Ord. 509-661 06-23-03ORDINANCE NO. 509-661
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 LOCATION BEING10.2571 ACRES, BEING OUT OF
AND A PART OF LOTS 6 & 7, BLOCK 10, ALLISON RICHEY GULF
COAST HOME COMPANY, SUBURBAN GARDENS SUBDIVISION,
SECTION 4, T.C.R.R. COMPANY SURVEY, ABSTRACT 675, BRAZORIA
COUNTY, TEXAS (SHADOW CREEK PARKWAY) (APPLICATION NO.
1103) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT
(SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF
NEW BETHLEHEM MISSIONARY BAPTIST CHURCH AND PLEASANT
GROVE BAPTIST CHURCH, OWNERS, 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, New Bethlehem Missionary Baptist Church and Pleasant Grove Baptist
Church, Owners, filed on March 28, 2003, 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 19th of May, 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
1
ORDINANCE NO. 509-661
WHEREAS, on the 21 st day of May, 2003, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, New Bethlehem Missionary Baptist Church and
Pleasant Grove Baptist Church, Owners, whereby the Commission's recommendation to
approve a change of classification failed for the property described in Exhibit "A" from its
existing classification of Suburban Development District (SD) to General Business District
(GB); 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 June 9, 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 New Bethlehem Missionary Baptist Church and Pleasant Grove Baptist
Church, Owners, 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) is
hereby for all purposes changed and reclassified as General Business District (GB); such
property being more particularly described as:
2
ORDINANCE NO. 509-661
10.2571 acres, being out of and a part of Lots 6 & 7, Block 10, Allison Richey Gulf
Coast Home Company, Suburban Gardens Subdivision, Section 4, T.C.R.R.
Company Survey, Abstract 675, Brazoria County, Texas (Shadow Creek Parkway).
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.
3
ORDINANCE NO. 509-661
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.
PASSED, APPROVED, and ADOPTED on First Reading this 9th day of
June , 2003.
ATTEST:
4
TOM REID
MAYOR
ORDINANCE NO. 509-661
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rdday
of June , 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
5
g,„)
TOM REID
MAYOR
May 21, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE
APPLICATION NO. 1103
Request of New Bethlehem Missionary Baptist Church and Pleasant Grove Baptist Church,
owners, for an amendment to the Land Use and Urban Development Ordinance of said City
from classification Suburban Development District (SD) to General Business District (GB) on
the following described property, to wit:
10.2571 acres, being out of and a part of Lots 6 & 7, Block 10, Allison Richey Gulf Coast Home
Company, Suburban Gardens Subdivision, Section 4, T.C.R.R. Company Survey, Abstract 675,
Brazoria Co., Texas (Shadow Creek Parkway)
Honorable Mayor and Council Members:
At a regular meeting held on May 19, 2003, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Ray Bacon made a motion to forward Zoning Application No. 1103 to City Council
for approval with a second made by Chairman Todd Iocco.
Motion to approve failed 4-1
"No" - Todd Iocco, Don Sederdahl, Russ Selemon, Sheryl Greiner
"Aye"- Ray Bacon
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: New Bethlehem Missionary Baptist Church
4310 Mallow
Houston, Texas 77051
Page 1 of 1
Pleasant Grove Baptist Church
2801 Conti Street
Houston, TX 77020
Page 2 of 1
MAR 27 2003 11:11 FR CITY OF PEARLAND 281 652 1702 TO 97132281831 P.02
APPLICATION FOR
A CHANGE IN ZONING
Pease check one:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-852-1639
281-652-1702 fax
www.ci.peariand.tx.us
,...... z�,--
Oxxehange in Zoning Classification from: Agl sturrent tson soiling) to:
) (tlstproposed zoning)
❑ Specific Use Permit Request for :
Property Information:
288 @ McHard Road
(list proposed use)
Address:
Subdivision: Shadow Creek Subdivision Lot: 6 BioCk: 10
Pleasant Grove and Charles L. Jackson---747302670
Tex I_D. Number New Bethlehem Missionary Baptist Church Melvin L.
74)1N 797
"'* Far unped property, attach a copy of the metes and bounds description"
*
Current use of property
(type of structures an property);
N/A
Proposed use of property:Building a church
PROPERTY OWNER INFORMATION: See attached APPLICANTIAGENT INFORMATION:
NAME,
ADDRESS ADDRESS _
CITY...__, STATE ZIPCITY STATE . ZIP
Pi-IONEL. }_ T_--- PHONE( )._____
FAX(_,_.-,--} FAX(,___}
E-MAIL ADDRESS, E-MAIL ADDRESS
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 checker ction_ I undea d that 1 am fully responsible for the correctness of the
legal description give
Lewis
Owner's Signature
Owner Signature
OFFICE: USE ONLY:
FEES PAID:
RECEIVED BY:
NAME
Date: March _27 , 2003
Date: March 27, 200
DATE PAID: JeJo
APPLICATION NO. \ 1 0
** TOTAL PAGE.02 **
0 200 400 Feet
IiiiI I
Zone Change Application No. 1103
Pleasant Grove Baptist Church and
New Bethlehem Missionary Baptist Church
Shadow Creek Parkway
(SD GB)
AFFIDAVIT OF PUBLICATION
The Pearland ReporterNews
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, 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 f issues,°as follows:
No. / Date S-2 20 02
No Date 20
No. Date . 20.
No. Date 20
No. Date 20
Subscribe and sworn to before me this
20 0-2
(016 ‘'/Vra
President
3
LAURA ANN EMMOHS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1103
Published 04/02/03
Published April 2, 2003
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 21st day of April, 2003 at
6:30 pm., 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 Driver Pearland,
Texas, on the request of
Pastors Melvin 1. Lewis and
Charles L. Jackson, agent for
New Bethlehem Missionary
Baptist Church and Pleasant
Grove Baptist Church, owner,
for an amendment to the
Land Use and Urban
Development; Ordinance of
said City from Classification
Suburban Development
District (SD) to General
Business District (GB) on the
following described property,
to wit
•
102571acres,
and a part of Lot
10, Allison Richey Gut Coast
Home Co., , Suburban
Gardens Subdivision, Section
4, T.C.:-fi.R. Co. survey, A-
675, Brazoria Co., ' TX
(Shadow Crab
At said hie
parties shall have the right
and opportunity to appear
and be heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1103
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/ 20 ,-4
No Date 20
No Date '20
No Date 20
No. Date 20
Subscribe and sworn to before me this
20 02
3/
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
day of
*/
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. 1103
Published 04/30/03
Published April 30, 2003
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 19th day of May, 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;jolnl
public hearing in the Counci
Chambers of Gky Ftsdt; 351,5
Liberty Drive, Pearland
Texas, on the request of
Pastors Melvin L. Lewis and
Charles L. Jackson, agent for
New Bethlehem —Missionary
Baptist Church and Pleasant
Grove Baptist Church, owner,
for an amendment to the
Land Use . and Urban
Development Ordinance of
said City from Classification
Suburban Development
District (SD) to General
Business District (GB) on the
following described property, `.
to wit:
10,2571 acres being out of
and a pad .of its 6 and 7 ;
Block 10, AllissonfliolieyrGalf
Coast Home Com an
Suburban
S`i'div
T.CR]
Abspt
CAt]nt
Ceek?F
At sae , •al° interested.
partie ; h (.have the right
and 9Pe a r ity to appear
and bsf heard on the subject.
/s/ Mona Ann Phipps
Development Coordinator
APPLICATION NO. 1103