Ord. 509-592 07-08-02ORDINANCE NO. 509-592
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 9.521 ACRES, W.D.C. HALL LEAGUE, A-70, BRAZORIA
COUNTY, TEXAS (SPECIFIC USE NO. 107) (3007 AND 3017 YOST ROAD AND 3214
HAMM ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R1)
TO SINGLE FAMILY DWELLING DISTRICT — SPECIFIC USE (R1(S)) AT THE
REQUEST OF SIDNEY KLIESING, AGENT FOR SHADYCREST BAPTIST 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, Sidney Kliesing, agent for Shadycrest Baptist Church, Owner, filed
on April 29, 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 10th of June, 2002, 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 11th day of June, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
1
ORDINANCE NO. 509-592
proposed amendment application by Sidney Kliesing, agent for Shadycrest Baptist
Church, Owner, whereby the Commission recommended and approved a change of
classification for the property described in Exhibit "A" from its existing classification of
Single Family Dwelling District (R1) to Single Family Dwelling District — Specific Use
(R1(S)) and;
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application, and concurred with the
recommendation of the Planning and Zoning Commission, at a regular meeting on June
24, 2002, 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 Sidney Kliesing, agent for Shadycrest Baptist 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:
The following described property located within the corporate City limits of the
City of Pearland, Texas, and presently classified as Single Family Dwelling District (R1)
is hereby for all purposes changed and reclassified as Single Family Dwelling District —
Specific Use (RI (S)); for a church such property being more particularly described as:
2
ORDINANCE NO. 509-592
9.521 acres, W.D.C. Hall League, A-70, Brazoria County, Texas (3007 and 3017
Yost Road and 3214 Hamm Road)
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 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.
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ORDINANCE NO. 509-592
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.
PASSED, APPROVED, and ADOPTED on First Reading this 24 day of
June , 2002.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-592
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
8 day of J u 1 y , 2002.
ATTEST:
APPROVED AS TO FORM:
@,4"vs.-:- ark—
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
CITY OF PEARLAND
ZONE CHANGE APPLICATION
revised 10/20/01
X Change in Zoning Classification from: R-1 to: R-1 (S)
Change in Regulations in Section #:
x Specific Use for: * •Proposed Church Expansion
Property address: 3 017 Yost Road — 3007 Road — 3214 Hamm _Rua r1
Lot: N/A Block: N/A
Tnt
Subdivision: N/A
Metes & Bounds Description:
(unplatted property only; attach survey) See Attached
Tax I.D. number: 74--1743322
•
Current use of land: Church Uses
Proposed use of land: Church Uses
Record owner's name: Shadycrest Baptist Church
Owner's mailing address: 3214 Hamm Road Pearland, Texas 77581
Owner's telephone number: 281-485-1481
Agent's name: Sidney Kliesing
Agent's mailing address: 2110 Shadybend, Pearland, Texas 77581
Agent's telephone number: 281-485-2386
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Owner's signature: s��
Agent's ature:
r�
Fees paid: $ ���j . r
Date paid:
_a
Received by: --.z
_
Application number: 6 L't 1 0
Annat4
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Specific Use Application No. 107
Shadycrest Baptist Church/Sidney Kliesing
3007 & 3017 Yost Rd & 3214 Hamm Rd
(R1-R1(S))
W E
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 S= 22 20 02
No. Date 20
No. Date 20 : <.
No. Date 20
No. Date 20
Subscribe and sworn to before me this Z day o
20.00
3 LAURA A . EMMONS
Pubi' St,.ttof 'Texan 0
�
Commission Exp re Es_„—O2 t f
N'
aura Ann Emmons, Publisher
Notary Public, State of Texas
Published May 22 & May 29,
2002
NOTICE OF A JOINT
PUBLIC BEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that
on the 10th day of June,
2002, at 6:30 p.m., the City
Council and Planning and
Zoning mission of the
City of,; Y
Hartle . Fort Bend:
Counties, Texas, wif( con
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Sidney Kliesing,
agent for Shadycrest Baptist'.
Church, owner, for a
Specific Use for a church in
a Single Family Dwelling >
District (R-1), on the follow-
ing described property, to
wit:
9.521 acres, WD.0 H „
League, A•70, Brazor a=Cp',:
TX (3007 & 3017 Yost Rd &
3214 Hamm 1 d)
At s3l0Ilte aalll in ereeted
partret ht
and opportunil�r 10 _;;afar
and be heardon
/s/ Mona Ann Phipps',,.
Development Coorqinator
SPECIFIC USE PERMIT
APPLICATION NO.107
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 l issues, as follows:
No .1 Date Z1 20.02.
No Date 20
No Date 20.E
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20f))
%-1.LAURA A .EONS :'
,k.. i`.O y Pt bi:;^„-#�*e CY texas
`,i`' Commission Enr�, cu 9-9-02vi
nri
President
day of
aura Ann Emmons, Publisher
Notary Public, State of Texas
PublishedMay 22 8 May 29,
2002
NOTICE OF A JOINT
PUBLIC BEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION QF THE
CITY OF PEARLAND,
TEXAS
Notice is hereby given that
on the 10th day of June,
2002, 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 con-
duct a joint public hearing in
the Council Chambers of
City Hall, 3519 Liberty Drive,
Pearland, Texas, on the
request of Sidney Kliesing,
agent for Shadycrest Baptist
Church, owner,, for a
Specific Use for a church in
a Single Family Dwelling
District (R-1), on the follow-
ing described properly, to
wit:
9.521 acres, WD.C. Hall
League, A-70, Brazoria, Co,
TX (,A3017'-Yost Rd
3214 Hamm Rd)
At saidbe g alNnferested
parties shall have the right
and opportuflity to appear
and be heardon'the subject.
Is/ Mona Ann Phipps..
Development Coordinator
SPECIFIC' USE PERMIT.
APPLICATION NO. 107
June 11, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 107
Request of Sidney Kliesing, agent for Shadycrest Baptist Church, owner for an amendment to
the Land Use and Urban Development Ordinance from classification Single Family Dwelling
District (R1) to Single Family Dwelling District - Specific Use (R1(S)) for a church on the
following described property, to wit:
9.521 acres, W.D.C. Hall League, A-70, Brazoria Co., TX
(3007 and 3017 Yost Road and 3214 Hamm Road)
Honorable Mayor and Council Members:
At a regular meeting held on June 10, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above -mentioned request.
Commissioner Robert Scherrer made a motion to forward Specific Use Application No. 107 to City
Council for approval. Commissioner Don Sederdahl seconded the motion.
Motion to approve passed 5 to 0.
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
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