Ord. 509-731 08-09-04 FailedFAILED 8/9/04
Ordinance No. 509-731
ORDINANCE NO. 509-731
AN ORDINANCE OF THE CITY
N509,OTHE LANDCITY
USOEFAND URBAN
TEXAS, AMENDING ORDINANCE NO
DEVELOPMENT ORDINANCE OF THE CLASTY SIFICF PEARLAND, TEXAS, ATION ON OF CERTAIN REALOR
THE PURPOSE OF CHANGING THE
PROPERTY LOCATION BEING 2.389 ACRES OF LAND, OUT OF LOT 59, OF
THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF
THE H.T. & B.R.R. COMPANY SURVEY NO. 20 (F.B. DRAKE), ABSTRACT
506, BRAZORIA COUNTY, TEXAS OFLOFMD518 NTHE WEST SIDE (BROADWAY STREET))OF
CULLEN BOULEVARD, AND NORTH
(APPLICATION NO. 1178) FROM CLASSIFICATION GENERAL BUSINESS
DISTRICT (GB) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF JUNG
KWAK, 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, Jung Kwak, Owner, filed on June 4, 2004, 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 19th day of July, 2004, 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 26th day of July, 2004, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Jung Kwak, Owner, whereby the Commission
1
ORDINANCE NO. 509-731
recommendation to deny for the change of classification for the property described in
Exhibit "A" from its existing classification of General Business District (GB) to
Commercial District (C); 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 August 9, 2004; 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 Jung Kwak, 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:
The following described property located within the corporate City limits of the
City of Pearland, Texas, and presently classified as General Business District (GB) is
hereby for all purposes changed and reclassified as Commercial District (C), such
property being more particularly described as:
2.389 acres of land, out of Lot 59, of the Allison Richey Gulf Coast Home
Company Subdivision of the H.T. & B.R.R. Company Survey No. 20 (F.B.
Drake), Abstract 506, Brazoria County, Texas (Located on the West Side of
Cullen Boulevard, and North of FM 518 (Broadway Street))
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
2
ORDINANCE NO. 509-731
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.
3
ORDINANCE NO. 509-731
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2004.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of , 2004.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
4
TOM REID
MAYOR
FROM :
FAX NO. :
Aug. 19 2003 04:41AM P1
APPLICATION FOR
A CHANGE IN ZONING
City of Peerior7d
Community Development
3523 Liberty Drive
(Community Center)
Peariend, Texas 77581
281-852.1639
281-652-1702 fax
www.cipearland.tx.us
Please check one:
gr
aakA bk$t� to: M apt�.•-
Change in Zoning Classification from: (list current zoning) (Ilst proposed zoning)
❑ Specific Use Permit Request for
Property Information:
Address: Subdivision:
o � = ►,. Y .K Lam+ i` , 61mP f1f_
)
�I 0506-0045-1/0
Tax I.D. Number: - ---�
** For unplatted property, attach a Copy of the metes and bounds description**
(list proposed use)
Lot: SI Block:
Current use of property
(type of structures on property
Future/proposed use of property and reason for zone change:
INFORMATION:
PROPERTY OWNER INFORMATION! APPLICANT-1 H 4NAME t IA/�'_ NAME
ADDRESS h ADDRESS
CITY
HO
I d STATE ZIP ) ) rffc4 CITY STATE 'Q ZIP)) .f9
PHO (fig I1__))_ PHa E( ) _..
1'r'_'�
FAX( D-r 1-)� FAX( 1St
)
E-MAIL ADDRESS ��C041/1 E-MAIL ADDRESS .. i
PETITION: As owner/agent, 1 hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State o{nTexases�rldordinances of the City iidn of the property uponfwh which l have
certify to the best of my knowledge that this is a p
requested the above checked action. I understand that 1 ern fully responsible for the correctness of the
legal description given. '1'
/6
Owner's Signature:
Date:
Agent's Signature:
OFFICE USE ONLY: FEES PAID' _ DATE PAID:
RECEIVED APPLICATION NO.--I--I
013 !14LC61 Co
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FM 518
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SUBJECT PROPERTY
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BROADWAY ST
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LOCATION MAP
Zone Change Application No. 1178
Owner/Applicant: Jung Kwak
Location: 2620 Cullen Boulevard
Change: GB - C
0 200 400 Feet
(1111
-are_ rip. i n�
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, 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. 1 Date 4 - 30
20 kg_
No. Date 20
No. Date 20
No. Date 20
• No. Date 20
Subscribe and sworn to before me this
20br
LAURA ANN EMMONS
�T Notary Public, State of texas
"o..•+' Commission Expires 09-09-2006
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published June 30 & July 7,
2004
NOTICE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE MANGE'
APPLICATION NO.1178
Notice is hereby given that
on July 19, 2004, 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
Jung Kwak, owner, for an
amendment to the Land
Use and Urban
Development Ordinance of
said City from classification
General Business District
(GB) to Commercial District
(C), . on the following
described property, to wit:
2.389 acres of land, out of
Lot 59, of the Allison Richey
Gulf Coast Home Company
Subdivision of the H.T. &
B.R.R, Company Survey
No. 20 (F.B. Drake),
Abstract 506, Brazoria
County, Texas
(Located on the West Side
of Cullen Boulevard, and
North of FM 518 (Broadway
Street)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
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, Harris & Galveston Counties, for / issues, As follows:
No / Date 7 1 20_124 4
No. Date 20
No Date 20
No Date 20
No. Date 20
' Subscribe and sworn to before me this g
�0
... • • . •'• • •:• •• •••' • •:• • .... • • . • .. * • • .
•
••t*�•
•�. LAURA ANN EMMONS •
• • Notary Public, State of Texas •
•
,rFo+��+*" Commission Expires 09-09-2006
•• •
•••••.••. •.••••••........•• •••••
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published June 30 & July 7,
2004
NOTICE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND TTiE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARJAND
TEXAS
ZONE CHANGE
APPLICATION NO.1178
Notice is hereby given tha
on July 19, 2004, at 6:3C
p.m., the City Council anc
Planning and , Zoning
Commission of the City of
Pearfaand, in Brazoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
*Rehearing ' ncil
Chambers of .t* 1.8
Liberty Drive, Pearlar►d,
Texas, on the request: of
Jung Kwak, owner,4f01. an
amendment to the band`
Use and Urban
Development Ordinanc t of
tom. •from' ssi on
General Business District
(GB) to Commercial District
(C), on the following
described property, to wit:
2.389 acres of land, out of
tot 59, of the Allison Richey
Gulf Coast Home Company
Subdivision of the H.T.&
B.R.R. Company Survey
No. 20 (F.B. Drake),
Abstract 506, Brazoria
County, Texas
(Located on the West Side
of Cullen Boulevard, and
North of FM 518 (Broadway
Street)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ There'd Graineaim
Planner I ,_
Planning & boning Commission
July 23, 2004
City of Pearland
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 1178, for the property generally
located on the west side of Cullen Boulevard and north of FM 518
Honorable Mayor and Council Members:
At their regular meeting of July 19, 2004 the Planning and Zoning Commission considered the
request for a zone classification change from General Business District (GB) to Commercial
District (C) on the following property:
Legal Description: 2.389 acres of land, out of Lot 59, of the Allison Richey
Gulf Coast Home Company Subdivision of the H.T. & B.R.R. Company Survey
No. 20 (F.B. Drake), Abstract 506, Brazoria County, Texas (located on the west
side of Cullen Boulevard, and north of FM 518 (Broadway Street)
Vice Chairperson Sheryl Greiner made a motion to deny due to the existing surrounding GB
districts and due to the Commercial District (C) not being compatible with surrounding GB
districts. Commissioner Ransom seconded.
Motion to deny passed 6-0.
Sincerely,
Planning and Zoning Commission
and
cc: Jung Kwak (owner), 2621 Sunfish Drive, Pearland, TX 77584
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JULY 19, 2004
ZONE CHANGE
APPLICATION
NO. 1178
Existing Zoning: General Business District (GB)
Requested Zoning: Commercial District (C)
Location or Address of Property: West Side of Cullen Boulevard, and North of
FM 518 (Broadway Street)
Property Owner: Jung Kwak
Applicant: Jung Kwak
SUMMARY: The applicant is requesting a change in zoning on the subject property for
commercial district uses. In June 2003, the applicant received approval for a zone change
from Suburban Development District (SD) to General Business District (GB). The
applicant has indicated that he would like to change the zoning of the subject property to
Commercial District (C), in order to allow more options on the permitted uses for the
subject property as it is developed.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North General Business District Cemetery
(GB)
South General Business District Undeveloped tract; Exxon Mobil
(GB) convenience store
Zone Change Application No. 1178
Page 1
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JULY 19, 2004
East Suburban Development City of Pearland Fire Station
District (SD)
West General Business District Undeveloped tract
(GB)
CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The
applicant is requesting a C zoning district. The minimum lot size for the C district is 22,500
square feet and the minimum lot width is 150 feet. The subject property meets these
requirements; the subject property is larger than 2 acres in size and approximately 300 feet
in width.
The applicant will be responsible for complying with all other space limitations of the C
zoning district if the zone change is approved.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan
recommends General Business District Uses for the subject property, as well for all of the
properties on all sides of the subject property. The Comprehensive Plan further indicates
that the appropriate zoning districts for general business uses are the General Business
District (GB) and the Commercial District (C). Therefore, the proposed zone change
conforms to the Comprehensive Plan.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Cullen Boulevard, a major thoroughfare with 120 feet of right-of-way and of sufficient
width. No other roadways affect the subject property.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The subject property is currently
zoned General Business District, and is surrounded on all sides by other properties that
are zoned General Business District. The applicant has indicated that he would like to
change the zoning to Commercial in order to have more options on future uses, and
tenants for the subject property.
The GB and C districts both permit many of the same uses. However, one of the main
differences in these two district is that the C district allows for open storage and outside
display. The GB district also permits open storage and outside display, but limits the
Zone Change Application No. 1178
Page 2
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF JULY 19, 2004
outside activities to pedestrian walkways.
Staff is of the opinion that the Commercial. District would not be appropriate in an area that
is completely surrounded by General Business District zoning.
PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners
within 200 feet of the subject property under consideration. A legal notice of public hearing
was published in the local newspaper, and a Zoning Sign was placed on the subject
property.
STAFF RECOMMENDATION: Staff recommends denial of the zone change for C, as
proposed by the applicant, for the following reasons:
1. The existing GB zoning district is consistent with surrounding GB zoning districts
located on all sides of the subject property under consideration.
2. A C district would not be appropriate in an area that is completely surrounded by
GB district zoning, as the C district permits a more intensive type of uses, including
no limits on open storage and outside display.
3. The existing GB district permits a wide variety of developable uses.
SUPPORTING DOCUMENTS:
• Notice of Public Hearing
• Zone Change Application
• .Location Map
• Property Ownership Map
• Property Owner Notification List
• Zoning Map
• Future Land Use Plan
Zone Change Application No. 1178
Page 3
CITY OF PEARLAND
3523 Liberty Drive (Community Center), Pearland, Texas 77581
281-652-1742 FAX 281-652-1702 www.ci.pearland.tx.us
ZONE CHANGE APPLICATION NO. 1178
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, REGARDING:
A request by Jung Kwak, owner, for an amendment to the Land Use and
Urban Development Ordinance of said City from classification General
Business District (GB) to Commercial District (C), on the following
described property, to wit:
2.389 acres of land, out of Lot 59, of the Allison Richey Gulf Coast
Home Company Subdivision of the H.T. & B.R.R. Company Survey
No. 20 (F.B. Drake), Abstract 506, Brazoria County, Texas
(Located on the West Side of Cullen Boulevard, and North of FM
518 (Broadway Street))
PUBLIC HEARINGS WILL BE HELD IN THE
• COUNCIL CHAMBER OF CITY HALL
LOCATED AT
3519 Liberty Drive, Pearland, Texas
on
MONDAY, JULY 19, 2004, AT 6:30 P.M.
An application and map are enclosed for your information. This notice has
been sent to all owners of real property within 200 feet of the request, as
such ownership appears on the last approved city tax roll, in accordance
with notification guidelines established by City Ordinance and State law.
At said hearing, all interested parties shall have the right and opportunity
to appear and be heard on the subject. If you are unable to attend, but
wish to have your opinions made a part of the public record, please
complete the enclosed form and return it prior to the public hearing.
If you have any questions or need additional information please contact
the City of Pearland Planning Department at (281) 652-1742 or
tgrahmann@ci.pearland.tx.us.
SUBJECT PROPERTY
200' NOTIFICATION
LIMITS
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HOUSTON MEMORIAL GARDENS
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II
A rii.
CITY OF PEARLAND
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EXXON MOBIL CORPORATION
SILVERLAKE VILLAGE
• EXXON MOBIL CORPORATION
CITY OF PEARLAND
BROADWAY ST
FM518
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OWNERSHIP MAP
Zone Change Application No. 1178
Owner/Applicant: Jung Kwak
Location: 2620 Cullen Boulevard
Change: GB - C
N.
W+E
0 200 400 Feet
I[ I I I
TAX ACCOUNT
02430060105
05060010000
02430060105
05060045110
05060046120
30950001000
05060046120
OWNER
CITY OF PEARLAND
HOUSTON MEMORIAL GARDENS
CITY OF PEARLAND
JUNG KWAK
SAVELL CHARLES R & SHIRLEY
EXXON MOBIL CORPORATION
SILVERLAKE VILLAGE LP
EXXON MOBIL CORPORATION
ZONE CHANGE APPLICATION NO. 1178
Property Owner Notification List
ADDRESS
3519 LIBERTY DR
PO BOX 330350
3519 LIBERTY DR
2621 SUNFISH DRIVE
8535 BROADWAY ST
601 JEFFERSON ST STE 432-A
1800 BERING DR STE 550
601 JEFFERSON ST STE 432-A
CITY
ST ZIP CODE
PEARLAND TX 77581-5416
HOUSTON TX 77233-0350
PEARLAND TX 77581-5416
PEARLAND TX 77584
PEARLAND TX 77584-7717
HOUSTON TX 77002-7900
HOUSTON TX 77057-3169
HOUSTON TX 77002-7900
•
LEGAL DESCRIPTION
A0243 HT&BR R, TRACT
A0506 H T & B R R, TRACT
A0243 HT&BR R, TRACT
A0506 H T & B R R, TRACT
A0506 HT&BR R, BLOCK
CULLEN CROSSING (A243
A0506 HT&BR R, BLOCK
14-15A-31A, ACRES 13.9778
58, ACRES 9.280
14-15A-31A, ACRES 13.9778
59, ACRES 2.00
1, TRACT A, EXXON, ACRES 1.606
HT&B), BL 1, LOT RES A, ACRES 1.9498
1, TRACT A, EXXON, ACRES 1.606
ZONING MAP
Zone Change Application No. 1178
Owner/Applicant: Jung Kwak
Location: 2620 Cullen Boulevard
Change: GB - C
w
s
E
0 200 400 Feet
Bill I
N
FUTURE LAND USE PLAN W E
Zone Change Application No. 1178 s
Owner/Applicant: Jung Kwak
Location: 2620 Cullen Boulevard
Change: GB - C h i l l
0 200 400 Feet