Ord. 2000M-0057-A 2008-10-30 FAILEDFAILED
October 27, 2008
ORDINANCE NO. 2000M-57-A
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 26.58
ACRES OF LAND, BEING PARTS OF AND THE NORTH HALF OF LOT 44
AND ALL OF LOT 49 OF ZYCHLINSKI'S SUBDIVISION IN THE HT&B RR CO.
SURVEY, SECTION 3, ABSTRACT 232, AND R.B LYLE SURVEY, ABSTRACT
542, IN THE BRAZORIA COUNTY, TEXAS, (GENERALLY LOCATED ON THE
WEST SIDE OF SH 35 (NORTH MAIN STREET), AND ON THE SOUTH SIDE
OF MCHARD ROAD), (ZONE CHANGE APPLICATION NO. 2008-15Z), FROM
LIGHT INDUSTRIAL (M-1) TO GENERAL COMMERCIAL DISTRICT (GC), AT
THE REQUEST OF JUNG H KWAK, APPLICANT FOR MONTALBANO
LUMBER CO. INC, 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, Jung H Kwak, applicant for Montalbano Lumber Co. Inc, 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 22"d day of September, 2008, 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 22"d day of September, 2008, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
ORDINANCE N0.2000M-57
regarding the proposed amendment application by Jung H Kwak, applicant for
Montalbano Lumber Co. Inc, owner, whereby the Commission recommended denial of
the change of classification for the described property from its existing classification of
Light Industrial (M-1) to General Commercial District (GC), 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 Ocotebr 13, 2008; 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 H Kwak, applicant for Montalbano Lumber Co. Inc, 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 Light Industrial (M-1) is
hereby zoned to General Commercial District (GC), such property being more
particularly described as:
Being 26.58 acres of land, being parts of and the North half of Lot 44 and all of
Lot 49 of Zychlinski's Subdivision in the HT&B RR Co. Survey, Section 3,
Abstract 232, and R.B Lyle Survey, Abstract 542, in the Brazoria County, Texas
(Generally located on the West Side of SH 35 (North Main Street), and on the
South Side of McHard Road),
Section 11. 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-57
ORDINANCE NO. 2000M-57
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
2008.
Page 3 of 4
Ord No 2000M-57
ORDINANCE NO.2000M-57
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of
2008.
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-57
Exhibit "A"
Application
Ordinance No. 2000M-57
f'~~~L~4~~~~~ F~~
Current Zoning District:
Proposed Zoning
Property Information:
1 Lt
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
Address or General Location of Property: ~p dt~ /7,/~~ ~ ~o~~~~
fJ 9>P; 7~ ~/T ~ e, r- A I Nil ~ . _ ~ ~ _ ~ ~ ..
Tax Account No. ~ G2~~'C -QD32 'Q~ C~~~ts3 ~ O~~2T~~~~ moo
~4 ~ 2 ~ 2. ~ld- ?7G ~~
Subdivision:- d~ A.
~ Lot: Block:
A Complete ~ Fee {see Zoning Change Fee Schedule)
Application
must include ~ Legal Description and/or Survey of the Property
all of this
information: (~ Letter
Explaining the Zoning Change Request in detail (specify the
existing zoning and why the zone change is being requested, currenf use
of the property, and the ro osed use of the
requested, see PD Format and Guidelines) p~perty'~s
PROPERTY OWNER INFORMATION: /~
VAME ~~r' da4-AyO L.f,( t-O~ ING
4DDRESS ~ ~ ~
CITY D.~STATE~_Z1P-~
'A °N~~[~ ~ ~R -- 4 ~ 1 ~
:-MAIL ADDRESS ~
APPLICANT INFORMATION:
NAME y ~~
ADDRESS ,,~~
CITY~_STATET
__,L__ZIP~Z~t~
PHO E(~f~ ) _
FAX f 1 ~li,/~' ~ ~i('yf+
E-MAIL ADDRESS _~ ~ ' ~ncf
~s owner and applicant, I hereby request approval of the above described quest as provided for
-y the Unified Development Code of the City of Pearland.
ignature: r ,, ~~D~
Dafe:__ / 5'
.gent's Signature: ~ l -7`'
Date: ~ Q
FFI~'G ~ ice n.rr .._
FYI /LJlS~ /~7-.~
Exhibit "B"
Location Map
Ordinance No. 2000M-57
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LOCATION MAP
ZONE CHANGE NO. 2008-15Z
T
NORTH
AFFIDAVIT OF PU BL
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
Sta#e of Texas
Brazoria and Harris Counties
Exhibit "C"
Publications
Ordinance No. 2000M-57
I, Lloyd 1~lorrow, 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:
No. _,/ Date _ ~ ~` 20
,. „ ..No. Date 20
No. Date 20
^ No. Date 20
No. Date 20
-. CFO
Subscribe and sworn to before me this day of
20~
Y~ j~ z
r
~.d. ° '~' ~'~:X~S
~, - ~ ~ ~ ~ ~~ `~ ~ ~ '~'~~~ ~ Laura Ann Emmons, Publisher
Notary Public, State of Texas
Publhh~d SepMrtrber 3
and SapMrnber 10, 2008
NOTICE OF A 'JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COMMIS-
SION OF THE CITY OF
PEARLAND,TEXAS
ZONE CHANGE N0.
2008.152
Notice is hereby given
that on September 22,
2008, at 6:30 p.m., the
Cily Council and Planning
.and Zoning Commission
of the City of Peariand, in
Brazoria, Hams .and Fort
Bend Counties, Texas, will
conduct a joint public.
hearing in the Council
Chambers of City Hall,
located at 3519 Liberty
Drive, Peariand, Texas, on
the request of Jung H
Kwak, applicant for
Montalbano Lumber Co.
Inc, owner, for approval of
a change in zoning district
from classification Light
Industrial (M-1) to General
Commerrtial District (GC),
on the following described
Property, to wit:
26.58 saes of land, being
parts of and the North half
of Lot 44 and all of Lot 49
of Zychlinski's Subdivision
in the HTB~B RR Co.
Survey, Section, :3,
Abstract 23?,,, .and R.B
Lyk Survey, Abstract 542,
in the Brezoria County,
Texas (Generally located
on the West Side of SH 35
(North Main Street), and
on the South Side of
McHard Road.
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard on
~e subject.
Late Krishnareo
Planning Director
AFFIDAVIT OF PUBLICATION
The Pearland 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 / issues, as follows:
No. l
~~ ~~ No.
No.
No.
No.
20
20
20
20
Date ~ /~ 20 ~_
Date
Date
Date
Date
i~~
CFO
Subscribe and sworn to before me this
20~_
~ day of
:- .
s~~~~ ;,~,~,~o~s
~ iexa5 '
- • v1
4 ~/ Ii' (C~'1f('
~: ..~...
`r`~..°/``' ~y ~ ~"~`~~`'~ Laura Ann Emmons, Publisher
Notary Public, State of Texas
~. ~-eP ~ ac~a~- ~ ~~z-
PuWfehed Septrmber 3
end Septerber 10, 2008
NOTICE OF k JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COMMIS
SION OF THE CITY OF
PEARLAND,TEXAS
ZONE CHANGE N0.
2008-15Z
Notice is hereby given
that on September ?2,
2008, at 6:30 p.m., the
City Council and Planning
and Zoning Commission
d the City d Pearland, in
Brazaia, Hants and Fort
Bend Counti8s, 7exe$, will
conduct a Jointpublic
hearing in the Council
Chambers d City Hall,
located at 3519 liberty
Drive, Peerand, Tixras, on
the request d Jump H
Kw~k, appiiwM for
MarlMbmo Lurrrba Co:
Inc, owner, br MpfxovMl d
a change in zoning district
from classlflcatlon Light
Industrial (M-1):to General
Commendal District (GCJ,
on the fogowfng desalted
may, to wlk
28.58 saes d land, being
parts of and the North half
of Lot 44 and all d lot 49
of Zychlinski's Subdivision
in the HT&B RR Co.
Survey, Section 3,
Abstract 232, and R.B
Lyle Survey, Abstract 542,
in the Brazoria County,
Texas (Generally located
on the West Side of SH 35
(North Main StreetJ, and
on the South Side of
McHard Road.
At said hearing, all inter-
ested parties shall have
the :right and opportunity
to appear and be heard on
the subject.
Leta Krishnarao
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000M-57
Planning & Zoning Commission
Recommendation Letter
September 23, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2008-15Z
Honorable Mayor and City Council Members:
At their special meeting of September 22, 2008, the Planning and Zoning Commission
considered the following:
A request of Jung H Kwak, applicant for Montalbano Lumber Co. Inc, owner, for
approval of a change in zoning district from classification Light Industrial (M-1) to
General Commercial District (GC).
LEGAL DESCRIPTION: 26.58 acres of land, being parts of and the North half
of Lot 44 and all of Lot 49 of Zychlinski's Subdivision
in the HT&B RR Co. Survey, Section 3, Abstract 232,
and R.B Lyle Survey, Abstract 542, in the Brazoria
County, Texas
GENERAL LOCATION: Generally located on the West Side of SH 35 (North
Main Street), and on the South Side of McHard Road
Commission Member Jerry Koza made a motion to recommend approval of the zone
change request, which was seconded by Commission Member Ron Capeheart. The
motion failed by a vote of 0 - 6. The zone change request was recommended for denial
by the Planning and Zoning Commission. The Commission discussed the
inappropriateness of the parcel for commercial uses, preservation of industrial land,
undesirable location of hotel next to railroad tracks, need for detailed site plan and list of
uses, etc.
Sincerely,
Lata Krishnarao, AICP, Planning Director
On behalf of the Planning and Zoning Commission
Page 1