Ord. CUP 17-00018 2017-10-23 Ordinance No. CUP 17-00018
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a Church building to be
located in Single—Family Residential-2 (R-2) zoning district, Being 2.08
acres of land, more or less, being a part of Lot 17 of the L.W. Murdock
Subdivision of the A.C.H. & B. Survey, Section 2, Abstract 507, Brazoria
County, Texas, and being a part of certain called 117.08 acre tract described
in a deed from Elizabeth Alexander Nisbett to R. West Development Co.,
Inc., dated August 30, 1999 and recorded under Clerk's File No. 99-040666,
Official Public Records, Brazoria County, Texas (as a proposed plat).
(Southside of Pearland Parkway across from Oak Ridge Drive,
Pearland, TX.) Conditional Use Permit Application No CUP 17-00018, within
the Single—Family Residential-2 (R-2) zoning district, at the request of Rekha
Engineering represented by Robert A. Marlowe, applicant, on behalf of R
West Development Company, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Rekha Engineering represented by Robert A. Marlowe, applicant, on
behalf of R West Development Company, owner; is requesting approval of a Conditional
Use Permit (CUP) to allow for a Church use on approximately 2.08 acres of land on the
following described property; said property being legally described in the legal
description 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 11th day of September 2017, 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 12th day of September 2017, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit (CUP) to allow for church use on an approximately
2.08 acres of land, 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 regular meetings on the 9th day of October 2017
and the 23rd day of October 2017; 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 Rekha Engineering represented by Robert A. Marlowe, applicant,
on behalf of R West Development Company, owner; for approval of a Conditional Use
Permit on approximately 2.08 acres of land to allow for a Church; 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 being located within the Single—
Family Residential-2 (R-2) zoning district, is hereby granted a Conditional Use Permit
(CUP) to allow for a church, subject to all requirements of the R-2 zoning district, and
the site plan attached hereto and made a part hereof for all purposes as Exhibit "E", in
Page 2 of 11
Ord. No CUP 17-00018
accordance with all conditions and requirements of the current Unified Development
Code and the following conditions approved by the City Council and incorporated for all
purposes, such property being more particularly described as:
Legal Description: Being 2.08 acres of land, more or less, being a part of Lot 17
of the L.W. Murdock Subdivision of the A.C.H. & B. Survey, Section 2, Abstract
507, Brazoria County, Texas, and being a part of certain called 117.08 acre tract
described in a deed from Elizabeth Alexander Nisbett to R. West Development
Co., Inc., dated August 30, 1999 and recorded under Clerk's File No. 99-040666,
Official Public Records, Brazoria County, Texas (as a proposed plat).
General Location: Southside of Pearland Parkway across from Oak Ridge
Drive, Pearland, TX.
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 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
Page 3 of 11
Ord. No CUP 17-00018
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, APPROVED, and ADOPTED on First Reading this 9th day of October,
2017.
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TOM REID
MAYOR
ATTEST:
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JJ j v F N TR C =g` � c�1ifeJN
TY " ' CRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of October, 2017.
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TOM REID
MAYOR
ATTEST: ````‘4�R�N�'�'
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TY CRETARY
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Page 4 of 11
Ord. No CUP 17-00018
Exhibit A
Legal Description
Being 2.08 acres of land, more or less, being a part of Lot 17 of the L.W. Murdock
Subdivision of the A.C.H. & B. Survey, Section 2, Abstract 507, Brazoria County, Texas,
and being a part of certain called 117.08 acre tract described in a deed from Elizabeth
Alexander Nisbett to R. West Development Co., Inc., dated August 30, 1999 and
recorded under Clerk's File No. 99-040666, Official Public Records, Brazoria County,
Texas (as a proposed plat).
Page 5 of 10
Ord. No CUP 17-00018
Exhibit B
Vicinity Map
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Page 6 of 10
Ord. No CUP 17-00018
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 17-00018
Notice is hereby given that on September 11, 2017, 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 hear-
ing in the Training Room of the Public Safety Building located on the second
floor, located at 2555 Cullen Parkway, Pearland, Texas, at the request of Rekha
Engineering represented by Robert A. Marlowe, applicant, on behalf of R West
Development Company represented by Renee L. McGuire, owner: for approval
of a Conditional Use Permit (CUP) to allow for a Church building to be located
in the Single-Family Residential-2 (R-2) zoning district: on approximately 2.08
acres of land, to wit:
Being 2.08 acres of land, more or less, being a part of Lot 17 of the L.W.
Murdock Subdivision of the A.C_H_ & B. Survey, Section 2, Abstract 507.
Brazoria County, Texas, and being a part of certain called 117.08 acre tract
described in a deed from Elizabeth Alexander Nisbett to R. West Development
Co., Inc... dated August 30, 1999 and recorded under Clerk's File No. 99-
040666, Official Public Records, Brazoria County. Texas (as a proposed plat).
General Location: South side of Pearland Parkway across from Oak Ridge
Drive, Pearland, TX.
At said hearing, all interested parties shall have the right and opportunity to
appear and be heard on the subject. For additional information, please contact
the Planning Department at 281-652-1765.
Armon Irones
Planner
Page 7 of 10
Ord. No CUP 17-00018
mot rf 44, AIR - 0591
tib AGENDA REQUEST
af.
A P . 1 BUSINESS OF THE CITY COUNCIL
__
FL r AS CITY OF PEARLAND, TEXAS
est i s9a
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AGENDA OF: Joint Public Hearing - Sep. 11, 2017
DATE SUBMITTED: 17 Aug 2017 DEPT. OF ORIGIN: Planning and Community
Development
PREPARED BY: Armon Irones
SUBJECT: Conditional Use Permit Application No. CUP 17-00018
A request of Rekha Engineering represented by Robert A. Marlowe, applicant, on
behalf of R West Development Company; owner, for approval of a Conditional Use
Permit (CUP) to allow for a Church building to be located in Single—Family
Residential-2 (R-2) zoning district; on approximately 2.08 acres of land.
Legal Description:
Being 2.08 acres of land, more or less, being a part of Lot 17 of the L.W. Murdock
Subdivision of the A.C.H. & B. Survey, Section 2, Abstract 507, Brazoria County,
Texas, and being a part of certain called 117.08 acre tract described in a deed from
Elizabeth Alexander Nisbett to R. West Development Co., Inc., dated August 30, 1999
and recorded under Clerk's File No. 99-040666, Official Public Records, Brazoria
County, Texas (as a proposed plat).
General Location:
Southside of Pearland Parkway across from Oak Ridge Drive, Pearland, TX.
ATTACHMENTS: Aerial Map
Zoning Map
Future Land Use Map
Notification Map
Notification List
Applicant Packet
FUNDING: 0 Grant 0 Developer/Other 0 Cash
❑G.O. Bonds To Be Sold 0 G.O. Bonds-Sold 0 Rev. Bonds to Be Sold
0 Rev. Bonds-Sold 0 C.O.'s To Be Sold 0 C.O.'s-Sold
Page 1 of 19
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2407 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randall S, Emmons, hereby certify that the notice hereby appended
was published in the REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for /
issues as follows:
ii
No. j Date ILA... 3 20 /7
0
No. Date 20
No. Date 20
Ail/ 1 / `
� _l'Ivrwi —
President
Subscribe and sworn to before me this �- day o i� 0/7.
/ 7/ I
f /de A
Laura i nn Emmons, Publisher
Notary Public, State of Texas
.��w1 LAURA ANN EMMONS
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r�¢„.+; NOTARY PUSUC +''
\I-v STATE OF TEXAS
o•,�' My Commission Expires 09-0.,?-20181
Exhibit D
Planning and Zoning Commission Recommendation Letter
BOE pE4#e .
TEX AS
PlanningCommission
&
Recommendation Letter
September 12, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 17-00018
Honorable Mayor and City Council Members:
At their regular meeting on September 11, 2017, the Planning and Zoning Commission
considered the following:
A request of Rekha Engineering represented by Robert A. Marlowe, applicant, on
behalf of R West Development Company, owner, for approval of a Conditional
Use Permit (CUP) to allow for a Church in the Single—Family Residential-2 (R-2)
zoning district; on approximately 2.08 acres of land.
Legal Description: Being 2.08 acres of land, more or less, being a part of Lot 17
of the L.W. Murdock Subdivision of the A.C.H. & B. Survey, Section 2, Abstract
507, Brazoria County, Texas, and being a part of certain called 117.08 acre tract
described in a deed from Elizabeth Alexander Nisbett to R. West Development
Co., Inc., dated August 30, 1999 and recorded under Clerk's File No. 99-040666,
Official Public Records, Brazoria County, Texas (as a proposed plat).
General Location: Southside of Pearland Parkway across from Oak Ridge
Drive, Pearland, TX.
P&Z Vice Chairperson Thomas Dunacan made a motion to recommend approval of
Conditional Use Application No. CUP 17-00018 and P&Z Commissioner Derrell
Isenberg seconded the motion. The motion to recommend approval passed by a vote of
Page 8 of 10
Ord. No CUP 17-00018
5-0. P&Z Chairperson Daniel Tunstall, P&Z Vice ChairpersonIe TmasiDuncafavo , P&Z
Commissioners Mary Starr, David Selsky, and Derrell9 voted
request.
Sincerely,
nerA 4r-ie
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 10
Ord. No CUP 17-00018
Exhibit E
Site Plan and Attachments
site location
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Page 10 of 10
Ord. No CUP 17-00018