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Home My WebLink AboutR2023-CUP23-01 2023-03-06RESOLUTION R2023- CUP23-01 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Church, Temple, or Place of Worship use within the Single-Family Residential-1 (R-1) District on approximately 4.99 acres of land, being the west one-half (W ½) of Lot 47, of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T. & B.R.R. CO. Survey 243, Brazoria County, Texas, according to the plat as recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas (located at 2539 Zapalac Road, Pearland, TX). Conditional Use Permit Application No CUP23-01, for Church, Temple, or Place of Worship use within the Single- Family Residential-1 (R-1) District, at the request of Kareem Girgis, applicant, on behalf of St. Catherine of Alexandria Coptic Orthodox Church, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Kareem Girgis, applicant, on behalf of St. Catherine of Alexandria Coptic Orthodox Church, owner, is requesting approval of a Conditional Use Permit (CUP) for Church, Temple, or Place of Worship use within the Single-Family Residential- 1 (R-1) District, on approximately 4.99 acres of land; 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 20th day of February 2023, a public hearing was held before the Planning and Zoning Commission of the City of Pearland, Texas, notice being given by online publication on the City website, a copy of which 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, the Planning and Zoning commission having fully heard the testimony and argument of all interested parties, and having been fully advertised in the premises, finds that in the case of the application of Kareem Girgis, applicant, on behalf of St. DocuSign Envelope ID: 2FF1F313-1DA6-4BE9-B3C7-F76906610774 Catherine of Alexandria Coptic Orthodox Church, owner, for approval of a Conditional Use Permit (CUP) for Church, Temple, or Place of Worship use within the Single-Family Residential-1 (R-1) District; presented which, in the judgment of the Planning and Zoning Commission have provided input and discussion; and WHEREAS, on the 6th day of March 2023, the City Council having fully heard the testimony and argument of all interested parties, and having been fully advertised in the premises, finds that in the case of the application of Kareem Girgis, applicant, on behalf of St. Catherine of Alexandria Coptic Orthodox Church, owner, for approval of a Conditional Use Permit (CUP) for Church, Temple, or Place of Worship use within the Single-Family Residential-1 (R-1) District; presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT RESOLVED 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-1 (R-1) District, is hereby granted a Conditional Use Permit (CUP) for Church, Temple, or Place of Worship use, in accordance with all conditions and requirements of the Unified Development Code approved by the City Council and incorporated for all purposes, such property being more particularly described as: Legal Description: The west one-half (W ½) of Lot 47, of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T. & B.R.R. CO. Survey 243, Brazoria County, Texas, according to the plat as recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. General Location: 2539 Zapalac Road, Pearland, TX. DocuSign Envelope ID: 2FF1F313-1DA6-4BE9-B3C7-F76906610774 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 City Council for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the Resolution 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 Resolution 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 Resolution and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. This Resolution shall become effective after its passage and approval. DocuSign Envelope ID: 2FF1F313-1DA6-4BE9-B3C7-F76906610774 PASSED, APPROVED, and ADOPTED on this day, the 6th day of March 2023. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 2FF1F313-1DA6-4BE9-B3C7-F76906610774 Exhibit “A” Legal Description The west one-half (W ½) of Lot 47, of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T. & B.R.R. CO. Survey 243, Brazoria County, Texas, according to the plat as recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. DocuSign Envelope ID: 2FF1F313-1DA6-4BE9-B3C7-F76906610774 Exhibit “B” Vicinity Map DocuSign Envelope ID: 2FF1F313-1DA6-4BE9-B3C7-F76906610774 DocuSign Envelope ID: 2FF1 F313-1 DA6-4BE9-B3C7-F76906610774 Exhibit "C" Notification CITY OF PEARLAND 3523 Liberty Drive, Pearland, Texas 77581 281.652.1765 FAX: 281.652.1702 www.pearlandtx.gov NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission of the City of Pearland will hold a public hearing on Monday, February 20, 2022, at 6:30 p.m.; and that the City Council of the City of Pearland will hold a public hearing and resolution adoption on Monday, March 6, 2022, at 6:30 p.m., regarding: Conditional Use Permit Application: CUP 23-01 A request by Kareem Girgis, applicant, on behalf of St. Catherine of Alexandria Coptic Orthodox Church, owner, for approval of a Conditional Use Permit (CUP) for Church, Temple, or Place of Worship within the Single - Family Residential -1 (R-1) District, to accommodate the development of a 3,000 -square foot church on approximately 4.99 acres of land; to wit: Legal Description: The west one-half (W Y2) of Lot 47, of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T. & B.R.R. CO. Survey 243, Brazoria County, Texas, according to the plat as recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. General Location: 2539 Zapalac Road, Pearland, TX. Summary: The applicant proposes to develop a 3,000 -square foot church with associated parking on the subject site. The applicant also intends to initially convert the existing main house into office and Sunday school class space. THE PUBLIC HEARING WILL BE HELD IN THE Council Chamber of Pearland City Hall 3519 Liberty Drive, Pearland, Texas You are receiving this notice because appraisal district records indicate that you own property within 200 feet of the subject property identified on the attached map. You are invited to attend the public hearing and voice your support or opposition for the above reference request. If you have comments, please feel free to email them to slowet .pearlandtx.uov or submit a public comment form using the above application number to reference this case. For more information on this request and your involvement in the hearing process, visit our website at www.oearlandtx.00v1i ublic-hearings.