Ord. 2000M-0133 2015-03-23Ordinance No. 2000M-133
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 a 4.020
acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 542 in
Brazoria County, Texas. Said 4.020 acre tract is part of Lot 52 of Zychlinsky
Subdivision according to the plat recorded in Volume 29, Page 43 of the
Deed Records of Brazoria County, Texas and is further described as being
all of a one (1) acre tract, a 2.179 acre tract and part of a 2.000 acre tract as
described in a deed to Associated Properties as recorded in Clerk's File No.
2011034738 in the Brazoria County Clerk's Office, (generally located at
3706-3902 Alice Street, Pearland, TX), Zone Change 2015-02Z, a request
of Gerald L. Koza Jr., applicant; on behalf of Associated Properties, owner;
for approval of a change in zoning from the General Commercial (GC)
zoning district to the Light Industrial (M-1) zoning district; on approximately
4.020 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 L. Koza Jr., applicant; on behalf of Associated Properties,
owner; is requesting approval of a change in zoning from the General Commercial (GC)
zoning district to the Light Industrial (M-1) zoning district; on approximately 4.020 acres
of land; 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 map attached hereto and made a part hereof for all purposes as Exhibit "B,"
and
WHEREAS, on the 16th day of February, 2015, 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 16th day of February, 2015, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed zone change application of Gerald L. Koza Jr., applicant; on behalf of
Associated Properties, owner; for approval of a change in zoning from the General
Commercial (GC) zoning district to the Light Industrial (M-1) zoning district; on
approximately 4.020 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 March 2015 and
the 23rd day of March 2015; 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 L. Koza Jr., applicant: on behalf of Associated Properties,
owner; for approval of a change in zoning from the General Commercial (GC) zoning
district to the Light Industrial (M-1) zoning district; on approximately 4.020 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), is hereby granted a change in zoning 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:
Page 2 of 10
Ord. No 2000M-133
LEGAL DESCRIPTION: Being a 4.020 acre tract in the H.T. & B.R.R. Company
Survey, Abstract No. 542 in Brazoria County, Texas. Said 4.020 acre tract is part
of Lot 52 of Zychlinsky Subdivision according to the plat recorded in Volume 29,
Page 43 of the Deed Records of Brazoria County, Texas and is further described
as being all of a one (1) acre tract, a 2.179 acre tract and part of a 2.000 acre
tract as described in a deed to Associated Properties as recorded in Clerk's File
No. 2011034738 in the Brazoria County Clerk's Office.
GENERAL LOCATION: 3706-3902 Alice Street, Pearland, TX
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 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
Page 3 of 10
Ord. No 2000M-133
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.
PASSED, APPROVED, and ADOPTED on First Reading this 9'h day of March,
2015.
ATTEST:
G LO
SECR ARY
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iy=
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TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of March, 2015.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
—
TOM RE
MAYOR
Page 4 of 10
Ord. No 2000M-133
Ordinance No. 2000M-133
Exhibit "A"
Ordinance No. 2000M-133
Exhibit A
Legal Description
Being a 4.020 acre tract in the H.T. & B.R.R. Company Survey, Abstract No. 542
in Brazoria County, Texas. Said 4.020 acre tract is part of Lot 52 of Zychlinsky
Subdivision according to the plat recorded in Volume 29, Page 43 of the Deed
Records of Brazoria County, Texas and is further described as being all of a one
(1) acre tract, a 2.179 acre tract and part of a 2.000 acre tract as described in a
deed to Associated Properties as recorded in Clerk's File No. 2011034738 in the
Brazoria County Clerk's Office.
Page 5 of 9
Ord. No 2000M-133
Ordinance No. 2000M-133
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
Zone Change 2015-02Z
3706-3902 Alice St.
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Page 6of9
Ord. No 2000M-133
Ordinance No. 2000M-133
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 January 29, 2015.
blisher's Representative
Sworn to and subscribed before me this l_p day of Fe b. , 2015.
Notary Public
My commission expires on
1-17.1Co
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 NUMBER: 2015-02Z
Notice is hereby given that on February 16, 2015 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, located at 3519 Liberty
Drive, Pearland, Texas, at the request of Gerald L. Koza
Jr., applicant; on behalf of Associated Properties, owner; for
approval of a change in zoning from the General Commercial
(GC) zoning district to the Light Industrial (M-1) zoning district;
on approximately 4.020 acres of land, to wit:
Being a 4.020 acre tract in the H.T. & B.R.R. Company
Survey, Abstract No. 542 in Brazoria County, Texas. Said
4.020 acre tract is part of Lot 52 of Zychlinsky Subdivision
according to the plat recorded in Volume 29, Page 43 of
the Deed Records of Brazoria County, Texas and is further
described as being all of a one (1) acre tract, a 2.179 acre
tract and part of a 2.000 acre tract as described in a deed
to Associated Properties as recorded in Clerk's File No.
2011034738 in the Brazoria County Clerk's Office.
General Location: 37006-3902 Alice Street, Pearland, 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.
Ian Clowes
Senior Planner
Exhibit C
Legal Ad
klOTICE OF A JOINT PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: 2015-02Z
Notice is hereby given that on February 16, 2015 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, located at 3519 Liberty
Drive, Pearland, Texas, at the request of Gerald L. Koza
Jr., applicant; on behalf of Associated Properties, owner; for
approval of a change in zoning from the General Commercial
(GC)zoning district to the Light Industrial (M-1) zoning district;
on approximately 4.020 acres of land, to wit:
Being a 4.020 acre tract in the H.T. & B.R.R. Company
Survey, Abstract No. 542 in Brazoria County, Texas. Said
4.020 acre tract is part of Lot 52 of Zychlinsky Subdivision
according to the plat recorded in Volume 29, Page 43 of
the Deed Records of Brazoria County, Texas and is further
described as being all of a one (1) acre tract, a 2.179 acre
tract and part of a 2.000 acre tract as described in a deed
to Associated Properties as recorded in Clerk's File No.
2011034738 in the Brazoria County Clerk's Office.
General Location: 37006-3902 Alice Street, Pearland, 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
Deparfrnent at 281-652-1765.
lan Clowes
Senior Planner
Page 7 of 9
Ord. No 2000M-133
Ordinance No. 2000M-133
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
February 17, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 2015-02Z
Honorable Mayor and City Council Members:
At their regular meeting on February 16, 2015, the Planning and Zoning Commission
considered the following:
A request of Gerald L. Koza Jr., applicant; on behalf of Associated Properties,
owner; for approval of a change in zoning from the General Commercial (GC)
zoning district to the Light Industrial (M-1) zoning district; on approximately 4.020
acres of land, on the following described property:
LEGAL DESCRIPTION: Being a 4.020 acre tract in the H.T. & B.R.R. Company
Survey, Abstract No. 542 in Brazoria County, Texas. Said 4.020 acre tract is part
of Lot 52 of Zychlinsky Subdivision according to the plat recorded in Volume 29,
Page 43 of the Deed Records of Brazoria County, Texas and is further described
as being all of a one (1) acre tract, a 2.179 acre tract and part of a 2.000 acre
tract as described in a deed to Associated Properties as recorded in Clerk's File
No. 2011034738 in the Brazoria County Clerk's Office.
GENERAL LOCATION: 3706-3902 Alice Street, Pearland, TX
Page 8 of 9
Ord. No 2000M-133
P&Z Commissioner Mary Starr made a motion to recommend approval of the Zone
Change request. The motion was seconded by P&Z Commissioner Elizabeth McLean.
The vote was 7-0 and the motion was approved. Commissioners Reed, Starr, McLane,
McFadden, Fuertes, Duncan, and Tunstall all voted to approve the requested zone
change
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 9
Ord. No 2000M-133