Ord. 2000CUP-33 2009-10-26 ORDINANCE NO. 2000CUP -33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, ON PLAT FILED FOR RECORD 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, LOCATED AT 8017 FITE ROAD, (CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2009 13), TO PERMIT A WAREHOUSE IN THE
GENERAL COMMERCIAL (GC) ZONING DISTRICT; AT THE REQUEST
OF NARMIN PARPIA AND RAJ RAMLAL, APPLICANT FOR GERALD
OLSON, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED
TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY,
AND WELFARE OF THE CITIZENRY.
WHEREAS, Narmin Parpia and Raj Ramlal, applicants for Gerald Olson, owner,
filed an application for a Conditional Use Permit 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 21st 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
ORDINANCE NO. 2000CUP -33
WHEREAS, on the 21st day of September, 2009, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed Conditional Use Permit application by Narmin Parpia and Raj
Ramlal, applicants for Gerald Olson, owner, whereby the Commission recommended
approval of the Conditional Use Permit with the following conditions:
1. No outside storage shall be permitted.
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 the 26th 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 for 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 General Commercial (GC)
Zoning District, is hereby approved a Conditional Use Permit to allow a warehouse, in;
such property being more particularly described as:
Page 2 of 4
Ord No 2000CUP -33
ORDINANCE NO. 2000CUP -33
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)
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. This Ordinance shall become effective after its passage and
approval on first and only reading.
Section VII. Declaration of Emergency. The Council finds and determines that
the need to regulate land use inures to the benefit of the public and, therefore, bears
directly upon the health, safety, and welfare of the citizenry; and that this Ordinance
shall be adopted as an emergency measure, and that the rule requiring this Ordinance
Page 3 of 4
Ord No 2000CUP -33
ORDINANCE NO. 2000CUP -33
to be read on two (2) separate occasions be hereby waived.
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the 26 day of October, 2009.
TOM REID
MAYOR
ATTEST:
4Q ARL,q; o
,Y /At ._,ii '0/
/UNG/FN/TR
APPROVED AS TO FORM:
e aw: 61-
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP -33
Exhibit "A"
Application
Ordinance No. 2000CUP -33
CUP APPLICATION Page 1 of 4 (Updated May 2009)
City of Pearland
je APPLICATION FOR Community 3523 Liberty Drive
IMAM. (Community Center)
A CONDITIONAL USE Pearland,Texas 77581
3 281- 652 -1768
PERMIT (CUP) 281- 652 -1702 fax
www. ci tyof pearl a nd com
Conditional Use Permit Request for: ta4b2w /VGGrsi./ 6 sik 4,, /y�
(fist proposes from the Table of Uses of the UDC)
Current Zoning District: 'Z..
Property Information:
Address or General Location of Property: 51/ 7 1, b ,Z I n
,di.941), 7Y 776-r/
Tax Account No. /L/'
Subdivision: MI )J Ty 8 4A Lot: i 4 1 Block: y ,5
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME (7 b`-P6 L L) i)/5'4/ NAME •vtv W 4 frA -t-Q� P111i--
ADDRESS �,l' /g 1 ADDR S 0', g2,0, ,V
CITY, 2 4`�9/1/G�- STATE ZIP 77578 CITY z t d STATE ZIP'77
PHONEf(/ 45�'d>v5 PHONE(V(7 ,,i
FAX(r2 L) 4eS 7K' FAX(alr 1) «t 331"
E -MAIL ADORES £'..4 .C .24 f
i t. /p- E -MAIL ADDRESS Jtl��/rl y l I J L h f 4 A O. CD/'1
G o RA-J `n /�Qk e—e/n
'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 Develo ent rode e City of Pearland.
id
Owner's Signature: Date: r, i/
It
Agent's Signature: Ale Zi 1..„ o I u Date d
OFFICE USE ONLY:
FEES ap DATE 1 RECEIVED RECEIPT Q
PAID: O's I PAID: 2 4 b BY: NUMBER: a D 14 O vis
Application No. C. Q Z 1 3
-7! -r-L, o= a 43 c=
1 / 4 c.f : crzhwest 1 . 4 .Lf : 7 , E . Cc . Surv-2, ,
Erazoria des .-2t- bed 7.ezes and
• bcy.a:- s as follows :
Starting at the center p71nc of 531:71 Norzh-,esu 1/4 of said
Section No. 17 , same being Ncrcheast ccrner of said 43 acre
THENCE South a distanne cf for corner;
THENCE North 29 deg . .5=. min . 12 J: stance cf 265 ' tc a
point for ccrner , same of
THENCE South a distance of 660 ' tc a rs: in% for 2oner;
N-.7,:-th 29 deg . 53r . sec . 7 ] ,- n County Pr-a No. 9i
of 165 tc a e--*-)r for
Nor:h a distance or 660 ' to corner;
. .
. iii7.NCE South 89 deg . 53 min . 12 sec . Est a distance of 1t5 ' to a
Lnt for corner, same being the PLCECF F:,',17,3TNNING, and contA4ninc
2 . 5 acres of land, more or less .
•
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LETTER OF I NTENT FOR ZONING C IIAN ,E
August 24. 2009
This letter is intended to sere as an indication of our interest in Rezoning a T/- 1$4766.15
Sq. Ft. (2.4051 acres) of property, generally located in Br:,oria County, Texas, and more
particularly described as A0242 H T 8 12 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 Ramtal
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:
REZONING:
FOR Our primary goal to get zoning adequate to operate our
KEZONING: current business. We understand that we may be able to
mope and operate our current Warehousing business under
the current R -1 Zoning District.
Our secondary goal is t;p get this property rezoned into the
General Commercial District so that we would be able to
have the options applicable for future warehouse expansion.
DA
Raj Ra nl tl
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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 sigr has to be posted on the
property at 8017 Fite Rd, as per the zone change application
2) We will indeed pos such a sign 10 days prior to the public hearing
for this property.
Yours truly,
Raj RamIaI
Na�min ?arpia- Ramlal
Sr_
BOUND ,1 R Y
ACRE E
.AC
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CONSTR UCTION
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Exhibit "B"
Location Map
Ordinance No. 2000CUP -33
BASSYA;)00
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LOCATION MAP
CONDITIONAL USE PERMIT NO. 2009 -13 NORTH
LOCATED AT 8017 FITE RD., PEARLAND, TX
Exhibit "C"
AFFIDAVIT OF Publication
Ordinance No. 2000CUP -33
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, 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
20 e
''No. Date
20
No. Date
20
No. Date
20
No. Date
20
CFO
Subscribe and sworn to before me this
day of
ccooco 20_
st°ar 0•4•44r. -fig !A As
LAURA ANN R Er
KY „y 511Jf1Pi [9 �d G0. �r�f�i
otary Punk `d State of
t l e
s: iy s,omriission Expires oslr drt; Ann Emmons Publisher
Notary Public, State of Texas
CUT a-W9- 15
Publehsd September 2,
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND 2XRiING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
CONDITIONAL USE
APPLICATION NO.
2009 -13
Notice is hereby given
that on September 21st,
2009, at 6:30 p.m., the
City Council and
Planning and Zoning
Commission of the City
of Pearland, 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, Pearland, Texas,
on the request of Narmin
Parpla and Raj Ramlal,
applicant for Gerald
Olson, owner, for a'con-
ditional use permit to
allow a warehouse in 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. 8 B RR
Co. Survey, Abstract
242, Brazoria County,
Texas.
Location: 8017 Fite
Pearland, Texas
At said hearing aN Inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Gartuah
Senior Planner
Exhibit "D"
P82 Recommendation Letter
Ordinance No. 2000CUP -33
1 1 Pl aoning ommisslon
Recommendation Letter
September 24, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2009 -13
Honorable Mayor and City Council Members:
At their meeting of September 21, 2009, the Planning and Zoning Commission
considered the following:
Request of Narmin Parpia and Raj Ramlal, applicant sfor Gerald Olson, owner,
for approval of a Conditional Use Permit to permit a warehouse, in General
Commercial (GC) District, on the following described property:
LEGAL DESCRIPTION: Approximately 2.4051 acres of property out of a 40 acre
tract of land out of the Southwest %4 of Northwest 1 /4 of Section 17, H.T. B RR
Co. Survey, Abstract 242, Brazoria County, Texas
GENERAL LOCATION: 8017 Fite Road, Pearland, TX.
At the Planning and Zoning Commission meeting of August 17, 2009, Vice Chair
Charles Gooden Jr. made a motion to approve the CUP, and Commissioner Darrell
Diggs seconded the motion. The vote was 7 -0 in favor of approval of the CUP to allow a
warehouse in the GC Zoning District with the following condition:
1) No outside storage shall be permitted.
Sincerely,
Angela Gantuah, Senior Planner
On behalf of the Planning and Zoning Commission
Page 1