Ord. 2014CUP-08 2014-10-27ORDINANCE NO. CUP 2014-08
An Ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit for certain property, being a 2.225 acre (96,940 square feet)
tract of land in the H.T. & B.R.R. Co. Survey, Abstract 309, Brazoria County, Texas,
said 2.225 acre tract is in the south one-half of lot 30 of the Allison -Richey Gulf Coast
Home Company's Part of Suburban Gardens Subdivision as recorded in Volume 2,
Page 23 of the Brazoria County Map records and is further described as being part of a
tract of land described in a deed conveyed from Garfield Clark, Jr. to Danny L. Blumrick
executed on Marchl0, 1999 as recorded in Clerk's File No. 99 012327 in the Brazoria
County Clerk's and all of a 0.9326 acre tract of land described in a deed conveyed from
Garfield Clark, Jr. to Danny L. Blumrick executed on November 28, 2000 as recorded in
Clerk's File No. 01 034492 in Brazoria County Cler's Office Brazoria County. Texas;
located at 3030 Cullen Parkway, Pearland, TX; Conditional Use Permit Application No.
CUP 2014-08, to allow for a Church, Temple, or Place of Worship within the
Neighborhood Services (NS) Zoning District at the request of Pirooz Farhoomand,
applicant; on behalf of Artisan Estates, owner; containing a savings clause, a
severability clause, an effective date and other provisions related to the subject.
WHEREAS Pirooz Farhoomand, applicant for Artisan Estates, L.P., owner, filed
an application for a Conditional Use Permit to allow for a Church, Temple, or Place of
Worship, on 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 the site plan identified as Exhibit
"C"; and
WHEREAS, on the 15th day of September, 2014, 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 "D". said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 15th day of September, 2014, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed Conditional Use Permit application for Pirooz Farhoomand,
applicant for Artisan Estates, L.P., 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 "E"; 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 regular meetings on the 13th day of October
2014 and the 27th day of October 2014; 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 Pirooz Farhoomand, applicant for Artisan Estates, L.P..
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 limits of
the City of Pearland, Texas, and presently classified as Neighborhood Services (NS). is
hereby granted a Conditional Use Permit to allow for a Church, Temple, or Place of
Worship in said zoning district; such property being more particularly described as:
Being 2.225 acre (96,940 square feet) tract of land in the H.T. & B.R.R. Co. Survey,
Abstract 309, Brazoria County, Texas. Said 2.225 acre tract is in the south one-half
of Lot 30 of the Allison -Richey Gulf Coast Home Company's part of Suburban
Gardens Subdivision as recorded in Volume 2, Page 23 of the Brazoria County Map
records and is further described as being part of a tract of land described in a deed
conveyed from Garfield Clark. Jr. to Danny L. Blumrick executed on March 10, 1999
Page 2 of 10
Ord. No. CUP 2014-08
as recorded in Clerk's file No. 99 012327 in the Brazoria County Clerk's and all of a
0.9326 acre tract of land described in a deed conveyed from Garfield Clark. Jr. to
Danny L. Blumrick executed on November 28. 2000 as recorded in Clerk's File No.
01 034492 in the Brazoria County Clerk's Office Brazoria County, Texas
Located at 3030 Cullen Pkwy. 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 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.
Page 3 of 10
Ord. No. CUP 2014-08
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
October, 2014.
ATTEST:
UNG LJ' ING,
Y SEETARY
TOM REID
MAYOR
=U;
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of October, 2014.
AQP OVED A& TO FORM:
DARRIN M. COKER
CITY ATTORNEY
> c -b-[ , Fc�l
TOM REID
MAYOR
Page 4 of 10
Ord. No. CUP 2014-08
Ordinance No. CUP 2014-08
Exhibit "A"
Exhibit A
Legal Description
Being 2.225 acre (96,940 square feet) tract of land in the H.T. & B.R.R. Co.
Survey, Abstract 309, Brazoria County, Texas. Said 2.225 acre tract is in the
south one-half of Lot 30 of the Allison -Richey Gulf Coast Home Company's part
of Suburban Gardens Subdivision as recorded in Volume 2, Page 23 of the
Brazoria County Map records and is further described as being part of a tract of
land described in a deed conveyed from Garfield Clark, Jr. to Danny L. Blumrick
executed on March 10, 1999 as recorded in Clerk's file No. 99 012327 in the
Brazoria County Clerk's and all of a 0.9326 acre tract of land described in a deed
conveyed from Garfield Clark, Jr. to Danny L. Blumrick executed on November
28, 2000 as recorded in Clerk's File No. 01 034492 in the Brazoria County
Clerk's Office Brazoria County, Texas.
Page 5 of 10
Ord. No. CUP 2014-08
Ordinance No. CUP 2014-08
Exhibit "B"
Exhibit B
Location Map
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Ord. No. CUP 2014-08
Ordinance No. CUP 2014-08
Exhibit "0"
Exhibit C
Site Plan
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Ord. No. CUP 2014-08
Ordinance No. CUP 2014-08
Exhibit "D"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of August 28, 2014.
ublisher's Representative
Sworn to and subscribed before me this 4 day of 2014.
Notary Public
My commission expires on
Bay Area Citizen • Friendswood Journal • Pearland Journal
Thursday, August 28, 2014, Page 21A
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: 2014-14Z
Notice is hereby given that on September 15, 2014 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 Council Chambers of City Hall, located at 3519
Liberty Drive. Pearland, Texas, at the request of Pirooz Farhoomand,
applicant; on behalf of Artisan Estates, L.P., owner; for approval of a
change in zoning from the Neighborhood Service (NS) zoning district
to the General Business (GB) zoning district; on approximately 2.225
acres of land, to wit:
2.225 acre (96,940 square feet) tract of land in the H.T. & B.R.R.
Co. Survey, Abstract 309, Brazoria County, Texas. Said 2.225 acre
tract is in the south one-half of Lot 30 of the Allison -Richey Gulf
Coast Home Company's part of Suburban Gardens Subdivision as
recorded in Volume 2, Page 23 of the Brazoria County Map records
and is further described as being part of a tract of land described
in a deed conveyed from Garfield Clark, Jr. to Danny L. Blumrick
executed on March 10, 1999 as recorded in Clerk's file No. 99
012327 in the Brazoria County Clerk's and all of a 0.9326 acre
tract of land described in a deed conveyed from Garfield Clark, Jr.
to Danny L. Blumrick executed on November 28, 2000 as recorded
in Clerk's File No. 01 034492 in the Brazoria County Clerk's Office.
General Location: Northwest corner of Fite Road and Cullen
Parkway, Pearland, TX
At said hearing, all interested parties shall have the right and opportunity
to appear and be heard on the subject. For additional information,
please contact the Planning Department at 281-652-1765.
Johnna Matthews
City Planner
Ordinance No. CUP 2014-08
Exhibit "D"
Exhibit D
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: 2014-14Z
Notice is hereby given that on Septem ber 15, 2014 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 Council Chambers of City Hall, located at 3519
Liberty Drive, Pearland, Texas, at the request of Pirooz Farhoomand,
applicant; on behalf of Artisan Estates, L.P., owner; for approval of a
change in zoning from the Neighborhood Service (NS) zoning district
bo the General Business (GB) zoning district; on approximately 2.225
acres of land, to wit:
2.225 acre (96,940 square feet) tract of land in the H. T. & B.R.R.
Co. Survey, Abstract 309, Brazoria County, Texas. Said 2.225 acre
tract is in the south one-half of Lot 30 of the Allison -Richey Gulf
Coast Home Company's part of Suburban Gardens Subdivision as
recorded in Volume 2, Page 23 of the Brazoria County Map records
and is further described as being part of atract of land described
in a deed conveyed from Garfield Clark, Jr. to Danny L. Blumrick
executed on March 10, 1999 as recorded in Clerk's file No. 99
012327 in the Brazoria County Clerk's and all of a 0.9326 acre
tract of land described in a deed conveyed from Garfield Clark, Jr.
to Danny L. Blum rick executed on November 28, 2000 as recorded
in Clerk's File No. 01 034492 in the Brazoria County Clerk's Office.
General Location: Northwest comer of Fite Road and Cullen
Partway, Pearland, TX
At said hearing, all interested parties shall have the right and opportunity
to appear and be heard on the subject. For additional information,
please contact the Planning Departm ent at 281-652-1765.
Johnna Matthews
City Plann er
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Ord. No. CUP 2014-08
Ordinance No. CUP 2014-08
Exhibit "E"
Exhibit E
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
September 16, 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2014-08
Honorable Mayor and City Council Members:
At their regular meeting on September 15, 2014, the Planning and Zoning Commission
considered the following:
A request of Pirooz Farhoomand, applicant; on behalf of Artisan Estates, L.P.,
owner; for approval of a CUP to allow for a church within the existing
Neighborhood Service (NS) zoning district, on the following described property:
LEGAL DESCRIPTION: Being 2.225 acre (96,940 square feet) tract of land in
the H.T. & B.R.R. Co. Survey, Abstract 309, Brazoria County, Texas. Said 2.225
acre tract is in the south one-half of Lot 30 of the Allison -Richey Gulf Coast
Home Company's part of Suburban Gardens Subdivision as recorded in Volume
2, Page 23 of the Brazoria County Map records and is further described as being
part of a tract of land described in a deed conveyed from Garfield Clark, Jr. to
Danny L. Blumrick executed on March 10, 1999 as recorded in Clerk's file No. 99
012327 in the Brazoria County Clerk's and all of a 0.9326 acre tract of land
described in a deed conveyed from Garfield Clark, Jr. to Danny L. Blumrick
executed on November 28, 2000 as recorded in Clerk's File No. 01 034492 in the
Brazoria County Clerk's Office Brazoria County. Texas.
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Ord. No. CUP 2014-08
GENERAL LOCATION: 3030 Cullen Pkwy. Pearland, TX
P&Z Commissioner Linda Cowels made a motion to approve the CUP request. The
motion was seconded by P&Z Commissioner Ginger McFadden. The vote was 6-0 and
the motion passed.
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
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Ord. No. CUP 2014-08