Ord. 2000CUP-28 2009-02-23ORDINANCE NO. 2000CUP-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, ON
PLAT FILED FOR RECORD UNDER TRACT 1 WITH 2.0 ACRES AND TRACT 2 WITH
3.8897 ACRES OUT OF RESERVE "A" IN THE REPEAT OF CORRIGAN ADDITION
SECTION 1 (VOLUME 2, PGS 97-98 B.C.P.R) WEST SIDE PLAZA SUBDIVISION,
CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 5074 W
BROADWAY STREET, PEARLAND TX.), CONDITIONAL USE PERMIT APPLICATION
NO. CUP2009-04, TO PERMIT A CHURCH, IN THE NEIGHBORHOOD SERVICES
(NS) DISTRICT, AT THE REQUEST OF EDDIE L. GLADNEY, APPLICANT, AND
PEARLAND WESTSIDE ASSOCIATES, LTD., OWNERS, 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, Eddie L. Gladney, applicant, and Pearland Westside Associates
Ltd., owners, 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 February, 2009, 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. 2000CUP-28
WHEREAS, on the 16th day of February, 2009, 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
Eddie L. Gladner, applicant, and Pearland Westside Associated Ltd.,
owners, 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 23th day of February,
2009; 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 Eddie L. Gladney, applicant, and Pearland Westside Associates,
Ltd., owners, 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 limits of
the City of Pearland, Texas, and presently classified as Neighborhood Services (NS)
District, is hereby granted a Conditional Use Permit to allow a Church, in; such property
being more particularly described as:
Page 2 of 4
Ord No 2000CUP-28
ORDINANCE NO. 2000CUP-28
BEING Tract 1 with 2.0 acres and Tract 2 with 3.8897 acres out of Reserve "A" in the
Replat of Corrigan Addition Section 1 (Volume 2, pgs 97-98 B.C.P.R) West Side
Plaza Subdivision, City of Pearland, Brazoria County, Texas (located at 5074 W
Broadway Street, Pearland TX.)
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. 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 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
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
Page 3 of 4
Ord No 2000CUP-28
ORDINANCE NO. 2000CUP-28
to be read on two (2) separate occasions be hereby waived.
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the 23rd day of February, 2009.
TOM REID
MAYOR
ATTEST:
Y NG FI G T C
Y SE ETAR
APPROVED AS TO FORM:
C.%~......._ ~~
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-28
Exhibit "A"
Application
Ordinance No. 2000CUP-28
CUP APPLICATION Page 1 of 4 (Updated May 2008)
City of Peartand
Community Development
APPLICATION FOR 3523 Liberty Drive
~'/' ~ A CONDITIONAL USE Pear and Texas 77581
281-652-1768
PERMIT (CUP) 281-652-1702 fax
www.cityofpearla nd. com
Conditional Use Permit Request for: `°C~Tio~- w'~%~-^' ~J ~~-j Z~~J~ r~ ijiS7r~~~~'l
(list proposed use from the Table of Uses of the UDC)
Current Zoning District: ~~~
Property Information:
Address or General Location of Property: ~~ 7 ~ ~`~ ~=~''~ °f~'JW~ ~~1nEt ~
H,<LA:vU, T sls3 S f' fSJ'/
Tax Account No. / ~"~ ~y ~3;~~0
Subdivision:
Lot:
Bfock:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME/E~ik(AN~ ~~1TSroe ~1~a„~~~eJ', C7~~.
ADDRESS ~3~~73 ~' ~0~!3~ E T~k!fc ~ ~i ~~+r! '~~' ..~5
CITY~~~,~'~ ff/E STATE R~ ZtP S'.Su
PHONE( ll~n ) y0'7 { <%'7 ~~
FAX( ~Bo) ~0 7- 0 $ .3_`~
E-MAIL ADDRESS rfr+- Mf ,~~cnin~,`L(na de v t'v r~~. ~crJ
APPLICANT INFORMATION:
NAME ~Ul~l i C L., l.'` ~ G ~ N ~ ~I
ADDR SS ~'~f~ ~~1',~1C ~I ~Jh~l l/t/
CITY J NC~ STATE~~ZIP
FAX( a(n! ) ~ CI '~ - `7.='~. ,~ ~ 1
E-MAIL ADDRESS f1D ~ +~i ~i i<<cY1J t'./ lt% V~i/tC~'. 1`.CtlYl
'Property owner must be the current owner of the property at the time of submittal of the application, and not the party
that has the property under contract.
As owner and applicant, I hereby request approval of the above described request as provided for
by the Un~ed Development Cocoft~f5~ ,City of Pearland.
/.,y. _ ~ -
Owner's Signature: _ Date: l~ s / '
't ,
/ r
Agent's Signature:' Y ~- '-~~ir/j,5~,t.1~~ {~tr; v.~fw~nfr~n~ Date: ~;~/_~~vo~-
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OFFICE USE ONLY:
FEES ~ .. DATE RECEIVED ;- ~`Z:-`~•< RECEIPT ;-, ~_ ~_
PAID:~S ~' . i ` PAiD: ;~•=r "?~ ~. ~ 6Y: `;'~~~ NUMBER: •' ~ 1 ~^~ •.~
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Exhibit "B"
Location Map
Ordinance No. 2000CUP-2$
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LOCATION MAP
CONDITIONAL USE PERMIT 2009-04
5074 W. BROADWAY ST.
T
NORTH
A,FFI~A'~IT OF PUBLIC
The Pearland (Zeporter News
24x4 South Park
Pearland, Texas 77581
~t~te of Texas
~razoria and Harris Counties
Exhibit "C"
Publication
Ordinance No. 2000CUP-28
Lloyd' Morrow, hereby certify that the notice hereby appended was u '
~ THE REPORTER NEWS, a newspaper of general circulation in Brazor!shed
nd Galveston Counties, for / la, Harris
issues, as follows:
No. / [:)ate ~~ ,2
~~ ~' .N,°• I~a~te
No. ®ate
. No. date
No. date
_20~
-20_
_ 20
_ 20
_ 20
~'° i~U
CFO
.,
subscribe and sworn to before me ~this_ ~~'1
day of
°_0-~~---- .. ~1 ~
g~(~*~~"~`p".(~~"Q~J~_ LAURt~ At~~o ENiNI~ONs
•N+ti. f ' Notary Punu~ State et Texa
.•
'rFO~.. My Commiss~c~ ~r.pire~ 09-0 -~
ura Ann Emmons, Publisher
Notary Public, State. of Texas
~;~ ~.P ~ ac~~ -~
4, 2009
NOTICE OF A JC
PUBLIC HEARING
THE CITY COUP
AND THE PLANN
AND ZONING COMI
SIGN OF THE CITY
PEARLAND,TEXAS
CONDITIONAL
PERMIT APPL
N0.2009.04
Notice is hereby given
that on February 16,
2009, at 6:30 p.m., the
City Council and Planning
and Zoning Commission
of the City of Pearland, in
Brazoria, Harris and Fort
Bend Counties, Texas,
conduct a joint pul
ring in the Commw
ter, located at 3;
arty Drive, Pearlai
~s, on the request
ie Gladney, applic~
Signature Pearla
owner, for appro~
a Conditional U;
nit (CUP) to permit
rch in tt
Zoning district,
following descri
Tract 1 with 2.0 acres and
Tract 2 with 3.8897 acres
out of Reserve "A" in the
Replat of Corrigan
4ddition Section 1
'Volume 2, pgs 97-98
3.C.P.R) West Side Plaza
subdivision, City of
'earland, Brazoria
county, Texas (located at
5074 W Broadway Street,
Pearland TX.) ;
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Gantuah
Senior Planner
City of Pearland
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
~razoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
n THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
end Galveston Counties, for i issues, as follows:
No. ~
.. Date ~-
20 ~~
.. , .No Date
20
No. Date
__ 20
No. Date
_ 20
No. Date
__
_ 20
CFO
Subscribe and sworn to bef®re me this ti~~
gay of
?0~_ cx~oc~ooooo00
~,' ~ ~, LAURA ANN EMMONS
Notary Public, State of Texa
~'''~a~~'+. My Commission Expires 09-09 10
Laura Ann Emmons, Publisher
Notary Public, State of Texas
CAP a~~- o~
Published January 28 and
February 4, 2009
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COMMIS-
SION OF THE CITY OF
PEARLAND,TEXAS
CONDITIONAL USE
PERMIT APPLICATION
N0.2009-04
Notice is hereby given
that on February 16,
2009, at 6:30 p.m., the
City Council and Planning
and Zoning Commission
of the City of Pearland, in
Brazoria, Harris and Fort
Bend Counties, Texas,
will conduct a joint public
hearing in the Community
Center, located at 3523
Liberty Drive, Pearland,
Texas, on the request of
Eddie Gladney, applicant
for Signature Pearland
Westside Associates,
LTD, owner, for approval
L~~
of a Conditional Use
Permit (CUP) to permit a
Church in the
Neighborhood Services
(NS) Zoning district, on
the following described
property:
Tract 1 with 2.0 acres and
Tract 2 with 3.8897 acres
out of Reserve "A" in the
Replat of Corrigan
Addition Section 1
(Volume 2, p9s 97-98
B.C.P.R) West Side Plaza
Subdivision, City of
Pearland, Brazoria
County, Texas (located at
5074 W Broadway Street,
Pearland TX.)
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Gantuah
Senior Planner
Citv of Pearland
Exhibit "D"
P8Z Recommendation Letter
Ordinance No. 2000CUP-28
Plaaoiag & 7~ning Commission
Recommendation Letter
February 17, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2009-04
Honorable Mayor and City Council Members:
At their meeting of February 16, 2009, the Planning and Zoning Commission
considered the following:
A request of Eddie L. Gladney, applicant, and Pearland Westside Associates,
Ltd. owner, for approval of a Conditional Use Permit to allow a Church in the
Neighborhood Services Distinct (NS) and Corridor Overlay District (COD), on the
following described property, to wit:
LEGAL DESCRIPTION: Tract 1 with 2.0 acres and Tract 2 with 3.8897 acres out
of Reserve "A" in the Replat of Corrigan Addition Section 1 (Volume 2, pgs 97-98
B.C.P.R) West Side Plaza Subdivision, City of Pearland, Brazoria County, Texas
GENERAL LOCATION: Located at 5074 W. Broadway St.
Commission Member Darrel Diggs made a motion to approve the Conditional
Use Permit (CUP). The motion was seconded by Commission Member Ron
Capeheart. The vote was 7-0 and the motion passed. The Conditional Use
Permit was approved.
Sincerely,
Angela Gantuah, Senior Planner
On behalf of the Planning and Zoning Commission
Page 1