Ord. 509-549 11-12-01 ORDINANCE NO. 509-549
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 DESIGNATING THE CLASSIFICATION OF CERTAIN
REAL PROPERTY LOCATION BEING 168 ACRES, MORE OR LESS,
BEING GENERALLY LOCATED IN THE A. B. LANGERMAN SURVEY, A-
555 AND THE H. T. & B. R. R. COMPANY SURVEY, A-538, FORT BEND
COUNTY, TEXAS (APPLICATION NO. 1002) (TRACT 2A - BROADWAY
STREET @ FM 521) AS CLASSIFICATION LIGHT INDUSTRIAL DISTRICT
(M-l), 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, on November 12, 2001, THE City Council of the City of Pearland, by
Ordinance No. 1034, annexed into the City the territory described in Exhibit "A" attached
hereto; and
WHEREAS, on the 22® of October, 2001, 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
rd
WHEREAS, on the 23 day of October, 2001, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed zoning classification for the property described in Exhibit "A", whereby the
Commission recommended and approved the classification of the property described in
Exhibit "A" as Light Industrial District (M-l) and
ORDINANCE NO. 509-549
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this proposed zoning application, and concurred with the
recommendation of the Planning and Zoning Commission, at a regular meeting on
November 12, 2001, 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 the property
described in Exhibit "A" in the judgment of the City Council, should be assigned the zoning
classification herein proposed, now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAN D, TEXAS:
The following described property located within the corporate City limits of the City
of Pearland, Texas, is hereby for all purposes classified as Light Industrial District (M-l),
such property being more particularly described as:
168 acres, more or less, being generally located in the A. B. Langerman Survey, A-
555 and the H. T. & B. R. R. Company Survey, A-538, Fort Bend County, Texas
(Tract 2A - Broadway Street @ FM 521)
I1.
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 zoning classification has been
made. The City
2
ORDINANCE NO. 509-549
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 zoning
classification 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.
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
3
ORDINANCE NO. 509-549
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 12 day of
November ,2001. /,~
TOM REID
MAYOR
ATTEST:
4
ORDINANCE NO. 509-549
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26 day
of November ,2001. / /
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
5
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 5/9/00
x Change in Zoning Classification from: so to: ~4-1
__ Change in Regulations in Section #:
Specific Use for: *
Property address: (Tract 2~ - groadway Street @ FI/ 521)
Lot: Block: Subdivision:
Metes & Bounds Description: 168 acres, more or less, A. B. Langernmn Survey, A-555 & the
(unplatted property only; attach survey) It. T. & B. R.R. Co. survey, 3,-538, Fort Bend Co., TX
Tax I.D. number:
Current use of land:
Proposed use of land within requested designation: light industrial
~ecord OW/let's ~lme:
Owner's mailing address:
Owner's telephone number:
Agent's name: city of Pearlaud
Agent's mailing address: 3519 Liberty Drive, Pear!and, TX 77581
Agent's telephone vnmber: 281-652-1635
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use Permit
request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use may be
incompatible with current and future uses on properties in my vicinity.
Owner's signature: Agent's signature:
Fees paid: $ }~/c Date paid:
Received by: Application number:
EXHIBIT
METES AND BOUNDS DESCRIPTION
168 ACRES MORE OR LESS OUT OF
ABSTRACT NUMBER - 555 AND ABSTRACT NUMBER - 538
FORT BEND COUNTY, TEXAS
The herein describe~ 168 acres, more or less, being generally located in the A. B.
Langerman Survey, Abstract Number - 555 and the H. T. & B. R. R. Company Survey,
Abstract Number - 538; the north line being the common south line of City of Pearland
Ordinance Number 882 and the south line of the Franklin Hooper Survey, Abstract
Number - 198; the east line being the common west line of Brazoda County and the
east line of Fort Bend County; the south line being the south line of said Abstract
Number - 555; and the west line being the east right-of-way line of Farm Market Road
521 (Old Highway 288);
All that certain 168 acres of land, more or less, to be annexed into the City of Pearland,
and being out of the A. B. Langerman Survey, Abstract Number - 555 and the H. T. &
B. R. R. Company Survey, Abstract Number - 538, Fort Bend County, Texas and being
more particularly described by metes and bounds as follows;
Beginning at a point marking the intersection of the east right-of-way line of said Farm
Market Road 521 with the common south line of said City of Pearland Ordinance
Number 882, the south line of said Abstract Number - 198, and the north line of said
Abstract Number - 555;
1. Thence Easterly - 2,631' more or less (City of Pearland Ordinance Number 882 -
2,871.50') with the south line of said City of Pearland Ordinance Number 882 to
a point for corner on the common east line of said Abstract Number - 555 and
the west line of said Abstract Number - 538;
2. Thence Northerly - 137.72' more or less continuing with the south line of said
City oi~ Pearland Ordinance Number 882 to a point for corner on the common
north line of Said Abstract Number - 538 and the south line of the H. T. & B. R.
R. Company Survey, Abstract Number - 305;
3. Thence Easterly - 911.81' more or less continuing with the south line of said City
of Pearland Ordinance Number 882 to a point for corner on the common east
line of Fort Bend County and the west line of Brazofia County, said line also
being the west line of City of Pearland Ordinance Number 31;
4. Thence Southwesterly - 3,507' more or less with said common east line of Fort
Bend County and west line of Brazoria County to a point for corner on the
common west line of said Abstract Number - 538 and the east line of the M.
Escalera Survey, Abstract Number - 169;
5. Thence Northerly - 1,323' more or less with the common west line of said
Abstract Number - 538 and the east line of said Abstract Number - 169, said line
also being the west line of that certain tract described in a deed dated 11-01-
1998 from Harlow Royalties Texas, [nc. to Harlow Royalties, Ltd. as filed in
Official Records of Real Property of Brazoria County at Clerk's File Number 98-
050417 and the east line of Fresno Dome Addition according to plat thereof filed
in Volume 232, .Page 346 Fort Bend County Deed Records to a point for corner;
6. Thence Westerly - 3,359' more or less with the common south line of said
Abstract Number - 555 and the north line of said Abstract Number - 169, said
line also being the north line of said Fresno Dome Addition and the south tine of
that certain tract described in a deed dated 12-12-1973 from M. L. Powers to
Frank Fontana, Trustee as filed in Volume 608, Page 204 Fort Bend County Deed
Records to a point for corner on the east right-of-way line of said Farm tvlarket
Road 521;
7. Thence Northeasterly - 2,061' more or less with the east right-of-way line of said
Farm Market Road 521 to the POINT OF BEGINNING and containing 168 acres of
land, more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared."
This metes and bounds description is accompanied by a separate plat, drawing or
exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures
and Practices" Section 663.19(9).
Compiled by:
C.L. Davis & Company
]ob Number: 11-421-57-1
9/4/01 3:03 PM
~.1~t2!-57 ! H&b-!68 ac~e~ 2
AFFIDAVIT OF PUBLICATION
The Pearland Repo~e.r News
2404 South Park
Pearland, Texas 77581
;tate of Texas
Irazoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was~:putJlished
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of genera!
[rculation in Brazoria and Harris Counties, for / issues;-~as follows:.
No. 7' ' Date /(~-0~ '. 20 4¥
No. Date .20
No.- Date -20 . -
No. Date 20
No. Date 20
~President
Jbscribe and sworn to before me this,ZT/ day of ~¢'~-
Not~ Publ[~, S~g~as ~ ~'
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
[ate of Texas
razoria and Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was;;published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
rculation in Brazoria and Harris Counties, for / issues,Fas follows:.
No. 7' Date lO-lo 20 ~)J
No. Date 20.
No. -- Date -20 .-
No. Date 20 · ' · '
No. Date 20
bscribe and sworn to before me this // ' day of ~¢'?('-~:
Notary Pul~lic, S~i~'0'~e~as 0~,~' /
" /~X~~
the
fUmeSe and Urb~an~Oevelop.
~t or~r'an~Ua~d~
rom Classifi~eatio~$ubu-t.
banDevelopme~t
(SD):.to. ~ight~l~d~sWal
Di~tri~-(M-,l~fi~.ew~y
~.prope~, pe~
~ as foIIo~, tO WE:
168
being.gp~e~t~d In
~he~' ~ B:
October 23, 2001
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO TIlE CITY COUNCIL ON ZONING APPLICATION
NO. 1002
Request for an amendment to the Land Use and Urban Development Ordinance of said City
from Suburban Development District (SD) to Light Industrial District (M-l) on the following
described property, to wit:
168 acres, more or less, being generally located in the A. B. Langcrman Survey, A-555 and the H. T.
& B. R. R. Co. survey, A-538, Fort Bend Co., TX (Tract 2A - Broadway Street ~ FM 521)
Honorable Mayor and Council Members:
At a regular meeting held on October 22, 2001, after a Joint Public Hearing, thc Planning and
Zoning Commission considered the above-mentioned request.
A motion was made by Commissioner Don Sedcrdahl and seconded by Commissioner Russ
Selemon to forward Zoning Application No. 1002 to City Council for approval. The
Commission showed great concern about the need for a buffer between this application, which
requested Light Industrial, and Zoning Application No. 1001, which requested for Residential
(RE). Commissioner Selemon agreed with the concept for the need for a buffer, however, he
approved of the "Industrial" zoning.
Motion to approve passed 5 to 1.
Votin~ Record
Voting "Aye"- Chairman Viktorin, Commissioners Scherrer, Selemon, Scderdahl, and McDonald.
Voting "No" - Commissioner Iocco.
This is submitted for your consideration.
H. Charles Viktorin, Chairman
Planning & Zoning Commission