Ord. 2000M-0066 2009-09-28ORDINANCE NO. 2000M-66
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 THECLASSIFICATION OF CERTAIN REAL
PROPERTY, APPROXIMATELY 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 (2620
CULLEN PARKWAY, PEARLAND, TX) (ZONE CHANGE APPLICATION
NO. 2009-09Z), FROM CLASSIFICATION CULLEN MIXED-USE (C-MU)
TO GENERAL BUSINESS (GB), ON THE REQUEST OF JUNG KWAK,
APPLICANT AND 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 Kwak, applicant and owner filed an application for a Zone
Change for certain property, 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 17T" day of August, 2009, 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 17'h day of August, 2009, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed Zone Change application by Jung Kwak, applicant and owner,
whereby the Commission recommended approval of the Zone Change Application.
ORDINANCE NO. 2000M-66
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 14th day of September,
2009; 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, applicant and owner, presented which, in the judgment
of the City Council, would justify the approval of said application with the following
conditions; 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 limits of
the City of Pearland, Texas, and presently classified as Cullen Mixed Use (C-MU) Zoning
District, is hereby granted a Zone Change to General Business (GB) Zoning District, in;
such property being more particularly described as:
Approximately 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 (Located at 2620
Cullen Parkway).
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
law have been accomplished. 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
Page 2 of 4
Ord No 2000M-66
ORDINANCE NO. 2000M-66
and decision.
Section III. The City Council of the City of Pearland finds and determines that
the approval herein granted 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. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED and APPROVED on First reading this 14th day of September,
2009.
TOM REID
MAYOR
ATTEST:
,.~'Q~.~.F?Lgy
'~..
Y NG L N C `--~
T SE ETARY ``'`~
Page 3 of 4
Ord No 2000M-66
ORDINANCE NO. 2000M-66
PASSED, APPROVED, and ADOPTED on Second and Final reading this the
28t" day of September, 2009.
C ' r
TOM REID
MAYOR
ATTEST:
~4Q
--
Y l NG L I C '''~
Y SE TARY `"'~~
V
APPROVED AS TO FORM:
.w---- ~ l9~ `~
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-66
Exhibit "A"
Application
Ordinance No. 2000M-66
--,
FF4f d cu~z ~
'~ S~~ri~ ~ ZONE CHANGE APPLICATION Page 1 of 4 Updated Augusl 2008)
~~~~ ~ ~ Z~Q~ City of Pearland
APPLICATION FOR Community Development
T ' : `~_ 3523 Liberty Drive
t~ A ~ if.All (~
A C HA N G E I N ZONING Pear and, Texas 77581
'~'~;r s;-~: ':'° ~ 281-652-1768
'~ 281-652-1702 fax
d.com
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Current Zoning District:- ~ ~~-( (,( '~ ~'~ ~ G~~~~L.I.U
Proposed Zoning District:
Property Information:
n ~
Address or General Location of Property:-- (.~ ~ ~ O-vti ~_~~~ ~; ~La?- I'~ _---
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
APPLICANT INFORMATION:
NAME ~-- NAME - ~. a'~- (j,~
ADDRESS ~- ~ ADDRESS h ~
CITY STATE~ZIP~c~ CITY ~ ~ STATE~_ZIP u
FAX( ) FAX( )
E-MAIL ADDRESS- ~ h ~-~yLt~...,-.,E-MAIL ADDRES ~ t
Csr-, ~,
'Property owner must be the current owner of the property at the time of submittal of the application, and not the party
that has the property under contract.
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code of the City of Pearland.
Owner's Signature: ~ ,_,,~_ (' -' .,.-,_~ ~-- Date: ~- Zj r- ~ ~
Agent's Signature: - l ~) , ,> _._,. ~~____., n~-o. / _ , ,~ ~~
JSE ONLY:
~ r DATE J RECEI E ~ RECEIPT
t ~ I PAID: ~+ • 'Y 3 '~ i BY: ~ i NUMBER: ~ ~ ~ c( .
Aoplication No. q7 UV % - b+l ~
Subdivision:~(~~1 .~~~~Y/ ~~~Lot: ~ Gj Block: ,~~
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JUG ~ `~ ?409
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JUL 0 9 109
' AD = Noo° 10' on";~r 7s2.8o' -- ; ~~~ _~-~~""~°-
(1~ =Found 1" Iron Rod On Line At 57.15'
2 =Sot 1/2" Iron Rai On Lire At 295.14'
.,
Fo~u :.1 .l "
.Iron Roca
7)003/391
t/
2.389 Acres
(Vacant )
(92)1068/457
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57,15' Road Esmt.
C~ ar
(A~ ~I 20' Road ~ Drainage Ditch Esmt. V-117, P-127
- 1.~ t r
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.(7.C. P.0.6.
autheast Corner
Fourrj 1"
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V-1382
P-768
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Yi'M: A Pipeline Easement as recorded in V-1252., P-845, V-1586, P-87.8, V-508, F-231.
-~y-- = 4' Wire Fence
BUYER Jung H. Kwak Fi+~ 86S
(AKA Cullen Boulevard}
DESCRIBED PROPERTY Surface only of 2.389 acres of land out of Lot 59, of the Allison 1
Richey Gulf Coast Hone CcmT.,any SL:k~ci,••i sign of t}?e H _ m , R g_ R . R . CY~ny Si ~rv+ay
N~anb~er 20 (F. B. Drake) , Ahstract Number 506, 8razoria County, 'l~xas, and being
mr.rn .tea.-Fi Hill ail ~~ r7nar~-i hard h~, rr+o}oc ~rv7 }-v~~irv~c~ as att-anc~~i ~
~n
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Ji.~'~d ' ~, 2^09
JUL 0 91(109 f L''iJ `' ZiiC9
Jung H ~wak
16?/ Starfrslr Dr Pearland T.\" 77584
H(~ 13) -k3Ei-1~~UO. (Zi~l) 9Ji-6626
Cell ~ 13-30-k-ZJi~O ~~.r<<~~f :~,~~~ ~ _~'' ~~ i.~.-.~.;~~~
June. 23.OJ
Letter of Intent
Dear mayor, commissioner and consoler.
Cullen hetail Center «-as the permit zone for GB earlier.
Later, the City of Pearland changed that to CiVIU.
This property is for the retail center.
The tenant inside the center ~~-ill change many times for their
different business, and we have to change zones for GB for both
Cullen Detail Center and City of Pearland. ~t~ e can Save time and
money if «-e don't hold a JPH for each time ~t-e change my tenant in
ne«- hL1S111eSSeS.
Thank you very much for your help,
I~ rom o~~ ner of property,
Jung H K~~-ak
Exhibit "B"
Location Map
Ordinance No. 2000M-66
LOCATION MAP
T
ZONE CHANGE NO. 2009-09Z NORTH
LOCATED AT 2620 CULLEN, PEARLAND, TX
Exhibit "D"
P8Z Recommendation Letter
Ordinance No. 2000M-66
Planning & ~Oning Commission
Recommendation Letter
August 24, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2009-09Z
Honorable Mayor and City Council Members:
At their meeting of August 17, 2009, the Planning and Zoning Commission considered
the following:
Request of Jung Kwak, applicant and owner, for approval of a change in zoning
district from the classification of Cullen-Mixed Use (C-MU) to the General
Business (GB) zoning district, on the following described property, to wit:
LEGAL DESCRIPTION: Approximately 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
GENERAL LOCATION: Located at 2620 Cullen Parkway
Commission Member Darrell Diggs made a motion to approve the Conditional
zone change from C-MU to GB zoning district. The motion was seconded by
Commission Member Henry Fuertes. The vote was 7-0 in favor of the zone
change and the motion passed.
Sincerely,
Angela Gantuah, Senior Planner
On behalf of the Planning and Zoning Commission
Page 1
Exhibit "C"
Publications
AFFIDAVIT O F P U B L _ ~, _ . ~ Ordin, nce No. 2000M-66
The Pearland Reporter News
2404 Park Avenue
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. / Date 7 Z9 20
No. Date 20
No. Date 20
No. Date 20
No. Date 20
~~~~;~
CFO
Subscribe and sworn to before me this
20~_ „
~~
~1~RY Pu"(~ LAURA AN
!! Notary P I'
day of
Laura ~n Emmons, Publls
Notary Public, State of Texas
2Une C~L~~,c ~ c~9 - U ~ Z
Published July 29, 2009
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
ZONE CHANGE N0.
2009-09Z
Notice is hereby given
that on August 17, 2009,
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 Jung Kwak,
applicant and owner, for
2 approval of a change in
zoning district from the
classification of Cullen-
Mixed Use (C-MU) to
the General Business
• (GB) zoning district, on
the following described
property, to wit:
Approximately 2.389
acres of land out of Lot
59, of the Allison Richey
Gulf Coast Home com-
pany Subdivision of the
H.T. i~ B.R.R. Company
Survey (Located at 2620
Cullen Parkway).
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Gantuah
Senior Planner