Ord. 2000M-0001 2006- 04-24
ORDINANCE NO. 2000M-1
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, LOCATION BEING
10.00 ACRES OF LAND, LOT 64, OF THE ALLISON RICHEY GULF
COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION OF
SECTION 19, H. T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, AS
RECORDED IN VOLUME 400, PAGE 590, OF THE BRAZORIA COUNTY
DEED RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY
STREET), AND EAST OF WESTGATE STREET) (ZONE CHANGE
APPLICATION NO. 2006-10Z) FROM CLASSIFICATION SUBURBAN
RESIDENTIAL-12 DISTRICT (SR-12) TO GENERAL BUSINESS RETAIL
DISTRICT (GB), AT THE REQUEST OF JOSEPH BENES, APPLICANT
FOR JUDITH I. POSTON, BETTY P. HILL, DONALD E. BENES, AND
JOSEPH BENES, OWNERS, PROVIDING FOR AN AMENDMENT OF THE
ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Joseph Benes, applicant for Judith I. Poston, Betty P. Hill, Donald E.
Benes, and Joseph Benes, owners, filed on January 24, 2006, an application for
amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a
change in the zoning district, 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 20th day of March, 2006, 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 1.2.2.2 of Ordinance No. 2000T; and
ORDINANCE NO. 2000M-1
WHEREAS, on the 31 sl day of March, 2006, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Joseph Benes, applicant for Judith I.
Poston, Betty P. Hill, Donald E. Benes, and Joseph Benes, owners, whereby the
Commission recommended approval of the change of classification for the described
property from its existing classification of Suburban Residential-12 District (SR-12) to
General Business Retail District (GB); and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on April 1 0, 2006; 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 Joseph Benes, applicant for Judith I. Poston, Betty P. Hill, Donald
E. Benes, and Joseph Benes, owners, 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 Suburban Residential-
12 District (SR-12) is hereby zoned to General Business Retail District (GB), such
property being more particularly described as:
10.00 acres of land, Lot 64, of the Allison Richey Gulf Coast Home Company's
Suburban Gardens Subdivision of Section 19, H. T. & B.R.R. Company Survey,
Abstract 243, as recorded in Volume 400, Page 590, of the Brazoria County
Deed Records, City of Pearland, Brazoria County, Texas (Generally Located on
the North Side of FM 518 (Broadway Street), and East of Westgate Street)
Page 2 of 4
Ord No 2000M-1
ORDINANCE NO. 2000M-1
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
Section 2.3.2.2 of Ordinance No. 2000- T 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 4
Ord No 2000M-1
ORDINANCE NO. 2000M-1
PASSED, APPROVED, and ADOPTED on First Reading this 10th
day of
April
,2006.
~)fr>tl r?W;
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24 th day of
April
,2006.
~~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
(\~~ 11.~
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-1
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Please check one:
'rA
SUBURBAN
Change in Zoning Classification from: DEVELOPMENT
(list current zoning)
to: GENERAL BUSINESS
(list proposed zoning)
o Specific Use Permit Request for:
(list proposed use)
Property Information:
Address: 7903 (APPROX.) W. BROADWAY (FM 518) Tax Account No. 02430007110
Subdivision: Allison-Richey Gulf Coast SEE ATTAIDNlED
Block:
** Attach a copy of the metes and bounds description, survey, or legal description-
Current use of property
(type of structures on property): AGRICULTURAL - SMALL SHED PERIMETER FENCING
Future/proposed use of property and reason for zone change: OFFICE/RETAIL
PROPERTY OWNER INFORMATION:
NAME JOSEPH BENES
ADDRESS 19855 SOUTHWEST FWY #130
CITY SUGAR LAND STATE TXZIP 77479
PHONE( 281 ) 240-6110
FAX( 281 ) 240-6108
E-MAIL ADDRESSjhenes(clhenesappraisal.com
APPLICANT INFORMATION:
NAME JOSEPH BENES
ADDRESS 19855 SOUTHWEST FWY 11130
CITY SUGAR LAND STATE TX ZIP 77479
PHONE( 281 ) 240-6110
FAX( 281 ) 240-6108
E-MAIL ADDRESSibenes@benesappraisal.com
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
a?ove checked action. I understand that I am fully responsible f~r t.'; ~~tness of the ~e~a~:s:ription
given. !h.. /1. hi I. z,/-f) 6 .). ~/ //. /~_ / ;2 / '-/ L:
. . /:J /~. ...,.- . ,", (~;;;t:-..c, '/J ~/~/-z..c;.-- . _ .-
1 ,- '"\ 1 ..~
Owner's Signature: 'j'?:ZLj "/ 1~1".t~ (' -'tcdl;!.A<J Date: i);;<Vh)?
J I
I
I
V
Agent's Signature:
Date:
OFFICE USE ONLY:
FEES
PAID:
APPLICATION r"{)() I. 10-2-
NUMBER: JJ. w - Z-
SPRUCE
HACKBE RY
LOCATION MAP
Zone Change
No. 2006-10Z
W+E
S
SUBJECT
PROPERTY
QUIET TRAC LN
)>
~
;0
c
o 200 400 Feet
I. I II I
Map Prepared on March 1, 2006
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. I Date o/trJAdl J 20~
No. Date 20
No. Date 20
No. Date 20
No. Date 20
~o
'7
Subscribe and sworn to before me this czs.
20([]f/}
T
day OfcJr~( 1-1
Laura Ann Emmons, Publisher
Notary Public, State of Texas
~ - /02-
Published March 1, 2006
and March 8, 2006
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND
TEXAS '
ZONE CHANGE NO.
2006-010Z
Notice is hereby given tnal
on March 20, 2006, 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, on
the request of Joseph
Benes, applicant for Judith
I. Poston, Betty P. Hill,
Donald E. Benes, and
Joseph Benes, owners, for
an amendment to the Land
Use and Urban
Development Ordinance of
said City, for approval of a
change in zoning district
from classification Suburban
Development District (SD)
to General Business District
(GB), on the following
described property, to wit:
10.00 acres of land, Lot 64,
of the Allison Richey Gulf
Coast Home Company's
Suburban Gardens
Subdivision of Section 19,
H. T. & B.R.R. Company
Survey, Abstract 243, as
recorded in Volume 400,
Page 590, of the Brazoria
County Deed Records, City
of Pearland, Brazoria
County, Texas (Generally
Located on the North Side
of FM 518 (Broadway
Street), and East of
Westgate Street)
At said hearing aU'interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
Is! Theresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general ci'rculation in Brazoria, Harris
and Galveston Counties, for J issues, as follows:
. .
No. J Date ~~ J 200~
No. Date 20
No. Date 20
No. Date 20
No. Date 20
~o
Subscribe and sworn to before me this
1
day of alravA
20 oj~
Laura Ann Emmons, Publisher
~
Notary Public, State of Texas
rJ.OOI.ti-/07-
Published March 1, 2006
and March 8, 2006
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2006-010Z
Notice is hereby given that
on March 20, 2006, 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, on
the request of Joseph
Benes, applicant for Judith
I. Poston, Betty P. Hill,
Donald E. Benes, and
Joseph Benes, owners, for
an amendment to the Land
Use and Urban
I Development Ordinance of
I said City, for approval of a
I change in zoning district
from classifICation Suburban
Development District (SO)
to General Business District
(GB), on the following
described property, to wit:
10.00 acres of land, Lot 64,
of the Allison Richey Gulf
Coast Home Company's
Suburban Gardens
Subdivision of Section 19,
H. T. & B.R.R. Company
Survey, Abstract 243, as
recorded in Volume 400,
Page 590, of the Brazoria
County Deed Records, City
of Pearland, Brazoria
County, Texas (Generally
Located on the North Side
of FM 518 (Broadway
Street), and East of
Westgate Street)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
. subject.
. Is! Theresa Grahmann
. Senior Planner
Planning & Zoning Commission
Recommendation Letter
March 31 , 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No.1 OZ, a request by Joseph Benes,
applicant for Judith I. Poston, Betty P. Hill, Donald E. Benes, and Joseph Benes,
owners, for an amendment to Ordinance No. 2000-M, the Zoning Map of the City of
Pearland, for approval of a change in zoning district from classification Suburban
Residential-12 District (SR-12) to General Business Retail District (GB)
Honorable Mayor and City Council Members:
At their regular meeting of March 20, 2006, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Suburban
Residential-12 District (SR-12) to General Business Retail District (GB), on the following
property:
Legal Description: 10.00 acres of land, Lot 64, of the Allison Richey Gulf Coast Home
Company's Suburban Gardens Subdivision of Section 19, H. T. &
B.R.R. Company Survey, Abstract 243, as recorded in Volume 400,
Page 590, of the Brazoria County Deed Records, City of Pearland,
Brazoria County, Texas
General Location: Generally Located on the North Side of FM 518 (Broadway Street),
and East of Westgate Street
Commission Member Sherrouse made a motion to recommend approval of the zone
change request, which was seconded by Commission Member Greiner. The motion to
approve passed 7 - O. The zone change was recommended for approval by the Planning
and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Agenda Request 10Z
Page 3 of 3