Ord. 509-816 02-13-06ORDINANCE NO. 509-816
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 3.785 ACRES OF LAND, BEING
PART OF 6.651 ACRES OF LAND, AS DESCRIBED IN FILE NUMBER 02-
017725, OFFICIAL RECORDS OF REAL PROPERTY, BRAZORIA
COUNTY, TEXAS, OUT OF LOTS 3 AND 4 OF THE L.W. MURDOCK
SUBDIVISION IN THE A. C. H. & B. R. R. COMPANY SURVEY, SECTION
2, ABSTRACT 507, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE
PLAT AS RECORDED IN VOLUME 29, PAGE 174, DEED RECORDS,
BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF SH 35 (MAIN
STREET), AND ON THE SOUTH SIDE OF MAGNOLIA STREET) (ZONE
CHANGE APPLICATION NO. 2006-02Z) FROM CLASSIFICATION HEAVY
INDUSTRIAL DISTRICT (M-2) TO COMMERCIAL DISTRICT (C), AT THE
REQUEST OF CLAYTON DYKES, 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, Clayton Dykes, owner, filed on December 15, 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 16th day of January, 2006, 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
1
ORDINANCE NO. 509-816
WHEREAS, on the 1st day of February 2006, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Clayton Dykes, owner, whereby
the Commission recommended denial of the change of classification for the described
property from its existing classification of Heavy Industrial District (M-2) to Commercial
District (C); 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 13, 2006; 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 Clayton Dykes, 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 Heavy Industrial District (M-2) is
hereby zoned to Commercial District (C), such property being more particularly
described as:
3.785 acres of land, being part of 6.651 acres of land, as described in File
Number 02-017725, Official Records of Real Property, Brazoria County, Texas,
out of Lots 3 and 4 of the L.W. Murdock Subdivision in the A.C. H. & B. R.R.
Company Survey, Section 2, Abstract 507, Brazoria County, Texas, according
to the plat as recorded in Volume 29, Page 174, Deed Records, Brazoria
County, Texas, City of Pearland, Brazoria County, Texas (Generally Located
on the West Side of SH 35 (Main Street), and on the South Side of Magnolia
2
ORDINANCE NO. 509-816
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.
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
3
ORDINANCE NO. 509-816
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 l3th day of
February , 2006.
ATTEST:
---,„ 411
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
27th day of February , 2006.
ATTEST:
NGdTC
Y SE RETARY
APPROVED AS TO FORM:
Zi,u,._ ite alit.,.
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
4
DEC 12 2005 13:31 FR CITY OF PERRLAND 281 652 1702 TO 92814852340 P.02
APPLICATION FOR
A CHANGE IN ZONING
PI se check one:
Change in Zoning Classification from:
(Ilst current zoni
❑ Specific Use Permit Request for :
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
rllIra ic/
(IIst proposed zoning)
(IIst proposed use)
Property information: /
Address: 3/ b in A / I
Subdivision: Lot: Block:
Tax I,D, Number: 7 6 -- 03 6 9 6)O 2
** For unplatted property, attach a copy of the metes and bounds description**
e [ off'! e GT z/ i J Cl / fr e
Current use of property
(type of structures on property):
Future/proposed use of pro erty and reason for zone change:
/2 0 /2 1 c'a r /e ?i J f�_ /7 ( ,
PROPERTY OWNER INFORMATION:
NAME (� ''roiv p YKi S
ADDRESS% ,5 O P IN I C#14:S,& d 4
CITY be/ r /e Pi STATE'7,L ZIP 7 %j ?I CITY
PHONE(),J'% ) py ,5-- P-iis ' ,,,7,�' PHONE( )
FAX( L$ I) 7 G� 3 L .3 y 0 FAX( )
E-MAIL ADDRESS C )) yx-c.5 e 5$C'4/D ial, Wei"E-MAIL ADDRESS
APPLICANT INFOFIMA1ION:
NAME
ADDRESS •
STATE
ZIP
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible .for the correctness of the
legal description given.
Owner's Signature:
6.,
Date: /2- — /2-
Agent's Signature: Date:
OFFICE USE ONLY: FEES PAID: k,
RECEIVED BY:
DATE PAID: SfC�
APPLICATION NO.p?QO (o -Oat
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REVISED LOCATION MAP
Zone Change
No. 2006-02Z
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s
0 200 400 Feet
I�1ti 1
Map Revised on January 30, 2006,
to revise the boundary on the south
to exclude the existing industrial site.
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AFFIDAVIT OF PUBLICATION N0 -46 -Z
.(Ds
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date %?- .q$ 20 Off
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this aq
day of �-e
L, ura Ann Emmons, Publisher
Notary Public, State of Texas
Published Dec. 28, 2005,
and Jan. 4, 2006
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
NO. 2006-02Z
Notice is hereby given that
on January 16, 2006, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Peariand, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall,
located at 3519 Liberty
Drive, Pearland, Texas, on
the request of Clayton
Dykes, 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 Heavy
Industrial District (M-2) to
Commercial District (C), on
the following described
property, to wit:
6.651 acres of land, being
out of Lots 3 and 4, Section
2, A.C. H. & B. R.R. Survey,
Abstract 507, L. W.
Murdock Subdivision,
according to the plat record-
ed in Volume 29, Page 174,
Deed Records, Brazoria
County, Texas, City of
Pearland, Brazoria County,
Texas (Generally Located
on the West Side of SH 35
(Main Street), and on the
South Side of Magnolia
Street) At said hearing all
interested parties shall have
the right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Senior Planner
2CU.r\C C hoA-22 it
AFFIDAVIT OF PUBLICATION' 3)c'')-e'71
s oS
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 0 1 20 bG
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20i0
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•
•
•
•
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•
•
•
•
•
•
••as•sse4*...•sr•*$•*.••
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
s
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Dec. 28, 2005,
and Jan. 4, 2006
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
NO. 2006-02Z
Notice is hereby given that
on January 16, 2006, 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,
located at 3519 Liberty
Drive, Pearland, Texas, on
the request of Clayton
Dykes, 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 Heavy
Industrial District (M-2) to
Commercial District (C), on
the following described
property, to wit:
6.651 acres of land, being
out of Lots 3 and 4, Section
2, A.C. H. & B. R.R. Survey,
Abstract 507, L. W.
Murdock Subdivision,
according to the plat record-
ed in Volume 29, Page 174,
Deed Records, Brazoria
County, Texas, City of
Pearland, Brazoria County,
Texas (Generally Located
on the West Side of SH 35
(Main Street), and on the
South Side of Magnolia
Street) At said hearing all
interested parties shall have
the right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Senior Planner
Planning & Zoning Commission
Recommendation Letter
February 1, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 02Z, a request by Clayton
Dykes, 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 Heavy Industrial District (M-2) to Commercial District (C)
Honorable Mayor and City Council Members:
At their regular meeting of January 16, 2006, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Heavy
Industrial District (M-2) to Commercial District (C), on the following property:
Legal Description:
6.651 acres of land, being out of Lots 3 and 4, Section 2, A.C. H.
& B. R.R. Survey, Abstract 507, L. W. Murdock Subdivision,
according to the plat recorded in Volume 29, Page 174, Deed
Records, Brazoria County, Texas, City of Pearland, Brazoria
County, Texas
General Location: Generally Located on the West Side of SH 35 (Main Street), and
on the South Side of Magnolia Street
Commission Member Greiner made a motion to recommend approval of the zone
change request, which was seconded by Commission Member Sherrouse. The motion
to approve tied 3 — 3. Therefore, the zone change was recommended for denial by the
Planning and Zoning Commission. Commission Members Diggs, Fuertes, and
Agenda Request 02Z
Page 5 of 6
Sherrouse voted for the motion to approve, and Commission Members Iocco, West,
and Greiner voted against the motion to approve, and Chairperson Sandars cited a
conflict of interest and did not vote. The Commissioners stated the following as
reasons for the denial:
1. The proposed zone change for C does not conform to the "Industrial" land use
designation as recommended by the Comprehensive Plan, and the M-2 zoning
district as shown on the Proposed Zoning Map.
2. The proposed zone change and use for C is inconsistent and incompatible with
existing M-2 and M-1 zoning districts and industrial uses within the subject area.
3. The proposed zone change for C does not serve as a transition to any other
zoning district.
4. There are undeveloped properties to the east of SH 35 that are zoned
Commercial District (C) and are designated for Business Commercial in the
Comprehensive Plan, and would be zoned appropriately for the applicant's
intended use.
Sincerely,
Planning and Zoning Commission
Agenda Request 02Z
Page 6 of 6
MORRISON SUE ALEXANDER
OWNERSHIP MAP
Zone Change
No. 2006-02Z
ALEXANDER CHARLES F
0 200 400 Feet
I I 1
Map Prepared on December 16, 2005
PROP ID OWNER
R162826
R175973
R237412
R175992
R175978
R175978
R237412
R175978
R175996
R175998
R175992
R175987
R175996
MORRISON SUE ALEXANDER
MARYFIELD LIMITED
AGGREKO INC TERREL DRESSEL
6-D LEASING LLC
ALEXANDER CHARLES F
ALEXANDER CHARLES F
AGGREKO INC TERREL DRESSEL
ALEXANDER CHARLES F
CLAYTON DYKES
WEATHERFORD US LP
ZONE CHANGE NO. 2006-02Z
Property Owner Notification List
ADDRESS
8 PINE BRIAR CIR
7676 WOODWAY DR STE 238
PO BOX 10004
3205 S MAIN ST
PO BOX 95
PO BOX 95
PO BOX 10004
PO BOX 95
3750 PINE CHASE DR
515 POST OAK BLVD STE 600
MORRISON SUE%MICHELLE MORRISON 14 SUGAR CREEK DR
6-D LEASING LLC
WEATHERFORD US LP
WEATHERFORD US LP
3205 S MAIN ST
515 POST OAK BLVD STE 600
515 POST OAK BLVD STE 600
CITY
ST ZIP CODE LEGAL DESCRIPTION
HOUSTON TX
HOUSTON TX
NEW IBERIA LA
PEARLAND TX
PEARLAND TX
PEARLAND TX
NEW IBERIA LA
PEARLAND TX
PEARLAND TX
HOUSTON TX
AUSTIN TX
PEARLAND TX
HOUSTON TX
HOUSTON TX
77056-1113
77063-1522
70562-0004
77581-4728
77588-0095
77588-0095
70562-0004
77588-0095
77581
77027-9408
78746-5533
77581-4728
77027-9408
77027-9408
A0147 A C H & B, TRACT 128, ACRES 9.030, PEARLAND
A0507 A C H & B, TRACT 4B-7-13, ACRES 2.3559, PEARLAND
PEARLAND SOUTH INDUSTRIAL (PEARLAND), LOT 4-4A, ACRES 6.590
A0507 A C H & B, TRACT 3A-4A, ACRES 6.652, PEARLAND
A0507 A C H & B, TRACT 3-4, ACRES 4.1081, PEARLAND
A0507 A C H & B, TRACT 3-4, ACRES 4.1081, PEARLAND
PEARLAND SOUTH INDUSTRIAL (PEARLAND), LOT 4-4A, ACRES 6.590
A0507 A C H & B, TRACT 3-4, ACRES 4.1081, PEARLAND
PROPERTY OWNER AND APPLICANT
A0507 A C H & B, TRACT 2-9-10, ACRES 32.488, PEARLAND
A0507 A C H & B, TRACT 8 UND 1/4 OF E PT, ACRES 0.9443, PEARLAND
A0507 A C H & B, TRACT 3A-4A, ACRES 6.652, PEARLAND
A0507 A C H & B, TRACT 8B-8A1-11A, ACRES 11.500, PEARLAND
A0507 A C H & B, TRACT 2-9-10, ACRES 32.488, PEARLAND
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JANUARY 16, 2006
Zone Change No. 2006-02Z
TO: City Council
Planning and Zoning Commission
SUBJECT: A request by Clayton Dykes, 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 Heavy
Industrial District (M-2) to Commercial District (C)
LEGAL 6.651 acres of land, being out of Lots 3 and 4, Section 2, A.C. H.
DESCRIPTION: & B. R.R. Survey, Abstract 507, L. W. Murdock Subdivision,
according to the plat recorded in Volume 29, Page 174, Deed
Records, Brazoria County, Texas, City of Pearland, Brazoria
County, Texas
GENERAL
LOCATION:
Generally Located on the West Side of SH 35 (Main Street), and
on the South Side of Magnolia Street
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change
application will be considered as follows:
Planning and Zoning Commission: January 16, 2006*
City Council for First Reading: February 13, 2006*
City Council for Second Reading: February 27, 2006*
(*dates subject to change if item is tabled)
SUMMARY: The applicant is requesting a change in zoning on the subject property for a
Commercial District (C). A portion of the subject property is currently developed with a
warehouse or commercial building. The subject property is currently zoned as Heavy
Industrial district (M-2). The applicant has indicated that they plan to construct a new
JPH 01-16-06
2006-02Z
Page 1
building for the Pearland Lions Club on the subject property. The Pearland Lions Club
would be classified as a "Civic Center" or "Civic Club" and would not be permitted in the
current M-2 district. However, a civic center or civic club is permitted in the Commercial
District (C), which the applicant has requested.
SURROUNDING ZONING AND LAND USES:
North
South
East
West
Zoning
Light Industrial District (M-1)
and Commercial District (C)
Heavy Industrial District (M-2)
Commercial District (C)
Heavy Industrial District (M-2)
Land Use
Undeveloped land
Existing warehouse facility/industrial
business
Undeveloped land
Existing warehouse facility/industrial
business
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
applicant is requesting a C zoning district. The minimum lot size for the C district is 22,500
square feet and the minimum lot width is 150 feet. The subject property in its present
configuration meets these minimum requirements, as the subject property is over 1,000
feet in width along State Highway 35, and is over 6 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
properties within the City of Pearland to be platted upon a change in configuration.
JPH 01-16-06
2006-02Z
Page 2
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 the west side of Main Street (SH 35) and south of
Magnolia Street. 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 does not conform to the Comprehensive
Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on State Highway 35 (Main Street), a major thoroughfare with an ultimate right-of-way of
120 feet. The subject property also has a small amount of frontage on Magnolia Street, a
secondary thoroughfare with an ultimate right-of-way of 100 feet. If the subject property is
required to be platted, additional right-of-way dedication may be required for either of these
two roadways.
No other roadways affect the subject property.
AVAILABILITY OF UTILITIES: There is an 8 inch water main on the west side of SH 35
(Main Street).
There is currently no sanitary sewer service available for the subject property.
Availability and adequacy of utilities will be reviewed during the review of any subdivision
plat or building permit applications submitted for the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The applicant is requesting a
Commercial District on an undeveloped tract of land for the development of a civic club
facility. The civic club is not a permitted use in the current M-2 district, which is the reason
the applicant has requested a zone change.
The existing zoning map indicates that all of the property between SH 35 and the railroad is
zoned either M-1 or M-2, which is zoned in accordance with the recommendation of the
Comprehensive Plan.
The subject property is adjacent to existing industrial facilities on the south and west sides.
There are also several undeveloped properties zoned Commercial District on the east side
of State Highway 35 (Main Street). If the subject property were rezoned to Commercial
JPH 01-16-06
2006-02Z
Page 3
District, any commercial activity could be built on the subject property, not just the Lions
Club facility.
The subject property does not serve as a transition district to any more intense zoning
district, since it is located at an intersection and is surrounded by other industrial facilities.
Changing the zoning of the subject property could start a domino effect for the rezoning of
other properties for commercial uses along State Highway 35.
The Comprehensive Plan designates the properties between the railroad and SH 35 for
either Industrial or Light Industrial uses. The properties along the east side of SH 35 are
designated for Business Commercial uses.
The Proposed Zoning Map does not change this area to any other district. The existing
zoning of M-2 is proposed to remain as M-2 for the subject property and the surrounding
properties to the west of SH 35, which is in conformance to the Comprehensive Plan.
If the zone change for C is approved, the applicant may be responsible for the submittal of
a traffic impact analysis (TIA) in order to determine the impact of the proposed
development on adjacent roadways and adjacent properties, as well as the locations of
driveways.
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 denial of the zone change for C, as
proposed by the applicant, for the following reasons:
1. The proposed zone change for C does not conform to the "Industrial" land use
designation as recommended by the Comprehensive Plan, and the M-2 zoning
district as shown on the Proposed Zoning Map.
2. The proposed zone change and use for C is inconsistent and incompatible with
existing M-2 and M-1 zoning districts and industrial uses within the subject area.
3. The proposed zone change for C does not serve as a transition to any other zoning
district.
4. There are undeveloped properties to the east of SH 35 that are zoned Commercial
District (C) and are designated for Business Commercial in the Comprehensive
Plan, and would be zoned appropriately for the applicant's intended use.
JPH 01-16-06
2006-02Z
Page 4
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• Location Map
• Property Ownership Map
• Property Owner Notification List
• Zoning Map
• Future Land Use Plan
JPH 01-16-06
2006-02Z
Page 5
DRAFT
MINUTES OF THE JOINT PUBLIC HEARING
OF JANUARY 16, 2006
The Public Hearing for Zone Change 2006-02Z was called to order at 8:29
p.m. by Mayor Tom Reid
G. Zone Change 2006-02Z
A request by Clayton Dykes, 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 Heavy Industrial District (M-2) to
Commercial District (C), located on the West Side of SH 35 (Main Street),
and on the South Side of Magnolia Street.
Chairperson Ruby Sandars read the purpose into the record.
Planning Director Lata Krishnarao presented the Staff Report,
recommending denial.
The applicant, Mr. Clayton Dykes spoke in favor of the zone change.
There was no one present to speak for or against this zone change.
There was discussion between the Council/Commission/Staff.
Councilmember Cole wanted clarification that the applicant was only
seeking a change on 4.5 acres, and not the entire 6.5 acres. City Attorney
Coker explained that the applicant could go with less acreage.
Councilmember Cole stated he supported this. Councilmember Marcott
strongly voiced his opinion with the concern of rezoning more M1 and M2
zones. He supports the Lions Club, but does not support this location.
Councilmember Cole stated he agreed with Councilmember Marcott on
the concern of the M1 and M2 zoning, but asked how many industrial
permits had been requested in the last five years. Councilmember
Marcott stated that the PEDC is currently putting in a sewer line, but it
hasn't been there in the past. Councilmember Cole was concerned with
where is Industrial going. He felt most industrial was going towards major
freeways. Brief discussion continued between Council/Commission/Staff.
The Public Hearing for Zone Change 2006-02Z was adjourned at 8:47
p.m.
JPH Minutes, 1/16/06
DRAFT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JANUARY 16, 2006
G. Consideration & Possible Action of Zone Change 2006-02Z
A request by Clayton Dykes, 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 Heavy Industrial District (M-2) to
Commercial District (C), located on the West Side of SH 35 (Main Street),
and on the South Side of Magnolia Street.
Commissioner Greiner made of motion to approve for the sake of
discussion, and Commissioner Sherrouse seconded.
There was much discussion among the Commissioners. Commissioner
Fuertes, Commissioner Sherrouse and Commissioner Diggs stated they
were in favor of this zone change. Commissioner West, Commissioner
Greiner and Vice -Chairperson locco stated they were against this because
of the Commercial zoning in an industrial area. Commissioner Diggs
asked the applicant if he had tried to sell the property, for another use.
The applicant stated he has tried for three years to no avail.
Chairperson Sandars asked to be excluded from the vote, as her husband
was a Lions Club Member.
The vote was 3-3. The zone change was denied, due to a lack of a
majority, with Chairperson Sandars abstaining. The reasons for denial
were the same as those listed in the Staff report.
P&Z Minutes, 1/16/06
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REVISED ZONING MAP
Zone Change
No. 2006-02Z
0 200 400 Feet
1'111
Map Revised on January 30, 2006,
to revise the boundary on the south
to exclude the existing industrial site.
REVISED FUTURE LAND USE MAP
Zone Change
No. 2006-02Z
N
W+E
s
0 200 400 Feet
liii1 I
Map Revised on January 30, 2006,
to revise the boundary on the south
to exclude the existing industrial site.
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 /- y 20 _L%
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20t%
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of yJ
Laura Ann Emmons, Publisher
Notary Public, State of Texas.
_ ,..,
1\ LEGALS
Published Dec. 28, 2005,
and Jan. 4, 2006
NOTICE OF A JOINT PUB!
LIC HEARING OF THE
CITY COUNCIL AND THE
;PLANNING AND ZONING
'COMMISSION OF THE
'CITY OF PEARLAND;
TEXAS
ZONE CHANGE
NO. 2006-03Z '
Notice is hereby given that)
.on January 16, 2006, at'
i 6:30 p.m., the City. Council,
I and Planning and Zoning
Commission of the City ofi
Pearland, in Brazoria; Hams!
and Fort Bend Counties,!
1 Texas, will conduct a joint!
V public hearing in the Council:
•Chambers of City Hall,J
locatedrat 3519 Liberty;
Drive, Pearland, Texas, on
the request of Frank(
Chavez, owner, for. and
amendment to the Landi
Use. and Urban!
a Development Ordinance ofi
said City; for approval of a°
change in zoning district,'
from classification Single!,
, Family Dwelling District (R- j
" 1) to Commercial District,!
(C), on the following I
described property, to wit:1
0.92.acre tract of land locat- ,
ed in the H. T. & B.R.R.
Company Survey, Abstract
509, Cas Con Acres, Lots 1
and 2, Block 1, "City of
Pearland, Brazoria County,
Texas (Generally Located
on the East Side of Harkey ,
Road, and on the North'
Side of Willow Street)'
At said hearing all interest-
ed parties shall have the
right and opportunity to
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, 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 /'7 20 _—
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to
20�1
day of
hJ
Laura Ann Emmons, Publisher
Notary Public, State of Texas.
0?004- b2 Z
Published Dec. 28, 2005,
_ and Jan. 4, 2006
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL. AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE
NO.2006-02Z
Notice is hereby given that
on January 16, 2006, 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,
located at 3519 Liberty
Drive, Pearland, Texas, on ,
• the request of Clayton;
Dykes, -owner, for an
amendment to the Land'
' Use 1, and Urban'
Development Ordinance of,
said City, for approval of a
change in zoning district'
from classification Heavy;
, Industrial District (M-2) toi
Commercial District (C), on!
the following described)
property, to . wit:1
6.651 acres of land, being!
out of Lots 3 and 4, Section
• 2, A.C. H. & B.•R.R. Survey,'
Abstract 507, L. W.1
Murdock Subdivision,i
according to the plat record-
ed in Volume 29, Page 174,1
Deed Records, grazoria1
County, Texas, City of I
Pearland, Brazoria County,
Texas (Generally Located
on the West Side of SH 35 ,
.-(Main Street), and on the,.
South Side of Magnolia!
•Street) At said hearing all;
interested parties shall have'
the right and opportunity to
appear and be; heard on the!
subject. • -
Is/ Theresa Grahmann
Senior Planner
I