Ord. 2000M-0014 2006-07-24 WITHDRAWN
WITH DRAWN BY APPLICANT
7/24106
ORDINANCE NO. 2000M-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING
9.9993 ACRES OF LAND BEING LOT 27 OF THE ALLISON RICHEY GULF
COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION OF
SECTION 8, H. T. & B.R.R. COMPANY SURVEY, ABSTRACT 504,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME
2, PAGES 23 AND 24 OF THE PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE WEST SIDE OF GARDEN ROAD, AND
APPROXIMATELY 1,600 FEET SOUTH OF BROOKSIDE ROAD), (ZONE
CHANGE APPLICATION NO. 2006-24Z), FROM GARDEN O'DAY MIXED
USE DISTRICT (GO-MU) TO PLANNED DEVELOPMENT DISTRICT (PD),
AT THE REQUEST OF M. ARIF, APPLICANT FOR SOHAIL NOOR,
OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
WHEREAS, M. Arif, applicant far Sohail Noar, owner, filed on May 22, 2006, an
application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for
approval of a change in the zoning district, 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 June, 2006, 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 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 30th day of June, 2006, the Planning and Zoning Commission
ORDINANCE NO. 2000M-14
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by M. Arif, applicant for Sohail Noor, owner, whereby
the Commission recommended denial of the change of classification for the described
property from its existing classification of Garden O'Day Mixed Use District (GO-MU) to
Planned Development District (PD); 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 July 24, 2006; 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 M. Arif, applicant for Sohail Noor, 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:
Section I. The following described property located within the corporate City
limits of the City of Pearland, Texas, and presently classified as Garden O'Day Mixed
Use District (GO-MU) is hereby zoned to Planned Development District (PD), such
property being more particularly described as:
9.9993 acres of land being Lot 27 of the Allison Richey Gulf Coast Home
Company's Suburban Gardens Subdivision of Section 8, H. T. & B.R.R.
Company Survey, Abstract 504, according to the map or plat thereof recorded in
Volume 2, Pages 23 and 24 of the Plat Records of Brazoria County, Texas, City
of Pearland, Brazoria County, Texas (Generally Located on the West Side of
Garden Road, and Approximately 1,600 Feet South of Brookside Road)
Section II. The City Council of the City of Pearland finds and determines that
Page 2 of 4
Ord No 2000M-14
ORDINANCE NO. 2000M-14
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.
Section 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.
Section 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.
Section 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.
Section VI. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein
granted for the reclassification of the herein above described property.
Section VII. 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
,2006.
Page 3 of 4
Ord No 2000M-14
ORDINANCE NO. 2000M-14
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of
,2006.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-14
i
I
I
I APPLICA liON FOR
Ai CHANGE IN ZONING
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Pt.._ ChMk ono: : i
~nG.ln Zoning crJiJc.tion from: ~;b Ml)(lS-l? to:
I or (.elU....hi.."'.
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o Sl*:ifIc Us. Permit R~uMt for ~
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PtOpef'ty Inform.tle"~ j . ~ / to . )
A'f.ffl.~.~..r; M~l.-'e7 NO~ 6f r.M (~If, '-'~"'OWA'</..fM~ ~.
Add1'Cl81: '" fl- ~~~,.. :~\~O'f- "'^~ Tex Account No.
Subdlvlsion: /tI..U~tI a~ bV\.f- ~ 2-7 B1ac:1::
~A~-r ~ '(J:J · ....-. /
- AUlCh . copy of t .im....lnd bound. description, survey, or legal description"
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CurrentueeofDl'OPe1'ti : I \ I X __ A ....~
(type of structures on PI'C~: ,V ~'( P
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FutureJpl'OpQ$ed use ofp~ and re_on fctr zone QheI'lQe:---=fOW ~ Mt1M~
-t'~~Q - Y:, ~t' l\11O 1... ,
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PFtOPlRTY OWNER INFORMAJ1ON: APPLICANT INFORMATION:
....... ::.oMl\... 6P NAM.~'~
60 S ACOREss---B_ _\.\...AM,Y ~
CITY ~ STATE crTYj\OU~lON STATE~Z} 7709"!J
PHO~(.t.8l ) & ?>.. 8 ~ONEl 81>>2.) 12.2."70"1\
FAX( l ~ FAA( "2-Rl-.J 7~
E.MAILAODRESS S,)(Noo~~A\"\!!.:.~~ e.MAtLAOORESS f ~Ao\...CO-'rvt
PETITION: Aa owner/agent, I h.re~ pelltll;Jn the CIty IJf F_rlend for approval of the aDOVe descrbJd
request as provided for by tile lawS o~ the State of Texas and ordinances of the City of Peariand. I certify to
the best of my knowledge ttlat thi$ ia a true description of the property IJpon which I have requested the
aoew. checked action. 1 LJnder~dlthat !!!D-~ res!)OMible for the correctness of the legai descriptiOn
given. --+-.::~ ~_ _ _____ ~
___ L ~-===--~ ~/'
Owner's Signature: ~ ," ~ _- Date: 'P ~
c::...---- ~
Ayent's 3lgnatura: 'b.~e: 05" 18 O.b
05/15/2005 10:30
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2815932723
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CIHCO RANCH MEDICAL
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FAGE 02
r'll.lX. 1:1:';
City of Pearland
Community Oewlopment
3523 Liberty Ortve
(Ccmmunlty Center)
~d, rtqa 77581
281-852.t1S8
281-652~ 1102 fax
www.citydpelIl1and.com
fUO
(11M ~-Int)
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APPUCAllON 011/ rVU/
NUMBER: {.,{V - U()t T
OUT A METES AND BOUNDS
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LOCATION MAP
W+E
s
Zone Change
No. 2006-24Z
- ---- T
I
o 200 400 Feet
III I I I
Map Prepared on May 30, 2006
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for I issues, as follows:
.
No. / Date ..s: 31 20a
No. Date 20
No. Date 20
No. Date 20
No. Date 20
~r~)
CFO
Subscribe and sworn to before me this Sl
2000
Notary Public, State of Texas
yoo(c. o~<I z
Published May 31, and
June 7, 2006
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO,
2006.024Z
Notice is he.reby given that
on June 19, 2006, 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,
located at 3519 Liberty
Drive, Pearland, Texas, on
the request of M. Arif, appli-
cant for Sohail Noor, owner,
for an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Pearland, for approval of a
change in zoning district
from classification Garden
O'Day Mixed Use District
(GO-MU) to Planned
Development District (PO),
on the following described
property, to wit:
9.9993 acres of land being
Lot 27 of the Allison Richey
Gulf Coast Home
Company's Suburban
Gardens Subdivision of
Section 8, H. T. & B.R.R.
Company Survey, Abstract
504, according to the map
or plat thereof recorded in
Volume 2, Pages 23 and 24
of the Pial. Records of
Brazoria County, Texas,
City of Pearland, Brazoria
County, Texas (Generally
Located on the West Side of
Garden Road, and
Approximately 1,600 Feet
South of Brookside Road)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/ Theresa Grahmann
Senior Planner
AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404 South Park
Pearland, Texas 77581
'"
State of Texas
Brazoria and Harris Counties
;.'Ii.':J;:, ~:::<",
I,' .Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
Subscribe and 'sworn to before me this
g
day of
20 0 fr;
ura Ann Emmons, Publisher
Notary Public, State of Texas
.51UJ(,' (';;V L
Published May 31, and
June 7, 2006
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2006-024Z
Notice is hereby given that
on June 19, 2006, 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,
located at 3519 Liberty
Drive, Peartand, Texas, on
the request of M. Arif, appli-
cant for Sohail Noor, owner,
for an amendment to
Ordinance No. 2000M, the
Zoning Map of the City of
Peartand, for approval of a
change in zoning district
from classification Garden
O'Day Mixed Use District
(GO-MU) to Planned
Development District (PO),
on the following described
property, to wit:
9.9993 acres of land being
Lot 27 of the Allison Richey
Gulf Coast Home
Company's Suburban
Gardens Subdivision of
Section 8, H. T. & B.R.R.
Company Survey, Abstract
504, according to the map or
plat thereof recorded in
Volume 2, Pages 23 and 24
of the Plat Records of
Brazoria County, Texas, City
of Pearland, Brazoria
County, Texas (Generally
Located on the West Side of
Garden Road, and
Approximately 1,600 Feet
South of Brookside Road)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the. subject.
Is! Theresa Grahmann
Senior Planner
Planning & Zoning Commission
Recommendation Letter
June 30, 2006
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2006-24Z, a request by M. Arif, applicant
for Sohail Noor, owner, for an amendment to Ordinance No. 2000M, the Zoning
Map of the City of Pearland, for approval of a change in zoning district from
classification Garden O'Day Mixed Use District (GO-MU) to Planned
Development District (PO), Generally Located on the West Side of Garden Road,
and Approximately 1,600 Feet South of Brookside Road
Honorable Mayor and City Council Members:
At their regular meeting of June 19, 2006, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Garden O'Day
Mixed Use District (GO-MU) to Planned Development District (PO), on the following
property:
Legal Description:
9.9993 acres of land being Lot 27 of the Allison Richey Gulf
Coast Home Company's Suburban Gardens Subdivision of
Section 8, H. 1. & B.R.R. Company Survey, Abstract 504,
according to the map or plat thereof recorded in Volume 2, Pages
23 and 24 of the Plat Records of Brazoria County, Texas, City of
Pearland, Brazoria County, Texas
General Location:
Generally Located on the West Side of Garden Road, and
Approximately 1,600 Feet South of Brookside Road
Commission Member Greiner made a motion to recommend approval of the zone
change request, which was seconded by Commission Member Diggs. The motion to
approve failed 0 - 7. The zone change was recommended for denial by the Planning
Agenda Request 24Z
Page 3 of 4
and Zoning Commission. The Commission stated the following as the reasons for the
denial:
1. The proposed development would have an adverse impact on the surrounding
properties.
2. Two of the uses proposed for the subject property are not permitted in the base
zoning district.
3. The proposed development would cause traffic concerns within the subject area.
4. The proposed development causes concerns with density due to the proposed
town homes.
Sincerely,
Planning and Zoning Commission
Agenda Request 24Z
Page 4 of 4
Attachment
Ordinance No. 2000M-14
Nick Finan/COP
07/25/200610:59 AM
To Young Lorfing/COP@ci.pearland.tx.us
cc
bcc
Subject Fw: Garden Road PUO - on tonight's agenda
For your records.
Nick
----- Forwarded by Nick Finan/COP on 07/25/2006 10:59 AM -----
Lata Krishnarao/COP
07/24/200601 :38 PM
To Nick Finan/COP@ci.pearland.tx.us
cc Theresa Grahmann/COP@ci.pearland.tx.us
Subject Fw: Garden Road PUO - on tonight's agenda
Nick,
This PD on tonight's agenda has been withdrawn as per attached note. I am researching the minutes of
the meetings when the original PUD was approved to see what was permitted then. I have indicated to
Mr. Arif that I will get back with him after getting some more information. The Ordinance approving the
original PUD just mentions an SUP for a "church". However looks like documents submitted with his PUD
application and reviewed by the CC and P & Z at that time, did permit other uses such as a community
center, school (not a Jr. High but a Sunday school), one single family residence. Since I was not here
then I will have to rely on minutes and tapes.
Will keep you updated.
Lata Krishnarao, AICP
Planning Director
City of Pearland
(281) 652-1635
----- Forwarded by Lata Krishnarao/COP on 07/24/2006 01 :33 PM -----
~
Mrarif@aol.com
07/24/200601:1 0 PM
To: LKrishnarao@ci.pearland.tx.us
cc: tgrahmann@ci.pearland.tx.us, fah53@ev1.net, Zysf@aol.com
Subject: Re: Fw: Substantial Change in a PO
July 24,2006
City of Pearl and
Planning Department
(281) 652-1636
(281) 652-1702 Fax
email: lkrishnarao@ci.pearland.tx.us
3523 Liberty Drive
Pearland, Texas 77581
Attn: Lata Krishnarao, AICP
~!D. ~ ..IE ~ IE n 'W ~ ~"\
\,.IJr- -.-- \
ir,\\
U U~ JUL 2 5
Re:
Zone Chanl!:e No. 2006-024Z
[Garden Road]
CITY OF PEAR!ym
CITY SECRETARY'S OfFiCE
Dear Ms. Lata:
Based on the current situation of our requested PUD, we have come to a decision to withdraw our
application for being considered on today's agenda at City Council meeting.
However, we are respectfully requesting to the appropriate authority of the City of Pearland to
review our current revised master plan under previously approved Specific use permit as
discussed in detail on our last em ail and provide necessary documents to proceed with building
permits.
Should you have any questions, please do not hesitate to contact me.
Thanks,
Respectfully,
M. R. Arif
President
Architecture + Interiors + Plannin{!
8411 Bellamy Lane
Houston, Texas 77083
Ph. 832722-7091
email: com
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