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Ord. 2000CUP-12 2008-04-07ORDINANCE NO. 2000CUP-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, LOCATION BEING 5.00 ACRES, BEING PART OF LOTS 78 AND 79, OF THE FIGLAND ORCHARD SUBDIVISION, ABSTRACT 240, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD, AND APPROXIMATELY 700 FEET NORTH OF FITE ROAD), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-12), TO ALLOW FOR A CHURCH" FACILITY IN THE NEIGHBORHOOD SERVICE DISTRICT (NS); AT THE REQUEST OF VINEYARD CHRISTIAN FELLOWSHIP OF PEARLAND, APPLICANT FOR MASSOUD MOTAMEDI, OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. WHEREAS, Vineyard Christian Fellowship of Pearland, applicant for Massoud Motamedi, owner, filed an application for a Conditional Use Permit for certain property, 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 more graphically depicted in the location map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 17t" day of March, 2008, 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 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, on the 28t" day of March, 2008, the Planning and Zoning ORDINANCE NO.2000CUP-12 Commission of the City submitted its report and recommendation to the City Council regarding the proposed Conditional Use Permit application by Vineyard Christian Fellowship of Pearland, applicant for Massoud Motamedi, owner, whereby the Commission recommended approval of the Conditional Use Permit, said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D"; 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 April 7, 2008; 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 Vineyard Christian Fellowship of Pearland, applicant for Massoud Motamedi, owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate limits of the City of Pearland, Texas, and presently classified as Neighborhood Service District (NS), is hereby granted a Conditional Use Permit to allow fora "church" facility; such property being more particularly described as: 5.00 acres, being part of Lots 78 and 79, of the Figland Orchard Subdivision, Abstract 240, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Harkey Road, and Approximately 700 Feet North of Fite Road) Section II. The City Council of the City of Pearland finds and determines that Page 2 of 4 Ord No 2000CUP-12 ORDINANCE NO.2000CUP-12 the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished. 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 the City Council for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the approval herein granted 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 Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. This Ordinance shall become effective after its passage and approval on first and only reading. Section VII. Declaration of Emergency. The Council finds and determines that the need to regulate land use inures to the benefit of the public and, therefore, bears directly upon the health, safety, and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be hereby waived. PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this the 7th day of April, 2008. Page 3 of 4 Ord No 2000CUP-12 ORDINANCE NO. 2000CUP-12 ~ ~0 TOM REID MAYOR ATTEST: ~ °' ~.; ~-: x __. :~:. UN R IN , T MC ITY CRETARY APPROVED AS TO FORM: ~~ ~ ~ DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000CUP-12 Exhibit "A" Application Ordinance No. 2000CUP-12 ~_ City o/ Pcartand APPLfCATtON FORA Commundy Development ~~~ •• ~ 3523 Lioerty Drive tc~.~.~ ~. L~' CQtVt31TIUf~AL USE PER(~if-f' !'ea ~ndn exasC775f31 ~', ~ P, 28i X52-1768 Pale 1 of Application 281-652-1/02 tax vrnr.cilyoipeartand.corn Conditional Use Permit Request for: l~E~t:2C 1-~ (liar ptaposod user ' -- Current Zoning District: ~C ~Ij I-~~0~.,(S r7c~p r ~ UL (,E/~ Property Information: YO~ 7~ ~ ~..o ( -y~~' Address or General Location.: ~ ~-~~+~L~,C1 ~• 1.1:~%~~Et=1~ '~l` 1 .,~`~1 ~ FI 'rE i Tax Account-N~o'.:~~" ~~J~, l}'~,'S'~ --Qd© 1~~~ ~`1L ~'j~rf3 ~.,-~--~~rr 7 Subdivision:~f~t-[-.rte Q/L[.t-11q~Q.-.p s~ ~ Lot: ~ fl l ~ Block: t PROPERTY OWNER INFORMATION`: tt lhorc are multiple property o:vners, please list cn a separato sheet of paper and attach to this application. NAM ADDI GITY_ l'lyvS~ /t Sl'ATET~( ZIP~~~ PHONE~~ 7d'7- s1.3~ E-MAtL AD[7RES ~ ~,,.,~~t ~ ,~ ~~.M fJlusl be the current properly owner al the time of ttre subm>;tal of the application, nat the early that has the property under contract. APPLICANT INFORMATION: rr NAME U -~ ,~ ~~ln/'15'Ct. ' --~/1~v~Js'~t • ~ P.~ct~C~~ ADDRESS - E~ ~i~ 'r'c.~vvt ~}- P D. Dx ~1`~- CITY C~~sPt^>r1 STATE~_ZIP PHORIE( •~{ ) q 9~ - J~22. FAX( Z~( f ~q1 - Z3~ ~ E-MAIL ADDRESS QQ r ~e V12 ~ SI~GQ(al~I, r~G Exhibit "B" Location Map ~ ~ I (FM 518) LOCATION MAP Conditional Use Permit No. CUP2008-12 0 300 600 Feet N l ~ i i l I W~E S Map Prepared on February 26, 2008 Ordinance No. 2000CUP-1z QcneewAY ST - Exhibit "C" Publications AFFIDAVIT OF PUBLIC.r.~ „O.rdj Vnce No. 2000CUP-12 State of Texas The Pearland Reporter News 2404 South Park Pearland, Texas 775.81 Brazoria and Harris Counties I, .Lloyd' Morrow, hereby certify that the notice hereby appended was published in THE .REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for i issues, as follows: No. ,. „ No. No. No. No. Date ~~ 2 ~ 20 ~ Date 20 Date 20 Date 20 Date 20 ~l CFO Subscribe and sworn to before me this ~ day of 20~_ .~- ~ ~ LAUF~q qNN EMMONS ~' Notary p~bec State • ~r~o~~t*'4 ~Y Commission Expires 09f Texas _ 09-2010 Laura Ann Emmons, Publisher Notary Public, State of Texas GAP aoc~~-la Published Feb. 27 and Larch 5, 2008 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING -AND ZONING COMMI881ON OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT N0. CUP2008.12 Notice Is hereby given that on March 17, 2008; at 8:30 p.m., the CIty Council and Planning and Zoning Commission of the City of Pearlend, In Brezoria, Hauls and Fort Bend Counties, Texas, will con-. duct a joint public hearing M tM Coundl Chambers of City Hall, located at 3619 Liberty. Drive, Paarland, Texas, on the regwst of Vineyard Christen Fellowship of Psarland, applicant for Massoud Motamedi, owner, for approval of a Conditional Use Permit for a "church" fedlity in the Neighborhood Service District (NS), on the follow- ing described property; to w i~ t 5.00 acres, being paR of Lots 78 and 79, of the Figland Orchard Subdivision, Abstrect 240, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Generally Located on the .East Side of Harkey Road, and Approximately 700 Feet North of Fite Road) At said hearing alf interest- ed parties shah have the right and opportunity to appear and be heard on the subject. ls/ Theresa Grahmann Senor Planner AFFIDAVIT OF PUBLICATION The Pearland Reporter News -_~ 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, .Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for ~ issues, as follows: No. Date ~~. No. ~ Date No. Date No. Date No. Date 3 - ~' _20~ _20 20 _20 _ 20 ~.~~~~. U~li~;:~ AiVN EMMON ,~~~' Notary Pt!bfic, State of Tew +\TE'",'-''''f/~ My Commission Expires 09-09-2 CFO Subscribe` and sworn to before me this ~ da of C"~~~c Y 20~_ Laura Ann Emmons, Publisher . Notary Public, State of Texas G~,t.p dGo~-t~ PubNehed Fab. 27 and March 5, 2008 NOTICE OF A JOMT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING .AND ZONING COMMI881ON OF THE CITY OF PEARLAND, TEXA8 CONDRIONAL USE PERMIT NO. CUP2008-12 Notice is hereby given that on March 17; 2008, at 8:30 p.m., the City Councl and Planning and Zoning Commission of the City of Pearland, in Brezoria, Harris and Fort Bend Counties, Texas, wIN o0o- duct a joint pubNc hearkq in the Council Chambers of City Halt, located at 3519 Liberty Drive, Peerlend, Texas, on the ngyeet of Vineyard Christian Fellowship of Pearland, applicant tar Maeoud Motamedi, owner, for approval of a Conditional Use Permit for a °church" fadlity in the Neighborhood Service District (NS), on the folbw- ing described property, to wit: 5.00 acres, being part o1 Lots 78 and 79, of the Figland Orchard Subdivision, Abstract 240, H.T. 8 B.R.R. Company Survey, City of Peartand, Brezorfa .County, Texas (Generally Located on the East Side of Harkey Road, and. Approximately 700 Feet Norti~ of Fite Road) At said hearing all interest- ad partles shall have the slnd oppoRunlty to ~''d Marl on '.• subject. 1t/fiheroa Grahmann 8enlor Planner Exhibit "D" P&Z Recommendation Letter Ordinance No. 2000CUP-12 ~ ~ ~ ~ ~1~111 0~11~ 0~1 1 ~l SS 0 Recommendation Letter March 28, 2008 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Conditional Use Permit No. CUP2008-12 Honorable Mayor and City Council Members: At their regular meeting of March 17, 2008, the Planning and Zoning Commission considered the following: A request by Vineyard Christian Fellowship of Pearland, applicant for Massoud Motamedi, owner, for approval of a Conditional Use Permit fora "church" facility in the Neighborhood Service District (NS), on the following described property, to wit: Legal Description: 5.00 acres, being part of Lots 78 and 79, of the Figland Orchard Subdivision, Abstract 240, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Harkey Road, and Approximately 700 Feet North of Fite Road Commission Member Capehart made a motion to recommend approval of the conditional use permit request, which was seconded by Commission Member Gooden. Commission Member Capehart then made a motion to amend the original motion to add the condition that no access from the site be provided to Bardet Street. The vote for the amendment was 3 - 2, with Commission Members West and Gooden voting against the amendment to add the condition. With the amended motion, the Commission then voted 5 - 0 to approve the conditional use permit, with the condition stated above. The conditional use permit was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Page 1 of 1