Ord. 509-635 02-24-03ORDINANCE NO. 509-635
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR
THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR A CHURCH, ON
THE FOLLOWING PROPERTY, BEING 20 ACRES, CONSISTING OF LOTS 4
AND 20 OF THE ALLISON-RICHEY GULF COAST COMPANY SUBDIVISION,
SECTION 19, H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 243,
ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 2, PAGE 23,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (1865 CULLEN
BOULEVARD)(APPLICATION NO. 1077)(SPECIFIC USE NO. 121)FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE
LOT SINGLE FAMILY DWELLING DISTRICT -SPECIFIC USE (R-E(S)) AT THE
REQUEST OF THOMAS L. MURRAY, AGENT FOR SILVERLAKE CHURCH,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Thomas L. Murray, Agent for Silverlake Church, Owner, filed on November
8, 2002, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land
Use and Urban Development Ordinance of the City, for approval of a change in the land use
as provided for in said Section 28, said property being legally described in the original
applications for amendment attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and;
WHEREAS, on the 20th of December, 2003, 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 thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice
being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and;
WHEREAS, on the 28' day of January, 2003, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the proposed
amendment application by, Thomas L. Murray, Agent for Silverlake Church, Owner, whereby
the Commission recommended and approved a change of classification for the property
1
ORDINANCE NO. 509-635
described in Exhibit "A" from its existing classification of Suburban Development District (SD)
to Estate Lot Single family Dwelling District - Specific Use (R-E(S)); and;
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and the recommendation of the Planning and Zoning
Commission, at a regular meeting on February 10, 2003, 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 Thomas L. Murray, Agent for Silverlake Church, Owner, presented which, in the
judgment of the City Council, would justify the approval of said application, it is therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I .
The following described property located within the corporate City limits of the City of
Pearland, Texas, and presently classified as Suburban Development District (SD) to is hereby
for all purposes changed and reclassified as to Estate Lot Single family Dwelling District -
Specific Use (R-E(S)); for a church such property being more particularly described as:
20 acres, consisting of Lots 4 and 20 of the Allison -Richey Gulf Coast Company
Subdivision, Section 19, H.T.& B.R.R. Company Survey, Abstract 243, according to the
map or plat recorded in Volume 2, Page 23, Plat Records of Brazoria County, Texas
(1865 Cullen Boulevard)
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
2
ORDINANCE NO. 509-635
and presentation of this matter to the Planning and Zoning Commission and to the City Council
for consideration and decision.
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.
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.
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.
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to the
official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance
No. 509, and consistent with the approval herein granted for the reclassification of the herein
above described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-635
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
February , 2003.
am) -1)F-1/40
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th day
of February , 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
4
(----=m_N7k/aV
TOM REID
MAYOR
APPLICATION FOR
A CHANGE IN ZONING
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
Please check one:
Change in Zoning Classification from: ° to: L—
(list current zoning) (list proposed zoning)
(If Specific Use Permit Request for :
(list proposed use)
Property Information: p
Address: /I(D5 //e ,8/vet. r9/ aC �` 'r 5 7/7age}
Subdivision: !�/f>kn -&d e auffs ecaSD 6, Lot: 44 a.J o? o Block: Se,c,:ecsi /Q
Tax I.D. Number: 76 — 04475/ 90
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property n
(type of structures on property): % � cv c
Proposed use of property: C., h u rot,,
PROPERTY OWNER INFORMATION:
NAME 5 i I v er I ONLY rc-in
ADDRESS :�5/'7 &' g%'orais;tcl-
CITY pce,.ria.i&J STATE i )C, ZIP %7 `75"FS i
PHONE( 1 ) q 9 % (o0 (c
FAX( A (I ) 9 q
E-MAIL ADDRESS K�c inc 4ev ci 1) ()3 rvtsn (141
APPLICANT/AGENT INFORMATION:
NAME it /Lc' 444S 'L-_ M vee rti
ADDRESS 7¢0o
CITY#(.(50-dt/ ej STATE � ZIP 774g9
PHONE( 7/3 . ) -S 57 --
FAX( 007) 3S= (6,0
E-MAIL ADDRESS L,14" 2335/ ®/fa/•C 41
PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described
request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I
certify to the best of my knowledge that this is a true description of the property upon which I have
requested the above checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signatur- 1 ate: f ( 7 v 6.
Agent's Signatur //l ip _ - — Date: //'--
OFFICE USE ONLY: C1��1
FEES PAID: ` _.�-
DATE PAID: / / e/C a
RECEIVED BY: APPLICATION NO. /Q71 'F 5UA rD I
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Zone Change Application No. 1077 and
Specific Use Application No. 121
Silverlake Church/Thomas L. Murray
1865 Cullen Boulevard
(SD - R-E(S))
January 28, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1077 AND SPECIFIC USE APPLICATION NO.121
Request of Thomas Murray, agent for Silverlake Church, owner for an amendment to the
Land Use and Urban Development Ordinance of said City from classification Suburban
Development District (SD) to Estate Lot Single Family Dwelling District— Specific Use (R E(S)),
for a church, on the following described property, to wit:
20 acres, consisting of Lots 4 and 20 of the Allison -Richey Gulf Coast Company Subdivision, Section
19, H.T.& B.R.R. Company Survey, Abstract 243, according to the map or plat recorded in Volume 2,
Page 23, Plat Records of Brazoria County, Texas (1865 Cullen Boulevard)
Honorable Mayor and Council Members:
At a regular meeting held on January 20, 2003 immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Don Sederdahl made a motion to forward Zoning Application No. 1077 and Specific
Use Application No. 121 to City Council for approval with a second made by Chairman Todd Iocco.
Motion to approve failed 4 to 2.
"Aye" — Todd Iocco and Don Sederdahl
"No" - Ray Bacon, Sheryl Greiner, Russ Selemon, Ruby Sandars
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Silverlake Church
5517 West Broadway Street
Pearland, Texas 77581
Thomas L. Murray
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
tate of Texas
razoria and Harris Counties
Randy Emmons, hereby cdrtify that the notice hereby appended was published
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
~culation in Brazoria, Harris & Galveston Counties, for / issues;: as follows:
No. ` Date / — / 20 b 3
No Date 20
No Date 20
No. Date 20
No. Date 20
)scribe and sworn to before me this
03
LAURA ANN EMMONS NotaryState Public, of texas
• 'r.,,.E*' Commission Expires 09
• • ....-Q9-2006 ;
.........................
A/nap-
President
day of '� g,Z,
Laura Ann Emmons, Publisher
Notary Public. State of TRYAA
Public Hearing - Application No. 1077
Specific Use No. 121
Published 01/01 & 08/03
Published Jan. 1 & 8, 2003
NOTICE ;QF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL. AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 20th day of January,
2003, at 6:30 p.m., the City
Council and Planning and
Zoning Commission .of the
City of Pearland, Brazoria,
Harris and Fort Bend
Counties, Texas, will conduct
a joint public hearing In the
Council Chambers of City
Hall, 3519, Liberty Drive,
Peariand, Texas, on the
request of Thomas L. Murray,
agent for Silverlake Church,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
saki City from Classification
Suburban Development
District (SD) to Estate Lot
Single Family ` Dwelling
District • Specific Use (R•
E(S), for a church, on the :fol•
lowing described property, to
wit
20 acres, consisting of Lots 4
and 20 .of the Allison -Richey
Gulf Coast Company
Subdivision, Section 19,
H.T.&$.R.R. Company
Survey, Abstract 243, weird-
ly to the map or plat rrd•
ed In -Volume 2, Pagelkillat
Records:ofBrazos a Own ,
Texas '(1885 Cullen
Boulevard)
At sald hearing all Interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
APPLICATION NO.1077
and SPECIFIC USE
APPLICATION. NO.121
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper.of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. / Date / - 20 0 3
No. Date '20
No. Date . '20
No. Date 20
No. Date 20
Subscribe and sworn to before me this ! S'z- k day of 1.-e,g
20 0 3
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Public Hearing - Application No. 1077
Specific Use No. 121
Published 01/01 & 08/03
NOTICE OF A JOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE CITY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 20th day of January,
2003, at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, Brazoria,
Harris and Fort Bend
Coont
to
Council Chambers of City
Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Thomas L. Murray,
agent for Silverlake Church,
owner, for an amendment tc
the Land Use and Urban
Development Ordinance of
said City from Classification
Suburban Development
District (SD) to Estate Lot
Single Family Dwelling
District - Specific Use (R-
E(S), for a church, on the fol-
lowing described property, to
wit:
20 acres, consisting of Lots 4
and 20 of the Allison -Richey
Gulf Coast Company
Subdivision, Section 19,
H.T.&B.R.R. Company
Survey, Abstract 243, accord-
ing to the map or plat record-
ed in Volume 2, Page 23, Plat
Records of Brazoria County,
Texas (1865 Cullen
Boulevard)
At said hearing all interested
parties shall have the right
and opportunity to appear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1077
and SPECIFIC USE
APPLICATION NO. 121