Ord. 2000CUP-19 2008-07-14ORDINANCE NO. 2000CUP-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
REAL PROPERTY, LOCATION BEING 17.8810 ACRES, BEING THE
MINOR PLAT OF COPPINGER YMCA, A SUBDIVISION OF LAND OUT
OF THE THOMAS J. GREEN SURVEY, ABSTRACT 198, AND THE T.D.
YOCUM SURVEY, ABSTRACT 399, AS RECORDED IN DOCUMENT NO.
2008001978 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY,
TEXAS, AND BEING OUT OF A CALLED 16.5802 ACRE TRACT
RECORDED IN BRAZORIA COUNTY CLERK'S FILE NO. 99007098 AND
A CALLED 1.5030 ACRE TRACT RECORDED IN BRAZORIA COUNTY
CLERK'S FILE NO. 01046582, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF
STRATFORD STREET/YMCA DRIVE, AT 2820 STRATFORD STREET),
(CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-18), TO
ALLOW FORA "CHURCH/PLACE OF WORSHIP" IN THE OFFICE AND
PROFESSIONAL DISTRICT (OP); AT THE REQUEST OF NEW HOPE
CHURCH, APPLICANT FOR YMCA GREATER HOUSTON AREA,
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, New Hope Church, applicant for YMCA Greater Houston Area,
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 16th day of June, 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 NO. 2000CUP-19
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 2^d day of July, 2008, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit application by New Hope Church, applicant for YMCA
Greater Houston Area, 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 July 14, 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 New Hope Church, applicant for YMCA Greater Houston Area,
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 1. The following described property located within the corporate limits of
the City of Pearland, Texas, and presently classified as Office and Professional District
(OP), is hereby granted a Conditional Use Permit to allow for a "church/place of
worship"; such property being more particularly described as:
17.8810 acres, being the Minor Plat of Coppinger YMCA, a subdivision of land
out of the Thomas J. Green Survey, Abstract 198, and the T.D. Yocum Survey,
Abstract 399, as recorded in Document No. 2008001978 of the Official Records
of Brazoria County, Texas, and being out of a called 16.5802 acre tract recorded
in Brazoria County Clerk's File No. 99007098 and a called 1.5030 acre tract
Page 2 of 4
Ord No 2000CUP-19
ORDINANCE NO. 2000CUP-19
recorded in Brazoria County Clerk's File No. 01046582, City of Pearland,
Brazoria County, Texas (Generally Located on the South Side of Stratford
Street/YMCA Drive, at 2820 Stratford Street)
The church/place of worship use of the property is subject to the following
conditions:
1 . No trailer or vehicle owned or used by New Hope Church may be parked
at the property except on Sundays.
2. This CUP shall expire upon the occurrence of one of the following events:
a) Any change in the hours of operation by New Hope Church or the
YMCA that results in an overlap in the operation of those two uses.
b) The third anniversary of the adoption of this ordinance.
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 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 111. 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
Page 3 of 4
Ord No 2000CUP-19
ORDINANCE NO. 2000CUP-19
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 14tH day of July, 2008.
c
TOM REID
MAYO R
ATTEST:
_ ,4~~Ai2L,q~Q''-~
`~"` X3
t--
U L I MC = ~,: ~~
ITY CRET~RY ~ -•• ................'~, ..=
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-19
Exhibit "A"
Application
Ordinance No. 2000CUP-19
City of Pearland
APPLICATION FORA Community Development
3523 Liberty Drive
~~ -' ~ ~ CONDITIONAL USE PERMIT Pear and, Texas ~~s8;
C U P) 281-652-'1768
Page 1 of Application 28~-ss2-'1702 fax
www. ci tyofp ea rl a n d . co m
Conditional Use Permit Request for: ~'~"lf ~.I'Cr1 'gC~~VlnF
(list proposed use)
Current Zoning District: l~T'ri(i P ~!^n "1- ~' y.°~If~I~C~
Property Information:
Address or Genera/l~Lo/c~ation: ~ ~ ~- ~ ~g fry ~fj~~ _ ~-~ (" ~~r(t~ ~-~~j
Tax Account N/o~.: qt ~/~~''-/ ~~~ ),~C`~~'~~~ ~-`~'
Subdivision: !~ ~ J1 y ~ T ~ f~-I>r'~ P>~
PROPERTY OWNER INFORMATION: If there are multiple property owners, please list on a separate
sheet of1paper anyd~attach to this application.
NAME y_m ~~~ ~-,r~(~i~P-r'.~~~.~! f~17 lT~~~
ADDRESS. _1[~(~ (1`~ a a~ j(~ `S-~' Must be the
I' current property
CITY /-1(`)! S,C~t'1 STATE_~-x ZIP~'7~~ ~~~ owner at the
PHONE(j~~ _)_~ ~J-~-I~ time of the
i , _ submittal of the
FAX(~~1 ) t-} ~~ - ~~~b application, not
the party that
E-MAIL ADDRESS _ ._~\t.~l_~11t~-•Ph~ ~=r% ,~ . /yy~A ~p t(r~-ft~ i. ~ ~, t.~. r. has the property
c r .under contract.
.. .~ ~ ~
r~y~~•FeY a ~ y fv- c ~ ~. o u s~ . o~
APPLICANT INFORMATION: ~/
NAME
ADDRESS. ,
CITY~(~~V-1= ~ STATE ~/ ZIP f~'~~~
PHO
FAX(
E-MAIL ADDRESS;y~-~~K.~i L1Fy.1ht'~'~P ~3~rnh -ty
Conditional Use Permit
No. C U P2008-18
Exhibit "B"
Location Map
Ordinance No. 2000CUP-19
O 400 800 Feet
t ~ ~ ~ t 1
N
w~e
s Map Prepared on May 27, 2008
LOCATION MAP
Exhibit "C"
Publications
AFFIDAVIT OF PUBL Ordinance No. 2000CUP-19
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyci 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.
No.
No.
- No.
No.
Date
Date
Date
Date
Date
2~
20 ~~
20
20
20
20
CFO
Subscribe and sworn to before me this ~~ day of
20~ i ~sY7
-:c ..,.,
~ "O{tryP~` ,~'te ~T raAnn Emmons Publisher
T, -'°~' otary Public, State of Texas
Cam.-..P acs ~--r ~
Records of Brazoria
County, Texas. and being
out of a called 16.5802
acre tract recorded in
Brezoria County Clerk's
File No. 99007098 and a
called 1.5030 acre tract
recorded in Brezoria
County Clerk's File No.
01048582, City of
Pearland, Brazoria
County, Texas (Generally
Located on the South Side
of Stratford StreeWMCA
Drive, at 2820 Stratford
Street)
At sold hearng all Intereat-
ed per8es shall have the
PubYsMd May 28, 2008, right and opportunity to
and June 4, 2008 appear and be heard on
Ule subject.
NOTICE OF A JOINT
PUBLIC HEARING OF Theresa Grahntsnn
THE CITY COUNCIL AND Ssrlbr Plsrxter
THE PLANNING AND
ZONING COMMISSION-
OF THE CITY OF
PEARLAND,TEXAS
CONDITIONAL USE
PERMIT ' NO. CUP2008-
18
NotioB is hereby given that
on June 16, 2008, at 6:30
p.m., the City Council and
Planning and Zoning
Commission of the City of
Pearland, fn Brezoria,
Harris- and Fort Bend
Counties, Texasr will con-
duct ajoint pubNc hearing
in the Council Chambers
of City Hall, located at
3519 Liberty Drive,
Pearland, Texas, on the
request of New Hope
Church, applicant for
YMCA Greater Houston
Area, owner, for approval
of a Conditional Use
Permit fora `church place
of worship° in the Office
and Professional District
(OP), on the following
described properly, to wit:
17.8610 acres, being the
Minor Plat of Coppinger
YMCA, a subdivision of
land out of the Thomas J.
Green Survey, Abstract
198, and the T.D. Yocum
Survey, Abstract 399, as
recorded in Document No.
2008001978 of the OMdM
_ AFFIUAVI~F OF PUBLICATION - _
- The Pearland Reporter News
2:4004 South Park
Pearland, -Texas 77587 ~ -
State of Texas
~Brazoria and Harris Counties
I, LI®yc! Morrow, hereby .certify that the notice hereby appended. was published
i.n THE .REPORTER .NEWS, a newspaper of genEral cir~uJafion in Brazoria, Harris
and Galveston Counties, for J
.issues, as.:follows:
' N~- ~ Date '
20 ~~
~' No. Date
20
No_ bate
20
No_ Date
20
NO- Date
20
CPO , , ,
5ubscribi~ and sworn to before me this ~-
.: day of _
2 ~ .
.~~ Notary PG~3! 3 of e s
nn mmons, Publisher
- Notary Public, State of Texas
GAP No. a2az~- t8`
rtir~wr BNIr 28, sooe.
and .M~ 4. Mits
NOTICE OF A JOINT
PUBLIC Q OF
THE Cl~lf AND
THE ';-AND
ZOIdIN6 ` M1881ON
'OF "THE ~: OF
PE~,leuw4.,~au-s
,:.
..
~IM~~"~. `tS~it•
~ .~yi
on June 18, 2008, at 6:30
P.fn„ the City Council and.
Planning: and ZoTinQ
CommNaion of tlre.Cily of:
Peartand, in Brazoria,
Harris and Fort Bend
Counties. Taxaa, will oon-
dud a mint publb hearing
in the Cour-cil Chambers
of City Hall, bceted at
3519 Liberty Drive,
Pearland, Texas. on .the
request oT New -Hope
Church, applicant for
YMCA Greater Houston
Area. owner,-tbr approval
oT a CondiYoaa/. Uw
Penrri< 1br Yplaoe
or worehip' b tlltsOBoe
and Pro~sesiorrl DtNrkx
(OP), an ttre toNarMrrp
described properly, r wAt
17.8810 acres. being the
Minor Plat of Coppinger
YMCA, a subdMsion of
land out of the Thomas J.
Groan Survey, .Abstract
198, end Ube T.D. Yocum
Survey. At>atrailt 398, as
recorded In Dodument No.
2008001978 of the Ollldel
Records of Brozoria
County, Texas, arM beNrg
out of a cNlsd 18.8802
acro' tract 'recorded in
Brazorla County Clerk'e
File Ho,_99003~Oti8 and a
elYNl-~' 'h.~3li9 "tik~r~' fed
recorded In Brazorla
County Clsrk'a FNe No.
01048582, City of
Pearland, Brezorla
County, Tsxas (Generally
Located on 8re South 3kle
of Stretford. StreetlYMCA
Drive, at 2820 Stratford
3freet)
At said hearing all Interest-
ed parties shah have the
right end opportunity b
appear and qe heard on
the aut>)ect
Theresa CiraferNrrn
Senbr Planner
Exhibit "D„
P&Z Recommendation Letter
Ordinance No. 2000CUP-19
Planning & Zoning Commission
Recommendation Letter
July 2, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit No. CUP2008-18
Honorable Mayor and City Council Members:
At their regular meeting of June 16, 2008, the Planning and Zoning Commission
considered the following:
A request by New Hope Church, applicant for YMCA Greater Houston Area,
owner, for approval of a Conditional Use Permit fora "church/place of worship" in
the Office and Professional District (OP), on the following described property, to
wit:
Legal Description: 17.8810 acres, being the Minor Plat of Coppinger YMCA, a
subdivision of land out of the Thomas J. Green Survey,
Abstract 198, and the T.D. Yocum Survey, Abstract 399, as
recorded in Document No. 2008001978 of the Official
Records of Brazoria County, Texas, and being out of a
called 16.5802 acre tract recorded in Brazoria County
Clerk's File No. 99007098 and a called 1.5030 acre tract
recorded in Brazoria County Clerk's File No. 01046582, City
of Pearland, Brazoria County, Texas
General Location: Generally Located on the South Side of Stratford
Street/YMCA Drive, at 2820 Stratford Street
Commission Member Capehart made a motion to recommend approval of the
conditional use permit request, which was seconded by Commission Member Fuertes.
The vote was 5 - O. The conditional use permit request was recommended for
Pages ~ of 2
approval by the Planning and Zoning Commission. The Commission added the
following conditions to the approval of the request:
No trailer or vehicle owned or used by New Hope Church may be parked at the
property except on Sundays.
2. The CUP shall expire if there is any change in the hours of operation by New
Hope Church or the YMCA that results in an overlap in the operation of those
two uses. -
3. The CUP shall expire on the third anniversary of the adoption of the ordinance.
Sincerely,
?rieresa./'~. GraFimann
Theresa Grahmann, Senior Planner, on behalf of the Planning and Zoning Commission
Page 2 of 2