Ord. 509-666 07-28-03ORDINANCE NO. 509-666
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 BEING LOT 27 OF THE ALLISON RICHEY
GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION
OF SECTION 8, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 504,
BRAZORIA COUNTY, TEXAS (GARDEN ROAD) (SPECIFIC USE
APPLICATION NO. 127) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT
DISTRICT- SPECIFIC USE (SD(S)) FOR A CHURCH AT THE REQUEST
OF SOHAIL NOOR, AGENT FOR CYNTHIA H. CRAMER, 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, Sohail Noor, Agent for Cynthia H. Cramer, Owner, filed on May 16,
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 16th of June, 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
WHEREAS, on the 25th day of June, 2003, the Planning and Zoning Commission
1
ORDINANCE NO. 509-666
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Sohail Noor, Agent for Cynthia H. Cramer, Owner,
whereby the Commission recommended to approve a change of classification for the
property described in Exhibit "A" from its existing classification of Suburban Development
District (SD) to Suburban Development District - Specific Use (SD(S)) for a Church; and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this application and considered the recommendation of the
Planning and Zoning Commission at a regular meeting on July 14, 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 Sohail Noor, Agent for Cynthia H. Cramer, 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:
I.
The following described property located within the corporate City limits of the City
of Pearland, Texas, and presently classified as Suburban Development (SD) is hereby for
all purposes changed and reclassified as Suburban Development District - Specific Use
(SD(S)) for a Church, such property being more particularly described as:
Lot 27 of the Allison Richey Gulf Coast Home Company's Suburban Gardens
Subdivision of Section 8, H.T. & B.R.R. Company Survey, Abstract 504, Brazoria
County, Texas (Garden Road).
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ORDINANCE NO. 509-666
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. 509-666
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 14th day of
July , 2003.
ATTEST:
TOM REID
MAYOR
4
ORDINANCE NO. 509-666
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of
July , 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
TOM REID
MAYOR
5
APPLICATION FOR
A CHANGE IN ZONING
Please check one:
City of Pearland
Community Development
3519 Liberty Drive
Pearland, Texas 77581
281-652-1639
281-652-1702 fax
www.ci.pearland.tx.us
[] Change in Zoning Classification from: to:
(list current zoning) (list proposed zoning)
Specific Use Permit Request for : /9,gN«- ki/2 /f7i
(list proposed use)
Property Information:
Address: 1-0'Y 2- , Sa tm-4/w
Subdivision: Lot: 2 - Block:
Tax I.D. Number:
** For unplatted property, attach a copy of the metes and bounds description**
Current use of property
(type of structures on property):
Proposed use of property:
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: /7,/pv5/4(PM
NAME Cy114hi N. CP(Awe " NAME 5o6'4�7/1_ /'azoil�/t %LP
ADDRESS Z-/-1. fV, V‘lkItet- ,eld ADD RE S , 67% S4/4/4/de.J (oJt7
CITY A-(q r5 I- GIN- STATE V v 3. ZIP 2,22 0'7 CITY ✓�-1 /1-4 STATE 7� ZIP 7 (4
PHONE( ) PHONE( 2R /) Lt/ `I 3 U.
FAX( ) FAX( gOi ) g L/ I Z 0/
E-MAIL ADDRESS E-MAIL ADDRESS Sx14.100P 1&
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 checked action. I understand that I am fully responsible for the correctness of the
legal description given.
Owner's Signature:
Agent's Signature:
Date:
Date: (// 3
OFFICE USE ONLY: � �� �` CYO y 1 �_ 03
FEES PAID: DATE PAID:
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Specific Use Application No. 127
Cynthia H. Cramer/Sohail Noor
Garden Road south of Brookside Road
(SD - SD(S))
June 25, 2003
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE
APPLICATION NO. 127
Request of Sohail Noor, agent for Cynthia H. Cramer, owner for an amendment to the Land Use
and Urban Development Ordinance for a Specific Use Permit for a church in a Suburban
Development District (SD) on the following described property, to wit:
Lot 27 of the Allison Richey Gulf Coast Home Company's Suburban Gardens Subdivision of Section 8,
H.T. & B.R.R. Company Survey, Abstract 504, Brazoria County, Texas (Garden Road)
Honorable Mayor and Council Members:
At a regular meeting held on June 16, 2003, the Planning and Zoning Commission considered the
above -mentioned request.
Commissioner Don Sederdahl made a motion to forward Specific Use Application No. 127 to City
Council for approval with a second made by Commissioner Robert Scherrer.
Motion to approve passed 5-0
(Abstention by Commissioner Ray Bacon)
This is submitted for your consideration.
Sincerely,
Planning & Zoning Commission
cc: Sohail Noor, 2619 Sunbird Ct, Pearland, TX 77584
Cynthia H. Cramer, 2465 N. Wakefield Ct, Arlington, VA 22207
Page 1 of 1
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 C-I-7 20 23
No Date 20
No. Date 20
No Date 20
No. Date 20
Subscribe and sworn to before me this
2003
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
President
day of
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Joint Public Hearing - Application No. *127
Published 05/28 & 06/04/2003
Published May 28 & June 4,
2003
NOTE 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 16th day of June, 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 joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Sohail Noor, agent for
Cynthia Holbein Cramer,
owner, for an amendment to
the Land Use and Urban
Development Ordinance of
said City for a Specific Use
Permit for a Church in a
Suburban Development
District (SD) on the following
described property, to wit:
Lot 27 of the Allison Richey
Gulf Coast Home Company's
Suburban Gardens
Subdivision of=Section 8,-H.T.
& B.R.R. Company Survey,
Abstract 504, Brazoria
County, ' Texas (Garden
Road)
At said I`mterestec
pasties Lave therighi
and topportunit9 to .appeal
and be heard on the subject:
. _ � .. a .:... �.......
IsI Theresa Grahman
Planner
SPECIFIC USE
APPLICATION NO. 127