Ord. 509-705 04-12-04ORDINANCE NO. 509-705
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 29.4 ACRES OF LAND, MORE OR LESS,
BEING OUT OF LOTS 172 AND 173 OF SAID W. ZYCHLINSKI'S
SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY, SECTION 27, ABSTRACT —
308 AND G. C. SMITH SURVEY, SECTION 27, ABSTRACT — 551 AND OUT OF
THAT TRACT AS DESCRIBED IN A DEED FILED IN THE OFFICIAL RECORDS
OF BRAZORIA COUNTY AT VOLUME (90) 799, PAGE 40 AND 98-035795
(GENERALLY LOCATED ON THE WEST SIDE OF STATE HIGHWAY 35 (MAIN
STREET), AND SOUTH OF INDUSTRIAL DRIVE) (APPLICATION NO. 1158)
FROM CLASSIFICATION MULTI -FAMILY DISTRICT (MF) TO HEAVY
INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF THE CITY OF
PEARLAND, 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, the City of Pearland, filed on February, 23, 2004, 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 15th of March, 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
1
ORDINANCE NO. 509-705
WHEREAS, on the 17th day of March, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by the City of Pearland, whereby the
Commission's recommendation to approve for a change of classification for the property
described in Exhibit "A" from its existing classification of Multi -Family District (MF) to
Heavy Industrial District (M-2); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and recommendation of the
Planning and Zoning Commission at a regular meeting on April 12, 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 The City of Pearland, 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:
I .
The following described property located within the corporate City limits of the
City of Pearland, Texas, and presently classified as Multi -Family District (MF) is hereby
for all purposes changed and reclassified as Heavy Industrial District (M-2), such
property being more particularly described as:
29.4 acres of land, more or Tess, being out of Lots 172 and 173 of said W.
Zychlinski's Subdivision, H.T & B.R.R. Company Survey, Section 27, Abstract —
308 and G. C. Smith Survey, Section 27, Abstract — 551 and out of that tract as
described in a deed filed in the Official Records of Brazoria County at Volume
2
ORDINANCE NO. 509-705
(90) 799, Page 40 and 98-035795 (Generally Located on the West Side of State
Highway 35 (Main Street), and South of Industrial Drive).
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.
3
ORDINANCE NO. 509-705
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 12th day of
April , 2004.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-705
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
26th day of Apri 1 , 2004.
ATTEST:
UNG
TY S RETARY
APPROVED AS TO FORM:
RRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
Change in Zoning Classification from:
f
(list current zoning)
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
to: /11 2. -/leaky . e/Uu4-, k./
(list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information: , j 3 3 5 (f d ypjei 1" O4 )
Address: /el A, M€hs
Subdivision: Lot: Block:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): Vtt'..,-1
Future/proposed use of property and reason for zone change:
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME NAME chit o, ' /'e',..4-,1
ADDRESS ADDRESS3S/ f /,Ge- j D
CITY STATE ZIP CITY/ed�/r- i STATE < ZIP 77S9/
PHONE( ) PHONE('2.,iP/ ) $Z- / e O
FAX( ) FAX( 7-b'1 ) 6.5 2-' /70S-
E-MAIL ADDRESS E-MAIL ADDRESS
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature: Date:
Agent's Signature:
Date: 2 ` 2 3-D
OFFICE USE ONLY: FEES PAID: DATE PAID:
RECEIVED BY: I V In APPLICATION NO. /
LOCATION MAP
Zone Change Application No. 1158
Owner: BMS, Inc.
Applicant: City of Pearland
West Side of SH 35, and South of Industial Drive
(MF - M2)
0 200 400 Feet
lull
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. / Date . - 45 20
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
ac
day of ��
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Feb. 25 & March
3,2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
APPLICATION NO. 1158
Notice is hereby given that
on March 15, 2004, at 6:30
p.m. the City Council and
Planning and Zoning
Commission of the City of
Pearland, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint'
public hearing in the Council
Chambers of City Hat, 3519
Liberty Drive, Pearland,
Texas, on the reque$( of the
City of Pearland, appiloant,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City from classification
Multi -Family District (MF) to
Heavy Industrial District (M-
2), on the following
described property, to wit:
29.4 acres, more or less,
being generally located in
the H. T. & B. R. R.
Company, Survey, Section
27, Abstract- 308 and the G,
C. Smith Survey, Section
28, Abstract-551; the north
Tine being located approxi-
mately 1,370' southeast of
Industrial Road; the easterly
line being the westerly right-
of-way line of State Highway
Number 35 (South Main
Street); the southerly
boundary line located north ;
of the south line of Lots 1721
and 173 of W. Zychlinski's
Subdivision filed in Volume
29, Page 9 Brazoria County i
Deed Records and west line
being the west line of said
Lot 17Z
Alt that certain 29.4 acres of
land, more or less, being out
of Lots 172 and 173 of said
W. Zychlinski's Subdivision,;
H. T. & B. R. R. Company
Survey, Section 27, 4bstract
•308 and G. C. Smith
Survey, Section 27, Abstract
-551 and out of that certain
tract,as described in a deed
dated 06-14-1990 from
Martha A. Crouch to B.M.S.,
Inc. filed in the Official
Records of Brazoria County
at Volume (90) 799, Page
' 40 and out of that certain
tract as described in a deed
daft 08-20-1998frgbi Stie
Alexander Morrison to
B.M.S., Inc. as filed in
13Tfic al"Rec`or'as of Real
Property of`$razoria County
at Clerk's File Number 98-
035795 and being more par-
ticularly described by metes
and bounds as follows;
Beginning at a point located
onthe westerly right-of-way
line of State' Highway
Number 35 (South Main
Street) and said point being
the northeast corner of said
B.M.S., Inc. tract filed in the
Official Records of Brazoria
County at Volume (90) 799,
Page 40; -
Thence Southeasterly-
613.0', more or less, with
the westerly right-of-way
line of State Highway
Number 35 (South Main.
Street) to a point for corner
marking the most east
southeast corner of said
B.M.S., Inc. tract as filed in
Official Records of Real
Property of Brazoria County
at Clerk's File Number 98
035795 and northerly corner
of that certain tract
described in a Final
Judgment dated 02-10-
1984, No. 79-G-0262 Sue
A. Morrison vs. John
Alexander, et al and No. 79-
G-0262-1 Hastings Oil
Company vs. John
Alexander, et al filed in
Official Records Brazoria
County at Volume (84) 38,
Page 959;
Thence Southwesterly-
418.9', more or less, with
the common southerly line
of said B.M.S, Inc. tract as
filed in Official Records of
Real Property of Brazoria
County at Clerk's File
Number 98-035795 tract
and the northerly line of said
Final Judgment tract to a
point for corner marking the
westerly corner of said Final
Judgment tract;
Thence the following three
(3) courses with the
southerly boundary of said
B.M.S, Inc. tract as filed in
Official Records of Real
Property of Brazoria County
at Clerk's File Number 98-
035795 and northerly
boundary of that certain
tract as described in a deed
dated 11-14-1983 from John
Alexander, Independent
Executor and Trustee, et al
to Robert L. Alexander filed
in V:,lume 1758, Page 28
Brazoria County Deed
Records;
Thence Westerly-139.3',
more or less, to a point for
corner;
Tece Southerly-332.5',
more or less, to a point for
corner;
Thence Westerly — 955.3',
more or less, to a point for
corner marking the south-
west corner of said B.M.S,
Inc. tract as filed in Official
Recoils of Real Property of
Brazoria County at Clerk's
File Number 98-035795 and
northwest corner of said
Robert L. Alexander tract
and said point being located
on the common east line of
Lot 171and west line of lots
172 of said W. Zychlinski's
Subdivision;
�nence Northerly-1,071.5',
more or less, with the east
line of said Lot 171 and
west line of said Lot 172
and west line of that certain
tract as described in a deed
dated 03-29.2001 from
Stanley McDeed Clark to
Palms Properties, LLC as
filed in Official Records of
Real Property of Brazoria
County at Clerk's File
Number 01-015479 and the
east line of said B.M.S., Inc..
tract as filed in Official
Records of Real Property of
Brazoria County at Clerk's
File Number 98.035795 and
the east lineof said B.M.S.,
Inc. tract filed in Volume
(90) 799, Page 40 Official
Records of Brazoria County
to a point for corner marking
the common corner of Lots
165, 166, 171 and 172 of
said W. Zychlinski's
Subdivision;
Thence Easterly-1,186,3',
more or less, with the com-
mon north line of said Lot
172 and south line of said
Lots 165 and 164 and north
line of said B.M.S., Inc. tract
filed in Volume (90) 799,
Page 40 Official Records
Brazoria County and south
line of that certain tract as
described in a deed dated
effective 07-01-1990 from
George Alexander, et ux to
Jud's Food Stores, Inc. as
filed in Official Records of
Real Property of BrazorifT
Co[tnty at Clerk's File
Number 94-004500 to the
POINT OF BEGINNING and
containing 29.4 acres of
land more or less.
(Generally Located on the
West Side of State Highway
35 (Main Street),. and South
of Industrial Drive)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
ject.
Is/ Theresa Grahmann
Planner I
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 Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. / Date 8 3 20 D�
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
200 C/
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
=
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Feb. . 25 & March
3, 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.1158
Notice is hereby given that
on March 15, 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, 3519
Liberty Drive, Pearland,
Texas, on the request of the
City of Pearland, applicant,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City from classification
Multi -Family District (MF) to
Heavy Industrial District (M-
2), on the following
described property, to wit:
29.4 acres, more or less,
being generally located in
the H. T. & B. R, R.
Company Survey, Section
27, Abstract- 308 and the G.
C. Smith Survey, Section
28, Abstract-551; the north
line being located approxi-
mately 1,370' southeast of
Industrial Road; the easterly
line being the westerly right-
of-way line of State Highway
Number 35 (South Main
Street); the southerly
boundary line located north
of the south line of Lots 172
and 173 of W. Zychlinski's
Subdivision filed in Volume
29, Page 9 Brazoria County
Deed Records and west line
being the west line of said
Lot172;
Ali: that certain 29.4 acres of
land, more or less, being out
of Lots 172 and 173 of said
W. Zychlinski's Subdivision,
H. T. & B. R. R. Company
Survey, Section 27, Abstract
-308 and G. C. Smith.
Survey, Section 27, Abstract
-551 and out of that certain
tract as described in a deed
dated 06-14.1990 from
Martha A. Crouch to B.M.S.,
Inc. filed in the Official
Records of Brazoria County
of Volume (90) 799, Page
40 and out of that certain
tract as described in a deed
dated 08.20-1998 from Sue
Alexander Morrison to
B,M.S., Inc. as filed in
Official Records of Real
Property of Brazoria County
at Clerk's File Number 98-
035795 and being more par-
ticularly described by metes
and bounds as follows;
Beginning at a point located
on the westerly right-of-way
line of State Highway
Number 35 (South Main
Street) and said point being
the northeast corner of said
B.M.S., Inc. tract filed in the
Official. Records of Brazoria
County at Volume (90) 799,
Page 40;
Thence Southeasterly-
613.0', more or less, with
the westerly right-of-way
line of State Highway
Number 35 (South Main
Street) to a point for corner
marking the most east
southeast corner of said
B.M.S., Inc. tract as filed in
Official Records of Real
Property of Brazoria County
at Clerk's File Number 98-
035795 and northerly comer
of that certain - tract
described in a Final
Judgment dated 02-10-
1984, No. 79-G-0262 Sue
A. Morrison. vs. John
Alexander, et al and No. 79-
G-0262-1 Hastings Oil
Company vs. John
det6 at al .44 in .
O ff rah Records Brazoria
County at Volume (84) 38,
Page 959;
Thence Southwesterly-
418.9', more or less, with
the common southerly line
of said B.M.S, Inc. tract as
filed in Official Records of
Real Property of Brazoria
County at Clerk's File
Number 98-035795 tract
and the northerly line of said
Final Judgment tract to a
point for corner marking the
westerly corner of said Final
Judgment tract;
Thence the following three
(3) courses with the
southerly boundary of said
B.M.S, Inc. tract as filed in
Official Records of Real
Property of Brazoria County
at Clerk's File Number 98-
035795 and northerly
boundary of that certain
tract as described in a deed
dated 11-14-1983 from John
Alexander, Independent
Executor and Trustee; et al
to Robert L. Alexander filed
in Volume 1758, Page 28
Brazoria County. Deed
Records;
Thence Westerly-139.3',
more or less, to a point for
corner;
Thence Southerly-332.5',
more or less, to a point for
corner;
Thence Westerly-955.3',
more or less, to a point for
corner marking the south-
west corner of said B.M.S,
Inc. tract as filed in Official
Records of Real Property of
Brazoria County at Clerk's
File Number 98.035795 and
northwest corner of said
Robert L. Alexander tract
and said point being located
on the common east line of
Lot 171 and west line of lots
172 of said W. Zychlinski's
Subdivision;
Thence Northerly-1,071.5',
more or less, with the east
line of said Lot 171 and
west line of said Lot 172
and west line of that certain
tract as described in a deed
dated 03-29-2001 from
Stanley McDeed Clark to
Palms Properties, LLC as
filed in Official Records of
Real Property of Brazoria
County at Clerk's File
Number 01-015479 and the
east line of said B.M.S., Inc.
tract as filed in Official
Records of Real Property of
Brazoria County at Clerk's
File Number 98-035795 and
the east line of said B.M.S.,
Inc. tract filed in Volume
(90) 799, Page 40 Official
Records of Brazoria County.
to a point for corner marking
the common corner of Lots
165, 166, 171 and 172 of
said W. Zychlinski's
Subdivision;
Thence Easterly-1,166.3',
More or less, with the com-
mon north line of said Lot
172 •and south line of said
Lots 165 and 164 and north
line of said B.M.S., Inc. tract
filed in Volume (90) 799,
Page 40 Official flecords,
Brazoria County and south
line of that certain tract as
described in a deed dated
effective 07-01-1990 from
George Alexander, et ux to
Jud's Food Storrs, Inc. as
filed in Official Records of
Real Property of Brazoria
County at Clerk's File
Number 94-004500 to the
POINT OF BEGINNING and
containing 29.4 acres of
land more or less.
(Generally Located on the
West Side of State Highway
35 (Main Street), and South
of Industrial Drive)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the sub-
ject.
is/Theresa Grahmann
Planner
•
March 17, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1158
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Multi -Family District (MF) to Heavy Industrial District (M-2) on the following described
property, to wit:
Legal Description: 29.4 acres of land, more or less, being out of Lots 172 and 173 of said W.
Zychlinski's Subdivision, H. T. & B. R. R. Company Survey, Section 27, Abstract — 308 and G. C. Smith
Survey, Section 27, Abstract — 551 and out of that tract as described in a deed filed in the Official Records
of Brazoria County at Volume (90) 799, Page 40 and 98-035795 (Generally Located on the West Side of
State Highway 35 (Main Street), and South of Industrial Drive)
At a regular meeting held on March 15, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Vice Chairperson Sheryl Greiner made a motion to forward Zone Change Application No. 1158 to City
Council for approval with a second made by Commissioner Ruby Sandars.
Motion to approve passed 5-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
Page 1 of 1