS
SUBJECT PROPERTY.
LOR
ALEXANDER FAMILX.LIMITED PARTNERSHIP I
ALEXANDER FAMILY LIMITED PARTNERSHIP
ALEXANDER JOHN FAMILY LIMITED PARTNER
• '/1
Ss
,.
ALEXANDER JOHN FAMILY LIMITED PARTNER
O'DAY PAT EST & LYDIA'
ALEXANDER JUD-G
J ALEXANDER-JUD G
7/ \
REACTOR SERVICES INT
BURNS RICHARD J.
ZAMARRON JESSE & AMALIA V
OWNERSHIP MAP
Zone Change Application
No. 1243
W
E 0 200 400 Feet
Dill I
Map Prepared on August 29, 2005
ZONE CHANGE APPLICATION NO. 1243
Property Owner Notification List
PROP ID OWNER
R178196 ALEXANDER FAMILY LP%PATRICIA ALEXANDER WOOD
R178195 ALEXANDER FAMILY LP%PATRICIA ALEXANDER WOOD
ASSOCIATED ENTERPRISES INC
TRAFFIC CONTROL DEVICES INC
REACTOR SERVICES INC
R178192 ALEXANDER JOHN FAMILY LIMITED PARTNER
R178230 ASSOCIATED ENTERPRISES INC
R543205 ZAMARRON JESSE & AMALIA V
R178189 ALEXANDER JUD G
R178189 ALEXANDER JUD G
R178225 BURNS RICHARD J
R178199 ALEXANDER JOHN FAMILY LIMITED PARTNER
R178238 O'DAY PAT EST & LYDIA %BLANCH O'DAY MASSEY
ADDRESS
PO BOX 127
PO BOX 127
4417 MAIN ST
4417 MAIN ST
4430 DIXIE FARM RD
PO BOX 127
PO BOX 890028
14906 BROOKPOINT DR
PO BOX 769
PO BOX 769
PO BOX 459
PO BOX 127
PO BOX 131
CITY
ST ZIP CODE LEGAL DESCRIPTION
PEARLAND TX 77588-0127
PEARLAND TX 77588-0127
PEARLAND TX 77581
PEARLAND TX 77581
PEARLAND TX 77581
PEARLAND TX 77588-0127
HOUSTON TX 77289-0028
HOUSTON TX 77062-2710
BRENHAM TX 77834-0769
BRENHAM TX 77834-0769
PEARLAND TX 77588-0459
PEARLAND TX 77588-0127
PEARLAND TX 77588-0131
A0551 H T & B R R, TRACT 173C, PEARLAND, ACRES 2.050
A0551 H T & B R R, TRACT 179C (PT), ACRES 4.956
PROPERTY OWNER
APPLICANT
A0551 H T & B R R, TRACT 179 (PT), ACRES 5.211
A0551 H T & B R R, TRACT 178A2-178A3, ACRES 5.000
A0551 H T & B R R, TRACT 178F, ACRES 11.64
LTS 174B-175C-163B1-175D 551 H T & B, ACRES 14.730
LTS 174B-175C-163B1-175D 551 H T & B, ACRES 14.730
A0551 H T & B R R, TRACT 178, ACRES 0.358
A0551 H T & B R R, TRACT 179B, ACRES 5.000
A0551 H T & B R R, TRACT 179A (PT), ACRES 10.661
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF SEPTEMBER 19, 2005
Zone Change Application No. 1243
TO: City Council
Planning and Zoning Commission
SUBJECT:
A request by Traffic Control Devices, Inc., and George W.
Williams, III, applicant for Associated Enterprises, Inc., owner,
for an amendment to the Land Use and Urban Development
Ordinance of said City, for approval of a change in zoning
district from classification Suburban Development District (SD)
Light Industrial District (M-1)
LEGAL 5.00 acres, being a part of and out of Lot 178, out of the
DESCRIPTION: Zychlinski Subdivision of Section 28, H.T. & B.R.R. Company
Survey, Abstract 551, Brazoria County, Texas, according to the
map or plat thereof recorded in Volume 29, Page 9, of the Deed
Records of Brazoria County, Texas, City of Pearland, Brazoria •
County, Texas
GENERAL
LOCATION:
Generally Located on the East Side of State Highway 35 (Main
Street), and North of Dixie Farm Road
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: September 19, 2005*
City Council for First Reading: October 10, 2005*
City Council for Second Reading: October 24, 2005*
(*dates subject to change if item is tabled)
SUMMARY: The applicant is requesting a change in zoning on the subject property for
Tight industrial district uses. The subject property was annexed into the City in 1996 and
subsequently zoned SD. The subject property consists of two tracts and is currently
ZCA No. 1243
Page 1
developed with a light industrial facility, a contractor's yard and warehouse. The applicant
has indicated that they plan to expand 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.
SURROUNDING ZONING AND LAND USES:
Zoning
North Light Industrial District (M-1)
South Suburban Development
District (SD); Heavy Industrial
District (M-2)
East Light Industrial District (M-1)
West Suburban Development
District (SD)
Land Use
Undeveloped tracts
Convenience store and service
station; industrial businesses
Various industrial businesses
Undeveloped tracts
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 currently
consists of two lots that would need to be combined or replatted as one lot. The subject
property, both lots combined, meet these minimum requirements, as the subject property is
over 500 feet wide and approximately 5 acres in size.
The applicant will be required to comply with all other requirements of the Land Use and
Urban Development Ordinance.
PLATTING STATUS: Based on the legal description submitted with the zone change
application, it appears that the subject property has not been platted. The subject property
may need to be platted in accordance with the Subdivision Ordinance, prior to issuance of
a building permit. The plat will need to address all requirements listed in the Subdivision
Ordinance, and be approved by the Planning and Zoning Commission. The plat will need
to be filed for record with the County Clerk, prior to issuance of a building permit.
However, if the applicant is able to submit documentation indicating that the subject
property has been in its present configuration since March 1981, platting may not be
required. March 1981 is the effective date of the Subdivision Ordinance, which requires all
ZCA No. 1243
Page 2
properties within the City of Pearland to be platted upon a change in configuration.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004
update adopted on July 26, 2004) recommends "Industrial" for the subject property and for
all of the surrounding properties on State Highway 35 and Dixie Farm Road. The
Comprehensive Plan further indicates that the appropriate zoning districts for Industrial are
the Light Industrial District (M-1) and the Heavy Industrial District (M-2). Therefore, the
proposed zone change for Light Industrial District (M-1) conforms to the Comprehensive
Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on State Highway 35 (Main Street) and Dixie Farm Road, both major thoroughfares with an
ultimate right-of-way of 120 feet.
No other roadways affect the subject property.
The applicant may be responsible for the dedication of right-of-way for State Highway 35
(Main Street) and Dixie Farm Road, if a right-of-way dedication is necessary, if the subject
property is required to be platted.
AVAILABILITY OF UTILITIES: There is a 16 inch water main located along Main Street
and along Dixie Farm Road. There is a 4 inch force main sanitary sewer located along
Dixie Farm Road.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The proposed zone change
should not significantly affect the surrounding properties. The proposed zone change to M-
1 conforms to the Comprehensive Plan designation of industrial uses.
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.
The subject property is not adjacent to any residentially zoned properties and therefore,
screening between uses would not be required if all adjacent properties remain zoned as
they currently are.
The applicant may be required to submit a traffic impact analysis (TIA) for the subject
ZCA No. 1243
Page 3
property as it is submitted for platting or building permit, in order to determine the impact of
the proposed development on the traffic in the area, as well as the location and number of
driveways onto Main Street and Dixie Farm Road.
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 Light Industrial District uses, consistent
with the "Industrial" uses as recommended by the Comprehensive Plan, thereby
being in conformance with 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. 1243
Page 4
ZONING MAP
Zone Change Application
No. 1243
N
W+E 0 200 400 Feet
S 11111
Map Prepared on August 29, 2005
SUBJECT PROPERTY
FUTURE LAND USE PLAN
Zone Change Application
No. 1243
E 0 200 400 Feet
Bill I
Map Prepared on August 29, 2005