Ord. 509-197 04-27-98ORDINANCE NO. 509-197
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 BEING 29.5472 ACRES OUT OF LOT 14, LOTS 2 &3,
NARREGANG'S SUBDIVISION AND LOT 25 OUT OF THE O.W. WILLITS
SUBDIVISION RECORDED IN DEED RECORDS, VOLUME 1, 3, & 70, PAGES
92, 65 & 61 6, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 270) FROM
CLASSIFICATION OFFICE PROFESSIONAL (OP) TO SINGLE FAMILY
DWELLING DISTRICT (R-2) AT THE REQUEST OF ALFRED E. LENTZ, AGENT
FOR WILLOW PARTNERS LTD., OWNERS, 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, Alfred E. Lentz, agent for Willow Partners Ltd., owners, filed on the 19th
of January, 1998, 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 application for amendment attached hereto, and made a part hereof for all
purposes, as Exhibit "A"; and
WHEREAS, on the 23rd day of March, 1998, 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
WHEREAS, on the 24th day of March, 1998, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by Alfred E. Lentz, agent for Willow Partners Ltd., owners, whereby
1
the Commission recommended and approved a change of classification for the property
described in Exhibit "A" from its existing classification of Office Professional (OP) to Single
Family Dwelling District (R-2); and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on the 13th of April, 1998, 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 Alfred E. Lentz, agent for Willow Partners Ltd., owners, facts were presented
which, in the judgment of the City Council, would justify the approval of said application, it
is therefore,
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 Office Professional (OP) is hereby for all
purposes changed and reclassified as Single Family Dwelling District (R-2); such property
being more particularly described as:
Being 29.5472 acres Out of Lot 14, Lots 2 & 3, Narregang's Subdivision and
Lot 25 out of the O.W. Willits Subdivision recorded in Deed Records, Volume
1, 3, & 70, pages 92, 65 & 616, Brazoria County, TX.
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
2
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.
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 hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-197
PASSED, APPROVED, and ADOPTED on First Reading this ]3th
Apri I ,1998.
~-~
ToM REID
MAYOR
day of
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
27th day of Apri I
ATTEST:
,1998.
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
March 24, 1998
PEARLAND
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 270.
Request of Alfred E. Lentz, agent for Willow Partners Ltd., owners, for an amendment to the
Land Use and Urban Development Ordinance of said City from Classification Office
Professional (OP) to Single Family Dwelling District (R-2) on the following described
property, to wit:
Being 29.5472 ac. Out of Lot 14, Lots 2&3, Narregang's Subdivision and Lot 25 out of the
O.W. Willits Subdivision recorded ~n Deed Records, Volume 1, 3, & 70, pgs. 92, 65 & 616,
Brazoria County, TX.
Honorable Mayor and Council Members:
The Planning and Zoning Commission, at a regular meeting held on March 23, 1998, after the joint
public hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Commissioner Jack Mathis, and seconded by Vice Chairman Emil Beltz to
approve Application 270.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
~c;y, ~.~ ?
Pat Lopez, Cliairman
Planning & Zoning Commission
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° (281) 485-2411 ° www. ci.pearland.tx.us
X Clxange in Zoning Classification from: OP to: .ii-2
Change in Regulations in Section #:
Specific Use for: *
PropeFly address:
Lot: 25 Block:
Metes & Bounds Description:
(.nplatted property only: attach survey)
Subdivision: O.w. Willits
Tax I.D. number: : [
Single Family Residential
Proposed use of !and within requested!designation:
Record owncr's name: Willow Partners, Ltd
Owner's mailing address:
5718 Westheimer Road, Suite 1450, Houston, Tx 77057
Owner's telephone number:
(713) 789-5099
Agent'stmme: Alfred E. Lentz
Agent's mailing address: 1328 South Loop West, Suite 201, Houston, Tx 77054
Agent's telephone number: (713) 796-1212
PETITION: As owner/agent, [ hereby. petition tile City for approval of tile above described request as
!~rovided by the laws of the State of Texas and Ordi~nces of the City of Pearland. *On a S~cific Use
Permit request to all¢,w a residential usa in a business zone (OP, NS, GB), I acknowl~g¢ that such use
Jnay Z~ inc:ompati!~le with current and future uses on proOfties in my vicinity.
..........
ZONE R-2
ZONE :, . /
STREET
ZONE GB ~ ZONE GB
<
ZONE C
ZONE R-1
ZONE R-1
R-1
R-2
OP
CB
C
S
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
MEDIUM DENSITY SINGLE FAMILY DWELLING
DISTRICT
OFFICE AND PROFESSIONAL DISTRICT
GENERAL BUSINESS DISTRICT
COMMERCIAL DISTRICT
SPECIFIC USE PERMIT
ZONE CHANGE
FROM
OP TO 1:1-2
aR, Ik~270led= SHELrr
I mFD, ~MRH 96--8011 Or 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, 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 and Harris Counties, for / issues, as follows:
N o. Date 19
No. Date 19
N o. Date 19
Editor
Subscribe and sworn to before me this
19
day of
L
SS S
:~ .EA,:NG OF THS crr'f
~ NCIL AND THE PLAN-
. ~! ~ING AND ZONING COM-
· !'" ~ION OF THE CITY OF
* at 6:30 p.m., the Cily Council
'_~nd the Planni,ng and Zoning
.~misSion*~i~heClyof
~ea~and, Bra;0ria' and Harris
.,.C0un~lee, .Te~xa~;will ~ndu~t
~ Joint:Public Hearing in the
~'codn~l Chambers, City Hall,
3519 Liberty Drive, Pearland,*"
Texas, on~he request'c~,
...:~:!.? ,._.,-:,...
~: Family Dwelling District (l!4~
'~,'. on lh~ f(~iJOw ng descdbld'
~:" ....' . 'wii: . '
i.*,., ~lljzoria Courtly,. TX '
..3tlliil'l~'lering 8JI interested
li!ld ~uni~y Io appear