Ord. 509-680 11-24-03ORDINANCE NO. 509-680
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
12.0467 ACRES, BEING OUT OF LOTS 59 AND 60 OF THE ALLISON
RICHEY GULF COAST HOME COMPANY'S SUBDIVISION, SECTION
20, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 506, BRAZORIA
COUNTY, TEXAS (NORTH SIDE OF FM 518, AND WEST OF CULLEN
BOULEVARD) (APPLICATION NO. 1129) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS
(GB) AT THE REQUEST OF ALFRED E. LENTZ, AGENT FOR BILL
WISE, 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, Alfred E. Lentz, Agent for Bill Wise, Owner, filed on September 19,
2003, 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 20th of October, 2003, 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 22nd day of October, 2003, 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 Bill Wise,
Owner, whereby the Commission recommended to approve a change of classification
1
ORDINANCE NO. 509-680
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 the recommendation of
the Planning and Zoning Commission, at a Regular Meeting on November 10, 2003;
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 Bill Wise, Owner, presented which, in the
judgment of the City Council, would justify the approval of said application; now,
therefore,
BE IT 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) is hereby for all purposes changed and reclassified as General Business (GB),
such property being more particularly described as:
12.0467 acres, being out of Lots 59 and 60 of the Allison Richey Gulf Coast
Home Company's Subdivision, Section 20, H.T. & B.R.R. Company Survey,
Abstract 506, Brazoria County, Texas (North Side of FM 518, and west of
Cullen Boulevard).
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
2
ORDINANCE NO. 509-680
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. 509-680
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
November , 2003.
„„,,S
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
24th day of November , 2003.
ATTEST:
C
TOM REID
MAYOR
4
ORDINANCE NO. 509-680
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
❑x Change in Zoning Classification from: SD to: GB
(list current zoning) (list proposed zoning)
❑ Specific Use Permit Request for :
Property Information:
Address: 4155 P.M. 51 R
(list proposed use)
Subdivision: Allison Richey Gulf Coast Lot:Part of 59&Bbck: Sec. 20
Home Company
Tax I.D. Number 0506-0046-110
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property): Vacant
Proposed use of property: Retail
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME Bill Wise NAME Alfred E. Lentz
ADDRESS 4618 Pin Oak r.anP ADDRESS4710 Bellaire Blvd., Suite 250
CITY Houston STATE TX ZIP 77401.. CITY Bellaire STATE TX ZIP 77401
PHONE( 713J 665-0175 PHONE(_713 )839-8900
FAX( 713 ) 839-0922 FAX( 713 ) 839-9020
E-MAIL ADDRESS hwwi sP@prig _ nPt E-MAIL ADDRESS lentzeng@swbell.net
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature:
'(/
Date: %2.
Agent's Signature: �- Date: 9//i
OFFICE USE ONLY: �
I� -/ p�
FEES PAID: /
DATE PAID: 9-19-03
RECEIVED BY: APPLICATION NO. i i o2 9
LOCATION MAP
Zone Change Application No. 1129
Owner: Bill Wise/Alfred E. Lentz
Northwest Corner of FM 518 and Cullen Boulevard "
0 200 400 Feet (SD - GB) W + E
I I I I I I
s
Al-riu ,vi I tit rUVLICATION
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 priblished
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues;.as follows:
No. C Date (D C-& / 20 ' 3
No. Date 20
No Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20
President
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Oct. 1 and Oct. 8,
2003
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
the 20th day of October,
2003, at 6:30 p.m., the City
Council and Planning and
Zoning 'Commission of the
City of Pearland. in Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct
a joint public hearing in the
Council Chambers of City,
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Alfred E. Lentz,
applicant for Bill Wise, owner,
for an amendment to the
Land Use and Urban
Development O!dinance of
said City ronl laasification
Suburban 'Development
District (SD) to General
Business District (GB) on the
following described property,
to wit:
12,0467 acres, being out of
Lots 59 and 60 of the Allison
Richey Gulf Coast +Home
Company's Subdivision,
Section 20, H.T. & B.R.R.
Company Survey, Abstract
506, Brazoria County, Texas
(North Side of FM 518, and
west of Callen Boulevard).
At said hearing all interested
parties shall `have' the right
and opportunity,` to appear
and be heard on the subject.
/s/ Theresa Grahmann
Planner
APPLICATION NO.1129
AI-HUAV .r 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, Harris & Galveston Counties, for / issues,:as follows:
No. l Date a c- 20 3
No Date .20
No. Date 20
No. Date 20
No. Date 20
Subscribe anci sworn to before me this Z�
20 03
President
Laura Ann Emmons, Publisher
• Notary Public, State of Texas
APPLICATION -NO. 1128
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
the 20th day of October,
2003, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, in Brazoria,
Harris and - Fort Bend
Counties, Texas, will conduct
a joint public hearing in the
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Alfred E. Lentz,
applicant for Bill Wise, owner,
for an amendment to the
Land Use and Urban
Development Ordinance of
said City from Classification
Suburban Development
District (SD) to General
Business District (GB) on the
followingdescribed property,
to wit;
12.0467 acres, being out of
Lots 59 and 60`of the, Alli$on'
Richey ' cult Coati Home
Company's - Subtllvision,
Section- 20, H.T. & B.R.R.
Company Survey, Abstract
506, Brazoria County, Texas
(North Side of FM 518, and
west of Cullen Boulevard).
At said hearing all interestec
parties shall have the right
and opportunity to appeal
and be heard on the subject.
/sl Theresa Grahmann
Planner I
October 22, 2003,
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1129
Honorable Mayor and Council Members:
Request of Alfred Lentz, agent for Bill Wise, owner for an amendment 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:
Legal Description:
12.0467 acres, being out of Lots 59 and 60 of the Allison Richey Gulf Coast Home
Company's Subdivision, Section 20, H.T. & B.R.R. Company Survey, Abstract
506, Brazoria County, Texas (North Side of FM 518, and west of Cullen
Boulevard)
At a regular meeting held on October 20, 2003, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Linda Cowles made a motion to forward Zoning Application No. 1129 to City Council for
approval with a second made by Commissioner Ruby Sandars.
Motion to approve passed 6-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc:
Owner: Bill Wise
4618 Pin Oak Lane
Houston, Texas 77401
Applicant: Alfred E. Lentz
4710 Bellaire Boulevard, Suite 250
Bellaire, Texas 77401
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