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Ord. 509-577 04-08-02ORDINANCE NO. 509-577 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 AND GRANTING A SPECIFIC USE PERMIT FOR A CHURCH ON THE FOLLOWING PROPERTY, BEING 9.998 ACRES, OUT OF LOTS 105 AND 108, A SUBDIVISION OF A. C. H. & B. R.R. COMPANY SURVEY, SECTION 1, A-147, BRAZORIA COUNTY, TEXAS (2209 OLD ALVIN ROAD)(SPECIFIC USE NO. 101)(2209 OLD ALVIN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE (SD-(S)) AT THE REQUEST OF MONSIGNOR REGINALD R. NESVADBA, AGENT FOR DIOCESE OF GALVESTON-HOUSTON, 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, Monsignor Reginald R. Nesvadba, Agent for Diocese of Galveston - Houston, Owner, filed on January 25, 2002, 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 11th of March, 2002, 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 12th day of March, 2002, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Monsignor Reginald R. Nesvadba, Agent for Diocese of Galveston - Houston, Owner, whereby the Commission recommended and approved a change of 1 ORDINANCE NO. 509-577 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)); and; WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and concurred with the recommendation of the Planning and Zoning Commission, at a regular meeting on March 25, 2002, 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 Monsignor Reginald R. Nesvadba, Agent for Diocese of Galveston -Houston, Owner, presented which, in the judgment of the City Council, would justify the approval of said application, it is therefore, ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) to is hereby for all purposes changed and reclassified as Suburban Development District - Specific Use Permit (SD(S)); such property being more particularly described as: 9.998 acres, out of Lots 105 and 108, a subdivision of A. C. H. & B. R.R. Company Survey, Section 1, A-147, Brazoria County, Texas (2209 Old Alvin Road) IL 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 2 ORDINANCE NO. 509-577 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. 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. ORDINANCE NO. 509-577 PASSED, APPROVED, and ADOPTED on First Reading this 25 day of March 2002. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 8 day of April , 2002. ATTEST: APPROVED AS TO FORM: DA RIN COKER CITY ATTORNEY i)eic-tp '‘) TOM REID MAYOR 4 CITY OF PEARLAND ZONE CHANGE APPLICATION revised 10/20/01 Change in Zoning Classification from: to: Change in Regulations in Section #: Specific Use for: * • Church • Property address: 2209 Old Alvin Rd. • Lot105 & 108A Block: Subdivision: Metes & Bounds Description: (unplatted property only; attach survey) Tax 1.D. number: non-profit Current use of land: Church Proposed use of land: Church Record owner's name: Diocese of Galveston -Houston: Owner's mailing address: P. 0. Box 907 1700 San Jacinto Street Houston, Texas 77002 Owner's telephone number: 713-659-5461 Agent's name: Msgr. Reginald R. Nesvadba Agent's mailing address: St. Helen Church 2209 Old Alvin Road Pearland, Texas 77581 Agent's telephone number: 281-485-2421 PETITION: As owner/agent, 1 hereby petition the City for approval of the above described request as provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use ma be incompatible with current and future uses on properties in my vicinity. L, J t went & Attorneyio.Fact for the •wner s signature. Rev. Joseph A. Harem Agent's signatur :fi': i. ® Date paid: 1 e, Fees paid: $ Received by: ,-rye Application number: 101 H111191111 MN r'Iiiflullilllii 11111111111II1111111111i IIIIIIINIINI11i11 '��;.!�, IIE�'1t i111111 IIIIIIIIIflllllut Ulll�{{IIIIUtt�ir�� imii IIIIIIIIIIIIIIIiiflllllllll= 11,,,,,,1�Iy1'u`'iiS`i;i'.Fi;11f!; il,l aa111111111111= 1146, �1I1:1• I111• 4 t')� 1'�II♦41.17�II # + tf7•1=/1L • i:1�//: Ii111111111111111I111111 IIIIfi111111111111111111 11111111 I iIII1111111111111111= 1111111111llllllilll= 1111111111111111 I111i11i1111111111111111 Ii1i11IIIIN11111111� 11111iinf °2ollil`•.a'l!� H�1_II!:'!►� i :IIIII111111l1111= 111111111111 ilililiM11111lllll = IIIIIIEIIII111111111= IIIIUIIlll11111111l1111 11111111111111111111111 Iej IIIIIiIil1I11IIIUIf IIIIIII1111I11i11111 EIIIIIIililllfllllll, IIIIIIIIi lIIIIIIIIiIII IIIIIIllllill'_'.III,ti>>lniuiiiiIM L ^Etllllll!iltlllllll!7 llllflillllllillllfi 11111111111I11111I11 11111111111111111111 111111111111111111111111 111111111111111111111111 ! Iii111111iil11I11111WI1 111111111111111111111111 111111111111IIfi1i111111 IIIIIi11111111Mi t1to i.` :liiiil"�iuoiLall 'Im111:l l l l 11111'!;! 1111111111 f 11111811111! ,. �� t,�,,, �,,i►�,lq►1i1�11i v� Ili:a,.� „I _IIIIII 11►11nmUlll► 11111if 1I111111I1E1111{i' 41111111I111111111111111i11III11I11111ll111111 ttuntt1 W11114111iiii z+ O 0 O Z o c= O^ O ctYcn >p Q. > < to wow � N '5 V Q. 0 CP R-3 - -L �R2 iii 111111 -iII 141Laviiievell //, /// SDR • S R SIR R- Specific Use Application No. 101 Diocese of Galveston -Houston 2209 Old Alvin Road (SDR-SDR(S)) W s 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 n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for issues, eslollows: No. 1 Date 20L._ : 02 --.2...o No. Date s_ - - 20 .r No. Date . 20 No. Date 20 No. Date 20 4 President Subscribe and sworn to before me this day of 144 . 7, Laura Ann Emmons, Publisher *,7rj*INct,„ L,,,:te of egas 1- ,4„,?1,/ Commission Expires 9-9-02 Notary Public, State of Texas Specific Use Permit No. 101 Published Feb. 20 & Feb. 27, 2002 NOTICE OF A JOINT PUBUC HEARING OF THE 'CITY COUNCIL AND THE 'PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that en the 11th day of Mparch,,��2002, at :p.m., City. Council and the;l?lanning and Zoning Commission of theCityof;' Pearlend, Brazoria, Harris; and Fort Bend Counties.` Texas; -Will conduct a Joint , Public Hearing in the _Council Chambers, City Hall, 30-9;; Liberty Drive, ,Pearlend,; Texas, on the request et Msgr. Reginald R. Nesvadba, agent for Diocese of Galveston -Houston, owner, for a Specific Use Permit for church on the following described property, to wit: 9.998 acres out of ,Lots 105 and 148, .a subdivision of A.C.H. 8 B R R . Co. Survey, Section 1, A-147, Brazoria Co., TX (2209 Old Alvin Road) At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. SPECIFICi APPUCAT AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties , Randy Emmons, hereby certify that the notice hereby appended was published n Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general :irculation in Brazoria, Harris & Galveston Counties, for / issues,es-follows: No. / Date .2 -d-� 20 D 2 No. Date 20 No. Date 20 No. Date 20 No. Date 20 subscribe and sworn to before me this 0 61-- 4 gvna-A...._ President day o �f f�� `. L�_~� A. i, �� Laura Ann Emmons, Publisher CC��t„- Zicn Epp. -es 9 9 2 dx ..Notary Public, State of Texas Specific Use Permit No. 101 Published Feb. 20 & Feb. 27, 2002 NOTICE 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 11th day of March, 2002, at 6:30 p.m., the City Council. and the Planning andrZoning Commission of thCity of Pearland, Brazoria Harris, and Fort Bend Cod#' Texas, will conduct. �Jolnt: Pk i►1in�..:- ' .. Chamber*, 0it> If, 3519 Liberty:lchive, 'Pearland, Ts, on the request of Mgr. Reginald;R, Neavadba, agent for Dime. —Or Galveston -Houston, owner,. for a Specific Use Permit for a church on the fallowing described property, to wit: 9.998 acres out of Lots 105 and 108,`a subdivision of A.C.H. & B R R. Co. Survey, Section 1,' A-147, Brazoria Co., TX (2209 Old Alvin Road) At said hearing all interested parties shall have the right and opportunity to appear and beheard on the subject. /s/ Mona Ann Phipps Development Co°ordfhator SPECIFIC U$E Pam, ty APPLICATIONNO 101 March 12, 2002 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON SPECIFIC USE APPLICATION NO. 101 Request of Msgr. Reginald R. Nesvadba, agent for Diocese of Galveston -Houston, owner for an amendment to the Land Use and Urban Development Ordinance from classification Suburban Development District (SD) to Suburban Development Residential District -Specific Use (SDR(S)) for a church on the following described property, to wit: 9.998 acres, out of Lots 105 and 108, a subdivision of A. C. H. & B. R.R. Co. survey, Section 1, A- 147, Brazoria Co., TX (2209 Old Alvin Road) Honorable Mayor and Council Members: At a regular meeting held on March 11, 2002, immediately following a Joint Public Hearing, the Planning and Zoning Commission considered the above -mentioned request. Vice -Chairman Donald Glenn made a motion to forward the Specific Use Application No. 101 to City Council for approval with a second made by Commissioner Russ Selemon. Motion to approve passed 5 to 0 (1 abstention by Chairman Charles Viktorin) This is submitted for your consideration. H. Charles Viktorin, Chairman Planning & Zoning Commission HCV/jmg Page 1 of 1