Ord. 509-463 06-26-00CONSENT ITEM G
ORDINANCE NO. 509-463
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 LOCATION BEING 1.103 ACRES BEING LOT 1 OF GABRIEL
ENTERPRISES, H.T. & B.R.R. CO. SURVEY, A-219, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 918) (5915 BROADWAY) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
DISTRICT (GB) AT THE REQUEST OF CHARLIE EASON, AGENT FOR STAN
LESLIE, OWNER, 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, Charlie Eason, agent for Stan Leslie, Owner, filed on March 23, 2000, 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
applications for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 8th of May, 2000, 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 16th day of May, 2000, the Planning and Zoning Commission of the
City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Charlie Eason, agent for Stan Leslie, Owner, whereby the
Commission recommended and approved a change of classification for the property described
in Exhibit "A" from its existing classification of Suburban Development District (SD) to General
Business (GB); 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 June 12, 2000, 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 Charlie Eason, agent for Stan Leslie, Owner, 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:
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as Suburban Development District (SD) to is hereby
for all purposes changed and reclassified as General Business District (GB); such property
being more particularly described as:
1.103 acres being Lot 1 of Gabriel Enterprises, H.T. & B.R.R. Co. Survey, A-219,
Brazoria County, Texas (5915 Broadway)
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, 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 herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-463
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of
June ,2000.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of
June 2000.
ATTEST:
APPROVED AS TO FORM:
DAR ICN OKER
CITY ATTORNEY
TOM REID
MAYOR
4
May 16, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 918
Request of Charlie Eason, agent for Stan Leslie, owner, for an amendment to the Land Use
and Urban Development Ordinance of said City from Suburban Development District (SD)
to General Business District (GB) for the following described property, to wit:
1.103 acres being Lot 1 of Gabriel Enterprises, H. T. & B. R.R. Co. survey, A-219, Brazoria Co.,
TX (5915 Broadway)
Honorable Mayor and Council Members:
At a regular meeting held on May 15, 2000 after a Joint Public Hearing, the Planning and Zoning
Commission considered the above -mentioned request.
A motion was made by Commissioner Donald Glenn and seconded by Commissioner Emil Beltz
to recommend approval of Zone Change Application No. 918.
Motion to approval passed 6 to 0.
This is submitted for your consideration.
Sincerely,
Thh „um
-
Mary Stai`i, Chairman
Planning & Zoning Commission
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xx Cha ige in Zoning Classification from SD to: GENERAL, BIJSTNFSS
Cha Ige in Regulation in Section #:
Specific Use for: *
Property address: 59/5-
kaw4 W. BROADWAY
Lot:_ ONE Block:
Subdivision: GABRIEL ENTERPRISES
Metes & Bounds Description: ABST A0219 H.T. & B.R.R. ACRES 1.103
(unplatted property only; attach survey)
Tax I.D. number: 0219-0038-140
Proposed use of land within requested designation: DAv rARF
Record owner's name: STAN LESLIE
Owner's mailing address: 2617 LAZY BEND DR. , PEARLAND TEXAS 77581
Owner's telephone number: 281-997-0340
Agent's name: CHARLIE EASON. HARDCASTLE REAL ESTATE
Agent's mailing address: 6302 BROADWAY SUITE 220, PEARLAND TX 77581
Agent's telephone number:281=485-6000
PETITION: As owner/agent, I hereby petition the City for approval of the above described
request as provided by the laws of the State of Texas and Ordinance of the City of Pearland. *On
a Specific Use Permit request to allow a residential use in a business zone (OP, NS, GB), I
acknowledge that such use may be incompatible with current and future used on properties in my
vicinity.
Owner's signature
Agent's signature: ✓
Fee paid: $ r
Date paid: —93--t0
Received by: \�
Application number: °
i4
a" ry
BROADWAY STREET
WEST OAKS CIRCLE NORTH
401 39
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, 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:
No % Date c / /' 20 4D
No. Date 20
No. Date 20
Date 20
No. Date. 20
No.
Subscribe and sworn
20 a)
o before me .this
LAURA A_. •EMMONS
rI k
Notary :Public, State of Texas
j- NOTICE OF A JOINT.
PUBLIC HEARING OF THE E
' CITY COUNCIL AND THE E
PLANNING AND ZONING E
COMMISSION OF THE CITY;
OF PEARLAND, TEXAS .
Notice is hereby given that on'
the 8th day of May, 2000, at
cl
6:30 p.m., the City Council
and the Planning and Zoning
Commission of the City of,
Pearland, Brazoria, Harris`
and Fort Bend Counties,:
j Texas, will conduct a Joint
( Public Hearing in the Councila
,Chambers, City Hall, 35190
Liberty Drive, Pearland,
Texas, on the request of i
'Charlie Eason of Hardcastle
Real Estate, agent for Stan
4Leslie, owner, for 'an amend-
,ment to the Land Use and
Urban Development
-Ordinance of said City from
,Classification Suburban
,Development District (SD) to
.General Business District
(GB) on .the following .i
described property, to wit:
91.103 acres being Lot 1 of
3abriel Enterprises, H. T. &
3. R. R. Co. survey, A-219, I
3razoria Co., TX (5915
3roact'way)
At said hearing all interested
parties shall have; the right
and opportunity to appear and
be heard on the subject.
Young Lorfing
- City Secretary
1 APPLICATION NO. 918
AFFIDAVIT OF. PUBLICATION.
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties..
I, Randy Emmons, 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:
No. j Date::.
No. • Date
No. Date
No.
:. Date
No. Date
Subscribe and sworn to before me this
2Qfid
NIMONS ..
''•, `1 /�: i'-I'QCBl jt P'3ii4" o ' i,7 n O�'
r :t aixa n5mylu
Notary Public,
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
-OF PEARLAND; TEXAS
Notice is hereby given that on' {j{
the 8th'day of May; 2000, at..
6:30 p.m., the'City Council
and the Planning and Zoning_;
Commission of the City of
Pearland,'Brazoria, Harris
and Fort Bend Counties, •1
Texas, will conduct a Joint,
Public' Hearing in the Council 3
Chambers, City Hall, 3519'
Liberty Drive, Pearland,
Texas, on the reguest.of
Charlie Eason of Hardcastle
Real Estate, agent for Stan ;
Leslie, owner, for an amend-
ment to. the Land Use and
Urban Development
Ordinance of said City from
Classification. Suburban
Development District (SD) to
General Business District
(GB) on the following
described property, to wit:
1.103 acres being Lot 1 of
Gabriel Enterprises, H.T. &
B.'R. R. Co., survey, A-219, jl
Brazoria Co., TX ;(5915.
Broadway)
It At said hearing all interested
tic parties shall have the right
ad and opportunity to appear and
z be heard on the subject.
- Young Lorfing
City SecretaryAPPLICATION NO. 918