Ord. 2000M-0057 2008-08-11 FAILEDFailed
August 11, 2008
ORDINANCE NO. 2000M-57
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING
6.00 ACRES OF LAND, BEING OUT OF LOTS 23 AND 24, SECTION 21,
OF THE ALLLISON RICHEY GULF COAST HOME COMPANY'S
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS FILED IN
VOLUME 2, PAGE 24, OF THE BRAZORIA COUNTY PLAT RECORDS,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE WEST SIDE OF CULLEN BOULEVARD, ON THE
SOUTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE NORTH
SIDE OF FITE ROAD), (ZONE CHANGE APPLICATION NO. 2008-11Z),
FROM GENERAL BUSINESS RETAIL DISTRICT (GB) AND SUBURBAN
RESIDENTIAL - 12 DISTRICT (SR-12) TO PLANNED DEVELOPMENT
DISTRICT(PD), AT THE REQUEST OF LES KILDAY AND KILDAY REALTY
CORPORATION, APPLICANT FOR IMANI CHURCH, OWNER PROVIDING
FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Les Kilday and Kilday Realty Corporation, applicant for Imani
Church, owner, filed an application for amendment to Ordinance No. 2000M, the Zoning
Map of the City, for approval of a change in the zoning district, 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 21st day of July, 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
ORDINANCE NO. 2000M-35
WHEREAS, on the 7th day of August, 2007, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed amendment application by Les Kilday and Kilday Realty
Corporation, applicant for Imani Church, owner, whereby the Commission
recommended approval of the change of classification for the described property from
its existing classification of Suburban Residential 12 District (SR - 12) and General
Business Retail District (GB) to Planned Development District (PD), 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 August 11, 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 Les Kilday and Kilday Realty Corporation, applicant for Imani
Church, 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 City
limits of the City of Pearland, Texas, and presently classified as Suburban Residential -
12 District (SR-12) and General Business Retail District (GB) is hereby zoned to
Planned Development District (PD) attached as Exhibit E (The Planned Development
Zoning District (PD) Document for the Planned Development District TownePlace
Reserve LP (revised 8-6-08), such property being more particularly described as:
Being 6.00 acres of land, being out of Lots 23 and 24, Section 21, of the Allison
Richey Gulf Coast Home Company's Subdivision, according to the plat thereof
as filed in Volume 2, Page 24, of the Brazoria County Plat Records, City of
Pearland, Brazoria County, Texas (generally located on the west side of Cullen
Page 2 of 4
Ord No 2000M-35
ORDINANCE NO. 2000M-35
Boulevard, on the south side of FM 518 (Broadway Street), and on the north side
of Fite Road),
Section 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.
Section 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.
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. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein
granted for the reclassification of the herein above described property.
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
Page 3 of 4
Ord No 2000M-35
ORDINANCE NO. 2000M-35
PASSED, APPROVED, and ADOPTED on First Reading this day of
2008.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
2008.
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000M-35
Exhibit "A"
oe~2s~2oos is:so F.iS 71.asesaias H.O.P.E Church Application
• Ordinance No. 2000M-57
ZONE CHANGE APPLICATION 1 OF 2 (Updated May 2n08)
Cary of Peedend
APPLICATION FOR Camm~ry3LibertyplAivet
A CHANGE IN ZONING Peru a reNxarys i~sei
28152-7788
287-652-1702 fax
www.cityofpeariand.eem
Cuffent Zoning District: 6H and SR-12
Proposed Zoning District: PD
Property lnformatlon:
Address or General Location of Property: 6 acres West of Cullen, South of
Broadway -
Tax Acxount No. 0309-0041-000
Suhdivision: Allison Richey Gulf Coast Lat: Pt of Lot 24 Block Aeeezve A
A complete appllcation must include all information shown on the
Application Checklist attached to this appllcation.
PROPERTY OWNER WFDRMATION:
NgME_Ima_*,i Church
AOORESS P•O. Hox 1652
CffY Pearland gTA7E_~p 77588
PHONE 7( 13 1 569-4297
E~tA1LA00RESS pastor®harveetofvraise
It d
APPLICANT INFORMATION:
NAME Les_ ICilday_. (1Cilday Realty Co
ADDRESS_1717 3t. James Place. N15o
Crt"Y Houston yTA~ TX ~p 77056
PHONE 7( 13 1 914-940(1
FAX(713 1 914-9439
E-MAILAODRESS leakildavPJkildavrealty
exa a .org corp.net
'Property owner must bo the current owner of the property at the Ume of submillal of the applicatlon, tad not tha party
Ulat has the property undo contract
As owner and applicant, I hereby request approval of fhe above tlescrlbed request as provided for
by the Unified Develop nt Code of the Ci f Pearland.
Owners Signature: ~ s ~r Date: ~ I ~ I o~
Agents
Date: ~ -/ r-J - cY ~"
a~~°o
Exhibit "B"
Location Map
Ordinance No. 2000M-57
LOCATION MAP N 0 3a0 ~0 Fees
i~~~i i
Zone Change w~E
NO. 2~~$-~ ~ Z Map Prepared on July 7, 2008
Exhibit "C"
AFFIDAVIT OF PUE Publications
Ordinance No. 2000M-57
The Pearland Reporter News
2:404 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 .NEVUS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as_follows:
No. ~ Date ~ - Z
20 ~
~~ No. Date 20
No. Date 20
No. Date
20
NO' Date
20 -
CFO .,,
Subscribe and sworn o before me this ~' of
.. ~ ~' ~ i ;
4 ~ p~' y' ,
~, ~ ~../ ~ i a a D
a;R.`...
Laura qnn Emmons, Rublisher -
- Notary Public, State of Texas
Zone Che~n~e, ~P ~dcx~~=112
ruDlfahad Juy 2 and Juy
9, 2008
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL AND
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF
PEARLAND, TEXAB~~,
ZONE CHANGE NO.
2W8.11Z
Nonce is hereby given Mat
on Juy 21, 2008, at 8:30
p.m., Me Cily Council and
Planning and Zoning
Commission of the City of
Peadand, in Brezarta,
Harris and Fart Bend
CounBes, Texas, will con-
duct aJoint public headng
in Me Councl Chambers
of•~ City Hall, located. at
3519 ilberty Drive,
Peadand, Texas, onMe
request of Les Kilday and
Kilday Realty Corporaeoh,
a licant for Imani
r '+-owner,'for an
~~ t to OMinanc
o M, Me Zaning
Mep .o} ; Me CNy of
Psa[ISrld, for approval of e
dianpa. M zoning dlabid
from dassifica0on
Generel Business DIsMd
(GB) end Suburban
Residential - 12 District
(SR-12) to Planned
Development District
(PD), on the following
described properly, to wit:
8.00 saes of lend, Ireing
out Of, Lots 23 and 24,
SeoBon 21, of Me Allison
Richey' GuM Coast Home
Comp6ny's Sabdlvision,
accaMing to the plat
Mereof as filed in Volume
2, Page 24, of the
Brezoria County Plat
Records; City of PeadanG,
Brezoria County, Texas
(Generely Located on Me
West Side of Cullen
Boulevard, on Me SouM
Side of FM 518 (Broadway
Street), and on Me North
Side of Fke Road)
At said hearing all interest-
ed paNes shall have the
right ,end opportunity to
appear and be hMftl on
the subject:
Tharaaa Grahmwtn
Senior 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. I Date ~ q 20
. No.
No.
No.
No.
Date
Date
Date
Date
20
20
20
20
J
CFO
Subscribe and sworn to before me this
20~_ :,rt : w~..~, , r
"~ ''MM
" sr~:¢%r Yea H ''. i+iVN ~:_
~ ~~' vo qiv ~'aGhc State of
~~~~~ar f nnur s;e.~ rxPireS 09
r
day of
Ann Emmons, Publisher
Notary Public, State of Texas
Phed,July Z.rd
9, 200E ~:,r
NOTICE DF " A "JOINT
PUBLIC . HBARING
THE CRY CpUNCILAND
THE PLANNING AND
ZONING" Cl3iAMIB
OF THE CfTY
PEARL/WD, $O(AS ,
ZONE CHANGE NO.
A'~
Ya
is hereby
on.Juty 21 Zhbr;; bt QbD'
p.m., the (fly E,oundl ihd. i
Planning and. Zoning
Commission of the Cily of
Peadand, In Brezoria,
HeMe and Fort Bend
Counties, Texea, will con-
duct a Jolnt public hearing
in the Coundl Chembere
of Ciry Hall, located at
3519 Liberty Drive,
Pearlantl; Texas, on the
request of les Kildayarid
I(lldrry Reehy Coryrnatlon,
applicant for Imani
Church, owner; br an'
ameridmant,to Ordinance
No: 2000M, the Zoning
Map of the Ciry of
Peadand, ftmepproval of e
change.ln aonlnp dleUbt
from classlflcation
General eusinest District
(GB) and Suburban
RseldMtlel - 12 Disbid
l
{SR.12) , b Planned
Development District
' (PD), or) the following
WopOtly, b wit: .
tY, .~ cf~d,~being
aut Df Lots ~3 and Y4,
Sectlon 21, et the Allison
axp ~ ~ the plat
(re filed In Vdume
2, ; ! 24, . of the
B Couriry Plat
R%tMy d Peadand,
BCi47oltp".'County, Texas
(Generalty Locvttad on the
Weat' SiiJa oP;.CUlleh
ll6uleVif~d, on ere~5oatlr ~,
Side of-FM'518 (BroaAway
Street), and on the t~ggt..
Side of Fite Road) ~~ `,
At ea~d-hearing all k
~shaN have the•,?.
}and oppoAt~i lIY W~`;
app~r and be Mid bra?-
tha~6jed.
Ttwtile Grehmem
SaMer Planner
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000M-57
Planning & Zoning Commission
Recommendation Letter
August 7, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2008-11Z
Honorable Mayor and City Council Members:
At their regular meeting of August 4, 2008, the Planning and Zoning Commission
considered the following:
Zone Change No. 2008-11Z
A request by Les Kilday and Kilday Realty Corporation, applicant for Imani
Church, owner, for an amendment to Ordinance No. 2000M, the Zoning Map of
the City of Pearland, for approval of a change in zoning district from classification
General Business District (GB) and Suburban Residential - 12 District (SR-12) to
Planned Development District (PD), on the following described property, to wit:
Legal Description: 6.00 acres of land, being out of Lots 23 and 24, Section 21,
of the Allison Richey Gulf Coast Home Company's
Subdivision, according to the plat thereof as filed in Volume
2, Page 24, of the Brazoria County Plat Records, City of
Pearland, Brazoria County, Texas
General Location: Generally Located on the West Side of Cullen Boulevard, on
the South Side of FM 518 (Broadway Street), and on the
North Side of Fite Road
Commission Member Diggs made a motion to recommend approval of the zone
change request, which was seconded by Commission Member Sherrouse, with the
following conditions:
1. Allow a total height of 39' feet for the building, measured to the top of the
parapet and screening wall
Page 1 of 2
2. Contractual agreement to be in place between the applicant, City of
Pearland, and the landowner regarding the treatment of detention basin
with amenities and landscaping as shown.
3. Reinsertion of the exhibit showing the roof plan and fagade articulation,
known as Exhibit C2, attached to the PD document received by the City
on July 11, 2008 and presented at the Joint Public Hearing, July 21, 2008.
The motion to approve passed 7 - 0. The zone change was recommended for
approval by the Planning and Zoning Commission.
Sincerely,
Lata 7~fistinarao, AIC2'
Lata Krishnarao, Planning Director, on behalf of the Planning and Zoning Commission
Page 2 of 2