R2004-073 05-10-04 RESOLUTION NO. R2004-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS,AUTHORIZING A TEMPORARY PERMIT,IN ACCORDANCE WITH
TABLE III OF THE CITY'S LAND USE AND URBAN DEVELOPMENT
ORDINANCE, FOR THE OPERATION OF A CONCRETE BATCH PLANT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the Shadow Creek Ranch development, due to its large size and
rapid rate of development, generates a high volume of concrete truck traffic thus exposing
the roadways to excessive wear and tear, and creating congested roadways.
Section 2. That Shadow Creek Ranch has submitted a formal request to locate a
temporary concrete batch plant on North Reflection Bay, east of the City's Far Northwest
Waste Water Treatment Plant to limit the amount of concrete truck traffic in the City.
Section 3. That Table III, Industrial and Related Uses, of the City Land Use and
Urban Development Ordinance authorizes the City Council to issue a temporary permit for
certain industrial uses, including a temporary concrete batch plant.
Section 4. That the City Council hereby authorizes issuance of a permit for
operation of a temporary concrete batch plant, on the property described in Exhibit "A"
attached hereto ("Property") pursuant to the following conditions:
a) The temporary permit shall commence immediately and upon passage
of this resolution and shall terminate after the expiration of one(1)year.
b) The City shall have the option to extend the temporary permit for two
(2) additional one (1) year periods.
c) The City Council retains the right to revoke the temporary permit at any
time it reasonably determines, in good faith, that continued operation of
the concrete batch plant is not in the best interest of health, safety and
welfare of the citizenry.
RESOLUTION NO. R2004-73
d) Shadow Creek Ranch shall provide an irrigated landscape buffer,
containing trees and shrubs, along the east, west and south sides of
the Property to ensure that the concrete batch plant is adequately
screened off from adjacent properties.
PASSED,APPROVED and ADOPTED this the 10th day of May ,
A.D., 2004. ,
___4______,%;,,,,j (a
TOM REID
MAYOR
ATTEST:
_1l': . /�i_itp
iUNG 1- ,t , T- °iC
Y S Viv-ETARY
APPROVED AS TO FORM:
6.2,a..,:__ tt, Curk-
DARRIN M. COKER
CITY ATTORNEY
2
EXHIBIT
a
a
(�a�o 73 February 26,2004
Job No. 1545-0000-101
DESCRIPTION OF
3.000 ACRES
CONCRETE PLANT SITE
SHADOW CREEK RANCH
Being 3.000 acres of land Iocated in the T.C.R.R. Co. Survey, Section 3,Abstract 678, Brazoria County,
Texas, more particularly being a portion of that certain 13.2581 acre tract (described as Tract 1) conveyed to
Pearland Investments Limited Partnership by instrument of record under File No. 98-044598, Official Records of
Brazoria County, Texas (B.C.O.R.) and a portion of that certain called 21.3288 acre tract (described as Tract 1)
conveyed to Pearland Investment Limited Partnership by instruments of record under File Nos. 98-040711 and 98-
040712 of said B.C.O.R., said 3.000 acres being more particularly described by metes and bounds as follows (all
bearings referenced to the Texas State Plane Coordinate System,South Central Zone,NAD27);
COMMENCING for reference at a 5/8-inch iron rod with plastic cap marked"LJA ENG"previously set at
the southwest corner of that certain called 5.549 acre tract conveyed to the City of Pearland,Texas by instrument of
record under File No. 02-058303 of said B.C.O.R., same being the most southerly southeast corner of
aforementioned 21.3288 acres and on the northerly right-of-way line of F.M. 2234 (160 feet wide), from which a
found 1/2-inch iron rod bears South 03°15'50"East,1.42 feet;
- Thence,with the common line of said 5.549 acres and said 21.3288 acres,North 03° 15' 50"West,300.00
feet to a point, same being the most southerly southeast corner of a 27.388 acre tract (described as Tract "B")
conveyed to Board of Regents of the University of Texas System by instrument of record under File No.02-066758,
B.C.O.R.;
Thence,leaving said common line, along the south line of said 27.388 acre tract, South 86°51' 15"West,
866.44 feet to the POINT OF BEGINNING;
Thence,leaving said south line,South 03°08'45"East,36150 feet to a point for corner;
Thence,South 86°51' 15"West,361.50 feet to a point for corner;
Thence, North 03° 08' 45" West, 361.50 feet to a point for corner marking the most southerly southwest
corner of aforementioned 27.388 acre tract;
Thence,along the south line of said 27.388 acre tract,North 86°51' 15"East,361.50 feet to the POINT OF
BEGINNING and containing 3.000 acres of land.
LTA Engineering&Surveying,Inc.
Page 1 of 1
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PEARLAND INVESTMENTS
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REMAINDER OF
CALLED 13. 25r8NE�ACRES o /�
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6 F . N. 98-044598
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w/cap marked
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from Ewhich Fnd.%2"
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F.M.2234 (160/WIDE) 1.42'.
SHADOW CREEK PARKWAY
______
___
___ \—/ EXHIBIT OF
3. 000 ACRES
CONCRETE PLANT SITE
SHADOW CREEK RANCH
A : LAm psCAPe Biugesa. LOCATED I N
T. C. R. R. CO. SURVEY, SEC. 3, A-678
T o/J ��E BRAZOR I A COUNTY, TEXAS
S� p WAX. may/AWED per. /yam � Lin- FEBRUARY 2004 JOB NO. 1545-0000-101
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NOTE: r--NN ��.��y O �/�/� LJA Engineering & Surveying, Inc. `�,�
`7 �� �-sf/�is ��iG �� ?tame 2929 Briarpark Drive Phone 713.953.5200
L All bearings referenced to the Texas State Plane ��w Suite 600 Fax 713.953.5026
Coordinate System,South Central Zone.(NAD27) • Houston,Texas 77042-3703
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ZONING SYMBOLS I
SCHEDULE SD R-1 R-2 R-3 R-4 MF MH OP NS GB C M-1 M-2 1
OF USES R-E _
Pipe Storage No No No No No No No No No No S Yes Yes
Yard
Pipe Processing No No No No No No No No No No S S Yes '
Bulk Storage of No No No No No No No No No No S S S
Petroleum Prod-
ucts (Wholesale) _
Chemical No No No No No No No No No No No S S
Packing and/or I
Blending
Warehouse and No No No No No No No No No No S Yes Yes
Distribution
Facilities
Unscheduled and No No No No No No No No No No S S S
New Commercial
Uses
INDUSTRIAL AND RELATED USES
Light Manu- No No No No No No No No No No No Yes Yes
facturing Process
FOLLOWING,USES
(TEMPORARY PLANTS PERMITTED:BY RESOLUTION OF CITY COUNCIL)
Airport, Heli- S No No No No No No S S S S S S
port or Landing
Field
Asphalt • No No No No No No No No No No No No No
Batching Plants
Minor Concrete
Batching
Operations &
Storage of Associated No No No No No No No No No No S S Yes
Processing
Material
(Restricted to 1.5
Yards or less per -
batch)
Concrete No No No No No No No No No No No No Yes
•
Batching Plants
Storage of Shell No No No No No No No No No No No No Yes
Spoil, Sand and
Gravel
Commercial Ex- No No No No No No No No No No No No Yes
traction of Soil,
Sand and Gravel
Storage of Pro- No No No No No No No No No No No No Yes
cessing or Sulfur,
Cement or
Similar Material
138
SHADOW
CREEK
RANCH
May 3, 2004
Tobin Maples,Executive Director of Community Services
City of Pearland
3519 Liberty
Pearland, Texas 77581
Re: Temporary Batch Plant
Dear Tobin,
Per our conversation,please accept this letter as a formal request to locate a TXI
temporary batch plant on Shadow Creek Ranch. The term will not exceed 3 years and
Shadow Creek Ranch reserves the right to have it removed with a 30 day written notice.
The plant will be located on North Reflection Bay across the street(East) from the sewer
treatment plant (please see legal exhibit enclosed). The land is currently zoned General
Commercial.
Shadow Creek Ranch will have the batch plant screened off with trees and shrubs, which
will be fully irrigated, similar to our trailers located on North Kingsley.
If you have any additional questions,please do not hesitate to call.
Thank you for you assistance in this matter.
Sincerely,
2947 E.BROADWAY
SUITE 300 Drew C. Pelter
PEARLAND,TEXAS
77581
281 412 3733
FAX 281 412 9098