Ord. 2000M-0060 2009-02-23ORDINANCE NO. 2000M-60
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY, 6.5953 ACRES LOCATED IN
THE H.T & B.R.R. CO. SURVEY., ABSTRACT 232, IN THE CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS AS SHOWN ON THE AMENDING PLAT OF
MYKAWA INVESTMENTS CLERK'S FILE NO. 97-016096 B.C.C.O; REMAINDER
OF A 12.00 ACRES THIRD COAST PACKAGING INC. CLERK'S FILE NO. 97-
016096 B.C.C.O.; AND 2.9125 ACRES THIRD COAST PACKAGING, INC.
CLERK'S FILE NO. 00 022591 B.C.C.O., LOCATED ON 1871 MYKAWA ROAD,
(ZONE CHANGE APPLICATION NO. 2009-01Z), FROM CLASSIFICATION HEAVY
INDUSTRIAL (M-2) TO PLANNED DEVELOPMENT (PD), AT THE REQUEST OF
STEPHEN ENGBROCK, APPLICANT FOR THIRD COAST PACKAGING,
OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Stephen Engbrock, applicant for Third Coast Packaging, owner,
filed an application for amendment to Ordinance No. 2000M, the Zoning Map of the
City, for approval of a change in the zoning district, 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 more graphically depicted in the location map
attached hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 19th day of January, 2009, 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 hereto and made a part hereof for all
purposes as Exhibit "C", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 19th day of January, 2009, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Stephen Engbrock, applicant for
Third Coast Packaging, owner, whereby the Commission recommended approval of the
ORDINANCE NO. 2000M-60
change of classification for the described property from its existing classification Heavy
Industrial (M-2) to Planned Development (PD), said recommendation attached hereto
and made a part hereof for all purposes as Exhibit "D"; 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 23rd day of February,
2009; 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 Stephen Engbrock, applicant for Third Coast Packaging, 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:
Section I. The following described property located within the corporate
City limits of the City of Pearland, Texas, and presently classified as Heavy Industrial
(M-2), is hereby zoned to Planned Development District (PD), in accordance with all
conditions and requirements listed in the Planned Development (PD) Document, also
known as Exhibit "A" attached hereto and incorporated for all purposes, such property
being more particularly described as:
6.5953 acres located in the H.T & B.R.R. Co. Survey., Abstract 232, in the city of
Pearland, Brazoria County, Texas as shown on the Amending Plat of Mykawa
Investments Clerk's File No. 97-016096 B.C.C.O; remainder of a 12.00 acres
Third Coast Packaging Inc. Clerk's File No. 97-016096 B.C.C.O.; and 2.9125
acres Third Coast Packaging, Inc. Clerk's File No. 00 022591 B.C.C.O., (1871
Mykawa Road), with the condition that reciprocal agreement between parcels A
and B regarding landscaping and parking, as approved by city's legal
department, be recorded.
Section II. The City Council of the City of Pearland finds and determines that
Page 2 of 4
Ord No 2000M-60
ORDINANCE NO. 2000M-60
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.
Section 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.
Section 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.
Section 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.
Section VI. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein
granted for the reclassification of the herein above described property.
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
Page 3 of 4
Ord No 2000M-60
ORDINANCE NO. 2000M-60
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of
February, 2009.
~~
TOM REID
MAYOR
ATTEST:
Y NG N ,T C
I Y S RETARY
PASSED, APPROVED, and
day of February, 2009.
D on Second and Final Reading this 23ra
~/Yy(i
EID
MAYOR
ATTEST:
Y NG I G, C
SECRETAR
APPROVED AS TO FORM:
` ~.a~ [~.
a.,.~_
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-60
Exhibit "A"
Application
Ordinance No. 2000M-60
ZONE CHANGE APPLICATION Page 1 of 4 Updated May 2008)
City of Pearland
Community Development
~~ APPLICATION FOR 3523 Liberty Drive
~.
"~ ,A,~- ~~ -- ~'~ A C HAN G E I N ZONING Pear a~ d Text sC77581
~i s _ /. r _ ". _ 281-652-1768
.,:~% 281-652-1702 fax
www.cityofpearland.com
Current Zoning District: ~ ~
~~ n
Proposed Zoning District: /
Property Information: /
Address or General Location of Property: ~ =~ ~ %
Tax Account No.
Subdivision:
Lot:
Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
// // , %•~
NAME "~f~in~,Y. ('~.;P ~,:. ~., -,,,~
ADDRESS /f %/ /r'.; .E~:,:•
CITY /"c ...-- ~ ~ STATE ! X ZIP ' ~ r/
PHONE( ~'~"~ ) y/~ `~ ~ ?~_
FAX( ,`'r'r ) y ~ `~ ~~ ~ ~
E-MAIL ADDRESS ~r+~r-,./,_„_~~•' i.._--,,;.I,.~..~
APPLICANT INFORMATION:
NAME ~ r~._,~r /~_ Eti~:, ., _, ~ ~.
ADDRESS ~~ -' ~ C't i ~"' "~~
CITY i ~ :'/' ~ _~ STATE 7 -t ZIP - ' -, Y ~
PHONE( ~~ i ) 9 % ~ ' - ~: ', i
FAX( ~-` ~ ) y~ % r/ T 7
E-MAIL ADDRESS .: ~;' ~ ;~, ~-~ . ~ ,E E--' ~ ~' ;.t c~ ~, ,: ,. /~ c=~ .'t,
'Property owner must be the current owner of the property at the time of submittal of the application, and not the party
that has the property under contract.
As owner and applicant, I hereby request, approval of the above described request as provided for
by the Unified Developm nt Code of the City of Pearland.
. ~ i„-~" i
Owner's Signature: -~~ `~• ~ ~ ~-' Date: ~ - -
Agent's Signature: -- ~ ~~- Date:
-,
OFFICE USE ONLY:
FEES i DATE i RECEIVED RECEIPT
PAID: PAID: ~ BY: ~ NUMBER:
i; 7T - a~ 7 -~/5
Application No. ~i.~!GC-Cj - c ~~-
MCGUFF ARCHITECTS
5208 BROADbVAY #208
PEARLAND,TEXAS
THIRD COAST TERMINALS
PLANNED DEVELOPMENT (PD) FORMAT
11/19/08
Revised 1!27109
Introduction:
A. Description of the Subject Property:
The subject property consists of three (3) parcels - "A".
"B" and "C".
Parcel "A" is developed with warehouses and tank farms,
including Main Warehouse No. 1 (49,468 sq.ft.), Warehouse
No.1 Office (1,468 sq.ft); Warehouse No. 2 (4,544 sq.ft.);
Warehouse No.3 under construction (14,925 sq.ft.), future
Warehouse No.4 (49,000 sq.ft.) and Two (2) existing Tank
Farm areas (81 tanks), Future Tank Farm (+- 90 tanks) in
existing Detention area and Railroad Spurs.
Parcel "B" is developed with two (2) Office Buildings and
Parking, including Office Building (4,760 sq.ft.); Office Building
(2,460 sq.ft.); Office Parking Area (39 spaces) and future
Parking Area for Warehouses located in Parcel "A"
(80 spaces).
Parcel "C" is undeveloped.
B. Description of Proposed Development:
The property is used as a Chemical Packaging and Blending
Facility" with this use being permitted by an existing
Conditional Use Permit. The development will be the
expansion of the current industrial complex consisting of
Warehouse No.4 (49,000 sq.ft.) including additional office
space (3,500 sq.ft) and additional Tank Farm Area in the
current Detention Area.
Third Coast Terminals is a provider of Bulk Liquid
Handling solutions to the Petrochemical, Fine Chemical,
Food and Pharmaceutical Industries.
C. Describe the area of land in acreage:
The total industrial complex consists of +- 21 acres,
Parcel "A" = 15 acres (Third Coast Packaging, Inc.),
including Detention !Tank Farm of 3 acres.
Parcel "B" = 3 acres (Mykawa Investments).
Parcel "C" = 3 acres (Mykawa Investments).
THIRD COAST TERMINALS
PD FORMAT
11/19/08, revised 1127/09
D. A statement as to the purpose and intent of the PD district
established therein:
The purpose and intent of the PD district is to provide
continuing industrial services including Contract
Manufacturing, Toll Processing, Bulk Product Storage,
Rail and Transportation Logistics, Warehousing and
Distribution, Industrial Packaging, FDA and Kosher
Packaging, Laboratory Services and Blending.
I I. Zoning and Land Use:
A. Describe the existing zoning districts and the boundaries
of said districts. Generally describe the location of the
various districts. Use zoning districts from the UDC, and
refer to locations on the Design Plan.
Third Coast Terminals industrial complex is zoned as
per the current UDC as Heavy Industrial (M2);
Property to the North is zoned M2; Property to the East,
West and South is zoned Light Industrial (M1).
6. Describe the base zoning district(s) to be overlaid, together
with the boundaries of the district(s). and describe the areas
in acreage of each different district.
The base zoning district to be overlaid is M2. The
property to the North is zoned M2 consisting of
approximately 20 acres; Property to the South is zoned
M1 with the boundary from the South property line of
Third Coast Terminals to Orange Street; Property to the
East is zoned M1 with boundary from the BNSF railroad
to State Highway 35; Property to the West is zoned M1 with
boundary unknown.
C The general standards applicable to development within the
district, with or without reference to the base district, including but
not limited to: density, lot area, lot width, lot depth, yard depths
and widths, building height, building elevations, coverage, floor
area ratio, parking access, accessory buildings, signs, lighting,
project phasing or scheduling, management associations and
such other requirements as the City Council may deem necessary
in order to implement the Comprehensive Plan and the purpose of
the PD District.
THIRD COAST TERMINALS
PD FORMAT
11 /19/08, revised 1 /27/09
Property Area - 21 acres (914,760 sq.ft.)
Property Width - 634.44 ' at Mykawa Road.
Property Depth - 1,370.00'
Main WH Building Height - 22' eave height; 28' overall
Parking Access -private access roads on North and South
Sign -existing sign at Mykawa on South access road to remain
D. 1. Provide a table outlining the percent of use in each zoning
classification. Include detention and major thoroughfares
as separate items. Discuss possible variations from
percentages in table and amount of variance requesting,
if any:
Land Use Summary:
Use -Industrial Complex
Acres - 18.453 acres
Zoning District -Heavy Industrial (M2)
Detention Area - 2.9125 acres
E. The permitted, conditional and accessory uses authorized in the
district, the location of such uses, the residential densities or other
measurements of development intensity associated with base
districts or phases of the development in conformance with the
approved Design Plan.
No accessory uses required
No residential densities
III. Design standards applicable to the development:
A. Signage, Landscaping, Fencing, Parking, Screening, Trees, etc.
Be sure to carefully consider all relevant regulations pertaining to
the various land use requirement, and if necessary address them
in PD. These may be addressed with specific separate plans or
as part of the Design Plan. State that these items are as per the
UDC, or list variations.
SIGNAGE -existing company sign is located at Mykawa Road
to remain in place.
LANDSCAPING -existing and new landscaping as shown on
landscape plans, sheets ML1 and ML1.1 (exhibits B & C) ;
Parcel "A" is exempt from all landscaping -the required
-~
THIRD COAST TERMINALS
PD FORMAT
11 /19/08, revised 1 /27/09
landscaping will be located
on Parcel "B" and wilt meet all requirements including
requirements for Parcel "A"; Parcel "C" will meet all
landscaping requirements when developed.
PARKING -required parking for Parcel "A" (warehouses and
offices) and Parcel "B" (offices) will be located all on Parcel
"B". Total on-site parking provided will meet the requirements
of the Unified Development Code.
PLATTING -
Parcel A will be platted as shown in Exhibit B with the
following variations:
a. Lot width will be reduced to 60' with frontage on the
private road as shown on the approved plat titled "Amending
Plat of Mykawa Investments - A subdivision of 6.5053 acres
located in the H.T. & B.R.R. Co. Survey Abstract 232 in the city
of Pearland, Brazoria County, Texas."(Document #
2006031432)
b. The private road will be platted without a bulb (on parcel
A) at the eastern end and no sidewalks and as per the
approved "Amending Plat of Mykawa Investments - A
subdivision of 6.5053 acres located in the H.T. & B.R.R. Co.
Survey Abstract 232 in the city of Pearland, Brazoria County,
Texas." (Document # 2006031432).
B. Refer to Design plan and describe which aspects of plan are
precise and which are general (generally, unless requested,
do not show items on the Design Plan unless you are willing
to accept them as concrete or fairly specific. Unless clearly
marked as general and described as such, anything in the
Design Plan will be considered to be part of the plan as shown):
Warehouse No.1, Not and No.3, Warehouse Office, Front
Offices, Parking, Fire Lanes and Landscaping are specific;
All remaining items shown on the Master Site Development
Plan (Design Plan), sheet MSP1.1 are general.
C. A specific list of deviations from standards in the base zoning
district(s) together with any standards in the ordinance which are
to be varied for development within the PD district
THIRD COAST TERMINALS
PD FORMAT
11/19/08, revised 1/27/09
Refer to III A -deviations proposed for landscaping and
parking.
III D. Add a note that all requirements of the Unified Development
Code will be met, unless specifically mentioned in this Planned
Development:
All requirements of the Unified Development Code will be
met except those mentioned in 111 A (platting, landscaping &
parking).
IV. Required dedications of land or public improvements:
All dedications of land or public improvements have been
previously completed.
V. A phasing schedule for the project, where applicable, setting forth the
dates for submittal of site development plans and the timing of
performance by the developer for dedications of land or public
improvements and satisfaction of any conditions in relation to the
phasing of development, where applicable.
Phasing Schedule:
New Tank Farm over Detention Area to begin November 2008.
New North Private Access Road -March 2009.
New Warehouse No.4 and Office -June 2009.
VI. Exhibits:
A. Design Plan (Master Site Development Plan) -Exhibit "A"
B. Master Site Landscaping Plan, sheet ML1 -Exhibit "B"
C. Enlarged Landscape Plan, sheet ML1.1 -Exhibit "C"
D. Reciprocal Agreement for Parking - "Exhibit D"
E. Reciprocal Agreement for Landscaping - "Exhibit E"
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RECIPROC.aL SH.aRED P.aRI:I\G AGRLE~[E~T
THE ST.-ATE OF TEY.~S
C'O[.'~T~' OF BR.-~ZORIA
`[vkawa Investments (h~r;:inafter "~Iyka«a"). the owner and lwlder of the Real Proporty
described as Parcels "B" and "C" includim~:
two parcels of land appn~ximately 3 acres =each located at 1871 iV[ykawa Road.
Pearland, Tcxas 77~S 1 on the east side of the road with Parcel C being undereloped.
and Parcel B consisting ufnvo (2) office buildings (1 bldg. with 4.760 Sq. Ft.; 1 bids.
evith'_,460 Sq. Ft.) and 39 parking spaces with future parkin; spaces fur warehouses
located in Parcel .~ ofapproximately 80 spaces (known as the "~Ivkawa Property"):
and.
shown on E.r{iihit ".-l "attached hereto and incorporated herein for all purposes (the "Property"),does
hereby GR.~~T ADD COvVEY to, Third Coast Packaging, Inc. (hereinafter `'Third Coast") the
owner and holder of the Real Propuny described as Parcel ":~" including:
one parcel of land approximately 1 ~ acres = located at 187 l ~[ykawa Road, Pearland,
Texa; 7781 on the east side of Parcels B and C above with developed warehouses
and tank farms, including warehouse no. 1 (-I9,d68 Sq. Ft. ), warehouse no. 1 officz
(1,468 Sal. Ft.); warehouse no. 2 (4,44 Sq. Ft. ); warehouse no. 3 under construction
(14.9~~ Sq. Ft.): future warehouse no. 4 (-19,0!)0 Sq. Ft.) and Two (2) existing tank
faun arras (81 tanks), future tank farm (90. tanks); detention area and rail spur
(kno~~n as the "Third Coast Property"): and,
as shown un Exhibit ",-I " as Parcel C; the JOLT RIGHT TO USE PORTIO`S OF THE
PROPERTY FOR PARKING associated with the joint use of the Third Coast Terminals Planned
Development all collectively shown on E.rhibit ".-I " as Parceis :~, B, and C, attached hereto and
incorporated herein for all purposes.
Any use of the Property by and between ~iykawa and Third Coast (collectively the "Parties")
in connection with this a,reement shall be fur the sole purpose of parking for employees, visitors,
customers, and contractors to the packaging and blending facilities including its offices and for the
sole benefit ~lykawa and Third Coast and its business ventures together or separately. ~Iykawa and
Third Coast shall, at all times during the term of this Agreement, allow the mutual and reciprocal
use of the Parcels, and in the use of said rights and privileges herein granted, neither party shall
create a nuisance or du any act that will be detrimental to said Property or the business of each Party.
The term of this Agreement shall ntn concurrent with the opzratiuns of Third Coast Packaging
and shall expire earlier only at such time as the principal use upon theProperty of blending and packaging
chemicals ceases.
Each Party, at its own cost, shall maintain at all times during the term of this Agreement,
Page t of
Commercial General Liabilit`j insurance, protecting the Parties to this a~~reement from liability and. or
damages.
This a~eement may only be amended, modi tied, or supplemented by written agreement and
signed by representatives ofboth Parties. No assignment by a Party hereto of any rights under or
interests in this agreement shall be binding on another Party hereto without the written consent of
the Party sought to be bound.
ti~'henever possible, each provision of this agreement shall be interpreted in such manner as
to be et~ective and valid under applicable law, but if any provision of this agreement is prohibitive
or invalid under applicable law, such provision shall be ineffective to the extent of such provision
or invalidity, without invalidating the remainder of such provision or the remaining provisions of
this agreement.
This Agreement shall be construed and enforced in accordance with and governed by the laws
of the State of Texas. This Agreement and all obligations created hereunder shall be performable
in Brazoria County, Texas.
EXECUTED and EFFECTIVE this the ~ day of vc~+,~ar , 2009.
ivIYKA~Va I`VEST~IENTS THIRD COAST PACKAGI`G, [\C.
A horized Agent .
f r-, G 1 ~u~s e.-, iPres ~ale.tt
Printed Name and Title
~ ~~_~
Au orized Agent _
G/l„~ CN,~JR.J yicA. ~'ntisiOR.~ ~
Printed Name and Title
STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on this ~ day of January, 2009 by
y V' (/ VV ,
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on this 7 day of January, 2009 by
V'rolvfi IJOffiS
Notary Public in and for the State of Texas
-
,
,
.
,-, VIOIEi ttitlCHEIE NORRIS
e
,,
,
;'=_
_ ;. ,;
'
~'~ Notary Fublic, State of Texas
My Cortxnissivn ExGres
~;;;;:•;
,,.N Page 2 of 2
July 21, 2010
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~I~ l.al~ a Ins cstntrnts i h~rein..ltt_r "~I ~;1'.~ a"). the o`.~ ner and il~~ld.r ~~f the Real Pr~~E ert~
.+,;~,,,hed a; Parcel; "f3'• and "L .. inclu.!ir,~,. .
[`.1l? paCCels Ot land apprOXli?Liles!`. _ :1~1'ei -each i~'~ated at Il^I ~l`:ka~~'a R~YIiI,
PeaCla[ll!. Tea; '''_`•~ti 1 ll[l flit :a~I side uI tl]e rival! ~•~ ilil P.lr~::i C heltl_ UI?~!e~ .:I~`I)l'll.
ar,d P:u-cel C3 ,:,in;i;t:r.'7 i~t t`.<<, (~ l,,lti;:;; buil~iil:~; t l bl,i'z. «ith ~.?ht) ~~I Ft.: I hi~1_.
'.l l(Il ~.-1M) ~~l F[. I .l[ld ?`) p:lrLlll_~ ;p.l:es 1~~1t}I Ill[llr~ par11I7'? spaces Iul' `.~ a:'eh~rUi.:;
located in Parcel :1 ut aiipru•cimat.l:. ~1) space; Ikno~~ n a~ the "`(~!.a~.~a Pn,pcrt~."1:
and.
jh~~~~ Il Oll E.1'~i/h11 ".I at[ae}led Here R` .U,:d II1C~?r fi~~ra[el! I1JI'c 1I' t: `r 1: 7111~`t?scs (the "Pl'op. rte' ). di~e~
hereh~, C;R.~\T .~~D CO~i`'El~ tu. Third Coast Pacl:a~in~,, Inc. thereinafter "Third Coast")the
~,`.lilei' tl[ld il,,lder of the Real Pr,~p.:rt'.- described a; P,(rcel ".~' includin`a:
ur.e parcel ufland ai,prutimatel~ l ~ acres - located a[ l ~~ 1 ~(~ ka~~ a Read. Pearland,
Texas 7,81 on the east sid,: of Parcel; B and C above ti~ith de~:;loped uarehut:>::>
alld Tani; tar'lli. lncllldln'x ~~al'ehl)U~e 11~J. I (~~1,-If,~ 5~I Ft. ). 1~ar~ilOlhe n(1 I Otii~e
I l,-Iba ~~1. Ft.l: «arhousc nu. _' (-L~-I-J Sd. Ft. ): ~~ ar~n~~u;:, n~~. ; ut,~icr runsm:ctiotl
t 1~.~'_~ SCI Ft. l: tutor,: ~c~_u•ehuu~c nu. -J I-I').li~~;t) ~~j. Ft.l atld T~~o (?1a.~itin, tsn
tarln areas (~l tan,ls}, ft:rlre tan; tarn I~)U- tanks): detention area and rail spur
(kno«n as the "Third Coat Propert}"!: and.
as sho'sr, un E.l;lihi; ".I " as Parcel C; tl•:e JO[~T RIGHT TO C ~E PORTIO~~ OF TffE
PROPERTY' FOR L.~~D~C:\PI\G a,;~?ciat.d ~~it:1 thujoint u;e ut the Third Coat TcRUinals
Plallne:i D.~ elooment all collecti', elv sho« n un E.t"i'rit,it ".-l ' a Parcels .-~. B.:u:d C. attached hereto
and incorporated herein ti,r all pur}~oxs.
.-~tl., use of the Propcrt} h~ an~i bet>~ ctl ~I~ka'.~ :1 alld Tfllr~i 1. lta;i IcUllccti~ cl~: the "Partic~'~I
In Cllllll~l CIOn `.~ llll till; a~lCeelllell[ shall be tOC the s~~le plll'p0~~ Ot~ 1:111~IiCaplrl`1 t0 COnlplV 1ti iIh Ih~
~(.ls[er Site Deg elopnlent Pian berneen th;: Parcels and the Parses :old fur the sole benetit \(yka`.~ a
and Third Coast and its business ~ cnture; tu'~ether ur scp:lratcl} ~I~ ~a`.~:1 and Third Coast steal I, at
a!I tinges Burin J th; term ~`f this .~~a::ement, allo`.~ the ntunaal and reciprocal use of the Parcels. and
lIl the lle Ot ~a1d Cl~hli illld prl~ Ilexes hCrelll ~JI"all[:'u, tl:llr~r part`. ~lalll CC~atc a nlll~ant'C (lr iI~) .111
act that «il; be detrinlenta! to said Property ur the business of each Part.
Th,: t~R?1 l,I ti?li ~'Ji'eelilellthail rll[l Ci~nCt1t7c11[ Rlth the Opc:ralli~ll~ oI Thlnl C'~1ajt Pa~(;n'`'lll
alld ~iklil \i)tt'.' ~arller ~~[lI_. aI iUCll tl[lle a~ the F?I'lil~lpa{ ll~c; UI)~~Il Pr~~p::rt`• ~~t tl{~II~I:I;`U :lrlli [~.1~!~a'_?I[1'J
Chellli%3{: ~~a~e~.
E:al•~a Parr. a[ 1I; U~~ ^ l'UiI, shall I11a1P.L11I1 a[ all tliiles dtlCllll tl:.' t.rnl ~)l lllli .-~11'eelllerlt.
P~l~`:: 1 ut '
Commercial General Liability insurance, protecting the Parties to this agreement from liability andfor
dama~aes.
This agreement may only be amended, modified, or supplemented by written agreement and
signed by representatives ofboth Parties. No assignment by a Party hereto of any rights under or
interests in this agreement shall be binding on another Party hereto without the written consent of
the Party sought to be bound.
Whenever possible, each provision of this agreement shall be interpreted in such manner as
to be effective and valid under applicable law, but if any provision of this agreement is prohibitive
or invalid under applicable law, such provision shall be ineffective to the extent of such provision
or invalidity, without invalidating the remainder of such provision or the remaining provisions of
this a>reement.
This Agreement shall be construed and enforced in accordance with and governed by the laws
of the State of Texas. This Agreement and all obligations created hereunder shall be performable
in Brazoria County, Texas.
EXECUTED and EFFECTIVE this the ~ day of ~n~r- , 2009.
ivIYKAWA INVESTivIENTS
THIRD COAST PACKAGI`G, IrC.
A orize Agent
.J r „-~ ltrws ~+ f~r~_
Printed Name and Title
STATE OF TEXAS §
COUNTY OF BRAZORIA §
~ --~
Au orized Agent _
Printed Name and Title
This instrument was acknowledged before me on this ~ day of January, 2009 by
11ro-~.t 1J~trc 5 ~~~~
cam- ~~~
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknotivledged before me on this ~ day of January, 2009 by
~~
ytpl~E uurs•~S
rn~~-cam " t ~~
Notary Public in and for the State of Texas
~ ,~~ j- ?,, VIOIEt M1CHElE NORMS Page 2 of 2
1 ~~~^ Notary Pudic. State ~Texaa
;;. : tNy Camrrnssion Expires
s+y~~./i„' N a }Uty 21, 2010
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. 7 F
a Y S E n o
. _ i a
Exhibit "B"
Location Map
Ordinance No. 2000M-61
LOCATION MAP T
ZONE CHANGE NO. 2009-01Z NORTH
1871 MYKAWA ROAD
AFFIDAVIT (~F PUB11C, Exhibit"C"
Publication
Ordinance No. 2000M-60
The Pearland Reporter News -_
2404 South Park
Pearland, Texas 77581
~tate of Texas
razoria and Harris Counties ~ '
Lloyd' Morrow, hereby certify that the notice hereb a ende
Y pp d was published
I THE REPORTER NEWS, a newspaper of general circulation in Brazoria Harris
nd Galveston Counties, for / '
issues, as follows:
No. / Date /.2• ,3 ~
"° .N-°• Date
No. Date
No. Date
No. Date
.,
ubscribe and sworn to before me this__ ~~
0~_
oe~ooooooc
~~'ar -``t' LAURA
' Notary Pt
+''~ o~ ~`' My Commis
20 O~
20 ._
20
20
20
/~~
CFO
day of ~ ~-
ns, Publisher
Notary Public, State of Texas
~une ~ o?C~`~-~~Z
C~ ~~
Published December 31,
2008 and January 7, 2009
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COMMIS-
SION OF THE CITY OF
PEARLAND,TEXAS
ZONE CHANGE N0.
2009.012
Notice is hereby given
that on January 19, 2009,
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 Community
Center of City Hall, locat-
ed at 3523 Liberty Drive,
Pearland, Texas, on the
request of Stephen
Engbrock, applicant for
Third Coast Packaging ,
owner, for approval of a
change in zoning district
from classification Light
Industrial (M-1) to
Planned Development
(PD), on the following
described property, to wit:
6.5953 acres located in
the H.T 8 B.R.R. Co.
Survey., Abstract 232, in
the city of Pearland,
Brazoria County, Texas as
shown on the Amending
Plat of Mykawa
Investments Clerk's File
No. 97-016096 B.C.C.O;
remainder of a 12.00
acres Third Coast
Packaging Inc. Clerk's
File No. 97-016096
B.C.C.O.; and 2.9125
acres Third Coast
Packaging, Inc. Clerk's
File No. 00 022591
B.C.C.O. (Generally
located at 1871 Mykawa
said hearing, all inter-
ed parties shall have
right and opportunity
appear and be heard
the subject.
Krishnarao
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 ap ended was
In THE REPORTER NEWS, a newspaper of general circpulation in g published
~.nd Galveston Counties, for / razona, Harris
issues, as follows:
No. ~ _ Date T h ~ ~-,Q
20 - ~ _(__
~~ ~ -No. Date
20
No. _ Date
20
No. _ ®ate
- 20
No. _ _ ®ate
_
20
~° i~~
CFO
subscribe and sworn to before me this
day of
~' ~ LAURA ANN EMMONS
'~
Notary Public, State of Texas
'ffor ~t*~
_MY Commission Expires 09-O9a~
ra Ann Emmons, Publisher
Notary Public, State of Texas
~~e c~,e~ ~P ~ ac~o~- ~l z
Published December 31,
2008 and January 7, 2009
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COMMIS-
SION OF THE CITY OF
PEARLAND,TEXAS
ZONE CHANGE N0.
2008.012
Notice is hereby given
that on January 19, 2009,
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 Community
Center of City Hall, locat-
ed at 3523 Liberty Drive,
Pearland, Texas, on the
request of Stephen
Engbrock, applicant for
Third Coast Packaging ,
owner, for approval of a
change in zoning district
from classification Light
Industrial (M-1) to
Planned Development
(PD), on the following
described property, to wit:
6.5953 acres located in
the H.T & B.R.R. Co.
Survey., Abstract 232, in
the city of Pearland,
Brazoria County, Texas as
shown on the Amending
Plat of Mykawa
Investments Clerk's File
No. 97-016096 B.C.C.O;
remainder of a 12.00
acres Thlyd Coast
Packaging Inc. Clerk's
File No, 97-016096
B.C.C.O.; and 2.9125
acres Third Coast
Packaging, Inc. Clerk's
File No. 00 022591
B.C.C.O. (Generally
located at 1871 Mykawa
Road).
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Late Krishnarao
Planning Director
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000M-60
Planning & Zoning Commission
Recommendation Letter
January 20, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommandation on Zone Change 2009-01Z
Honorable Mayor and City Council Members:
At their meeting of January 19, 2009, the Planning and Zoning Commission considered
the following:
Request of Stephen Engbrock, applicant for Third Coast Packaging, owner, for
approval of a change in zoning district from classification Heavy Industrial (M-2) to
Planned Development (PD), on the following described property:
LEGAL DESCRIPTION: 6.5953 acres located in the H.T & B.R.R. Co. Survey.,
Abstract 232, in the city of Pearland, Brazoria County, Texas as shown on the
Amending Plat of Mykawa Investments Clerk's File No. 97-016096 B.C.C.O;
remainder of a 12.00 acres Third Coast Packaging Inc. Clerk's File No. 97-016096
B.C.C.O.; and 2.9125 acres Third Coast Packaging, Inc. Clerk's File No. 00
022591 B.C.C.O.
GENERAL LOCATION: Located on 1871 Mykawa Road
Commission Member Ron Capeheart made a motion to approve the zone change
to a PD with the following conditions:
1. Reciprocal agreement between parcels A and B regarding landscaping and
parking to be approved by city's legal department and recorded.
2. Remove note regarding the number of parking spaces on page 4 of the PD
document and add a note that parking spaces would be provided as per the
requirements of the Unified Development Code (UDC).
The motion was seconded by Commission Member Jerry Koza and passed by a
vote of 6-0.
Sincerely,
Lata Krishnarao, AICP, Planning Director
On behalf of the Planning and Zoning Commission
Page 1