Ord. 2000M-0063 2009-10-26 ORDINANCE NO. 2000M -63
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 2.4051 ACRES OF PROPERTY OUT
OF A 40 ACRE TRACT OF LAND OUT OF THE SOUTHWEST 1 /4 OF
NORTHWEST 1/4 SECTION 17, H.T. B RR CO SURVEY, ABSTRACT
242, BRAZORAI COUNTY TEXAS (8017 FITE ROAD, PEARLAND, TX)
(ZONE CHANGE APPLICATION NO. 2009 -12Z), FROM
CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL -1 (R -1) TO
GENERAL COMMERCIAL (GC), ON THE REQUEST OF NARMIN
PARPIA AND RAJ RAMLAL, APPLICANT, ON BEHALF OF GERALD
OLSON, 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, Narmin Parpia and Raj Ramlal, applicant, on behalf of, Gerald
Olson, 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 21 day of September, 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 21 day of September, 2009, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
ORDINANCE NO. 2000M -63
regarding the proposed Zone Change application by Narmin Parpia and Raj Ramlal,
applicant on behalf of Gerald Olson, owner, whereby the Commission recommended
approval of the zone change of classification for the described property from its existing
classification of Single Family Residential -1 (R -1) to General Commercial (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 12th day of October, 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 Narmin Parpia and Raj Ramlal, applicant on behalf of Gerald Olson
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 limits of
the City of Pearland, Texas, and presently classified as Single Family Residential -1 (R -1)
Zoning District, is hereby granted a Zone Change to General Commercial (GC) Zoning
District, in; such property being more particularly described as:
Approximately 2.4051 acres of property out of a 40 acre tract of land out of the
Southwest 1 /4 of Northwest 1 /4 of Section 17, H.T. B RR Co. Survey, Abstract
242, Brazoria County, Texas. (8017 Fite Road, Pearland, Texas).
Page 2 of 5
Ord No 2000M -63
ORDINANCE NO. 2000M -63
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 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. The City Secretary is hereby directed to cause to be prepared and
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 5
Ord No 2000M -63
ORDINANCE NO. 2000M -63
PASSED, APPROVED, AND ADOPTED ON First Reading this 12 the day of
October, 2009.
TOM REID
MAYOR
ATTEST:
4Q AR 44/ ,s
i� .iii .4......
v.• %1
OUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, AND ADOPTED ON Second Reading this 26 day of
October, 2009.
TOM REID
MAYOR
ATTEST:
,0/
OUNG LORFING, TRMC
CITY SECRETARY 00
CITY
Page 4of5
Ord No 2000M -63
ORDINANCE NO. 2000M -63
APPROVED AS TO FORM:
Li
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 5
Ord No 2000M -63
Exhibit "A"
Application
Ordinance No. 2000M -63
ZONE CHANGE APPLICATION Page 1 of 4 Updated May 2008)
4 City of Pearland
P f Community Development
j J d J i2:3 Liberty Drive
(Community
f`, \III CHANCE
ZO Pc: ilarld, Texas T/581
x 7 281- 652 -1768
4; 23I 352 -1702 fax
www. cityo fp a arlan d. co m
Current Zoning District: R 1
Propo%ed Zoning) flistrirt: Os,- C.,
Property Information:
Address or General Location of Property Cam'/ 7 i 4 i dI ti
1279Z)//),,ii 4 7 7,±) V
Tax Account No. 3 ,5
J
Subdivision: /'pa:2'4) H T BO- R Lot:. 4 Brock: C 9.4t!J
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPEN i V c)bVg itt2 hQi -UNiWA t JUN: At%t%LICAIV r rrur.krit#11IUN:
f
NAMF �i L t�
ADDRESS f -7 G 1A; /t- �f ADDRE !i 9 r�-�i :S f �,1 i/
CITY Cy /1 -L STATE 7 ZIP ://`..5 t CITY /t2' >i- STATE T x ZIP 77,53-'9'
f'I IONb_(a2 6 1 +HS O'0 ti c1:0;_( 4`'1) -2 9
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*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, 1 hereby request approval of the above described request as provided for
by the Unified Develo refit Code of he City of Pearland.
Owner's Si i latute: r� �'L
g tti bate. 40 3 /Z, /0
Agent's Signatur C(. i' ,>X qii Date: n /21 C)
OFFICE USE ONLY: �t
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Application No. l2 1
LETTER OF INTENT FOR ZONING CHANGE
August 24, 2009
This letter is intended to serve as an indication of our interest in Rezoning a +1404766.15
Sq. Ft. (2.4051 acres) of property, generally located in Brazoria County, Texas, and more
particularly described as A0242 H T B R R, TRACT 1A4, and know as 8017 FITE
ROAD, PEARLAND, TX 77581.
We are currently under a contingent contract to purchase this property. Our primary
contingency is upon getting zoning adequate to operate our current business which is the
warehousing, distribution and sale of children products. Our secondary goal is to get this
property rezoned into the General Commercial District so that we would be able to have
options for warehouse expansion in the future.
APPLICANTS: Narmin Parpia Ramlal and Raj Ramlal
CURRENT ADDRESS: 6905 Broadway, St 201, Pearland, TX 77584
CURRENT OWNER: Gerald Olson
CURRENT ADDRESS: P.O. Box 1087, Manvel, TX 77578
PROPERTY ADDRESS: 8017 FITE ROAD, PEARLAND, TX 77581
CURRENT ZONING R -1
DISTRICT:
PROPOSED ZONING GC
DISTRICT:
REASON FOR Our primary goal to get zoning adequate to operate our
REZONING: current business. We understand that we may be able to
move and operate our current Warehousing business under
the current R -1 Zoning District.
Our secondary goal is to get this property rezoned into the
General Commercial District so that we would be able to
have the options applicable for future warehouse expansion.
Yours Truly:
Ra' Ram1.1
Narmin Parpia Ramlal
,n(9t,
Page l of l
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Letter of Acknowledgement
August 24, 2009
RE: Posting of Zoning Notification Sign
We acknowledge that are:
1) We are aware of the fact that a sign: has to be posted on the
property at 8017 Fite Rd, as per the zone change application
2) We will indeed post such a sign 10 days prior to the public hearing
for this property.
Yours truly,
Raj Ramtal
(.4
Narmin Parpia Ramtal
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THE STATE OF TEXAS SCALE:
COUNTY OF 49. 44' This is to certif that 1, W. Sid Cannon, Jr., did cause to be survsefftl •n the ground
the above described property and the above sketch reflects the findines on the ground, and that the insprdeernentx are wholly within
the bounds of said property and there are no encroachments on raid property by improvements on adjoining properties, except u
shown. This certifies only to easements which are shown on Recorded Plat of said Addition.
(en under my hand and Seat this In o f L.. CE b' z:
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Exhibit "B"
Location Map
Ordinance No. 2000M -63
BASSWOOD
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LOCATION MAP
ZONE CHANGE NO. 2009 -12Z NORTH
LOCATED AT 8017 FITE RD., PEARLAND, TX
Exhibit "C'
AFFIDAVIT OF PUBLIC Publications
Ordinance No. 2000M -63
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 Counties, for d
issues, as follows:
No. Date 9 2.
20
'No. Date
20
No. Date
20
No. Date
20
No. Date
20_
3
CFO
day and sworn to before me this T
ay of
20
.w..
a LAi1NA A N N EMMAy4'
4. rc.)tary Public State of Texas
ra Ann Emmons,
�F 4,. I�9y Commission Expires 09 C9 20 Publisher
Notary Public, State of Texas
Ckkpe Afp. o, aooci-ID Z.
PubMed Sapient* 2,
2001
d PalloWM. Mrsisztila
NOS OF A JOINT Harris and Fort Bend
PUBLIC HEARING OF Counties, Texas, will
THE CITY COUNCIL conduct a joint public
AND THE PLANNING hearing In the Council
AND ZONING COM- Chambers Of CKY Hall,
MISSION OF THE CRY located at; 3519 Malty
OF PEARLAND, Drive, Pearland„ Texas,
TEXAS on the request of Narmin
Patpia and Raj Ramie!,
ZONE CHANGE APPLI- applicant for Gerald
CA11ON NO 2009-12Z Olson, owner, for a
change in zoning cfassi-
Notice is her!ety given flcation from Single
that on September 21st, Family Residential -1 (R-
2009, at 6:30 p.m., the 1) to the General
City Council and Commercial (GC)
Planning and Zoning Zoning District, on the
Commission of the City following described
Properly, to wit
Legal Description:
Approximately 2.4051
acres of property out of
a 40 acre tract of land
out of the Southwest 1/4
of Northwest 1/4 of
Section 17, H.T. B RR
Co. Survey, Abstract
242, Brazoria County,
Texas.
Location: 8017 Fite
Pearland, Texas
At said hearing all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Gantuah
Exhibit "D"
P82 Recommendation Letter
Ordinance No. 2000M -63
1 1 P1 annin Zoning ommisslon
Recommendation Letter
September 24, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2009 -12Z
Honorable Mayor and City Council Members:
At their meeting of September 21, 2009, the Planning and Zoning Commission
considered the following:
A request of Narmin Parpia and Raj Ramlal, applicant for Gerald Olson, owner,
for a change in zoning classification from Single Family Residential- 1(R -1) to the
General Commercial (GC) Zoning District, on the following described
property, to wit:
LEGAL DESCRIPTION: Approximately 2.4051 acres of property out of a 40 acre
tract of land out of the Southwest 1 /4 of Northwest 1 /4 of Section 17, H.T. B RR
Co. Survey, Abstract 242, Brazoria County, Texas.
GENERAL LOCATION: Located at 8017 Fite Rd. Pearland, Texas.
Commission Member Ron Capehart made a motion to approve the zone change
from R -1 to GC zoning district. The motion was seconded by Commission
Member Neil West. The vote was 7 -0 in favor of the zone change and the
motion passed. There was some discussion about restricting the uses since
this will be zoned for retail at the subject property, however the Planning and
Zoning Commission did not think it was necessary.
Sincerely,
Angela Gantuah, Senior Planner
On behalf of the Planning and Zoning Commission
Page 1