Ord. 509-550 11-12-01 Tabled
Tabled 11/12/01
No Action Taken
ORDINANCE NO. 509-550
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENTORDINANCEOFTHECITYOFPEARLAND, TEXAS, FOR
THE PURPOSE OF DESIGNATING THE CLASSIFICATION OF CERTAIN
REAL PROPERTY LOCATION BEING 260 ACRES, MORE OR LESS,
BEING GENERALLY LOCATED IN THE H T. & B. R.R. COMPANY
SURVEY, A-308, AND THE H. T. & B. R.R. COMPANY SURVEY, A-551 ,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1005) (TRACT 5 - NEAR
MAIN STREET 35 @ CR 112) AS CLASSIFICATION LIGHT INDUSTRIAL
DISTRICT (M-1), 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, on November 12, 2001, THE City Council of the City of Pearland, by
Ordinance NO.1 038, annexed into the City the territory described in Exhibit "A" attached
hereto; and
WHEREAS, on the 22nd of October, 2001, 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 October, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed zoning classification for the property described in Exhibit "A", whereby the
Commission recommended and approved the classification of the property described in
Exhibit "A" as Light Industrial District (M-1) and
1
ORDINANCE NO. 509-550
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this proposed zoning application, and concurred with the
recommendation of the Planning and Zoning Commission, at a regular meeting on
November 12, 2001, and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that the property
described in Exhibit "A" in the judgment of the City Council, should be assigned the zoning
classification herein proposed, now, therefore,
BE ITORDAINED BYTHECITYCOUNCILOFTHECITYOF PEARLAND, TEXAS:
I.
The following described property located within the corporate City limits of the City
of Pearland, Texas, is hereby for all purposes classified as Light Industrial District (M-1),
such property being more particularly described as:
168 acres, more or less, being generally located in the A. B. Langerman Survey, A-
555 and the H. T. & B. R. R. Company Survey, A-538, Fort Bend County, Texas
(Tract 2A - Broadway Street @ FM 521)
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 zoning classification has been
made. The City
2
ORDINANCE NO. 509-550
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 Pearl and finds and determines that the zoning
classification 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 preseNed 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. 509-550
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 _ day of
,2001.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
4
ORDINANCE NO. 509-550
PASSED, APPROVED, and ADOPTED on Second and Final Reading this _ day
of
,2001.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRI N COKER
CITY ATTORNEY
5
EXHIBIT
I '/\~
METES AND BOUNDS DESCRIPTION
260 ACRES MORE OR LESS OUT OF
ABSTRACf NUMBER - 308 AND ABSTRACf NUMBER - 551
BRAZORIA COUNlY, TEXAS
The herein described 260 acres, more or less, being generally located in the H. T. & B. R. R.
Company Survey Abstract Number - 308 and the H. T. & B. R. R. Company Survey Abstract
Number - 551; the north line being the south line of City of pearland Ordinance Number 463;
the east line being the west line of City of pearland Ordinance Number 755 and being 450'
southwest of and parallel to the west right-of-way line of State Highway Number 35; the south
line being the north right-of-way line or the extension thereof of County Road 413 (Hastings
Field Road North); and the west line being the east right-of-way line of the Atchison, Topeka
and Santa Fe Railroad;
All that 260 acres of land, more or less, to be annexed into the City of pearland and being all
or a portion of Lots 179 - 182 and Lots 185 - 187 of W. Zychlinski's Subdivision of Sections 27
and 28 according to the plat thereof filed in Volume 29, Page 9 Brazoria County Deed Records
and being out of the H. T. & B. R. R. Company Survey Abstract Number - 308 and the H. T. &
B. R. R. Company Survey Abstract Number - 551, Brazoria County, Texas, and being more
particularly described by metes and bounds as follows;
Beginning at a point marking the intersection of the common south line of said City of
Pearland Ordinance Number 463 and the north line of Lot 182 of said W. Zychlinski's
Subdivision with the east right-of-way line of said Atchison, Topeka and Santa Fe Railroad;
1. Thence Easterly - 3,678' more or less with the south line of said City of Pearland Ordinance
Number 463 and the common north line of Lots 179 - 182 and the south line of Lots 170-
173 of said W. Zychlinski's Subdivision, passing the common east line of said Abstract
Number - 308 and the west line of said Abstract Number 551, to a point marking the
northwest corner of said City of Pearland Ordinance Number 755;
2. Thence Southeasterly - 3,145' more or less with the west line of said City of Pearland
Ordinance Number 755, said line being 450' southwest of and parallel to the west right-of-
way line of State Highway Number 35 to a point for corner on the north right-of-way line or
the extension thereof of said County Road 413;
3. Thence Westerly - 4,566' more or less, with the north right-of-way line or the extension
thereof of said County Road 413, passing the common west line of said Abstract Number -
551 and the east line of said Abstract Number - 308, to a point for corner on the east
right-of-way line of said Atchison, Topeka and Santa Fe Railroad;
4. Thence Northwesterly - 2,810' more or less with the east right-of-way line of said Atchison,
Topeka and Santa Fe Railroad to the POINT OF BEGINNING and containing 260 acres of
land, more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not to be used to conveyor establish interests in real property except
11-421-57-5 M&b-260 acres
1 of 2
those rights and interests implied or established by the creation or reconfiguration of the
boundary 'Of the political subdivision for which it was prepared."
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by:
c.L. Davis & Company
Job Number: 11-421-57-5 M&B
09/04/2001
11-421-57-5 M&b-260 acres
2 of 2
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Zoning Case No. 1005
City Council and Planning and Zoning Commission Joint Public Hearing:
October 22,2001
Location:
near Main Street @ CR 112
(Tract 5)
Existing Zoning:
Suburban Development District (SD)
Requested Zoning:
Light Industrial District (M -1)
Summary:
The property contains approximately 260 acres. The property to the North is zoned Heavy Industrial
District (M-2). The properties to the South and West are outside the City limits of Pearl and. The
property to the East is zoned Suburban Development District (SD).
Public Notice/Comment Forms were mailed to thirty (30) property owners within 200 feet of this
request. No Public Comment Forms have been returned.
Zoning Case No. 1005
Other Considerations:
· The Comprehensive Plan recommends Light and Heavy Industrial uses. The proposed
zoning is consistent with the Comprehensive Plan and compatible with surrounding uses.
. Development of this property will require a complete development review including platting,
a Traffic Impact Analysis, etc.
Staff Recommendation:
Approval
Attachments:
Public Hearing Notice
Zoning Change Application
Site Map
2
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
~ Change in Zoning Classification from: SD to: M-l
_ Change in Regulations in Section #:
Specific Use for: *
Property address: (Tract 5 - near State Highway 35 @ CR 112
Lot: Block: Subdivision:
Metes & Bounds Description: 260 acres, more or less, H. T. & B. R.R. Co. survey, A-308 &
(unplatted property only; attach survey) H. T. & B. R.R. Co. Survey, A-551, Brazoria Co., TX
Tax J.D. number:
Current use of land:
Proposed use of land within requested designation: light industrial
RecolI'd! ovmell"s llilame:
Owner's mailing address:
Owner's telephone number:
Agent's name: City of Pearland
Agent's mailing address: 3519 Liberty Drive, Pearland, TX 77581
Agent's telephone number: 281-652-1635
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearl and. *On a Specific Use Permit
request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be
incompatible with current and future uses on properties in my vicinity.
Owner's signature: Agent's signature: d -<0~~
-,
. Fees paid: $ N/c Date paid:
Received by: Application number: )rn<
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AFFIDAVIT OF PUBLICATION
The Pearland Repo~e~ News
2404 South Park
Pearland, Texas 77581
;tate of Texas
lrazoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was,:pubJished
1 Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
ircufation in Brazoria and Harris Counties, for / issues,;::as follows: -
, .
No. 7' . Date 10-05 -
No. Date
No.- Date
No. - Date
No. Date
".
Jbscribe and sworn to before me this i
, DJ
Notary Public, State 0
her r:
).':~ I.X ) \
r\~r\,p
t..' \0 ,
e:t . (I,\l'
I p\Z\~ 0'
, . \()
Published Oct. 3 & Oct. 1 C
2001
NOTICE OF A JOINT
PUBLIC HEARING OF THI
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that
on the 22nd day of October,
2001, at 6:30 p.m., the Ci~
Council and the Planninc
and Zoning Commission oi
the City of Pearland,
Brazoria, Harris and Fort
Bend Counties, Texas, will
conduct a Joint Public
Hearing in the Council
Chambers, City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of the
City of Pearland, for an
amendment to the Land
Use and Urban Develop-
ment Ordinance of said City
from Classification Subur-
ban Development District
(SD) to Light Industrial
District (M-l) on newly
annexed property, describ-
ed as follows, to wit:
260 acres, more or less,
being generally located in
the H. T. & B. A.R. Co. sur-
vey, A-30a & the H. T. & B.
R.R. Co. survey, A-551,
Brazoria Co., TX
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
Is! Young Lorfing
City Secretary
APPLICATION NO. 1005
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
:ate of Texas
'azoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was,:published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
'culation in Brazoria and Harris Counties, for / issues,:=as follows: .
. .
No. 7' . . Date /0 -/0
No. Date
No. Date
No. . Date
No. Date
2Q OJ
20.
20
20
20
"'.
I::vrn
resident
<.
)scribe and sworn to before me this
//
day of ()(~
01
Notary Public, State 0 exas
;(' ~\ \
;{ ,
>ScQ u )-,~l
{\0 \~(~\\(>~
.~~ /
i',flll")
\ IJ-I ~
Published Oct. 3 & Oct. 10,
2c<l1
NQTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that
on the 22nd day of October,
2001, at 6:30 p.m., the City
Council and the Planning
and Zoning Commission of
the City of Pearland,
Brazoria, Harris and Fort
Bend Counties, Texas, will
conduct a Joint Public
Hearing in the Council
Chambers, City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of the
City of Pearland, for an
I
amendment to the Land
Use and Urban Develop-
ment Ordinance of said City
from Classification Subur-
ban Development District
(SD) to Light Industrial
District (M-1) on newly
annexed property, describ-
ed as follows, to wit:
LEGALS
260 acres, more or less,
being generally located in
the H. T. & B. R.R. Co. sur-
vey, A.30B & the H. T. & B.
R.R. Co. survey, A-551,
Brazoria Co., TX
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
Is! Young Lorfing
City Secretary
APPLICATION NO. 1005