R2024-CUP23-01-1 2024-01-09RESOLUTION R2024- CUP23-01-1
A Resolution of the City Council of the City of Pearland, Texas, approving an
extension to R2023- CUP23-01 that allows 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, Texas).
WHEREAS, on the 6th day of March 2023 by Resolution R2023-CUP23-01, City
Council approved a Conditional Use Permit;
WHEREAS, Conditional Use Permits expire if: (1) a building permit for the use
has not been approved within one year of the date of approval of the Conditional Use
Permit; (2) the building permit subsequently expires; (3) the use has been discontinued
for a period exceeding six months; or (4) a termination date attached to the permit has
passed;
WHEREAS, CUP23-01 expires on the 6th day of March 2024, because a building
permit for the use has not been approved within one year of the date of approval of the
Conditional Use Permit;
WHEREAS, Kareem Girgis, applicant, on behalf of St. Catherine of Alexandria
Coptic Orthodox Church, owner, has submitted an application to extend the Conditional
Use Permit and in the judgement of City Council the request for extension should be
granted, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The previously issued Conditional Use Permit for the following
DocuSign Envelope ID: A34F479E-91A9-4679-9B69-D67926EAC65F
described property located within the corporate City Limits of the City of Pearland,
Texas, and presently being located within the General Commercial (GC) District, is
hereby extended to an expiration date of March 6 th, 2025:
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, 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 City
Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the extension of the CUP 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 Resolution and its amendments thereto, shall be and are preserved for the
DocuSign Envelope ID: A34F479E-91A9-4679-9B69-D67926EAC65F
benefit of the City.
Section VI. This Resolution shall become effective after its passage and
approval.
PASSED, APPROVED, and ADOPTED on this the 9th day of January 2024.
_________________________
J. KEVIN COLE
MAYOR
ATTEST:
_______________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: A34F479E-91A9-4679-9B69-D67926EAC65F