Ord. 2000M-0069 2010-06-14 Failed FAILED
June 14, 2010
ORDINANCE NO. 2000M -69
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 A TRACT OF LAND APPROXIMATELY
0.9997 ACRE TRACT OUT OF LOT 22 OF THE ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION OF SECTION 20, H.T.
B.R.R. CO. SURVEY, ABSTRACT 506, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 2, PAGE 23 OF THE PLAT OF RECORDS OF BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED AT THE 2201 LINDA LANE,
PEARLAND, TX), (ZONE CHANGE APPLICATION NO. 2010 -01Z),
FROM RESIDENTIAL ESTATE (RE), TO SINGLE FAMILY
RESIDENTIAL -12 (SR -12), AT THE REQUEST OF AJITH NAIR AND
JEEVA AJITH OWNERS, 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, Ajith Nair and Jeeva Ajith owners, filed an application for
amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a
change in the zoning district from Residential Estate (RE) to Single Family Residential
(SR -12) 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 vicinity map attached hereto and made a part hereof for all
purposes as Exhibit "B and
WHEREAS, on the 17 day of May, 2010, 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. 2000M -69
WHEREAS, on the 17 day of May, 2010, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed zone change application by Ajith Nair and Jeeva Ajith owners, whereby the
Commission recommended denial of the change of classification for the described
property from its existing classification of Residential Estate (RE) to Single Family
Residential -12 (SR -12), 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,
City Council considered this application and the recommendation of the Planning and
Zoning Commission at a regular meeting on June 14th, 2010; 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 Ajith Nair and Jeeva Ajith owners, 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 Residential Estate (RE), is
hereby zoned to Single Family Residential -12 (SR -12), in accordance with all conditions
and requirements of the current Unified Development Code and incorporated for all
purposes, such property being more particularly described as:
Page 2 of 4
Ord No 2000M -69
ORDINANCE NO. 2000M -69
Approximately 0.9997 Acre Tract of Land out of Lot 22 of the Allison Richey Gulf
Coast Home Company Subdivision of Section 20, H.T. B.R.R. Co. Survey,
Abstract 506, Brazoria County, Texas, According to the Map or Plat Thereof
Recorded in Volume 2, Page 23 of the Plat of Records of Brazoria County, 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 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.
Page 3 of 4
Ord No 2000M -69
ORDINANCE NO. 2000M -69
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 14 day of June,
2010.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of 2010.
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 -69
Exhibit "A"
Application
Ordinance No 2000M -69
ZONE CHANGE APPLICATION Page 1 of 4 Updated April 2010)
City of Pearland
/AA APPLICATION FOR Community D velop e n t
A CHANGE I N ZONING Pear
(Community land, Texas 77581
281- 652 -1768
281- 652 -1702 fax
www.cityofpearland.com
Current Zoning District:
E
Proposed Zoning District: 2--
Property Information: Lac
P Y Address or General Location of Pro e t �J
C`a 't r1 QY 5- E) c h ey Cts()C gck, ne)& yd c. 4
Tax Account No.
Subdivision: (5 "7� W1Ci9 Lot: 2 Block:
Celb Y 2v
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION: Q �J APPLICANT /AGENT INFORMATION:
NAME N ;P V �E V A 7 �I"� NAME Q rnn e as Ocon eh.
ADDRESS •78 /,a51.) nc PO (wt t�, 7i ADDRESS
CITY PeG?(I nc.I STATE 1Y ZIP 7 75 Y 4. CITY STATE ZIP
PHONE( 7L; LF I'(-I 1 PHONE(
FAX( FAX(
E -MAIL ADDRESS aj L 11'1 k 1ft7 4 t 1 5 e ho tt road t' 7 E -MAIL ADDRESS
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 Devel m- t C.. e C ity of earlan
Owner's Signature: ,W0a j Date: (J /i-S /0
Agent's /Applicant's r
Signature: /WA Date: 00
OFFICE USE ONLY:
I FEES 0 (j DATE RECEIVE I RECEIPT .{i
PAID: a 75 PAID: T1I5(IO i BY: Q. a� �r N iJ. NUMBER: v 2 c Z
Aoolication No. 01,(}
TAX RECEIPT
^r te JF' ii.i:
rr
4F RN
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Certified Owner: Legal Description:
NAIR AJITH KU MAR S AJITH JEEVA A0506 H T Z B R R, TRACT 22D. ACRES 1.00
2758 LAGUNA POINTE DR
PEARLAND TX 77.584 -7857
Parcel Address: HUGHES
Legal Acres; L(N)00
Remit Seq No: 15026422
Receipt Date: 12 3 1 2009
Deposit No: 10000481C Deposit Date: 01.04 2010
Validation No: 900000018513504 Print Date: 1231.2009
Account No: 0506 0002 -200
Operator Code: PEAR
Year Tax Unit Name Tax Value Tax Rate Levy Paid P &1 Atty Paid Total
2009 Rrazoria County 60,980 0.366286 223.36 0.00 0.00 223.36
2009 Special Road Bridge 60,980 0.060000 36.59 0.00 0.00 36.59
2009 Pcarland lsd 60,980 1.419400 865.55 0.00 0.00 865.55
2009 Brazoria Drainage Dist 4 60,980 0.143845 87.72 0.00 0.00 87.72
2009 City Of Pcarland 60,980 0.652600 397.96 0.00 0.00 397.96
51.611.18 S0.00 50.00 51.611.18
Check Number(s): PAYl1ENT TYPE:
2451 Checks: 51.61 I.18
Exemptions on this property:
Total Applied: 51.611.18
Total Tendered:
(for accounts paid on 12/31/2009) S1.611.18
Change Paid: 50.00
ACCOUNT PAID IN FULL
P A\FR:
NAIR AJITH KUMIAR S AJITH JEEVA
2758 LAGUNA POINTE DR
PEARLAND TX 77584 -7857
(979) 864- 1320, (979) 388 -1320, (281) 756 -1320
21.1.1)45
ZONE CHANGE APPLICATION Page 2 of 4 Updated April 2010)
APPLICATION CHECKLIST FOR THE FOLLOWING
Zone Changes
Planned Development Districts (PD)
Application, filled out completely, and signed by the owner of the property to be considered for the
one change or planned development district 9,
Metes and Bounds Description, (Survey, or a Plat of the property that provides or contains the
m s and bounds description).
Parcel map, printed from the City of Pearland website, indicating the location and boundaries of
the subject property.
Letter of Intent, explaining the zone change request in detail and why the zoning is being
requested to be changed, and state the uses being proposed
*Letter of Intent is not required for a PD.
Application fee, as determined below, by cash, check made payable to the City of Pearland, or
credit card (Visa and MasterCard only)
Zero (0) to less than 25 acres:
S 250.00, plus 525.00 per each type of zoning district requested; or
400.00 if requesting a Planned Development (PD)
25 to Tess than 50 acres:
300.00, plus 525.00 per each type of zoning district requested; or
450.00 if requesting a Planned Development (PD)
50 to less than 75 acres:
350.00, plus $25.00 per each type of zoning district requested; or
500.00 if requesting a Planned Development (PD)
75 to less than 100 acres:
400.00, plus 525.00 per each type of zoning district requested; or
550.00 if requesting a Planned Development (PD)
100 acres and above:
450.00, plus 525.00 per each type of zoning district requested; or
S 600.00 if requesting a Planned Development (PD)
For PD's Only: the proposed PD document in electronic form by date of application (either
emailed or on a CD) (see PD Format for guidelines on how to prepare the PD).
,Acknowledgement of the sign to be posted on the property 10 days prior to the public hearing.
Provide evidence or proof that all taxes and obligations have been paid regarding the subject
property.
Nair Jeeva Ajith
-?i Linda Rd,
Pear:and. TX 77584
15. 2010
City, of Pearland
Community Development
$57.3 Liberty Driy, e
Pearland. TX 77581
Dear Sir \ladam:
lrould request for a zone change from RE to SR -12 in our property in the above
mentioned address of 0.9997 acres. This property as compared to all other lots in Linda
Rd 11,1_, wider frontage of 314.30 feet facing Linda Rd and narrow depth of only 108.55
feet. With the specifications of current zoning "RE" and city taking, 20 feet of land will
not pro\ ide enough width to build a cornprehensive house. Hence we are requesting for a
rezoning, to SR which will allow us to build a comprehensive house.
Sincerely,
jith .air
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ZONE CHANGE APPLICATION Page 3 of 4 Updated April 2010)
POSTING OF ZONING NOTIFICATION SIGNS
ON PROPERTY UNDER CONSIDERATION
FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT)
Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP),
or a variance shall be required to erect and maintain a sign(s), to be inspected by the City,
upon the property for which a variance or zoning change has been requested.
Such sign(s) shall be located as follows:
(1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting
street, or as determined by the City.
(2) So as to be clearly visible and readable from the public right -of -way and not
obstructed in any manner.
(3) So as not to create a hazard to traffic on the public rights -of -way abutting the property.
(4) On the subject property at least ten (10) days prior to the hearing of such zoning
change request by the Planning and Zoning Commission, and to remain continuously
on said property until final action by the City Council or withdrawal of the case by the
applicant. Removal of the sign by the applicant prior to a recommendation by the
Planning and Zoning Commission and /or a final decision by the City Council shall
constitute a withdrawal of the request.
(5) The signs shall be as follows:
A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4 feet
At least 2 feet above the ground
Blue or black lettering that is a minimum of 3 inches by 1/2 inch, on a white
background
Message content as follows:
PROPOSED (SPECIFY REQUESTZ
Contact City of Pearland
281 652 -1768
*Signs must be professionally made; handwritten signs are not allowed.
*Signs must be freestanding and cannot be attached to a tree, fence, or
building.
J
Ajith Nair Jeeva Ajith
2201 Linda Rd,
Pearland, TX 77584
April 15, 2010
City of Pearland
Community Development
3523 Liberty Drive
Pearland, TX 77581
Dear Sir/Madam:
The above property measuring 0.9997 acres with 314.30 feet width and 108.55
feet depth is currently zoned as RE. Based on the RE area regulations, we have to leave
40 feet from the front and 25 feet from the back which leaves 43.55 feet depth for
building our house. Currently our house plan has 60 feet depth and 55 feet width.
After evaluating all options and discussions with City of Pearland we found out
that the zoning regulations of SR -12 specifying to leave 25 feet from front and 20 feet
from rear offers 63.55 feet to build which will be optimal for us to build our house. This
zoning will also permit us to build house for our parents next to our house.
Hence we are re. esting for rezoning of the above property from RE to SR -12.
Sincerely, 45r�
L de-
Ajith Nair
I EU- 14-06 ti./E 04124 P11 NEC FUR. SOLERA. 903 433 394100
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A k WALKER T., 'FREESE(
Registered Public Surveyor
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Peariona, US'S 7/568
n341155191
1 40 11 27, 1990
1 Green, Trustee
1N.Ibt•list•f
P.0.1,11. lee•■*,
NOTE: This property does not He within the 100 year flood plain
i i according to the F.E,M.A. Flood Insurance Rate Map for Brazurla
County, Texas, Conum.nIty-Panel No. 4E15458 0030 R. Dated: 6
1 Zone X(C).
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PLAT SHOWING A SURVEY OF A 0.9997 ACRE TRACT OF LAND OUT OF
LOT 22 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVIS-
ION OF SECTION 20, H.T.G13,R.R, CU, SURVEY, ABSTRACT 506, 8RAi0R-,
IA LOWY. TEXAS, ACCORDING TU THE MAP OR PLAT THEREOF RECORDG
IN VJLUmE PACE .3 OF THi PLAT RECORDS OF BRAZUR1A CuUNTf,
TEXAS.
1(i: Cormonwea I th Land Title Co.. GF# 9021673
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Exhibit "B"
Location Map
Ordinance No 2000M -69
1022 1023 1022
1012 0 1023 Z,
?-34 1027 1020 0
1027 1028 1028 1027 r 1031
0 1031 1030 0
1030 0 1031 103 X 1035
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1034 q 3811 3819 3827 3835 73 1039 203T
10.35 p 3815 3823 3831 3839
1038 1043
1039 ANISON OR 2054
1042 3814 3830 3838 1047
1043 3822
1048 3808 3818 3828 3834 3842
1047 3810
1103 2054 2108
1130 4015
1107 2
2102 2101
1111 Y r
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2118 a P 2121
1123 2117 a
1127
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1131
1135
2130 213?
1139 2134
1143 2141
1147 8733
2150
3725 t i 2154
1 �1 Iffi0:141 N
8909
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----7, CRYSTAL LA E CR
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0 3908 3914 3922 3930 3938 4005 4014
m p 1303
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ill 1308
no
2248 1315 1310
2254 1319 L "1a
VICINITY MAP T
ZONE CHANGE APPLICATION NO. 2010 -01Z NORTH
2201 LINDA RD, PEARLAND, TEXAS
AFFIDAVIT OF PU B Exhibit "C"
Publications
Ordinance No 2000M -69
The Pearland Reporter News
2404 South Park
Pear land, Texas 77581
State of Texas
'Brazoria and Harris Counties
1, Lloyd Morrow, hereby certify that the notice her
in THE REPORTER NEWS, a newspaper of eby appended was published
general circulatton in Bra.?oria, Harris
and Galveston Counties, for
issues, as follows;
No. r Date -2/
No 20
Date
20
No
Date
20
No
Date
20
No Date
20
a
.VI/ (1
CFO
Subscribe and sworn to before me this `i
day of -AJ
20't
Notary t'uolic State,. of 12xas
n "2v 4 a f
Laura Ann Em s, Publisher
Notary Public, State of Texas
2)ne, C g-e l0 -U1 Z
Published April 28, 2010
NOTICE OF A JOINT
1 PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM.
MISSION OF THE CITY
OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION
NO. 2010.01Z
Notice is hereby given
that on May 17, 2010, 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 Ajith Nair and
Jeeva Ajith owners, for
approval of a zone
change from Residential
Estate (RE) Zoning
District to Suburban
Residential -12 (SR -12),
on the following de-
scribed property, to wit:
Approximately 0.9997
Acre (Tract of Land out
of Lot 22 of the Allison
Richey Gulf Coast
Home Company Sub-
division of Section 20,
H.T. B.R.R. Co.
Survey, Abstract 506,
Brazoria County, Texas,
According to the Map or
Plat Thereof Recorded
in Volume 2, Page 23 of
the Plat of Records of
Brazoria County, Texas
(Generally located at:
2201 Linda Rd,
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
Senior Planner
Exhibit "D"
P &Z Recommendation Letter
Ordinance No. 2000M -69
Pl anning g& Zoning Commission
Recommendation Letter
May 19, 2010
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2010 -01Z
Honorable Mayor and City Council Members:
At their meeting of May 17, 2010, the Planning and Zoning Commission considered the
following:
Request of Ajith Nair and Jeeva Ajith owners, for approval of a zone change from
Residential Estate (RE) Zoning District to Suburban Residential -12 (SR -12), on
the following described property, to wit:
LEGAL DESCRIPTION: Approximately 0.9997 Acre (Tract of Land out of Lot
22 of the Allison Richey Gulf Coast Home Company Subdivision of Section 20,
H.T. B.R.R. Co. Survey, Abstract 506, Brazoria County, Texas, According to
the Map or Plat Thereof Recorded in Volume 2, Page 23 of the Plat of Records
of Brazoria County. Texas
GENERAL LOCATION: Located at 2201 Linda Lane.
At the regular Planning and Zoning meeting of May 17, 2010, Commissioner
Darrell Diggs made a motion to approve the Zone Change 2010-01Z as
presented by the applicant, and Commissioner Henry Fuertes seconded the
motion. After some discussion the motion was voted on, and the motion failed 0-
5. The Planning and Zoning commission recommended denial of the Zone
Change No. 2010-01Z.
Sincerely,
Angela Gantuah, Senior Planner
On behalf of the Planning and Zoning Commission
Page 1