Ord. 509-466 07-10-00ORDINANCE NO. 509-466
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 AND GRANTING A SPECIFIC USE PERMIT FOR A PLUMBING
CONTRACTOR SHOP WITH OUTSIDE STORAGE ON THE FOLLOWING
PROPERTY, TO-WIT BEING TRACT h 1 ACRE BEING LOT 3, GABRIEL
ENTERPRISES AND TRACT Ih 1.78 ACRES BEING LOT 36H3 OUT OF THE
HoC. JOHNSON 99 ACRE TRACT, A-219, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 9t7 & SPECIFIC USE NO. 88) (2617 LAZY BEND) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS - SPECIFIC USE (GBoS) 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, Chadie 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 stdct conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509;
and
WHEREAS, on the 16t" 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 forthe property described
in Exhibit "A" from its existing classification of Suburban Development District (SD) to General
Business-Specific Use (GB-S); 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 26, 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:
I.
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 - Specific Use Permit (GB-S);
such property being more particularly described as:
Tract h 1 acre being Lot 3, Gabriel Enterprises and Tract Ih 1.78 acres being Lot 36H3
out of the H.C. Johnson 99 acre tract, A-219, Brazoria County, Texas ( 2617 Lazy Bend
Drive)
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
2
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 reclassi~cation of the herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
ORDINANCE NO. 509-466
PASSED, APPROVED, and ADOPTED on First Reading this 26thday of
June ,2000.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10th
of July ,2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
day
DARRIN COKER
CITY ATTORNEY
x_x_ Change in Zoning Classification ~'o~n
__ Change in Regulation in Section #:
__ Specific Use for: *
Property address: 2617 LAZY BEND DR,
PE RLAND, TRXA,q
Lot: 3 and 36H3BlOck: Subdivision:
Metes & Bounds Description: A0219 2. 780 acres .
(unplatted property only; attach survey)
tO: C'(]MM~..~C'TAT,
77581
GABRTEL ENTERPRT~RS
Tax [.D. number: n91 q-0038-130, 0219-~0038-160
Proposed use of land within requested desi~mtion: r,~qcnn PLUMBING INC.
Record owller's llallle: STAN LESLIE
Owner's mailing address: 2617 LAZY BEND DR, PEARLAND, TEXAS 77581
Owner's telephone number: 281-997-0340
Agent'shame: CHARLIE EASON, HARDCASTLE REAL ESTATE
Agent's majli,~g address: 6302 BROADWAY, SUITE 220, PEARLAND TX 77581
Agent's telephone number: 281-485-6000
PETITION: As owner/aget~t, 1 hereby petition tile City for approval of tile 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
aclmowledge that such use, ay be incompatible with current and future used on properties in my
vicinily. ~~,'
Owner's signature:' Agent's signature:
Fee paid: $ ~Q~ 'p, / Date paid:
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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 ~-'//~'
Date
20 ~
20__
No.
No.
No.
Date
Date
Date
20__
20__
20--
Subscribe and sworn to before me this
2~) (-~
President
· da of -: '//
~ LAUE'A A. EMMONS
Notary Public, State of Texas
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:
Date
'Date
Date
Date
Date
Subscribe and sworn to before me this
President
ay of
No.
No.
No.
No.
No.
June 21, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON APPLICATION NO. 917 &
SPECIFIC USE NO. 88
Request of Charlie Eason, agent for Stan Leslie, owner, for an amendment to the Land Use
and Urban Development Ordinance of said City from Classification Suburban
Development District (SD) to Commercial District (C) on the following described property,
to wit:
Tract I: 1 acre being Lot 3, Gabriel Enterprises and Tract II: 1.78 acres being Lot 36H3
out of the H.C. Johnson 99 acre tract, A-219, Brazoria Co., TX (2617 Lazy Bend Drive)
Honorable Mayor and Council Members:
At the request of City Council, I have contacted Mr. Leslie, the owner of the above mentioned
property. He has agreed to change his zone change request to General Business with a Specific
Use for a plumbing contractor shop with outside storage, instead of Commercial.
This is submitted for your consideration.
Sincerely, ~
Gene Tumlinson
Director of Community Development & Services
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