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Ord. 2000M-0091 2012-11-26ORDINANCE NO. 2000M-91 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, LOCATION BEING 2.9125 ACRES OF LAND OUT OF AND PART OF LOT FORTY (40), OF THE W. ZYCHLINSKI SUBDIVISION, SECTION NO. THREE (3), IN THE H. T. & B. R. R. CO. SURVEY, A-232, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 29, PAGE 43 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND; A 13.611 ACRE TRACT IN THE H. T. & B. R.R. CO. SURVEY, SECTION 3, ABSTRACT NO. 232 IN BRAZORIA COUNTY, TEXAS. SAID 13.611ACRE TRACT IS PART OF LOT 40 OF THE W. ZYCHLINSKI SUBDIVISION AS RECORDED IN VOLUME 29, PAGE 43 OF THE BRAZORIA COUNTY DEED RECORDS. SAID 13.611 ACRE TRACT IS FURTHER DESCRIBED AS BEING THAT SAME TRACT DESCRIBED IN A DEED TO NGUYEN ENTERPRISE, LLC AS RECORDED IN CLERK'S FILE NO. 03-059143 IN THE BRAZORIA COUNTY CLERK'S OFFICE, AND; A 25.081 ACRE TRACT IN THE H.T. & B. R. R. CO. SURVEY, ABSTRACT NO. 232, BRAZORIA COUNTY, TEXAS. SAID 25.081 ACRE TRACT IS PART OF LOTS 46 AND 50, OF THE ZYCHLINSKI SUBDIVISION AS RECORDED IN VOLUME 29, PAGE 43 IN THE BRAZORIA COUNTY DEEDS RECORDS AND IS FURTHER DESCRIBED AS BEING PART OF TRACT 5 AND A PART OF TRACT 6 DESCRIBED IN A DEED TO FEF FAMILY LIMITED PARTNERSHIP AS RECORDED IN CLERK'S FILE NO. 96-046033 IN THE BRAZORIA COUNTY CLERK'S OFFICE, AND IS ALL OF A 4.64 ACRE TRACT DESCRIBED IN A DEED TO FEF FAMILY LIMITED PARTNERSHIP AS RECORDED IN CLERK'S FILE NO. 96-046031 IN THE BRAZORIA COUNTY CLERK'S OFFICE. (LOCATED AT 1871 MYKAWA RD, PEARLAND, TEXAS), ZONE CHANGE 2012-10Z, A REQUEST OF JACK MCGUFF, JR, APPLICANT, ON BEHALF OF THIRD COAST TERMINALS, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE LIGHT INDUSTRIAL (M-1) ZONE AND HEAVY INDUSTRIAL (M-2) ZONE, TO PLANNED DEVELOPMENT (PD) ZONE, 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, Jack McGuff, Jr, applicant, on behalf of Third Coast Terminals, 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 from the Light Industrial (M-1) zone and Heavy Industrial (M-2) zone, to Planned Development (PD) zone; said property being legally described in the original applications for amendment attached ORDINANCE NO. 2000M-91 hereto and made a part hereof for all purposes as Exhibit "A", and more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 15th day of October, 2012, 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 15th day of October, 2012, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed zone change application of Jack McGuff, Jr, applicant, on behalf of Third Coast Terminals, owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Light Industrial (M-1) zone and Heavy Industrial (M-2) zone, to Planned Development (PD) zone, 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, City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meeting(s) on the 12th day of November, 2012 and; 26th day of November 2012; 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 Page 2 of 5 Ord No 2000M-91 ORDINANCE NO. 2000M-91 of the application of Jack McGuff, Jr, applicant, on behalf of Third Coast Terminals, 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 Light Industrial (M-1) zone and Heavy Industrial (M-2) zone, to Planned Development (PD) zone, in accordance with all conditions and requirements of the current Unified Development Code and incorporated for all purposes, such property being more particularly described as: Being 2.9125 acres of land out of and part of Lot Forty (40), of the W. Zychlinski Subdivision, Section No. Three (3), in the H. T. & B. R. R. Co. Survey, A-232, Brazoria County, Texas, according to the plat recorded in Volume 29, Page 43 of the Deed Records of Brazoria County, Texas, and; A 13.611 acre tract in the H. T. & B. R.R. CO. Survey, Section 3, Abstract No. 232 in Brazoria County, Texas. Said 13.611 acre tract is part of Lot 40 of the W. Zychlinski subdivision as recorded in Volume 29, Page 43 of the Brazoria County Deed Records. Said 13.611 acre tract is further described as being that same tract described in a deed to Nguyen Enterprise, LLC as recorded in Clerk's File No. 03-059143 in the Brazoria County Clerk's Office, and; A 25.081 Acre tract in the H.T. & B. R. R. Co. Survey, Abstract No. 232, Brazoria County, Texas. Said 25.081 acre tract is part of Lots 46 and 50, of the Zychlinski Subdivision as recorded in Volume 29, Page 43 in the Brazoria County Deeds Records and is further described as being part of Tract 5 and a part of Tract 6 described in a deed to FEF Family Limited Partnership as recorded in Clerk's File No. 96-046033 in the Brazoria County Clerk's Office, and is all of a 4.64 acre tract described in a deed to FEF Family Limited Partnership as recorded in Clerk's File No. 96-046031 in the Brazoria County Clerk's Office. General Location: 1871 Mykawa Road Pearland, TX Page 3 of 5 Ord No 2000M-91 ORDINANCE NO. 2000M-91 Section 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. 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. Page 4 of 5 Ord No 2000M-91 ORDINANCE NO. 2000M-91 Section VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 12th day of November, 2012. •Qe/n1S2Lt:€1 TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of November, 2012. APPROVED AS TO FORM: • DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Page 5 of 5 Ord No 2000M-91 Exhibit "A" Ord. No. 2000M-91 ZONE CHANGE APAciCATIC 0) City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearfand.com APPLICATION FOR A CHANGE IN ZONING Current Zoning District: M 1 1a0U 3710 AL Proposed Zoning District: PP 0.4,4)0 •O -opi t 3-r Property Information: Address or General Location of Property: i'87! MYxarv4 g5.40 Tax Account No. R.- i 024 07 Z.0 Subdivision: Lot: — Block: " A complete application must °> include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME l •)PO (Ain— r'm1,iiA4j ADDRESS !'$7I /1' MwA fetAD CITY riZAA1ND STATIr) ZIP ?IT a 1 PHONE(1. ! )1141. (9275 FAX( ) E-MAIL ADDRESS APPLICANT/AGENT INFORMATION: NAME J441 c( ! J&,. ADDRESS S .DS $ Aw*" r * Q„p'j- CITY hiciAAPID STATEN( ZIP ,' '8 f PHONaSI )4186'6-2-6© FAX(I( . )6.b E-MAIL ADDRESS J01C P1 tJ Q 44 (c 10441. het '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 Development Codof the City of Pearland. Owner's Signature: Agent's/Applicant's Signature: OFFICE USE ONLY: FEES PAID: DATE PAID: RECEIVED BY; Date: 7 /.1. or �. Date: 0 Vo 7�Z RECEIPT NUMBER: q5. Po? —jo September 4, 2012 City Of Pearland 3519 Liberty Drive Pearland, Texas 77581 IRD AST RMWALLi To whom it may concern This letter is to authorize McGuff Architects and Mr. Jack McGuff Jr. to represent Third Coast Terminals with our expansion of our current Planned Development (PD) for the. site. We have purchased the property tattle north of the plant and would like to have this included all as one. Sincerely Grif Carnes Grif Cames Vice President General Manager Third Coast Terminals 1871 Mykawa Road, Pearland, TX 77581 Phone: 281 / 412-0275 MCGUFFARCHITECTS 5208 Broadway #204 Pearland, Texas 77581 September 07, 2012 City of Pearland Planning Department Liberty Drive Pearland, Texas RE: Planned Development (PD) Third coast terminals 1871 Mykawa Road Pearland, Texas_ In conformance with the City of Pearland Zoning Change requirements, a 24" x 36" professionally made sign will be placed on the above referenced property ten (10) days prior to the scheduled public hearing . Submitted by: Jack McGuff, McGuff Arch 713 824 4036 ell) MCGUFFARCHITECTS 5208 Broadway #204 Pearland, Texas 77581 THIRD COAST TERMINALS PLANNED DEVELOPMENT (PD) FORMAT 11/19/08 Revised 01/27/09 Revised 09/28/12 1. Introduction A. Description of Subject Property: The -subject -property consists-offive-(S)-parcels, "AyStir,_"-C"-. "D"—and-"E". Parcel "A" Is developed with warehouses and tank farms, including Main Warehouse No. 1 (49,468 sq.ft.), Waregouse No. 1 Office (1,468 sq.ft.; Warehouse No.2 (4,544 sq.ft); Warehouse No.3 (14,925 sq.ft.); Warehouse No.4 under construction (51,600 sq.ft.), with a two (2) story 6,000 sq.ft. Office faculty on the Southwest comer, Two (2) existing tank farm areas (81 tanks); tank farrn (+ - 90 tanks) in existing detention area. Parcel "B" is developed with two (2.) office Buildings and parking, including Office Building No.1 (4,760 sq.ft.) Office Building No.2 (2,460 sq.ft.); office parking area (39 spaces) and North parking area for warehouses located in Parcel "A" (80 spaces). Parcel "C" is undeveloped. Parcel "D" ( 13,5 axres)wlll be developed with new access roads, approximately 2,656 lin. ft. og rail spur tracks. Two (2) additional tank farms (24 tanks) and (35 tanks). Parcel "6" (25 acres) will be ceveloped with rail spurs, Warehouse No. 5 (+ -132,000 sq.ft.), Warehouse No. 6 (+ -100,000 sq.ft.), warehouse parking areas, detention area on North end of property and additional access road.. 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. This development will be the expansion of the current industrial complex, consisting of new access roads, rail spurs, two (2) additional tank farms, two (2) additional warehouses, warehouse parking and detention area, as shown on the Design Plan. Third Coast Terminals is a provider of bulk liquid handling solutions to the Petrochemical, Fine Chemical, Food and Pharmaceutical industries. THIRD COAST TERMINALS PD FORMAT 11/19/08. REVISED 12/07/09. REVISED 09/28/12 c. Describe the area of land in acreage: The total industrial complex consists of + - 59.5 acres. Parcel "A" -15 acres (Third Coast Packaging) Inc.) Parcel "B" - 3 acres (Mykawa investments) Parcel "C -- 3 acres (Mykawa Investments) Parcel "D" --13.5 acres (Third Coast Packaging, Inc.) Parcel "E" — 25 acres (Third Coast Packaging, inc.) D. A statement as to the purpose and intent of the PD district established herein: The purpose and intent of the PD district is to provide continuing industrial services induding contract manufacturing, toll processing, bulk product atoTage, railroad transpbTtetlMilogistics, warehousingand distribution Industrial packaging, FDA and kosher packaging, laboratory services and blending. ii Zoning and Land Use A. Describe the existing zoning districts and the boundries 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 East, West and South Is zoned Light Industrial (M1) B. Describe the base zoning district(s) and describe the areas in acreage of each different district: The base zoning district to be overlaid is M2. The property consists of 38.5 acres. Property to the South M1 with the boundary from the South property line of Third Coast Terminals to Orange Street; Property to the Ease is zoned M1 with the 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 , induding but not limited to, density, lot area, lot width, lot depth, yard depths and widths, building heights, 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 01/27/09; REVISED 09/28/12 C. (continued) Property Area —total complex 59.5 acres (2,591,820 sq.ft.) Property Width — 2,160 ft. on Mykawa Road, Property Depth — average 1,200 ft. Warehouse Building Height — 22 ft. eave height ; 28 ft. overall Parking Areas— private access roads on North and South and Center. Sign — existing sign at Mykawa Road on South access road to remain. D. Provide a table outlining the percent of use in each zoning classification . Include detention and major thoroughfares as specific items. Discuss possible variations from percentages in table and amount of variance requesting, if any: _..Land-Use-Sur/unary:— ...... _.... _ - .. _- Use — industrial complex Acreage — 59.5 acres total complex. Zoning district — Heavy industrial (M2) Detention Area No. 1 — 2.9125 acres Detention Area No. 2 — 4.45 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 the base district or phases of the development in conformance with the approved design plan: No accessory uses required No residential densities$ 111 Design standards applicable to the development: A. Sigbage, 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 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 and will remain in place. LANDSCAPING — all landscaping required is shown on Parcel "B" of original PD, dated 01/27/09. Parcel "I? and HE" will meet all landscaping requirements when developed. THIED COAST TERMINALS PD FORMAT 11/19/08; revised 01/27/09; revised 09/28/12 111 A. (continued) PARKING - Ail parking for Parcel "A" and "B" is located on Parcel "8". All parking for Parcel "0" and "E", when developed, will meet all on-site parking requirements of the Unified Development code. PLATTING — Parcel "A", "B"" and "C" have been platted as shown in the original PD, dated 01/27/09. Parcel "0" and "E" have not been platted to date, B. Refer to design plan and describe which aspects of plan are precise and which are general: Warehouse No. 1, No.2, No.3 , Warehouse No.4 (under construction), Warehouse Office, Front Offices, Parking, Fire Lanes and Landscaping are - specific. All-rernainingltems shown orrthe Mastersite-Development Plan-- ..._ .. _ (Design Plan) are general. C. A specific list of deviations from standards in the base zoning district(s) together with any standards in the ordinace which are to be varied for development within the PD District: Deviations for parking and landscaping in Parcel "6", as described in original PD document dated 01/27/09. D. Add a note that all requirements of the UDC will be met, unless specifically mentioned In the planned development. All requirements of the UDC will be met, except as per ill C above. 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 , whereappropriate, setting forth the dates for submittal of site development plans and timing of performance by the developer for dedications for land or public Improvements and satisfaction of any conditions in relation to the phasing of development, where applicable: Phasing Schedule: New rail switches to begin February 2013. Rall Spurs (phase one) to begin December 2013. Rail Spurs (phase two) to begin September 2013. Warehouse No. 5 to begin first quarter of 2014, Access road and parking to begin first quarter 2014 Warehouse No. 6 to begin in 2015. THIRD COAST TERMINALS PD FORMAT 11/19/08; REVISED 01/27/09; REVISED 09/28/12 VI Exhibits: A. Design pian (Master site development Pian) — Exhibit "A" B. Master Site Landscaping Plan — Exhibit "B" C. Enlarged Landscape Wan — Exhibit "C" D. Redprocal Agreement for Perking— Exhibit "0" E. Redprocal Agreement for Landscaping— Exhibit "E" F. Survey of Parcel "D" (13.5 acres) — Exhibit "F" G. Survey of Parcel "E" (25 acres) — Exhibit "G" X Exhibit "B" Ord. No. 2000M-91 D CITY LIMUlm an IT I' 1I11 stunt rear lt Nom ,.n.� Vicinity Map - Pearland, TX This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. it does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. a i j Al 1. s;, ;iiS i 1 7= '1J ji 1 p lin P if fhif�';5ci i 31 J €b ° � 7 7 � i ii�B i° it if Ili, 41 2J : ;1/ i3: i. 11 j; 11 i jE� .g� i!i1 j i1 1.1i� 11 9 ; 11,1 stip i !!� j! d3 '! sp�7 j1'„ i# lS Jill �! 1� ij lit 1j iJ/ 1'ilj i!€ dIi! 7 ;1ij1 J! daOaJ!gitill "` !i/VIOL i1 11111 1 i. 1t1' 1' 1!!7J'dJ 11111i1- a�€ �; �tL Ji #X111l;i {i c gc g c4 xaar: Sb 1! yi 141 E g. rito 01fig i - • - • - - - ...---; • • •‘-• t -r..14 -7; 7 ,-,..........,:.,..................1.1.-.1.1::...... -V7,:•!:,'" • - .:.t ! . i • t ,....t • "w. t -... - .•. • -..i......,1••••,,v a ii......us.v....4 . 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'''''''-'---> i 1 4.1.1.1.'.'."--'. /I? r( g8 te 1 ' ' 1 . 11 3 MASTER SITE LANDSCAPE PLAN WO, 13 FILL 44.4ui^to.0.0..406v.6,0* 0 0 "..tamplifotosioiadoap.'14.1winve...4i. rI4 wt, ttriutrof WC. t 00 spa, r.,Atni MAP.* ! 13 ti EXISTING PAITISMS ' r a 1.3 i a : Eg g (-7.) 0 I 11 notej55.4..ocpe.rdeCo-oeyeevA.mt0".",-r.oe.,....yov......,61 r.htt APG1;.i) ILSIOSCAPF IA AN trtaf • t.{0/ V• NO • 8.10. taNACM, trumv g ke ragbag of kat sem,<; behalf Of Third COW Terminals, owner, tor approval of a zone change from the Light Industrial (M-1) zone and Heavy Industrial (M- 2) , zone, to Planned Development (PD) zone for approximately 41.61 acres, more specifically described as: Elaine 2.0125 acres of land out of and pert of Lot Foal (40),ofthe W. Zychlinski Subdivision, Section No. Three (3), in the H. T & B. ti, R. Co. Survey, A-232, Brazoria County, Texas, accord- ing to the plat recorded in Volume 29, Page 43 d the Deed Record. d Bretons County, Teras, and; A 13.611 acre tract in the H. T.& B. R.R. CO. Sur- veySection 3, Abstract No. 232 in Brazoria County, Texas. Said 13.611 acre tract is part of Lot 40 of the W. Zychlinski subdivision as recorded in Volume 29, Page 43 of the Brazoria County Deed Records. Said 13.611 acre tract is further described as being that same tract described in a deed to Nguyen Enterprise, LLC as moorbd in perks lib No. 034160443 in the Btuerfa CPI* c*ks O6ke, and; A 25.0111 Aon tact: in the H.T. & B. R. R. Co. Survey, AbNbact trao 232, Brazoria County, Texas. Said 25.081 acre tract is part; of Lots 46 and 50, of the Zychlinski Subdivision as recorded in Volume 29, Page 43 in the Brawls County Deeds Records and is furrier described as being pert of Tract 5 and a pert of Tract 6 dbscrlbed in a,deed to FEF Family limited Partnership as recorded. in Clerk's File No. 96- ' 046033 in the Brazoria County Clerk's Office, and ballot a 4:64 acre *Id described in a deed to FEF Family Limited Partnership as recorded in Clerk's Fie No. 96- 046031 In the Brazeria County Clerk's Office. General Location: 1871 Mykawa Road Pearland, TX At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. Fp/addi- tional oraddstional intonnetkin, please cortact the Plan nirg Deportment at 261-462-1116. HMOM El is c Plenner Exhibit "C" Ord. No. 2000M-91 Published Sept. 26, 2012 NOT OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PUNNING AND ZONING COM - MINION OP THE env OF PEARLAND, TEXAS ZONE CHANGE APPLI- CATION NO. 2012-10Z Notice is hereby given that on October 15, 2012, at 6:30 p.m., the City Council and Men - nig and Zoning Congoloionof.,Ns CiSy Reeldan4 in 8n#mie, �' and Fart Bend Counties, Texas, will iuct a joint pubic hearing in the Courr& Chambers of CIr Hal, I located * 361f1Liberty e, rsMIMd, 1ielle, Planning & Zoning Commission Exhibit "D" Ord. No. 2000M-91 Recommendation Letter October 17, 2012 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change 2012-10Z Honorable Mayor and City Council Members: At their meeting on October 15, 2012, the Planning and Zoning Commission considered the following: A request of Jack McGuff, Jr, applicant, on behalf of Third Coast Terminals, owner, for approval of a zone change from the Light Industrial (M-1) zone and Heavy Industrial (M-2) zone, to Planned Development (PD) zone for approximately 41.61 acres on the following described property: LEGAL DESCRIPTION: A 13.611 acre tract in the H. T. & B. R.R. CO. Survey, Section 3, Abstract No. 232 in Brazoria County, Texas. Said 13.611 acre tract is part of Lot 40 of the W. Zychlinski subdivision as recorded in Volume 29, Page 43 of the Brazoria County Deed Records. Said 13.611 acre tract is further described as being that same tract described in a deed to Nguyen Enterprise, LLC as recorded in Clerk's File No. 03-059143 in the Brazoria County Clerk's Office, and; A 25.081 Acre tract in the H.T. & B. R. R. Co. Survey, Abstract No. 232, Brazoria County, Texas. Said 25.081 acre tract is part of Lots 46 and 50, of the Zychlinski Subdivision as recorded in Volume 29, Page 43 in the Brazoria County Deeds Records and is further described as being part of Tract 5 and a part of Tract 6 described in a deed to FEF Family Limited Partnership as recorded in Clerk's File No. 96-046033 in the Brazoria County Clerk's Office, and is all of a 4.64 acre tract described in a deed to FEF Family Limited Partnership as recorded in Clerk's File No. 96-046031 in the Brazoria County Clerk's Office. GENERAL LOCATION: 1871 Mykawa Road, Pearland, TX Following staff presentation, Commissioner Daniel Tunstall inquired about fire protection for the site. Staff informed him that the Fire Marshall has been consulted. Following this discussion, Commissioner Matthew Hanks made the motion to approve the zone change. The motion was seconded by Commissioner Ginger McFadden. The vote was 6-0 and the motion passed. Sincerely, Harold Ellis, City Planner On behalf of the Planning and Zoning Commission JOINT PUBLIC HEARING AGENDA ITEM MEETING OF OCTOBER 15, 2012 Zone Change No. 2012-10Z A request of Jack McGuff, Jr, applicant, on behalf of Third Coast Terminals, owner, for approval of a zone change from the Light Industrial (M-1) zone and Heavy Industrial (M-2) zone, to Planned Development (PD) zone for approximately 41.61 acres on the following described property, to wit: Legal Description: Being 2.9125 acres of land out of and part of Lot Forty (40), of the W. Zychlinski Subdivision, Section No. Three (3), in the H. T. & B. R. R. Co. Survey, A-232, Brazoria County, Texas, according to the plat recorded in Volume 29, Page 43 of the Deed Records of Brazoria County, Texas, and; A 13.611 acre tract in the H. T. & B. R.R. CO. Survey, Section 3, Abstract No. 232 in Brazoria County, Texas. Said 13.611 acre tract is part of Lot 40 of the W. Zychlinski subdivision as recorded in Volume 29, Page 43 of the Brazoria County Deed Records. Said 13.611 acre tract is further described as being that same tract described in a deed to Nguyen Enterprise, LLC as recorded in Clerk's File No. 03- 059143 in the Brazoria County Clerk's Office, and; A 25.081 Acre tract in the H.T. & B. R. R. Co. Survey, Abstract No. 232, Brazoria County, Texas. Said 25.081 acre tract is part of Lots 46 and 50, of the Zychlinski Subdivision as recorded in Volume 29, Page 43 in the Brazoria County Deeds Records and is further described as being part of Tract 5 and a part of Tract 6 described in a deed to FEF Family Limited Partnership as recorded in Clerk's File No. 96-046033 in the Brazoria County Clerk's Office, and is all of a 4.64 acre tract described in a deed to FEF Family Limited Partnership as recorded in Clerk's File No. 96-046031 in the Brazoria County Clerk's Office. General Location: 1871 Mykawa Road Pearland, TX APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: JPH 10-15-12 Zone Change 2012-10Z Page 1 Planning and Zoning Commission: October 15, 2012* City Council for First Reading: November 12, 2012* City Council for Second Reading: November 26, 2012* (*dates subject to change) SUMMARY: Jack McGuff, Jr, applicant, at the request of Third Coast Terminals, owner, has requested a Planned Development (PD) expansion of a previously approved PD known as Third Coast Terminals, approved by City Council in February 2009. The property contains approximately 18 acres, and the proposed expansion consists of approximately 41 acres. The sole allowed use in the Planned Development is Chemical Packaging and Blending. This use is currently allowed with the approval of a Conditional Use Permit (CUP) in the M-1, Light Industrial and M-2, Heavy Industrial zoning districts. Third Coast is currently in operation on site. There are no proposed changes to the content of the Planned Development district. The only proposed change is to expand the acreage, into Phase Two, as illustrated on the attached phasing plan. SURROUNDING ZONING AND LAND USES: Zoning Land Use North Light Industrial (M-1) Vacant South Light Industrial (M-1) Industrial East Light Industrial (M-1) Industrial West Light Industrial (M-1) Industrial CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC): The subject property is currently zoned Planned Development (PD), with a base zoning district of Heavy Industrial (M-2). The minimum lot sizes requirements for the base district as well as the total site are as follows: Lot Area: Lot Depth: Lot Width: M-2 Property in Question (total site) 40,000 sq. ft. -1,785,960 sq. ft. 150' -1,035' (at mid point) 150' -2,000' (at front setback) As indicated above, the property meets the development regulations of the Planned Development. PLATTING STATUS: The portion of the property currently being used by Third Coast for their operations has been platted. The area of expansion has not been platted. A subdivision plat will be required at the time of development of phase two. JPH 10-15-12 Zone Change 2012-10Z Page 2 CONFORMANCE WITH THE COMPREHENSIVE PLAN: The current adopted Comprehensive Plan's Future Land Use Map indicates this area should be Industrial. Corresponding zoning designations for the Industrial classification are M-1 and M-2, Light and Heavy Industrial. The land use designation proposed in the Planned Development is Chemical Packaging and Blending. This use is currently allowed with the approval of a Conditional Use Permit (CUP) in the M-1 and M-2 zoning districts. Therefore, if approved, the Planned Development requested would be consistent with the Comprehensive Plan. CONFORMANCE WITH THE THOROUGHFARE PLAN: The subject property has frontage on Mykawa, a secondary thoroughfare with a 100' minimum right-of-way requirement. AVAILABILITY OF UTILITIES: The subject parcel is served by public water and sewer. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: As this development already exists with no known negative impacts, the proposed amendment (PD expansion) is not anticipated to have any negative impacts on existing surrounding or future developments which are not able to be mitigated. A Traffic Impact Analysis (TIA) may be required at the time of site plan review by the City's Engineering department to determine if there are any potentially negative traffic impacts anticipated as a result of the proposed development at the time. Mitigation measures that are deemed necessary as a result would be responsibility of the applicant to implement. ADDITONAL COMMENTS: This request has been reviewed by the City's Development Review Committee and there are no additional comments. SITE PLAN CONSIDERATIONS: A site plan is not required for a zone change. A phasing plan has been provided indicating the existing operations and area of proposed expansion. PUBLIC NOTIFICATION: 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 notification sign was placed on the subject property. OPPOSITION TO OR SUPPORT OF PROPOSED REQUEST: Staff has not received any comments either in opposition to or in support of the proposed zone change request. STAFF RECOMMENDATION: Staff recommends approval of the Zone Change 2012-10Z as proposed by the applicant for the following reasons: 1. Approval of the zone change will result in conformance with the surrounding zoning as well as current and future land uses. JPH 10-15-12 Zone Change 2012-10Z Page 3 2. The proposed zone change should not have any significant negative impact on the surrounding properties and developments. 3. The proposed zone change will bring the property into compliance with the approved Future Land Use Plan. 4. The proposed zone change will result in the expansion of an existing business in Pearland. SUPPORTING DOCUMENTS: • Phasing Plan • Vicinity and Zoning Map • Property Ownership Map • Property Owner Notification List • Future Land Use Plan • Aerial Photograph • Zone Change Application and Applicant Documents • Proposed PD Document JPH 10-15-12 Zone Change 2012-10Z Page 4 Phasing Plan: JPH 10-15-12 Zone Change 2012-10Z Page 5 M-1 SHANK RD Proposed Phase Two A HALIK RICE DRYER RD Existing PD -GB ALICE z GC z cn R-3 N $ �OT-MU Zoning & Vicinity Map Zone Change 2012-10Z 1871 Mykawa This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. N 0 220 440 880 Feet 1 1 1 1 1 1 1 1 1 Abutter Map Zone Change 2012-10Z 1871 Mykawa This product is for information purposes and may not have been prepared for or be suitabl: for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. N 0 155 310 620 Feet Medium Density Residential SCOTT --RD — — — 3 Industrial SHANK RD D 73 v Low Density Residential ALICE ///1, Proposed Phase Two HALIK Public / Semi -Public Existing PD Retail, Offices and Services W QRANGE\ Business Commercial Parks Village District FLUP Map Zone Change 2012-10Z 1871 Mykawa This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. N 0 215 430 860 Feet 1 1 1 1 1 1 1 1 A Aerial Map Zone Change 2012-10Z 1871 Mykawa This product is for information purposes and may not have been prepared for or be suitabl for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. N 0 220 440 880 Feet