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RESOLUTION R2020- CUP21-00005
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow 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 1/2) 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, Texas). Conditional Use Permit
Application No CUP21-00005, within the Single-family Residential-1 (R-1)
District, at the request by Scott Short, applicant, on behalf of Robin D. Zapalac,
owner, containing a savings clause, a severability clause, and an effective
date and other provisions related to the subject.
WHEREAS, Scott Short, applicant, on behalf of Robin D. Zapalac, owner, is
requesting approval of a Conditional Use Permit (CUP) for a church within the Single-
family Residential-1 (R-1) District; 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 15th of March, 2021, a Joint Special Meeting was held before
the Planning and Zoning Commission and the City Council 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 City Council having fully heard the testimony and argument of fall
interested parties, and having been fully advertised in the premises, finds that in the case
of the application of Scott Short, applicant, on behalf of Robin D. Zapalac, owner, for
approval of a Conditional Use Permit to allow a church on approximately 4.99 acres of
land; 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 a
church, subject to all requirements of the Single-family Residential-1 (R-1) District, in
accordance with all conditions and requirements of the 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: The west one-half (W 1/2) 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, Texas.
Conditions: The portion of Zapalac Road serving the subject site must be widened
in conjunction with the future development of the subject property to accommodate
the future traffic from the church.
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
i
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 Ordinance 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.
PASSED, APPROVED, and ADOPTED on this the.15th of March 2021.
. KEVIN COLE
MAYOR
ATTEST:
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CRYSTAL ROAN, TRMC, CMC else*
CITY SECRETARY i ` � 7v
DARRIN M. COKER '-
CITY ATTORNEY ,,,
Exhibit A , •
Legal Description
The west one-half (W 1/2) 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.
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Exhibit B
Vicinity Map
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a '�- �� it, #s Zoning &Aerial Map
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., 2539.Zapalac Road
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Exhibit C
Online Notification
CITY OF PEARLAND
3523 Liberty Drive, Pearland,Texas 77581
281.652.1765 FAX:281.652.1702 www.pearlandtx.gov
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND,TEXAS,REGARDING:
Conditional Use Permit Application : CUP 21-00005
A request by Scott Short, applicant, on behalf of Robin D. Zapalac, 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 %) 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,Texas.
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 CONDUCTED VIA
TELEPHONENIDEO CONFERENCE&IN-PERSON
on:
Monday, March 15,2021 at 6:30 P.M.
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 voice your support or opposition for the above referenced request
by submitting comments or requesting to speak remotely. You may submit
comments by email to slowe(a.pearlandtx.gov or submit a request to speak remotely
during the tele-conference.The public will be permitted to offer public comments by
telephone as first priority and in-person as provided by the agenda and as permitted
by the presiding officer during the meeting.All speakers MUST register in advance.
To speak remotely during the meeting,speakers MUST:
• Submit the online registration form found at:
https://pearlandtx.civicweb.net/Portal/MeetinqTypeListaspx.
• Registration must be received no later 12 p.m. on Monday, March 15. Once
the registration form is received, residents will receive either an email or
phone call providing them a telephone number to call on Monday,March 15.
• Speakers must call in at least 30 minutes prior to the start of the meeting in
order to speak, late callers will not be accepted and will not be able to
speak.