Ord. 509-129 05-12-97 ORDINANCE NO. 509-129
AN ORDINANCE 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 LOCATED
ON 2.00 ACRES OUT OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28,
H.T. & B. R.R. SURVEY, A-551, (G.C. SMITH SURVEY), RECORDED IN VOL.
593, PAGE 407 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS,
17605 SH 35.. (APPLICATION NO. 207) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M2) AT
THE REQUEST OF PRO-LINE WATER SCREEN SERVICES, INC., AGENT FOR
GATECH 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, Pro-Line Water Screen Services, Inc., agent for Gatech Enterprises, Inc.,
owner, filed on December 10, 1996, 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 application for amendment attached hereto, and made a part
hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 14th day of April, 1997, 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 15th day of April, 1997, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application of Pro-Line Water Screen Services, Inc., agent for Gatech
Enterprises, Inc., owner, whereby the Commission recommended and approved a change
of classification for the property described in Exhibit "A" from its existing classification of
Suburban Development District (SD) to Heavy Industrial District (M2); and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on April 28, 1997, 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 Pro-Line Water Screen Services, Inc., agent for Gatech Enterprises, Inc.,
owner, facts were presented which, in the judgment of the City Council, would justify the
approval of said application, it is therefore,
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
for all purposes changed and reclassified as Heavy Industrial District (M2).
2.00 acres out of Lot 178, Zychlinski Subdivision, Section 28, H.T. & B. R.R.
Survey, A-551, (G.C. Smith Survey), recorded Vol. 593, Page 407 of the Deed
Records of Brazoria County, Texas (17605 SH 35).
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
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
reclassi~cation of the hereinabove 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
(~j., ,1997.
'~EID
MAYOR
ATTEST:
of
.2~SSED, APPROVED, and ADOPTED on Second and Final Reading this/,~----r~day
,1997.
AP~ROVED AS TO FORM:
'
TOM REID
MAYOR
,,/Change .n Zo.,ng Caasstncauon r~om:
__ Change in Re~latio~ in Section
__ S~ci~c Use for: *
Property address: ] 7 ~ 0 -~
Lot: ] '7 ~ Block:
Metes & Bounds Description:
(unplatted property only; attach survey5
Subdivision: ,.Z'yt P ]q ] Z n 5 ~ i
Tax I.D. number: 7{~ ' ~ 5 ~ CO C/9, C/
Proposed use of land within requested designation:
N/ ncl, l'r~ e Coot k.
Record owner's name:
~--~ Jr ~ c k ,Er~ 'l' e r p r i .s e s,
Owner's mailing address:
P, 0.5o ~ / 15, Fr/e ,~ d~ u~oA,
999tq-,,9/5
Agent's name: Pro-Ain e lxJa_4ec 5c rccn ,Se, rOiCeS,
'Agent's mailing address: tO, O, gO X o~,51- .,c; , Pear
Agent's telephone number: (,Q 6' I) q 85-. 53 L 1,
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 Pearland. *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 curt ~!nd future uses on properties in my vicinity.
Owner's signature: f~ Agent's signature:
~:e~ paid. $ {C_ '~~ Da,¢ paid: X)/~ .'
fir • ;v .
.. :- . EXHIBIT "A"
•
"2 00'acres.of land, being part of and out of that certain tract land described in Deed dated April
_.11954;:from'Cecil Brown, et al to Dale Brown and wife, recorded in Volume 593, Page 407, of
ttie Deed Records, Brazoria County, Texas, the aforesaid 2.00 acres of land, being part of and
out of Lot 178, out of the Zychlinski Subdivision of Section 28, H.T.•& B.R.R.CO. Survey,
Abstract No. 551, (G.C. Smith Survey) Brazoria County, Texas, according to the map or plat
thereof recorded in Volume 29, Page 9, Deed Records, Brazoria County,Texas, and being more
particularly described by metes and bounds as follows:
. BEGINNING at a point in the centerline of a 40 foot proposed road for the Southwest corner of
the herein described tract, said point being located S. 28° 32' 16" E-241.38 feet and S 89° 49' 56"
E-393.16 feet from an iron rod marking the intersection of the Northeasterly Right-of-way line of
State Highway 35 with the Southeasterly Right-of-way line of County Road 126 (Dixie Farm
Road);
THENCE N. 00° 10' 04" E. at 20.0 feet pass an iron rod pipe set for reference corner and continue
for a total distance of 147.58 feet to an iron pipe for the Northwest corner of the herein
described tract;
THENCE S. 89° 49' 56" E. a distance of 590.32 feet to an iron pipe for the Northeast corner of
the herein described tract, being in the West line of a 40 foot road;
THENCE S. 00° 10'04"W. at 127.58 feet pass an iron pipe for reference corner and continue for
a total distance of 147.58 feet to a point in the center of a 40 foot road for the Southeast corner
of the herein described tract;
THENCE N. 89° 49' 56"W. along the center of a 40 foot road, a distance of 590.32 foot to the
PLACE OF BEGINNING and containing 2.00 acres of land.
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