Ord. 2000M-0036 2007-08-27
ORDINANCE NO. 2000M-36
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 10.00 ACRES OF LAND, ABSTRACT 242, H.T. & B.R.R.
COMPANY SURVEY, TRACT 1A5, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF
OLD CHOCOLATE BAYOU ROAD, AND APPROXIMATELY 1,300 FEET
SOUTH OF FM 518 (BROADWAY STREET)), (ZONE CHANGE
APPLICATION NO. 2007-08Z), FROM GENERAL BUSINESS RETAIL
DISTRICT (GB) AND SINGLE FAMILY RESIDENTIAL - 1 DISTRICT (R-
1) TO GENERAL BUSINESS DISTRICT (GB), AT THE REQUEST OF
DOMODAR BATTU, APPLICANT FOR KUBERA INVESTMENTS
PARTNERSHIP, 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, Domodar Battu, applicant for Kubera Investments Partnership,
owner, filed 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 more graphically depicted in the location map
attached hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 16th day of July, 2007, 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 hereto and made a part hereof for all purposes as
Exhibit "C", 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 July, 2007, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 2000M-36
proposed amendment application by Domodar Battu, applicant for Kubera Investments
Partnership, owner, whereby the Commission recommended approval of the change of
classification for the described property from its existing classification of General
Business Retail District (GB) and Single Family Residential - 1 District (R-1) to General
Business District (GB), said recommendation attached hereto and made a part hereof
for all purposes as Exhibit "D"; 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 13, 2007; 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 Domodar Battu, applicant for Kubera Investments Partnership,
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 General Business
Retail District (GB) and Single Family Residential - 1 District (R-1) is hereby zoned to
General Business District (GB), such property being more particularly described as:
10.00 acres of land, Abstract 242, H.T. & B.R.R. Company Survey, Tract 1A5,
City of Pearland, Brazoria County, Texas (Generally Located on the East Side of
Old Chocolate Bayou Road, and Approximately 1,300 Feet South of FM 518
(Broadway Street))
Section II. The City Council of the City of Pearland finds and determines that
Page 2 of4
Ord No 2000M-36
ORDINANCE NO. 2000M-36
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.
Page 3 of 4
Ord No 2000M-36
ORDINANCE NO. 2000M-36
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
August, 2007.
~omJ f2u
TOM REID
MAYOR
ATTEST:
MC
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
2ih day of August, 2007.
~v;,J fL
TOM REID
MAYOR
ATTEST:
&~RMC
ITY S CRET ARY
APPROVED AS TO FORM:
rD tl--" h . M-
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-36
Exhibit "A"
Application
Ordinance No 2000M-36
City of Pearland
Community Development
3523- Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
WWW.cityofpearland.com
APPLICATION FOR,
A CHANGE IN ZONING
Current Zoning District:
Proposed Zoning District: COMMERCIAL ZONING
GENERAL BUSINESS
Property Information:
Address or General Location of Property: AD 242 H T & B R R I TRACT
10 ACRES
la5
Tax Account No. 0242-0007-150
Subdivision: CR 89 VACANT LAND
Lot:
Block:
A Complete
Application
must include
all of this
information:
xfgx Fee (see Zoning Change Fee Schedule)
x:lli!'X Legal Description and/or Survey of the Property
xex Letter Explaining the Zoning Change Request in detail (specify the
existing zoning and why the zone change is being requested, current use
of the property, and the proposed use of the property; if a PO is
requested, see PO Format and Guidelines)
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME KUBERA INVESTMENTS PARTNERSHIP NAME Mr. DOMODAR BATTU - GENL PARTNER
ADDRESS 54 Stalybridge st ADDRESS 54 Stalybridge Street
CITySugar LAnd STATE~ZIP 77479 CITYSugar LAnd STATE TX ZIP 77479
PHONE' 713 ) 785-4567 PHONE( 713 ) 785-4567
FAX' 713 ) 785-0011 FAX(713 ) 785-0011
E-MAIL ADDRESS E-MAIL ADDRESS
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified DeveloPIlJ ' Code of the City of Pearland.
/)-') ill-
Owner's Signature: ?Lu,d.i0 r/.-)c' [).IJ Date: May 31, 2007
Agent's Signature:
Date:
RECEIVED
BY:
RECEIPT
NUMBER:
Application
No. '7 - 08 Z
Exhibit "B
Location Map
Ordinance No. 2000M-36
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LOCATION MAP
Zone Change
No. 2007 -08Z
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o 200 400 Feet
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Map Prepared on July 2, 2007
Exhibit "0"
P & Z Recommendation Letter
Ordinance No. 2000M-36
Planning & Zoning Commission
Recommendation Letter
July 30, 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2007-08Z, a request by Domodar Battu,
applicant for Kubera Investments Partnership, 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 General Business Retail District (GB) and Single Family
Residential- 1 District (R-1) to General Commercial District (GC)
Honorable Mayor and City Council Members:
At their regular meeting of July 16, 2007, the Planning and Zoning Commission considered the
request for a change in zoning district from classification General Business Retail District (GB)
and Single Family Residential - 1 District (R-1) to General Commercial District (GC), on the
following property:
Legal Description:
10.00 acres of land, Abstract 242, H.T. & B.R.R. Company
Survey, Tract 1A5, City of Pearland, Brazoria County, Texas
General Location:
Generally Located on the East Side of Old Chocolate Bayou
Road, and Approximately 1,300 Feet South of FM 518 (Broadway
Street)
Commission Member Diggs made a motion to recommend approval of the zone change
request, which was seconded by Commission Member Fuertes. The Commission then made a
motion to amend the zone change to a request for a General Business District (GB). The final
motion to approve a GB zoning district passed 4 - O. The zone change to GB was
recommended for approval by the Planning and Zoning Commission.
Sincerely,
Planning and Zoning Commission
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 775-81
State of Texas
Brazoria and Harris Counties
Exhibit "e"
Publications
Ordinance No. 2000M-36
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 .Galve~ton Counties, for '/ issues, as follows: .
.~.
20'?7
Laura Ann. Emmons, Publisher
, Notary Public, State of Texas
-?CJ"'l,of' 2-
~
Baltu, applicant for Kubera
Investments Partnership,
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 General
Business Retail District (GB)
and Single Family
Residential-l District (R-l)
to General Commercial
District (GC), on the follow-
ing described property, to
wit:
l"'uDllsned June 27 and July
4, 2007
NOnCE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2007-082:
Notice is hereby given that
on July 16, 2007, 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 Counal
Chambers of City Hall,
located at 3519 Liberty
Drive, Pearland, Texas, on
the request of Domodar
10.00 acres of land, Abstract
242, H.T. & B.R.R.
Company Survey, Tract
lA5, City of Pearland,
Brazoria County, Texas
(Generally Located on the
East Side of Old Chocolate
Bayou Road, and
Approximately 1,300 Feet
South of FM 518 (Broadway
S t r e e t ) )
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
n..LI!_I. ..
'AFFIDAVIT OF PUBLICATION
The Pearl and Reporter News
2404 South Park
Pearland, Texas 775-81
.. >co ,0'"'"
State of Texas .
Brazoria and Harris Counties
I; Uoyd Morrow, hereby cerl;ify that the notice hereby appended was. published
, in THE REPORTER NEWS, a newspaper of general circulation in Brazoria:' 'Harris'
and ,Galve~ton Counties, for I ' issues, as follows:
.~"
Subscribe ~nd sworn'to before me this S
nn ,Emmons, Publisher
, Notary Public, 'State of Texas
o-POd1 ~ 9;!.
20"07
~.. NN EMMONS
(t,9.1P~ LflU!-ilut l'exas
~ . '.'~ d t'\ ,_:", :....tatCl 0\ !
~f*")'C') NO\,if\1 Pl;Ud.'~.',:J . " ,'^QM-2010H,
. , , E"D~"'f'SUVCV .
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"""":'';--,:-{;",;.:I '\i '...1'_ " ". " "
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Published June 27 and
July 4, 2007
NOTICE OF A JOINT PUB.
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
I
LEGALS
~
ZONE CHANGE NO.
2007-08Z
Notice is hereby given that
on July 16, 2007, 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 Domodar
Ballu, applicant for Kubera
Investments Partnership,
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 General
Business Retail District (GB)
and Single Family
Residential- 1 District (R-1)
to General Commercial
District (GC), on the follow-
ing described property, to
wit:
10.00 acres of land, Abstract
242, H.T. & B.R.R.
Company Survey, Tract
1A5, City of Pear/and,
Brazoria County, Texas
(Generally Located on the
East Side of Old Chocolate
Bayou Road, and
Approximately 1,300 Feet
South of FM 518 (Broadway
S t r e e t ) )
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
Isl Theresa Grahmann
Senior Planner