Ord. 509-460 06-12-00 Tabled TABLED 6/12/00
ORDINANCE NO. 509-460
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 TRACT I: '1 ACRE BEING LOT 3, GABRIEL
ENTERPRISES AND TRACT I!: '1.78 ACRES BEING LOT 36H3 OUT OF THE
H.C. JOHNSON 99 ACRE TRACT, A-2'19, BRAZORIA COUNTY, TEXAS,
(APPLICATION NO. 9t 7) (26'17 LAZY BEND DRIVE) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C)
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 8~ of May, 2000, a Joint Public Hearing was held before the
Planning and Zoning Commission and tl~e 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 '16~ 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
Commercial District (C); 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:
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 CommerCial District (C); such property being
more particularly described as:
Tract h 1 acre being Lot 3, Gabriel Enterprises and Tract I1:1.78 acres being Lot 36H3
out of the H.C. Johnson 99 acre tract, A-219, Brazoria County, Texas(2617 Lazy Bend Drive)
I1.
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.
ORDINANCE NO. 509-460
PASSED, APPROVED, and ADOPTED on First Reading this __ day of
,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Readingthis day of
,2000.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
xx Change in Zoning Classification from SD to:
~ Change in Regulation in Section ~:
~ Specific Use for: *
Pr°petWaddress: ~617 LAZY BEND DR. PEARLAND, TEXAg 77Kg]
Lot: 3 and 36H~l°ck: [ Subdivision: G~BRTET.
Metes& Bounds Description: ~0219 2 780 acres
(uupla~ed prope~ only; attach sm~ey) '
Tax I.D. number: ngl q-0038-130. 0219-0038-160
Proposed use of land within requested desi~mtion: v.~ PhU~BZ~
Record OWller's Hame: STAN LESLIE
Owner s maihngaddress: 2617 LAZY BEND DR, PEARLAND, TEXAS 77581
OwIler's telephone llnlnber: 281-997-0340
Agent's name: CHARLIE EASON, HARDCASTLE REAL ESTATE
Agellt's mailil]g address:6302 BROADWAY, SUITE 220, PEARLAND TX 77581
Agent's telephone lluulber: 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 Pemfit request to allow a residential use in a business zone (OP, NS, GB), I
ackn.owledge that such use ~ay be incompatible with cun'ent and future used on properties in my
vicin,ty. .)~ /
Owner's signature:~ ~ Agent's signature: ~.~ ~ ~
Feepaid:$ ~;Q~)~'~ ~ /? Datepaid: 5~-~5-0D -- ,
Received by' ~~/J~ ;,:' Application nmnber': ~ ~:': ~?{: ,'.'i~ i~:4~ii~ii{~¥J~
GARDENIA
R-1(154)
R-l(117) R-1 (154)
R-~02o) R-~
R-~O~'~)
ZONE ~D
BEI~) ZONE so
ZONE SD
BROADWAY STREET
2B 2A
C
FROM
8DTOC
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 ~¢F~4'~/ //~' 20 ~
NO. ' Date 20
No. Date 20
No. Date 20
No. Date 20
President
Subscribe and sworn to before me this ~o
2¢ d~
Notary Public, State of Texas
NOTICE OF A dOiN? :,
PUBLIC HEARING OFTNE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND~TEXAS i i
Notice is hereby given that Oh
the 8th day qf May, 2000, ai
6:30 p.m., the City Co~nci!
and.the Planning and Zonihg
Commission of the city o!
Pearland, Brazoria,' Had'ds
and Fort Bend C(~untiss~
Texas, will conduct a Joint
Public Hearing in the Council
Chambers, City Hall, 3519
.Liberty Drive, Pearlandl/
Texas, on the request of
Chariie Eason of Hardcas[te:
Real Estate, agent for Start
Leslie~ owner, fo[ an amend;:
merit to the Land Use a~d:
Urban DeveloPment
Ordinance of said City from
Classification Suburban
Development Distric! (SD) to
Commercial District (C) on
the following descdb~ plop-
,. erty, tO wit: .:,~
Tract h 1 acie being I,ot 3,
Gabriel Enterprises and Tract
Il: 1.78 acres being Lot 36H3
out of the H.C.. Johnson 99
acre tract, A-219, B.t~z0iia
Co,, TX (2617 Lazy ~.nd
Drive) : .~:
At Said headng all interested
parties shall have t~ right
and oppodun~ to appear an~
be heard on the SUb ~'.' i
City Secmta~' ·
APPUcAT~ON N0,~i? ~ ~
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 genera]
circulation in Brazoria and Harris Counties, for / issues, as follows:
No, .! Date ~T/' ;~(o 20.
No. 'Date 20__
No, Date 20
No, Date 20 ' ' '
No, Date 20 __
/ President
Subscribe and sworn to before me this ~ '~ /~ay of '~-,'~//
~o ~ ~_. ~...~'~ '-'
Uota~~Xas
. . ~ .
NOTICE OF A JOINT~
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMUISSION OF THE CITY*.
OF PEARLAND, TEXAS _
Notice is hereby given that on~'
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,
Texas~ wi][ conduct a Joint':
. Public Hearing in the Council
Chambers, City Ha~I, 3519
Liberty Drive, Pearland,
Texas, on the request of
Charlie Eason of Hardcaslte
Real Estate, agent for Start
Leslie, owner, for an amend-
ment to the Land Use and
"'Urban Development
Ordinance 'of said City from
Classification Suburban
Development Distdct (SD) to
Commercial District (C) on
the following described prop-
er[y, to wit:
Tract I: 1 acre being Lot 3,
Gabriel Enler~rises and Tract
Il: 1.78 acres being Lot 36H3
out of the H.C. JohnsOn ~9
acre [ram. A-219, Brazoria
Co., TX (2617 Lazy Bend
Drive)
At said hearing all interested
3arties shall have'the'right
and opportunity to appear and
be heard on the sub, ecl --~.
Young Loding
Ci~J Secretary ~'.. ~. ~
APPECATION NO.:917 ,: ' ~' ;
May 16, 2000
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONING APPLICATION
NO. 917
Request of Charlie Eason, agent for Start Leslie, owner, for an amendment to the Land Use
and Urban Development Ordinance of said City from Suburban Development District (SD)
to Commercial District (C) for the following described property, to wit:
Tract I: 1 acre being Lot 3, Gabriel Enterprises and Tract H: 1.78 acres being Lot 36H3 out of the
H.C. Johnson 99 acre tract, A-219, Brazoria Co., (2617 Lazy Bend Drive)
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 Charles Viktorin and seconded by Commissioner Russ
Selemon to recommend approval of Zone Change Application No. 917.
Motion to approval passed 6 to O.
This is submitted for your consideration.
Sincerely,
Mary Starr, Chairman
Planning & Zoning Commission