Ord. 509-699 03-22-04ORDINANCE NO. 509-699
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING
4.9266 ACRES, SITUATED IN LOT 52 OF THE ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION, SECTION 20, OF THE H.T. &
B.R.R. COMPANY SURVEY, ABSTRACT 506, BRAZORIA COUNTY,
TEXAS (LOCATED AT THE NORTHWEST CORNER OF CULLEN
BOULEVARD AND COUNTY ROAD 403 (HUGHES RANCH ROAD))
(APPLICATION NO. 1141) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT
THE REQUEST OF TOM KUNTHARA, AGENT FOR HOUSTON
BUSINESS INVESTMENTS, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Tom Kunthara, Agent for Houston Business Investments, Owner,
filed on December 9, 2003, an application for amendment pursuant to Section 28 of
Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for
approval of a change in the land use as provided for in said Section 28, 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 16th of February, 2004, 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 28.3 and 28.4 of Ordinance No. 509; and
WHEREAS, on the 23rd day of February, 2004, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by, Tom Kunthara, Agent for Houston
1
ORDINANCE NO. 509-699
Business Investments, Owner, whereby the Commission recommended to approve a
change of classification for the property described in Exhibit "A" from its existing
classification of Suburban Development District (SD) to General Business (GB); 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 March 8, 2004; 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 Tom Kunthara, Agent for Houston Business Investments, 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:
I.
The following described property located within the corporate City limits of the
City of Pearland, Texas, and presently classified as Suburban Development District
(SD) is hereby for all purposes changed and reclassified as General Business (GB),
such property being more particularly described as:
4.9266 acres, situated in Lot 52 of the Allison Richey Gulf coast Home
Company Subdivision, Section 20, of the H.T. & B.R.R. Company Survey,
Abstract 506, Brazoria County, Texas (Located at the Northwest Corner of
Cullen Boulevard and County Road 403 (Hughes Ranch Road)).
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 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
2
ORDINANCE NO. 509-699
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.
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.
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.
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.
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to
the official Land Use District Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509 and consistent with the approval herein granted for the
reclassification of the herein above described property.
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
3
ORDINANCE NO. 509-699
PASSED, APPROVED, and ADOPTED on First Reading this 8th day of
March , 2004.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
d day of
ATTEST:
YO� G LO
CI SEC '4 TARY
March , 2004.
fetrili;D
MAYOR
,,O,
4
ORDINANCE NO. 509-699
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
12/04/2003 04:19 2813730252
Appraisal ConTracr Services 28182262E2
DEC-004003 04:MO FROI4-REtIWX HERITAGE
MINIMART
12/04/0S 04:12P P.001
231-205•73TD 1-014 p.0)2/002 F•500
PAGE 01
APPLICATION FOR
A CHANGE IN ZONING
M Cheek one:
JE Change In Zoning Classification from
0 Speclf c Use 'Permit Request for :
tiiri strrentzoning)
to:
City of Pearland
community Devebpment
3519 Liberty Drive
Pearland,'Texas 71s581
201-852-1539
281-852-1702 fa
www.oi.pearlonmetus
6 131
pot propospA WW2)
tlict proposed tad
Property Intormadon:
Address;, C E I ( S
Suoawislotn A O S06 - i-iro t3 'R (012- tT� _Block
Tax I.D. Number, — 3 z 9 1
" For unplatled propety, attach a copy of the metes and bounds description'•
Current use of property
(type of structures on property) ‘0.+ k a
Proposed use of properly:
PROPERTY OWNER INFORMATION:
NAM 6f4) iV -f We*
ADDEZE 2-3210 210 •
ORY Arm STAT(? P '7742e
PHoNe If) "37-3 _O -.0
FAX( j
SNAIL ADDRESS
PUCANTIIAGENI• INFORMATION:
TO rr) v \ o-
ADDRESS 4.6 7s- 5,w wo—tip(
C17Y gtkiss4 /A STATE T 7l ZIP 7, 9
PHONELfai) 3 1 3 4 Z
FAX "2
EMAIL ADDRESS e.kkntex YA. e
PETITION: As cwner/agent, I hereby petition the City of Pealrtand for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland.
terrify to the best of my knowledge that this is a true description of the property upon which I have
requested she chow; chocked : - n. I understand that l am fully responskbte for the correctness of the
i
Owner's Signature;
Agent's Signature:
OFFICE UM ONLY:
PAID: r15 00
Date: I z- • %.3 O3
Dater,./ 2) /O
DATE PAID: alq/os
RECEIVED BY; / APPLICATION NO._ /
tell description given.
IBM
1
ii
i
Mil IIIImillim
rumen..
1
1v • 0
11111111111.
II HIM 11111111 A
iiiiiiiiiiiiiiiiiimmilrell
um um ....
......, ..... lopr A
am zogimo
mill MI
!WI
limill
is
111111001M11611
7e1 • 1�
ommill
•■ _a■� 1I/I�
■ .. �w �■.■ .MI 11111111 MON NM IN
MI 'EMI 'MIMI INIIII -MI
MI SIMI ASPINI! rail MI
F-919 \ \ \
.
.1111
Poem=
mom
LOCATION MAP
Zone Change Application No. 1141
Owner: Houston Business Investments/Tom Kunthara
Northwest Corner of CR 403 and Cullen Boulevard
(SD - GB)
W+E
0 200 400 Feet
Dill I
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. 1 Date /' ,22 20 #
No Date 20
No Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me thi
200 _
aura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 28 & Feb. 4,
2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY.
OF_PEARLAND,TEXAS
APPLICATION NO. 1141
Notice is hereby given that on
February 16, 2004, 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 Halt, 3519
Liberty Drive, Pearland,
Texas, on the request of Tom
Kunthara, applicant for
Houston . Business
Investments, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
classification Suburban
Development District (SD) to
General Business District
(GB), on the following
described property, to wit:
A 4.9266 acre tract of land,
situated in Lot 52 of the
Allison Richey Gulf Coast
Home Company Subdivision,
Section 20, of the H.T.-&
B.R.R. Company Survey,
Abstract 506, Brazoria
County, Texas, according to
the Map of Plat thereof
recorded in Volume 2, Pages
23.24, of the Plat. Records,
Brazoria County, Texas, and
being out of a called 19.9964
acre tract described in a deed
dated 06-18-2001, from
Leonard Rauch, et al, to
Houston Business
Investments, Inc., as filed in
ttte Official Records of Real
Property of Brazoria County
Clerk's Fite Number 01
028823; said 4.9266 acre
tract of land being more par-
ticularly described by metes
and bounds as follows:
BEGINNING at a PK Nail
found rgaritfng. a Southeast
corner of the tract herein
described,` -same being the
corner
52. and _being at t
tion of Hughes Ranch#Road,
AKA: County OaEt34o.408
(wed on a 5O:right-r
way) with Cullen Boulevard
(based on a 100 foot right -of -
Way);
THENCE North 89 degrees
51 minutes 43 seconds West,
along the centerline of said
Hughes Ranch_ Road, a dis-
tance• of 410.03 feet to a .PK
Nail found marking the
Southwest corner of the tract
herein described,
THENCE North, along the
West property line of the tract
herein described, at 48.69
feet pass a 5/8 inch capped
iron rod (C.L. David, R.P.L.S.
4464), continuing for a total
distance of 522.87 feet to a
5/8 inch. capped iron. rod (C.L.
David, R.P.L.S. 4464) found
marking the Northwest corner
of the tract herein described;
THENCE North 89 degrees
59 minutes 40 seconds East,
along the North property line
of the tract herein described,
a distance of 410.03 feet to a
PK Nail found marking the
Northeast corner of the tract
herein described;
THENCE South, along the
East property line of the tract
herein described, being the
Centerline of, said Cullen
Boulevard, a distance of
523,90 feet to the PLACE OF
BEGINNING and containing
4.9266 acres of land, more or
less.
(Located at the Northwest
Corner of Cullen Boulevard
and County Road 403
(Hughes Ranch Road)
At said hearing all interested.
imies shall have the right,,
portunity to appear and
be heard on the subject.
's/ Theresa Grahmann
Manner I
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
certifythat the notice hereby appended was published
I, Randy Emmons, hereby er of general
Brazoria and Harris Counties in THE REPORTER NEWS, a newspap asgeno al
in issues,
circulation in Brazoria, Harris & Galveston Counties, for
No.
Date J-10
No. Date
No. Date
No. Date
No. Date
Subscribe and sworn to before me this
•
•
•
•
•
••
• • • • 0 ....-• ... 1 ....... A 0 • •
•
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
•
•
20
20
20
20
20
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Jan. 28 & Feb. 4,
2004
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
APPLICATION NO. 1141
Notice is hereby given that on
February 16, 2004, 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, 3519
Liberty Drive,'Pearland;`
Texas, on the request of Tom
Kunthara, applicant for
Houston Business
Investments, owner, for an
amendment to the Land Use
and Urban Development
Ordinance of said City from
classification Suburban
Development District (SD) to
General Business District
(GB), on the following
described property, to wit:
A 4.9266 acre tract of land,
situated in Lot 52 of the
Allison Richey Gulf Coast
Home Company Subdivision,
Section 20, of the H.T. &
B.R.R. Company Survey,
Abstract 506, Brazoria
County, Texas, according to
the Map of Plat thereof
recorded in Volume 2, Pages
23-24, of the Plat Records,
Brazoria County, Texas, and
being out of a called 19.9964
acre tract described in a deed
dated 06-18-2001, from
Leonard Rauch, et al, to
Houston Business
Investments, Inc., as filed in
the-Official-Reeerds-ef Real
Property of Brazoria County in
Clerk's File Number 01-
028823; said 4.9266 acre
tract of land being more par-
ticularly described by metes
and bounds as follows:
BEGINNING at a PK Nail
found marking the Southeast
corner of the tract herein
described, same being the
Southeast corner of said Lot
52 and being at the intersec-
tion of Hughes Ranch Road,
A.K.A. County Road No. 403
(based on a 50 foot right-of-
way) with Cullen Boulevard
(based on a 100 foot right-of-
way);
THENCE North 89 degrees
51 minutes 43 seconds West,
along the centerline of said
Hughes Ranch Road, a dis-
tance of 410.03 feet to a PK
Nail found marking the
•
Southwest corner of the tract
hereindescribed,
THENCE North, along the
West property line of the tract
herein described, at 48.69
feet pass a 5/8 inch capped
iron rod (C.L. David, R.P.L.S.
4464), continuing for a total
distance of 522.87 feet to a
5/8 inch capped iron rod (C.L.
David, R.P.L.S. 4464) found
marking the Northwest corner
of the tract herein described;
THENCE North 89 degrees
59 minutes 40 seconds East,
along the North property line
of the tract herein described,
a distance of 410.03 feet to a
PK Nail found marking the
Northeast corner of the tract
herein described;
THENCE South, along the
East property line of the tract
herein described, being the
Centerline of said Cullen
Boulevard, a distance of
523.90 feet to the PLACE OF
BEGINNING and;conjainin
49266 acres of land more '
Tess.
(Located at the Northwest
Corner' of CullenBoulevard
and. County Road 403
(Hughes Ranch Road)
At said hearing all interested
parties shall have the right
and opportunity to appear and
be heard on the subject.
/s/ Theresa Grahmann
Planner
February 23, 2004
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1141
Honorable Mayor and Council Members:
Request for an amendment to the Land Use and Urban Development Ordinance of said City from
classification Suburban Development District (SD) to General Business District (GB) on the following
described property, to wit:
Legal Description: 4.9266 acres, situated in Lot 52 of the Allison Richey Gulf Coast Home Company
Subdivision, Section 20, of the H.T. & B.R.R. Company Survey, Abstract 506, Brazoria County, Texas
(Located at the Northwest Corner of Cullen Boulevard and County Road 403 (Hughes Ranch Road))
At a regular meeting held on February 16, 2004, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Linda Cowles made a motion to forward Zone Change Application No. 1141 to City
Council for approval with a second made by Vice -Chairperson Sheryl Greiner.
Motion to approve passed 6-0
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Owner: Houston Business Investments Applicant: Tom Kunthara
23240 Highway 290 4675 Sweetwater
Cypress, Texas 77429 Sugarland, Texas 77479
Page 1 of 1