Ord. 2000CUP-14 2008-04-14ORDINANCE NO.2000CUP-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR
CERTAIN REAL PROPERTY, LOCATION BEING 14.962 ACRE TRACT
OUT OF THE T.J. GREEN SURVEY, ABSTRACT 290, ALSO BEING A
REPEAT OF LOTS 39-42 AND 54-56 OF THE ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION, SECTION "G", A
SUBDIVISION OF RECORD IN VOLUME 4, PAGE 48, OF THE MAP
RECORDS OF HARRIS COUNTY, TEXAS, CITY OF PEARLAND,
HARRIS COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST
SIDE OF THE FUTURE EXTENSION OF RIVERSTONE RANCH DRIVE,
AND APPROXIMATELY 1,000 FEET SOUTH OF SUGARBUSH RIDGE
LANE), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-
13), TO ALLOW FORA "PUBLIC ELEMENTARY SCHOOL" IN THE
SINGLE FAMILY RESIDENTIAL - 1 DISTRICT (R-1 ); AT THE
REQUEST OF BAY ARCHITECTS, INC., APPLICANT FOR PASADENA
INDEPENDENT SCHOOL DISTRICT, 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, Bay Architects, Inc., applicant for Pasadena Independent School
District, owner, filed an application for a Conditional Use Permit for certain property,
said property being legally described in the original applications far 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 17th 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
ORDINANCE N0.2000CUP-'14
(Generally Located. on the East. Side of the future extension of Riverstone Ranch
Drive, and Approximately 1,000 Feet South of Sugarbush Ridge Lane)
The development of the subject property shall be subject to the fallowing
condition:
1. The development of the subject properly comply with Chapter 4 of the Unified'
Development Code (UDC), as it applies to commercial properties.
Section I1. 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. The City Council further finds and determines that #here
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 II1, 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 unconstitu#ional 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
bene#it 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
Paye 3 of 4
Ord No 2000CUP-14
ORDINANCE N0.2000CUP-14
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 14th day of April, 2008.
~~~ ~
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TOM REID
MAYOR
ATTEST:
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N N R ~ .,
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APPROVED AS TO FORM:
C ~~ Q.-.--, ~ ~~
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-14
Exhibit "A"
Application
Ordinance No. 2000CUP-14
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APPLICATION FOR A
CONDITIONAL USE PERMIT
(CUP)
Page 1 of Application
City of Pearland
Community Developrra3nt
3523 l.iberly Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-852 1702 fax
www.cityofpearland.com
Conditional Use Permit Request for: Riverstone Ranch Elemenfary School
Gist proposed use)
Current Zoning District• R-1-Single Family Residential
Property Information: Jvst inside the City limits at fhe planned extension of
Address or General Location: Riverstone Ranch Drive
Tax Acxount No.:
Subdivision: Riverstone Ranch Site
Lot: ~ Block: ~
PROPERTY OWNER INFORMATION*: If there are muRiple property owners, please list on a separate
sheet of paper and attach to this application.
NAME Pasadena Independent School Disfrict
ADDRESS 1515 Chenybrook Lane
DITY Pasadena STATE ~ ZIP 77502
PHONE 7( 3 )_ 74/7 -~~P~ ~ /~20~r1 Slrt~ll~ ~c~r, - llln,ht r ~ey )
FAx( 713 ) ~~n - ~nz ~
E-MAIL ADDRESS S/iiQ/~~~«th rC Dcr Srr~lFn~ ~<~{ o~n
APPLICANT INFORMATION:
NAME Bay Architects, lnc.
ADDRESS ~ Box 891209
DIN Houston STATE___rZIP 77289
PHONE 2( 81 ) 286-6605
FAX 2( 81 ) 286-9606
E-MAIL ADDRESS kenneths@bayarchitects.t:om
* Must be the
current property
owner at the
time of the
submittal of the
application, not
the party that
has the property
under contract.
LOCATION MAP
Conditional Use Permit
No. CUP2008-13
0 300 600 Feet
N l~~il I
W~E
S
Map Prepared on February 26, 2008
Exhibit "B"
Location Map
Ordinance No. 2000CUP-14
Exhibit "C"
AFFIDAVIT OF PUBL Publications
Ordinance No. 2000CUP-14
The Pearland Reporter News ~ -_-
2404 South Park
Pearland, Texas .775.81.
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 ~~ ~ 7 20 O
.. „ No. ~ Date 20
No. Date 20
No. Date 20
No. Date 20
CFO
Subscribe and sworn to before me thas_ ~~_ day of
20 C,L~R
~~~ ,AURA ANN EMMONS ,
. ~ y Notary Public, State of Texas
~. +~ N-y Commission Expires 09-09-2010
~tro~`~
L . ura Ann Emmons, Publisher
Notary Public, State of Texas
Ci~~~a~=- ~ ~
ruoeaned Feb. 27 and
March 5, 2008
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
PEARLAND, TEXAS
CONDITIONAL USE
PERMIT N0. CUP2008.13
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
Pearland, in Brazoria,
Harris and Fort Bend
Counties, Texas, will con-
duct ajoint public hearing
in the Council Chambers
of City Hall, located at
3519 Liberty Drive,
Peariand,.Texas, on the
request of Bay Architects,
Inc., applicant for
Pasadena Independent
School District, owner, for
approval of a Conditlonal
Use Permit fora "pubNc
elementary school" in tM
Single Family Residerdfel
- 1 District (R-1 ), on tln
fo0owing described prop-
erly, to wit:
14.962 acre tract out of the
T.J. Green Survey,
Abstrect 290, also belnp e
replat of Lots 39-42 and
54-56 of the Allison Richey
Gulf Coast Home
Company Subdivision,
Section "G", a subdivision
of record in Volume 4,
Page 48, of the Map
Records of Harris County,
Texas, City of Peariand,
Harris County, Texas
(Generally Located on the
East Side of the future
extension of. Riverstone
Ranch .Drive, and
Approximatey 1,000 Feet
South of Sugarbush -Ridge
Lane)
At said hearing all h><erest
ed parties shall. have the
right and opportunity to
appear and be heard on
the subject. .
Isl Theresa Grahmann
Senior Plarmer
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 f issues, as follows:
No. ~_
~~ No.
No.
No.
No.
Date 3 ' ~ 20 ~~
Date 20
Date 20
Date 20
Date 20
CFO
Subscribe` and sworn to before me this_ ~ da of C:,i;~c~
Y
20~_
~ LAURA ANN EMMONS
• '~' Notary Public, State of Texas
"+..,,~.*' My Commission Expires 09-09-2010
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Lu~~c~o8--3
Pubibh~d Fab. 27 and
Mang 6, 2008
NOTICE OF' A JOINT
PUBLIC HEARING OF
THE CI1Y COUNCIL AND
THE PLANNING AND
CONING COMMI881ON
OF THE CITY OF
PEARLAND, TEXAS
CONDITIONAL USE
PERMIT N0. CUP2008"19
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
Psarland, in Brazoria,
Halls and Fort Bend
Counties, Texas, will con-
duct a)oint public hearing
in the Council Chambers
of City Hall, located at
3519 Liberty Drive,
Pearland, Texas, on the
request of Bay Architects,
Inc., applicant for
Pasadena Independent
School District, owner, for
approval of a Conditional
Use Permit fora "public
elementary school", in-the
Single Family Residential
- 1 District (R-1), on the
following described prop-
erty, to wit:
14.962 acre tract out of the
T.J. Green Survey,
Abstract 290, also being a
replat of Lots 39.42 and
54-56 of the Allison Richey
Gulf Coast Home
Company Subdivision,
Section "G', a subdivision
of record !n Volume 4.
1
ed parties shall have the
right and opportunity to
appear and be heard on
the subject.
/s/Theresa Grahrrwnn
Senior PNnner
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000CUP-14
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~ 011 Ol~1SS10~1
Recommendation Letter
April 4, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Peariand, TX 77581
Re: Recommendation on Conditional Use Permit No. CUP2008-13
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 Bay Architects, Inc., applicant for Pasadena Independent School District,
owner, for approval of a Conditional Use Permit fora "public elementary school" in the
Single Family Residential -1 District (R-1 ), on the following described property, to wit:
Legal Description: 14.962 acre tract out of the T.J. Green Survey, Abstract 290, also
being a replat of Lots 39-42 and 54-56 of the Allison Richey Gulf
Coast Home Company Subdivision, Section "G", a subdivision of
record in Volume 4, Page 48, of the Map Records of Harris
County, Texas, City of Pearland, Hams County, Texas
General Location: Generally Located on the East Side of the future extension of
Riverstone Ranch Drive, and Approximately 1,000 Feet South of
Sugarbush Ridge Lane
Commission Member Capehart made a motion to recommend approval of the conditional use
permit request, which was seconded by Commission Member Gooden. The vote was 5 - 0.
The conditional use permit was recommended for approval by the Planning and Zoning
Commission. The Planning and Zoning Commission added the following condition to the
approval of the Conditional Use Permit:
1. The development of the subject property comply with Chapter 4 of the Unified
Development Code (UDC), as it applies to commercial properties.
Sincerely,
Planning and Zoning Commission
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