Ord. 2000M-0033 2007-06-25 FAILED
FAILED 6/25/2007
ORDINANCE NO. 2000M-33
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 A
4.59 ACRE TRACT, BEING LOT 7A, WHICH IS THE SOUTH ONE-HALF
OF LOT 7 OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION OF SUBURBAN GARDENS, SECTION 19, IN THE H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 243, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST
SIDE OF CULLEN BOULEVARD, AND APPROXIMATELY 500 FEET
NORTH OF HUGHES RANCH ROAD (COUNTY ROAD 403)), (ZONE
CHANGE APPLICATION NO. 2007-05Z), FROM CULLEN MIXED USE
DISTRICT (C-MU) TO GENERAL COMMERCIAL DISTRICT (GC), AT THE
REQUEST OF ONS INVESTMENTS, LLC, APPLICANT FOR HERSH
KUMAR, 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, ONS Investments, LLC, applicant for Hersh Kumar, 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 4th day of June, 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
ORDINANCE NO. 2000M-33
WHEREAS, on the 15th day of June, 2007, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by ONS Investments, LLC, applicant for Hersh
Kumar, owner, whereby the Commission recommended denial of the change of
classification for the described property from its existing classification of Cullen Mixed
Use District (C-MU) to General Commercial District (GC), said recommendation
attached hereto and made a part hereof for all purposes as Exhibit "0"; 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 June 25, 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 ONS Investments, LLC, applicant for Hersh Kumar, 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 Cullen Mixed Use
District (C-MU) is hereby zoned to General Commercial District (GC), such property
being more particularly described as:
4.59 acre tract, being Lot 7 A, which is the South one-half of Lot 7 of the Allison
Richey Gulf Coast Home Company Subdivision of Suburban Gardens, Section
19, in the H.T. & B.R.R. Company Survey, Abstract 243, City of Pearland,
Brazoria County, Texas (Generally Located on the East Side of Cullen
Boulevard, and Approximately 500 Feet North of Hughes Ranch Road (County
Road 403))
Section 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
Page 2 of 4
Ord No 2000M-33
ORDINANCE NO. 2000M-33
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-33
ORDINANCE NO. 2000M-33
PASSED, APPROVED, and ADOPTED on First Reading this
day of
,2007.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of
,2007.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRI N M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-33
Exhibit A
Application
Ordinance No.2000M-33
APP'LICATfON FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3523'Uberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Current Zoning District:
C-Mt./
Gc
Proposed Zoning District:
Property Information:
Add G IL t. fP rt -'1/09 COt-LE/~ DrLlR/AA/:-'
ress or enera oca Ion 0 rope y: ex , ;- C/7 '-ru ~ .L.J
rx 775!l /
Tax Account No. I ~ hLr b 0 - /3/?,c)xe;~ I A C!.tJU/V 7Y
Subdivision:AO~~3 NT ~ /.3/?.R Lot: 7J'?Ae.T 7A Block: /k!..Rc~ 5,oeJ
A Complete
Application
must include
all of this
information:
o
o
o
Legal DeSCription and/or Survey of the Property
Fee (see Zoning Change Fee Schedule)
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 PD is
requested, see PD Format and Guidelines)
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME HGRSH k()l/l1f1,2... NAME {J/ys' //Vvt=-Sr/V113fV'TS L.Ll!!
ADDRESS (' Ot)/V r Y /?.l) . 919 ADDRESS 0( 71) '7 s rGet.-Pl/(S r/oilJ $ ,2).1' .
CITY P€AI?UJ/I/..!:J STATE~ZIP 7T.52-t;t CITY Pe-Ut:,A-"'....D STATE 7;x ZIP 7 75~
PHONE{ ~(l/ ) '11~-5763 PHONE{ 7/.$ .) 0/,56-1755/ o<g/-6~7-7/2-L
,
FAX{ ) FAX( 7/3 ) 6~l;- 99~2
E-MAIL ADDRESS E-MAIL ADDRESS Sf/ I VA L/ ,,/\Ie ~ Y A ;Ir.t)t:J, ("'~/l7
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code of t City of Pearland.
Date: <;/2.yo")
Date: ~i<.sJo7.
/ /
Owner's Signatur~'
Agent's Signatur .
OFFICE USE ONLY:
FEES JJ. '1 rJ c: 00
PAID: It' (7.. IJ -
RECEIPT
NUMBER:
Application
No. B00'7-05
-
\ \
-
-
-
~n
\
-
SUBJECT I
PROPERTY ~
"""
-
-
-
\ I
I \
II~jg
;:::rt\T 1\
r
I- -
t:~
~ 11\.
J:.-
I I \11 \ II 11=
~
~l trz
"I--'~ '--
:..- -
- I-
- >--
LOCATION MAP
Zone Change
No. 2007 -05Z
~
~
~
N
w+e
s
Exhibit B
Location Map
Ordinance No. 2000M-33
~ I
l \ \
L---
-
-
-
L
r-
rl
I
I -t-t I
I
I
o 300 600 Feet
I I I I I I
Map Prepared on May 1, 2007
Exhibit c
AFFIDAVIT OF PUBLICATIONordin;'~~i~~~i~~~oM_33
The Pearland Reporter News
2404 South Park
Pearland, Texas 775-81
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 ci'rculation in Brazoria: Harris
and Galveston Counties, for /. issues, as follows:
' . ..-
Subscribe and sworn to before me this 2.1
201t1-
day of~
"'a~:'Y.1J.;.
rG~~)'\> lAURI\ J,l,NN EMMOtJS
( ~ "'-i. "'\8', ;)",-", :':'?te ofTu,"xas
:II \ ~. J.... ,',U ;;'; '~""'-"_r~"':- ~_ -'c 00 ')( n :~
\":, ./' 'n\' ",.,n'T".':CWl L:xrmes ('J'c,"".Ol J "'I,'
,~~.,.r,.""" n"'\.i'.'>"""'-",,, '=1
~ . ~~l,~f*:""'C;t<~'~'if'~""''Jr.;.~Oi~
;~,..,.",-;,#'.........k,~~
Laura Ann. Emmons, Publisher
Notary Public, State of Texas
~001-D5Z;
~I
Young Lorling, TRMC
City Secretary
Published May 16 and
May 23, 2007
NOTICE OF A JOINT PUB.
L1C HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
ZONE CHANGE NO.
2007-0SZ
Notice is hereby given that
on June 4, 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, Pearland, Texas, on
the request of ONS
Investments, LLC, applicant
for Hersh Kumar, 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 Cullen
Mixed Use District (C-MU)
to General Commercial
District (GC), on the follow.
ing described property, to
wit:
4.59 acre tract, being Lot
7 A, which is the South one-
half of Lot 7 of the Allison
Richey Gulf Coast Home
Company Subdivision of
Suburban Gardens, Section
19, in the H.T. & BRR.
LEGALS
Company Survey, Abstract
243, City of Pearland,
Brazoria County, Texas
(Generally Located on the
East Side of Cullen
Boulevard, and
Approximately 500 Feet
North of Hughes Ranch
Road (County Road 403))
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
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 775-81
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 Ci'rculation in Brazoria; Harris
and ,Galveston Counties, for / issues, as follows: .
Subscribe and sworn'to before me this /7
daYOf.~.
2o()7
. Notary Public, State of Texas
2(5)'1 '.. I I "I, 5'
Published May 16 and
May 23, 2007
NOTICE 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 .OSZ
Notice is hereby given that
on June 4, 2007, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Peartand, 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 ONS
Investments, LLC, applicant
for Hersh Kumar, 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 Cullen
Mixed Use District (C-MU)
to General Commercial
District (GC), on the follow-
ing described property, to
wit:
4.59 acre tract, being Lot
7 A, which is the South one-
half of Lot 7 of the Allison
Richey Gulf Coast Home
Company Subdivision of
Suburban Gardens, Section
19, in the H.T. & B.R.R.
Company Survey, Abstract
243, City of Peartand,
Brazoria County, Texas
(Generally Located on the
East Side of Cullen
Boulevard, and
Approximately 500 Feet
North of Hughes Ranch
Road (County Road 403))
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
Exhibit D
Recommendation Letter From P&Z Commission
Ordinance No. 2000M-33
Planning & Zoning Commission
Recommendation Letter
June 15, 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2007-05Z, a request by ONS
Investments, LLC, applicant for Hersh Kumar, 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 Cullen Mixed Use District (C-MU) to
General Commercial District (GC)
Honorable Mayor and City Council Members:
At their regular meeting of June 4, 2007, the Planning and Zoning Commission
considered the request for a change in zoning district from classification Cullen Mixed
Use District (C-MU) to General Commercial District (GC), on the following property:
Legal Description: 4.59 acre tract, being Lot 7 A, which is the South one-half of Lot 7
of the Allison Richey Gulf Coast Home Company Subdivision of
Suburban Gardens, Section 19, in the H.T. & B.R.R. Company
Survey, Abstract 243, City of Pearland, Brazoria County, Texas
General Location: Generally Located on the East Side of Cullen Boulevard, and
Approximately 500 Feet North of Hughes Ranch Road (County
Road 403)
Commission Member Greiner made a motion to recommend approval of the zone
change request, which was seconded by Commission Member Sherrouse. The motion
to approve failed 0 - 7. The zone change was recommended for denial by the
Page 1 of2
Planning and Zoning Commission. The Commission stated the following as reasons for
the denial of the zone change:
1. The proposed zone change from CMU to GC does not conform to the
Comprehensive Plan designation of "Cullen Mixed Use District" for the subject
property.
2. The GC district allows a wide variety of uses, many of which are not appropriate
along Cullen Boulevard.
3. The Cullen Mixed Use District was specifically created to provide consistency
between the Comprehensive Plan and the Zoning Map, and allowed uses to
exist in harmony with one another along Cullen Boulevard.
4. The proposed zone change places the City in the same position that we were in
prior to the 2004 Comprehensive Plan, in which Cullen Boulevard was a hodge-
podge of various zoning districts and uses, and it undermines the 2004
Comprehensive Plan.
5. Corridor Overlay District standards have not been formulated for Cullen
Boulevard, both on the north and south sides of FM 518, as of yet.
Sincerely,
Planning and Zoning Commission
Page 2 of 2