Ord. 2000M-0114 2014-06-23 Ordinance No. 2000M-114
An ordinance of the City Council of the City of Pearland, Texas, amending
Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the
purpose of changing the classification of certain real property, being 16.871
acres of land situated in the H.T. & B.R.R. Co. Survey, Abstract 542, and
identified as Lot 1, Block 1, Associated Industrial Park, Brazoria County, Texas,
located (East side of Main Street and south of Mchard Road; 1603 N. Main
Street, Pearland, Texas), Zone Change 2013-18Z, a request of Gerald Koza,
owner/applicant, for approval of a change in zoning from GC, General
Commercial to M-1, Light Industrial on approximately 16.871 acres of land,
providing for an amendment of the zoning district map; containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Gerald Koza, owner/applicant is seeking approval of a change in
zoning from GC to M-1 on approximately 16.871 acres; said property being legally
described in the legal description attached hereto and made a part hereof for all
purposes as Exhibit "A", and more graphically depicted in the vicinity and zoning map
attached hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 19th day of May, 2014, 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 hereto and made a part hereof for all
purposes as Exhibit "C", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 19th day of May, 2014, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed zone change application of Gerald Koza, owner/applicant, for approval of a
change in zoning from GC, General Commercial to M-1, Light Industrial on
approximately 16.871 acres of land, said recommendation attached hereto and made a
part hereof for all purposes as Exhibit "D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 9th day of June 2014 and
the 23rd day of June 2014; 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 Gerald Koza, owner/applicant, for approval of a change in zoning
from GC, General Commercial to M-1, Light Industrial on approximately 16.871 acres of
land, 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:
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently classified as General Commercial
(GC) to Light Industrial (M-1), in accordance with all conditions and requirements of the
current Unified Development Code and incorporated for all purposes, such property
being more particularly described as:
LEGAL DESCRIPTION: Lot 1, Block 1, Associated Industrial Park, located in the
H.T. & B.R.R. Co. Survey, Abstract 542, Brazoria County, Texas
GENERAL LOCATION: East side of Main Street and south of Mchard Road;
1603 N. Main Street, Pearland, Texas
Section 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
Page 2 of 8
Ord. No 2000M-114
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.
Section 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.
Section 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.
Section 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.
Section VI. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000-M and consistent with the approval herein
granted for the reclassification of the herein above described property.
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
Page 3 of 9
Ord. No 2000M-114
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of June,
2014.
�UyYt
TOM REID
MAYOR
ATTEST:
�• NG 'FIN / RM�, )� _
Y S'r' RETAR
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of June, 2014.
C>clikt e.,
TOM REID
MAYOR
ATTEST:
Y•J NG R ING ' R ) 1 ;~` �) • '
C " SE -ETARY '
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 9
Ord. No 2000M-114
Ord. No 2000M-114
Exhibit A
Legal Description
Lot 1, Block 1 , Associated Industrial Park, located in the H.T. & B.R.R. Co. Survey,
Abstract 542, Brazoria County, Pearland Texas.
Page 5 of 8
Ord. No 2000M-114
Ord. No 2000M-114
Exhibit B
Vicinity and Zoning Map
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rs product is for mforrnatce purposes an:
ay not have been prepared for or be suitat.le
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Page 6 of 8
Ord. No 2000M-114
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Ord. No 2000M-114
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NO. 2013-18Z
Notice is hereby given that on May 19, 2014 at 6:30 p.m., the City
Council and Planning and Zoning Commission of the City of Pear land,
in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint
public hearing in the Council Chambers of City Hall, located at 3519
Liberty Drive, Pear land, Texas, at the request of Gerald Koza, owner/
applicant, for approval of a change in zoning from GC, General
Commercial to M-1 , Light Industrial on approximately 16.871 acres of
land, more specifically described as:
Lot 1, Block 1 , Associated Industrial Park, located in the H.T. &
B.R.R. Co, Survey, Abstract 542, Brazoria County,Texas.
General Location: 1603 N. Main Street
Pear land, TX
At said hearing, all interested parties shall have the right and opportunity
to appear and be heard on the subject. For additional information,
please contact the Planning Department at 281 -652-1765.
Johnna Matthews
City Planner
Page 7 of 8
Ord. No 2000M-114
Ord. No 2000M-114
Exhibit D
Planning and Zoning Commission Recommendation Letter
,,
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Plannin g & Zoning
May 20, 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2013-18Z
Honorable Mayor and City Council Members:
At their meeting on May 19, 2014, the Planning and Zoning Commission considered the
following:
A request of Gerald Koza, owner/applicant, for approval of a change in zoning
from GC, General Commercial to M-1 , Light Industrial on approximately 16.871
acres of land, on the following described property, to wit:
Legal Description: Lot 1 , Block 1, Associated Industrial Park, located in the
H.T. & B.R.R. Co. Survey, Abstract 542, Brazoria County, Texas.
General Location: East side of Main Street and south of Mchard Road; 1603 N.
Main Street, Pearland, Texas
After staff presentation Commissioner Daniel Tunstall made a motion to approve the
change in zoning from GC to M-1 . The motion was seconded by Commissioner Derrick
Reed. The motion passed with a 6/0 vote.
Sincerely,
Johnna Matthews
City Planner On behalf of the Planning and Zoning Commission
Page 8 of 8
Ord. No 2000M-114
Ordinance No. 2000M-114
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria,State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed&was published in said newspapers in its issue(s) of May 1, 2014.
P blisher's Representative
Sworn to and subscribed before me this /�() day of JOYS , 2014.
r_zhi,cea/..(i‘a-c-AD
Notary Publi
expires • ' I ?�"° %_' SARAC MMI A FERGUSON
'� '`: �` MY COMMISSION EXPIRES
Mycommissionon / _ ....ors 'Jana 17,2016
•
Bay Area Citizen • Friendswood Journal • Pearland Journal
Y ,
I
Page 22A,Thursday, May 1, 2014 Z1
' I
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND -
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND,TEXAS
i: ZONE CHANGE APPLICATION NO.2013-18Z
Notice is hereby given that on May 19, 2014 at 6:30 m., I
Council.and Planning and Zoning Commission of the City of Pearland
in.Brazoria,'Harris/and Fort Bend Counties,Texas,.will conduct a joint
ti public hearing in the Council Chambers of City Hall, located at 3519
Liberty Drive, Pearland,Texas,at the request of Gerald Koza, owner/
applicant, for approval of a change in zoning from,GC, General
[ Commercial to M-1,Light Industrial on approximately 16.871 acres of
land,more specifically described as:
Lot 1, Block 1,Associated Industrial Park, located_in the H.T. &
B.R.R.Co.Survey,Abstract 542,Brazoria County,Texas.
General Location:1603 N.Main Street
r
Pearland,TX .
aAt said hearing;all interested parties shall have the right and opportunity
to,appear and be,heard on the subject. For additional information,
please contact the,Planning Department at 281-652-1765.
Johnna Matthews
City Planner
11`/"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of May 1, 2014.
P blisher's Representative
Sworn to and subscribed before me this 1 V day of (J()/e, , 2014.
eeb - e- e a a LI ViD
Notary Public L�
117 -1�
My commission expires on = a" : SARAHCGN
{ MY COMMISSIONREBECAFER EXPIRESUSO
„pF, '' January 17,2016
1 -Bay Area Citizen • Friendswood Journal • Pearland Journal
1
iI
1-mot:
Z1 'Thursday; May 1, 2014;Page 21AA`-'
G NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
f AND _
t- THE PLANNING AND ZONING COMMISSION
I
, ' OF THE CITY OF PEARLAND,TEXAS
;ZONE CHANGE APPLICATION NO.2013-18Z
j- ; ;Notice is hereby given that on May 19, 2014 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
i ;public hearing in the Council Chambers of City Hall, located at 3519 _
Liberty Drive,'Pearland,Texas,at the request of Gerald Koza, owner/
'applicant, for approval of a change in zoning from GC, General
::Commercial to°M-1,Light Industrial on approximately 16_871'acres of
4 ,.land,more specifically described as:
/ Lot 1, Block 1,Associated Industrial Park, located in the H.T. &
I B.R.R.Co.Survey,Abstract 542,Brazoria County,Texas.
i: ` General Location:1603 N.Main Street
t . Pearland,TX
At said hearing,all interested parties shall have the right and opportunity
1 ..i . to-appear and be heard on the subject. For additional information,
r ,
please contact the Planning Department at 281-652-176,5. .
k ," Johnna Matthews
/ ' _ City Planner ' I
1