Ord. 2014CUP-05 2014-08-25ORDINANCE NO. CUP 2014-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING
5.00 ACRES OUT OF THE G.T. & B.R.R. COMPANY SURVEY, A-304 IN
BRAZORIA COUNTY, TEXAS BEING THE SAME LAND DESCRIBED AS 5.00
ACRES IN A WARRANTY DEED FROM STEVEN C. MUTH TO HOUSTON
CHINESE CHURCH, DATED JULY 5, 2007 AND RECORDED AS DOCUMENT NO.
2007039242, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED
AT THE 2500 BLOCK OF MILLER RANCH RD., PEARLAND, TX) CONDITIONAL
USE PERMIT APPLICATION NO. CUP 2014-05 TO ALLOW FOR A CHURCH,
TEMPLE, OR PLACE OF WORSHIP IN THE SINGLE FAMILY RESIDENTIAL -1 (R-
1) DISTRICT AT THE REQUEST OF RAYMOND JJ ZHUO, APPLICANT. ON
BEHALF OF HOUSTON CHINESE CHURCH, OWNER, CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
WHEREAS Raymond JJ Zhuo, applicant for Houston Chinese Church, owner,
filed an application for a Conditional Use Permit to allow for an 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 21st day of July. 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. 20001: and
WHEREAS, on the 21st day of July, 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 Raymond JJ Zhuo, applicant for
Houston Chinese Church, 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 meeting(s) on August 11, 2014; and
August 25, 2014; and
WHEREAS, the City Council, having fully heard the testimony and argument of
all interested partiesand having been fully advised in the premises. finds that in the
case of the application of Raymond JJ Zhuo, applicant for Houston Chinese 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 limits of
the City of Pearland, Texas, and presently classified as Single Family Residential — 1
(R-1), 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 5.00 acres out of the G.T. & B.R.R. Company Survey, A-304 in Brazoria
County, Texas. Being the same land described as 5.00 acres in a warranty deed
from Steven C. Muth to Houston Chinese Church, dated July 5, 2007 and recorded
as document No. 2007039242, official records of Brazoria County, Texas
Page 2 of 11
Ord. No. CUP 2014-05
Located at the 2500 Block of Miller Ranch Rd. Pearland. TX
Subject to the following Conditions:
1) The site to be developed in accordance with the attached site plan provided by
the applicant. (Exhibit "C")
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.
Section VI. This Ordinance shall become effective after its passage and
Page 3 of 11
Ord. No. CUP 2014-05
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 11th day of August,
2014.
ATTEST:
UNG jr_e- .� G,
TY S:. ' ETARY
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th
day of August, 2014.
ATTEST:
YO NG L9'R'FING; MC
Y SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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7. U';
TOM REID
MAYOR
Page 4 of 11
Ord. No. CUP 2014-05
Ordinance No. CUP 2014-05
Exhibit "A"
Exhibit A
Legal Description
Being 5.00 acres out of the G.T. & B.R.R. Company Survey, A-304 in Brazoria
County. Texas. Being the same land described as 5.00 acres in a warranty deed
from Steven C. Muth to Houston Chinese Church, dated July 5. 2007 and
recorded as document No. 2007039242, official records of Brazoria County,
Texas.
Page 6 of 11
Ord. No. CUP 2014-05
Ordinance No. CUP 2014-05
Exhibit "B"
Exhibit B
Location Map
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Page 7 of 11
Ord. No. CUP 2014-05
Ordinance No. CUP 2014-05
Exhibit "C"
Exhibit C
Site Plan
HCC PEARLAND CAMPUS
LAND USE PLAN
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Page 8 of 11
Ord. No. CUP 2014-05
Ordinance No. CUP 2014-05
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 July 3, 2014.
Publisher's Representative
Sworn to aped subscribed before me this /NA A day of /r .ot/ihc , 2014.
Notary Public
My commission expires on
-/8 -
" LUCILLE GUERRA
_'. "= Notary Public, State of Texas
;M;;,, My Commission Expires
�''•,,,, ;,`,`,,, January 18, 2016
Z1 Thursday, July 3, 2014, Page 13A
NOTICE OF A JOINT PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT (CUP) APPLICATION NO.
CUP 2014-05
Notice is hereby given that on July 21, 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, on the request of Raymond JJ
Zhuo, applicant; on behalf of Houston Chinese Church,
owner; for approval of a Conditional Use Permit to allow
for a Church, Temple, or Place of Worship within the
Single Family Residential (R-1) zoning distrct, on property
located at the 2500 Block of Miller Ranch Rd., more
specifically described as:
Being 5.00 acres out of the G.T. & B.R.R. Company
Survey, A-304 in Brazoria County, Texas. Being the same
land described as 5.00 acres in a warranty deed from
Steven C. Muth to Houston Chinese Church, dated July 5,
2007 and recorded as document No. 2007039242, official
records of Brazoria County, Texas
General Location: 2500 Block of Miller Ranch Rd.
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.
lan Clowes
Senior Planner
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
CONDITIONAL USE PERMIT (CUP) APPLICATION NO.
CUP 2014-05
Notice is hereby given that on July 21, 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, on the request of Raymond JJ
Zhuo, applicant; on behalf of Houston Chinese Church,
owner; for approval of a Conditional Use Permit to allow
for a Church, Temple, or Place of Worship within the
Single Family Residential (R-1) zoning distrct, on property
located at the 2500 Block of Miller Ranch Rd., more
specifically described as:
Being 5.00 acres out of the G.T. & B.R.R. Company
Survey, A-304 in Brazoria County, Texas. Being the same
land described as 5.00 acres in a warranty deed from
Steven C. Muth to Houston Chinese Church, dated July 5,
2007 and recorded as document No. 2007039242, official
records of Brazoria County, Texas
General Location: 2500 Block of Miller Ranch Rd.
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.
Ian Clowes
Senior Planner
Page 9 of 11
Ord. No. CUP 2014-05
Ordinance No. CUP 2014-05
Exhibit "E"
Exhibit E
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
July 22, 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re:Recommendation on CUP 2014-05
Honorable Mayor and City Council Members:
At their regular meeting on July 21, 2014, the Planning and Zoning Commission
considered the following:
A request of Raymond JJ Zhuo, applicant for Houston Chinese Church, owner, for
approval of a Conditional Use Permit to allow for a Church, Temple, or Place of Worship
in the Single Family Residential (R-1) Zoning District, on the following described
property:
LEGAL DESCRIPTION: Being 5.00 acres out of the G.T. & B.R.R. Company
Survey, A-304 in Brazoria County, Texas. Being the same land described as 5.00
acres in a warranty deed from Steven C. Muth to Houston Chinese Church,
dated July 5, 2007 and recorded as document No. 2007039242, official records
of Brazoria County, Texas.
GENERAL LOCATION: 2500 Block of Miller Ranch Rd. Pearland, TX
Vice Chairperson Daniel Tunstall made a motion to approve with the following
conditions:
Page 10 of 11
Ord. No. CUP 2014-05
1) The site to be developed in accordance with the attached site plan provided by
the applicant.
P&Z Commissioner Derrick Reed seconded. The vote was 6-0 and the motion passed.
Sincerely.
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Page 11 of 11
Ord. No. CUP 2014-05