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R2024-CUP24-15 2024-08-26RESOLUTION R2024- CUP24-15 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for expansion of a Church use, within the Single-Family Residential-1 (R-1) District, to accommodate an expansion of an existing Church, on approximately 19.934 acres of land, being Lot 1, Block 1, Minor Plat of Catholic Community of St. Luke The Evangelist, a subdivision of 19.934 acres of land in Harris County, Texas, according to the map or plat recorded in County Clerk’s File No. 20130343245 in the Plat records of Harris County, Texas (located at 1750 Riverstone Ranch Drive, Pearland, TX). Conditional Use Permit Application No CUP24-15, for expansion of a Church use, within the Single-Family Residnetial-1 (R-1) District, at the request of Trung Doan & Sheila Rowley, applicant, on behalf of The Archdiocese of Galveston-Houston, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Trung Doan & Sheila Rowley, applicant, on behalf of The Archdiocese of Galveston-Houston, owner, is requesting approval of a Conditional Use Permit (CUP) for expansion of a Church use within the Single-Family Residential-1 (R-1) District, on approximately 19.934 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 5th day of August 2024, 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 reviewed all the information provided and heard the testimony of all those who wished to speak has Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 provided a recommendation letter with input and discussion attached hereto as Exhibit “D”; and WHEREAS, on the 26th day of August 2024, the City Council having fully heard the testimony and argument of all interested parties finds that in the case of the application of Trung Doan & Sheila Rowley, applicant, on behalf of The Archdiocese of Galveston- Houston, owner, is requesting approval of a Conditional Use Permit (CUP) for expansion of a Church 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 expansion of a Church 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: Lot 1, Block 1, Minor Plat of Catholic Community of St. Luke The Evangelist, a subdivision of 19.934 acres of land in Harris County, Texas, according to the map or plat recorded in County Clerk’s File No. 20130343245 in the Plat records of Harris County, Texas. General Location: 1750 Riverstone Ranch 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 Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 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: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 PASSED, APPROVED, and ADOPTED on this day, the 26th day of August 2024. ________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Exhibit “A” Legal Description Lot 1, Block 1, Minor Plat of Catholic Community of St. Luke The Evangelist, a subdivision of 19.934 acres of land in Harris County, Texas, according to the map or plat recorded in County Clerk’s File No. 20130343245 in the Plat records of Harris County, Texas. Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Exhibit “B” Vicinity Map Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Exhibit “C” Notification Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Exhibit “D” Recommendation Letter with Input and Discussion Recommendation Letter with Input and Discussion August 6, 2024 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Conditional Use Permit Application No. CUP 24-15 Honorable Mayor and City Council Members: At their regular meeting on August 5, 2024, the Planning and Zoning Commission considered the following: Public Hearing: A request by Trung Doan & Sheila Rowley, applicant, on behalf of The Archdiocese of Galveston-Houston, owner, for approval of a Conditional Use Permit (CUP) for the expansion of a Church use within the Single-Family Residential-1 (R-1) District, on approximately 19.934 acres of land, to wit: Legal Description: Lot 1, Block 1, Minor Plat of Catholic Community of St. Luke The Evangelist, a subdivision of 19.934 acres of land in Harris County, Texas, according to the map or plat recorded in County Clerk’s File No. 20130343245 in the Plat records of Harris County, Texas. General Location: 1750 Riverstone Ranch Drive, Pearland, Texas. The Planning and Zoning Commission conducted a public hearing for the proposed CUP request at their regular meeting on August 5, 2024. The applicant was present at the meeting to answer Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 any questions. There was no comment from the public. The commission and staff discussed the previous approval for a CUP in 2012. After discussion, the Commission took a motion to recommend approval of the CUP for the expansion of a Church use and the motion passed by a vote of 5-0. The vote by the Commission constitutes a positive recommendation for Council approval. Excerpts from the Minutes of the Planning & Zoning Commission Meeting: Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that the request was to allow for the development of two buildings and additional parking on a property with an existing Church use within the Single-family Residentil-1 (R-1) District. Mr. Bauer discussed that staff have not received public comments in favor or against the request, the history of the property, and the Zoning Board of Adjustment approved the delay of the landscape buffer. Mr. Bauer stated that the CUP met all seven approval criteria of the Unified Development Code (UDC), and staff recommends approval. Applicant, Sheila Rowley of Studio Red Architects at 1320 McGowen Street, Houston, Texas 77004, was in attendance in-person in Council Chambers to answer any questions for the P&Z Commission. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. Vice Chairperson Henrichs stated that the Commission approved the 2012 use for the property and does not pose any problem. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Isenberg read into the record the item on Consideration and Possible Action – Conditional Use Permit Application: CUP 24-15. Vice Chairperson Henrichs made the motion to approve the CUP, and Commissioner Stockdick seconded the motion. Motion passed 5-0. Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7