Ord. 509-036 01-22-93ORDINANCE NO. 509-36
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THEPURPOSE
OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED IN A PORTION OF LOT 26 OF THE GEORGE W. JENKINS
SUBDIVISION FROM GB, GENERAL BUSINESS TO C, COMMERCIAL,
AT THE REQUEST OF ALFRED E. LENTZ, AGENT FOR L.F. GOZA,
OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICTMAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVEDATEAND OTHER PROVISIONS RELATED TO
THE SUBJECT.
WHEREAS, Alfred E. Lentz, Agent for L.F. Goza, Owner, in the
Application filed December 21, 1992, 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 25th day of .January, 1993, 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 1st day of February, 1993, the Planning and
Zoning Commission of the City submitted their report and
recommendation to the City Council regarding the proposed amendment
application of Alfred E. Lentz, Agent for L.F. Goza, Owner, whereby
they recommended and approved a change of classification for the
property described in Exhibit"A" from its existing classification
of General Business (GB) to Commercial (C); and
WHEREAS, upon receipt of the report from the Planning and
Zoning Commission, the City Council considered this application at
their regular meeting on February 8, 1993; and
WHEREAS, the City Council having fully heard the testimony and
argument of all interested parties, having been fully advised in
the premises, finds that in the case of the application of L.F.
Goza, Owner, 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 General Business (GB) is hereby for all purposes
changed and reclassified Commercial (C):
All that certain 7.1913 acres being a portion of Lot 26
of the George W. Jenkins Subdivision according to the
plat recorded in Vol 2, Pg. 20 Brazoria County Plat
Records and out of Lots 9 & 12 of the Holdale & Coffman
Subdivision and located in the Perry & Austin League
Abstract 111, Brazoria County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a set "X" in concrete marking the west corner of
Village Green Subdivision according to the plat thereof recorded in
Vol. 10, Pg. 9 Galveston County Map Records;
THENCE N 61° 33' 51" W - 401.30' with the northeasterly right-of-
way line of F.M. 518 (100' wide) to a found 3/4" iron pipe for
corner;
THENCE N. 42° 56' 09" E - with the most southerly west line of that
certain tract as described in a deed dated 3/27/1964 from Magnolia
Park Land Company to Allan Field filed in Vol. 876, Pg. 556,
Brazoria County Deed Records being called the northwest line of
said Lot 26 passing at 687.21' a set 1/2" iron rod for reference
and continuing a total distance of 747.63' to a point for corner;
THENCE with the centerline of Mary's Creek the following course and
distance;
THENCE N 82° 00' 54" E - 61.70' to a point for angle point;
THENCE N 51° 08' 41" E - 59.22' to a point for angle point;
THENCE S 80° 44' 21" E - 57.01' to a point for angle point;
THENCE S 67° 39' 05" E - 61.32' to a point for angle point;
THENCE S 65° 01' 06" E - 84.28' to a point for corner marking a
point on the common line of Brazoria and Galveston County;
2
THENCE S 07° 47' 23" W - 276.11' with the common line of Brazoria
and Galveston County to a set 1/2" iron rod for corner;
THENCE S 43° 12' 00" W - 607.05' with the northerly line of said
Village Green to the POINT OF BEGINNING and containing 7.1913 acres
(313,254 square feet) of land more or less.
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.
III.
The City Council of the City of Pearland finds and determines
that the amendment adopted herein promotes the health, safety,
morals 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.
3
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.
PASSED and APPROVED on first reading this
~---~~~ , A.D., 1993.
day of
C.V. Cop~~ ~"""7
ATTEST:
'Pa~~J~nes ,~t~SjJretary
PASSED and APPROVED on second and final reading this
day of ~~/t=/,~// , A.D., 1993.
~~Cop~~r ~
C.V.
ATTEST:
~~ySecretar~~~y
APPROVED AS TO FORM:
Lester Rorick, City Attorney
ilX!tlBIT "A"
ZONING CHANGE REQUESTED
Change in Regulations in
Section
Cham~ge '{ii'Z6iie~ss
F rollt: GB
To: c
CI'[Y OF I'EAIILAIIU
LAND USE CItANGE APPLICATION
BOAlID OF ADJUSTMENT & APPEAL
(') Variance Appeal
( ) Appeal from Interpretation
( ) Special Excel~tion Use
For:
PROPERTY IDENTIFICATION:
Street or Road Address:
Lot 26 , B1 ock
SUBMITTAL INFORMATION:
1. '14ust be professionally drawn
2. '14inimum scale of 100' to inch
3. North Arrow .
4. Site map attached
LEGAL DESCRIPTION:
1000 East Broadway
, Add.|tion George W. Jenkins Subdivision
e
5. Tract Dimension
6. Location, size, Fe'liFl~iii'hi.p of
all existtng structures to
boundary 1 ines
Describe from Deed Records, attach copy of Deed, and use m~tes and bounds
description:
P1 atted Land:
Unplatted Land: (Must have metes & bounds description) 7.1913 Acres out of
of Lot 26.
P'ROPOSED USE OF LAND WITHIN REQUESTED DESIGNATIOIi:
Automobile Customizinq Facility including paint and body.
RECORD OWNER: L.F. Goza
'OWNER'S MAILING ADDRESS & P!IONE NO.:
1407 Americana Building
Houston, Texas 77002
AGENT'S NAME: Alfred E. Lentz rio. 796-1212
AGENT'S MAILING ADDRESS: 1328 South Loop West, Suite 201, Houston, Tx. 77054
PETITION: As OWNER/AGENT , I hereby petition tile City for al~proval of time above
described request as provided by tile laws of tile State of Texas and
· Ord~n.~s of t earla
S IGNATUR_~2'
FEE: $ 2YO,°° DATE PAID: /)'/~' ~& x..
DATE FILED:
%-
EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
Before me, the undersigned authority, on this day personally
appeared GLORIA BOIKE, Business Manager for THE JOURNAL, a
newspaper having general circulation in Brazoria County,
Texas, who being by me duly sworn, deposes and says that the
foregoing attached notice was published in said newspaper
on the following date(s), to wit:
, 19
, 19
, 19
/~~'~~
BUSINESS ~NAGER
Subscribed and sworn to thi'~~ day
~* NOTICE OF A JOINT PUBUC
~-, ARINGOFTHEClTYCOUNC!L
~ AND
THE PLANNING AND ZONING
: COMMISSION OF THE CITY OF
PEARLAND, TEXAS
;Zoning Commission of ~e LCr?t~ of
;Pearland, Brazoria and Harris
(SEAL)
"Counties, 'r.exa~, will oonduo~ a Joint
;PuMic Fleafin in the Coundl Room.
City Hall, ~519 Liberty, Ddve
Peadand Texas, on the re user ot
Aftred E. Lentz, Agen_t, for L ~ Go
Owner, for an ewnendment to the ~n~
Ordinanoe of ssicl. Cily from
.Ola~ficalion General Business (GB),
40 Commemial (0), on Ihs following
' ~ ~ ~ ;t, · 7:19i3 Acres Out of Lot 26, George
. W. Jenkins Subdivision
. (1000 East Broadway)
9~ ' 'shall have the right and opportunity to
~pear,and be h~ard on the aub~L
Pat Jones, City Secmtap/
!APPLICATION 34
STATE OF TEXAS
First National Bank viee,aidentei
3102 EAST BROADWAY • POST OFFICE BOX 1950 • PEARLAND, TEXAS 77588-1950
FAX 713/485-6482 713/485-2423
February 22, 1993
1 o G7/ .2 2-. "
The Honarable C. V. Coppinger, Mayor 19,',02, 0/e/1/
City of Pearland
Pearland, Texas
Re: International Paint and Body, Inc. and Richard and Deborah Gautney1
Dear Vic,
Please be advised the above have been customers of this bank since 1984.
They have taken care of their obligations and accounts to our satisfaction.
The_. bank has not received any reports of a derogatory nature. If allowed to
proceed with their relocation and building of their new facilities, it will
be a credit to the city in which we call can take pride.
Sincerely yours,
A. Harrel Blackshear
President
AHB/dlf