Ord. 509-697 03-22-04ORDINANCE NO. 509-697
AN ORDINANCE OF THE CITY COUNCIL 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 LOCATION BEING 3.00 ACRES BING PART OF LOT 178.
ZYCHLINSKI SUBDIVISION OF SECTION 28, H.T. & B.R.R. COMPANY
SURVEY, ABSTRACT 551, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE EAST SIDE OF DIXIE FARM ROAD, NORTH OF THE
INTERSECTION OF DIXIED FARM ROAD AND STATE HIGHWAY 35)
(APPLICATION NO. 1139) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT
THE REQUEST OF ENRIQUE GUZMAN, 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, Enrique Guzman, Owner, filed on November 11, 2003, 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
applications for amendment attached hereto and made a part hereof for all purposes as
Exhibit "A"; and
WHEREAS, on the 16th of February, 2004, 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 February, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
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ORDINANCE NO. 509-697
regarding the proposed amendment application by Enrique Guzman, Owner, whereby
the Commission's recommendation to approve for a change of classification for the
property described in Exhibit "A" from its existing classification of Suburban
Development District (SD) to Light Industrial District (M-1); 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
March 8, 2004; 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 Enrique Guzman, 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:
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 Light Industrial District (M-
1), such property being more particularly described as:
3.00 acres being part of Lot 178, Zychlinski Subdivision of Section 28, H.T. &
B.R.R. Company Survey, Abstract 551, Brazoria County, Texas (Generally
located on the East Side of Dixie Farm Road, north of the intersection of Dixie
Farm Road and State Highway 35).
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ORDINANCE NO. 509-697
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.
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.
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ORDINANCE NO. 509-697
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
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 8th day of
March , 2004.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-697
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
22nd day of March , 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
,(51))
Change in Zoning Classification from:_iuhurbo.ul lOpmennici.t
(list current zoning)
❑ Specific Use Permit Request for :
Property Information:
Address:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx. us
M-t
(list proposed zoning)
(list proposed use)
Cha.410 N —I
Subdivision:..ZyCh/1►-.5ki Subdivision
Tax I.D. Number
Lot: 171' Block:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): w land. ti 31111 nip sIi uc,7%Jres an 101-Opet ;/
Proposed use of property: u1I cy. rec./TA-n hail
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME En r! t le.. �U2m)f7 NAME
ADDRESS q�Lit I4vs ADDRESS
CITY /4006 t"Ot7 STATE T ZIP 97/,/ CITY STATE ZIP
PHONE( '713 ) 9y4 -8'7/9 PHONE( )
FAX( 713 ) 91/y 05/ FAX _
E-MAIL ADDRESS 69g3 a 5k.f T/. URG E-MAIL ADDRESS
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which 1 have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature: ../re24-,. Date: //- //- O
Agent's Signature: Date:
OFFICE USE ONLY:
FEES PAID: tP a1S DATE PAID: / / 1 i 03
RECEIVED BY:;5 APPLICATION NO. I I q
LOCATION MAP
Zone Change Application No. 1139
Owner: Enrique Guzman
East Side of Dixie Farm Road
(SD - M1)
0 200 400 Feet
11 I 1 1 I
AFFIDAVIT OF PUBLICATION
The Friendswood Reporter News
P.O.,Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for / issues, as follows:
No.
Date %2: 3l 20 03
No. Date 20
No Date 20
No. Date 20
No. Date 20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Subscribe and sworn to before me this
2003
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:
LAURA ANN EMMONS
Notary Public, State of Texas
Commission, Expires 09-09-2006
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President
day of A-6-
Laura Ann Emmons,Publisher
Notary Public, State of Texas
ublished Dec. 31, 2003 &
Jan. 7, 2004
NOTIC*OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
APPLICATION NO.1139
Notice is hereby given that I
on January 19, 2004, at
6:30 p.m., the City Council
and Planning and Zoning
Commission of the City of
Pearland, in Brazora, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Enrique Guzman, owner, fo
an amendment to the Land
Use and Urban
Development Ordinance of
said City from classification
Suburban Development
District (SD) to Commercial
District`(C), on the following
described property, to wit:
3.00 acres, being a part of
Lot 178, Zychlinski
Subdivision of Section 28,
H.T. & B.R.R. Company
Survey, Abstract 551,'
Brazoria'County, Texas
(East Side of Dixie. Farm
Road)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
jest.
Is/ Theresa Grahinann
Planner
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy
Emmons, hereby certify that the notice hereby appended was published
in Braz
oria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for folio
issues, as
No.
Date J#0
No. Date
No. Date
No. Date
No. Date
Subscribe and sworn to before me this
20
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LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
20
20
20
20
20
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 28 & Feb. 4,
2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
APPLICATION NO.1139
Notice is hereby given that on
February 16, 2004, 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 Council
Chambers of City Hall, 351.9
Liberty Drive, Pearland,
Texas, on the request of
Enrique Guzman, owner, for
an amendment to the Land
Use and Urban Development
Ordinance of said City from
classification Suburban
Development District (SD) to
Light Industrial District (M-1),
on the following described
property, to wit:
Being 3.00 acres (130,680
square feet) of land out of that
certain tract of land as
described in deed dated April
1, 1954 from Cecil Brown, et
al to Dale Brown and wife, as
recorded in Volume 593,
Page 407, .Deed Records,
Brazoria County, Texas, and
being part of Lot 178,
Zychlinski Subdivision of
Section 28, H.T. & B.R.R.
Company Survey, Abstract
551, Brazoria County, Texas,
according to the Plat as
recorded in Volume 29, Page
9, Brazoria County, Texas,
and being more particularly
described by metes and
bounds as follows:
Commencing at an iron rod
marking the intersection of
the northeasterly right-of-way
line of State Highway No. 35
with the southeasterly right-
of-way line of County Road
Na. 126 (aka Dixie Farm
Road), Thence North 44
degrees 10 minutes 00 sec-
onds East a distance of
1,022.51 feet to the Point of
Beginning of the herein
described tract;
Thence, North 44 degrees 10
minutes 00 seconds East
continuing along the south-
easterly line of said County
9oad.a26Aa,._distance of
235.54 feet to a set 5/8 inch
Iron rod with cap for corner at
he intersection of •the said
;outheasterly line of County
load 126 with the North line
g Lot 178;
Thence, South 89 degrees 48
minutes 32 seconds East
along the north line of said
Lot 178 and also along the
south line of a platted road-
way of said Zychlinski
Subdivision -a distance of
520.71 feet to a set 5/8 inch
iron rod with cap for the com-
mon corner of Lots 175, 176,
177, and 178 and also being
the northeast corner of the
herein described tract;
Thence, South 00 degrees 10
minutes 04 seconds West
along and with the east line of
Lot 178 and the west line of
Lot 177 a distance of 281.54
feet to a set 5/8 inch iron rod
with cap for comer and being
the'southeast corner of the
herein described tract;
Thence, North 89 degrees 48
minutes 32 seconds West a
distance of 255.16 feet to a
set 5/8 inch iron rod with cap
for comer on the east line of a
40 foot roadway and utility
easement as recorded in
Volume 1459, Pages 685 and
688 Brazoria County Deed
Records;
Thence, North 00 degrees, 10
minutes 04 seconds East
along the east line of said 40
foot roadway and utility ease-
ment a distance of 112.22
feet to .uet 5/8 inch iron rod
with cap marking an ijitt.
corner of the herein described
tract;
Thence, North 89 degrees 4£
minutes 56 seconds West
along the north line of said 40
foot roadway and utility ease-
ment a distance of 429.17
feet to the Point of Beginning
and containing 3.000 acres
(130,680 square feet) of land
more or less.
(Generally located on the
East Side of DixieFarm
Road, north of the intersec-
tion of Dixie Farm Road and
State Highway 35)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
/s/ Theresa Grahmann
Planner I
February 23, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1139
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Suburban Development District (SD) to Light Industrial District (M-1) on the following
described property, to wit:
Legal Description: 3.00 acres being part of Lot 178, Zychlinski Subdivision of Section 28, H.T.
& B.R.R. Company Survey, Abstract 551, Brazoria County, Texas (Generally located on the East
Side of Dixie Farm Road, north of the intersection of Dixie Farm Road and State Highway 35)
At a regular meeting held on February 16, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Ruby Sandars made a motion to forward Zone Change Application No. 1139 to City
Council for approval with a second made by Commissioner David Ransom.
Motion to approve passed 6-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Owner: Enrique Guzman
9946 Aves
Houston, Texas 77034
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