Ord. 509-706 04-26-04ORDINANCE NO. 509-706
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 5.2 ACRES OF LAND, MORE OR LESS,
BEING OUT OF LOT 173 OF SAID W. ZYCHLINSKI'S SUBDIVISION, G. C.
SMITH SURVEY SECTION 28, ABSTRACT — 1758, PAGE 28 BRAZORIA
COUNTY DEED RECORDS AND IN OFFICIAL RECORDS OF REAL
PROPERTY OF BRAZORIA COUNTY AT CLERKS FILE NUMBER 96-001936
(GENERALLY LOCATED ON THE WEST SIDE OF STATE HIGHWAY 35 (MAIN
STREET), AND SOUTH OF INDUSTRIAL DRIVE) (APPLICATION NO. 1157)
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. 509-706
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:
5.2 acres of land, more or less, being out of Lot 173 of said W. Zychlinski's
Subdivision, G. C. Smith Survey Section 28, Abstract — 551 and being out of that
tract as described in a deed filed in Volume 1758, Page 28 Brazoria County
2
ORDINANCE NO. 509-706
Deed Records and in Official Records of Real Property of Brazoria County at
Clerk's File Number 96-001936 (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.
3
ORDINANCE NO. 509-706
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.
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
Apri 1 , 2004.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-706
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
26th day of April , 2004.
ATTEST:
.APPROVED AS TO FORM:
."(
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
5
APPLICATION FOR
A CHANGE IN 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
Please check one:
/� Change in Zoning Classification from: MF to: fez. '��' �►.,1,°;�'
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
(list proposed use)
Property Information: 3 I-1 35(3mill ! 'hrae)
Address: See 4.7c/eJ,.7erve oi- "leAs efrki
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):
Future/proposed use of property and reason for zone change:
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME NAME City- D. ' /gig/an I
ADDRESS ADDRESS3S-/9 LL —'7 AO/ -
CITY STATE ZIP CITY P ,/4- STATE ZIP 77s-if
PHONE( ) PHONE( 7-1el ) 6..3'Z WOO
FAX( )
FAX( I'/) car ?- - /2(2_5-
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:
Date: `
Agent's Signature:
OFFICE USE ONLY: FEES PAID: iv1 �] DATE PAID:
RECEIVED BY: r"1 APPLICATION NO._
LOCATION MAP
Zone Change Application No. 1157
Owner: Alexander Family L.P., Robert L. Alexander
Applicant: City of Pearland
West Side of SH 35, and South of Industial Drive
(MF - M2)
W+E
0 200 400 Feet
Dill 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 02.45" 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
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.1157
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:
5.2 acres, more or less,
being generally located in
the G. C. Smith Survey
Section 28, Abstract-551;
the easterly line being the
westerly right-of-way line of
State Highway Number 35
(South Main Street); the
south line being the com-
mon south line of Lot 173
and north line of Lot 179 of
W. Zychlinski's Subdivision
filed in Volume 29, Page 9
Brazoria County Deed
Records; west line being the
common east line of Lot 172
and east dine of; Lot 173 of
said W. Zychlinski's
Subdivision and the north
line being located approxi-
mately 2,200' southeast of
Industrial Road;
All that certain 5.2 acres of
land, more or less, being out
of Lot 173 of said W.
Zychlinski's Subdivision, G.
C. Smith Survey Section 28,
Abstract — 551 and being
out 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, as
filed in Volume 1758, Page
28 Brazona County Deed
Records and out of that cer-
tain tract as *described in a
deed dated• 01.13-1996
from Patricia Alexander
Wood, et con to John
Alexander Family Limited
Partnership as filed in
Official Records of Real
Property of Brazoria County
at Clerk's File Number 96-
001936 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 on the common
north line of Lot 179 and the
south line of Lot 173 of said
W. Zychlinski's Subdivision;
Thence Westerly- 747.3',`
more or less,; with the com-
mon north line of said Lot
179 and south fine: of said
lot 173 to a point for corner
marking the common corner
for Lots 172, 173, 179 and
180 of said W. Zychlinski's
Subdivision;
Thence Northerly- 344.1',
more or less, with the com-
mon east line of said Lot
172 and west line of said
Lot 173 to a point for corner;
Thence Easterly — 558.7',
more or less, to a point for
corner and said corner
being located on the wester-
ly right-of-way line of State
Highway Number 35 (South
Main Street);
Thence Southeasterly-
392.6', more or less, with
. the westerly right-of-way
line of State Highway
Number 35 (South Main
Street) to the POINT OF
BEGINNING and containing
5.2 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.
/s/ 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 3-2 20 044
No Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
200
r. �, Y •
•
• • • �� . •
• a •
•
•••••••••••••••••a••••••••••••••
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.1157
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 o
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:
5.2 acres, more or less,
being generally located in
the G. C. Smith Survey
Section 28, Abstract-551;
the easterly line being the
westerly right-of-way line of
State Highway Number 35
(South Main Street); the
south .line being the com-
mon south line of Lot 173
and north line of Lot 179 of
W. Zychlinski's Subdivision
filed in Volume 29, Page 9
Brazoria County Deed
Records; west line being the
common east line of Lot 172
and east line of Lot 173 of
said W. Zychlinski's
Subdivisionand the north
line being located approxi-
mately 2,200' southeast of
Industrial Road;
All that certain 5.2 acres of
land, more or less, being out
of Lot 173 of said W.
Zychlinski's Subdivision, G.
C. Smith Survey Section 28,
Abstract 551 and being
out 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, as
filed in Volume 1758, Page
28 Brazoria County Deed
Records and out of that cer-
tain tract as described in a
deed dated 01.13.1996
from Patricia Alexander
Wood, et con to John
Alexander Family Limited
Partnership .as filed in
Official Records of Real
Property of Brazoria County
at Clerk's File Number 96-
001936 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 on the commor
north line of Lot 179 and the
south line of Lot 173 of salt
W. Zychlinski's Subdivision
Thence Westerly- 747.3',
moreor less, with the com-
mon north line of said Lot
179 and south line of said
lot 173 to a point for comer
marking the common corner
for Lots 172, 173, 179 and
180 of said W. Zychlinski's
Subdivision;
Thence Northerly- 344.1',
more or less, with the com•
mon east line of said Lot
172 apd west line of said
Lot 17$ to a point for corner;
Thence Easterly-558.7',.
more or less, to a point for
corner and said corner
tieing located on thevster•
ly'right-of-way Gne otate
Highway Number 15 (South
Main Street);.
Thence Southeasterly-
392.6', more or less, with
the westerly right-of-way
line of State Highway
Number 35 (South Main
Street) to the POINT OF
BEGINNING and containing
5,2 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 light
and opportunity to appear
and be heard on the sub-
ject.
/s/ Theresa Grahmann
Planner I.
March 17, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1157
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:
5.2 acres of land, more or less, being out of Lot 173 of said W. Zychlinski's
Subdivision, G. C. Smith Survey Section 28, Abstract — 551 and being out of that
tract as described in a deed filed in Volume 1758, Page 28 Brazoria County Deed
Records and in Official Records of Real Property of Brazoria County at Clerk's
File Number 96-001936 (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. 1157 to City
Council for approval with a second made by Commissioner Neil West.
Motion to approve passed 5-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
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