Ord. CUP2015-10 2015-12-14Ordinance No. CUP 2015-10
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a school use and to allow
additional height to the existing steeple, Being a 9.9978 acre tract of land
out of Lots E and 105, Section No. 1, A.C.H. & B.R.R Co. survey, Abstract
Number 147, according to the plat thereof as filed in Volume 2, Page 1
Brazoria County Plat Records, Pearland, Brazoria County, Texas. (Located
at 2209 Old Alvin Rd., Pearland, TX). Conditional Use Permit Application
No 2015-10, within the Single Family Residential -2 (R-2) zoning district, at
the request of Sheila Rowley of Studio Red Architects, applicant; on behalf of
the Archdiocese of Galveston -Houston, owner; containing a savings clause,
a severability clause, and an effective date and other provisions related to
the subject.
WHEREAS, Sheila Rowley of Studio Red Architects, applicant; on behalf of the
Archdiocese of Galveston -Houston, owner; is requesting approval of a Conditional Use
Permit (CUP) to allow for a school use and to allow additional height to the existing
steeple on approximately 9.9978 acres of land on the following described property; said
property being legally described in the legal description attached hereto and made a
part hereof for all purposes as Exhibit "A," and more graphically depicted in the vicinity
map attached hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 16th day of November 2015, 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
WHEREAS, on the 16th day of November 2015, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit to allow for a Restaurant on approximately 9.9978
acres of land, 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, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 7th day of December 2015
and the 14th day of December 2015; 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 Sheila Rowley of Studio Red Architects, applicant; on behalf of the
Archdiocese of Galveston -Houston, owner; for approval of a Conditional Use Permit on
approximately 9.9978 acres of land to allow for a school use and to allow additional
height to the existing steeple; 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 City
Limits of the City of Pearland, Texas, and presently being located within the Single
Family Residential — 2 (R-2) zoning district, is hereby granted a Conditional Use Permit
to allow for a school use and to allow additional height to the existing steeple, subject to
all requirements of the R-2 zoning district and the site plan attached hereto and made a
part hereof for all purposes as Exhibit "E", in accordance with all conditions and
requirements of the current Unified Development Code and the following conditions
approved by the City Council and incorporated for all purposes, such property being
more particularly described as:
Legal Description: Being a 9.9978 acre tract of land out of Lots E and 105,
Section No. 1, A.C.H. & B.R.R Co. survey, Abstract Number 147, according to
the plat thereof as filed in Volume 2. Page 1 Brazoria County Plat Records,
Pearland, Brazoria County, Texas.
Page 2 of 10
Ord. No CUP 2015-10
General Location: 2209 Old Alvin Road, 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 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 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
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this
December, 2015.
TOM REID
MAYOR
day of
Page 3 of 10
Ord. No CUP 2015-10
ATTEST:
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SEETARY
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14th
day of December. 2015.
ATTEST:
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Y SE' ' ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
Page 4 of 10
Ord. No CUP 2015-10
ORDINANCE NO. CUP 2015-10
Exhibit "A"
Exhibit A
Legal Description
Being a 9.9978 acre tract of land out of Lots E and 105, Section No. 1, A.C.H. & B.R.R
Co. survey. Abstract Number 147. according to the plat thereof as filed in Volume 2.
Page 1 Brazoria County Plat Records. Pearland. Brazoria County. Texas.
Page 5 of 10
Ord. No CUP 2015-10
ORDINANCE NO. CUP 2015-10
Exhibit "B"
Exhibit B
Vicinity Map
446. mr
Exhibit 1
AERIAL MAP
CUP 2015-10
2209 Old Alvin Rd.
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Page 6 of 10
Ord. No CUP 2015-10
ORDINANCE NO. CUP 2015-10
Exhibit "C"
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 CUP Appli. #2015-10 a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of October 29, 2015.
Publisher's Representative
Sworn to and subscribed before me this w day of/\, IJ? UGt, 2015.
Notary Public/
My commission expires on .fp►.P-47i 6,-4-- o2U/
4:!,...t44.,„
MARILYN ZARATE
#V '= Notory Public. Stote of Texas
'sN:•, . = My Commission Expires
'T,,f),1„. �'� September 07, 2018
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 APPLICATION NUMBER:
2015-10
Notice is hereby given that on November 16, 2015 at 6:30
p.m., the City Council and Planning and Zoning Commission
of the City of Pearland, in Brazoria, Hams 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 Sheila Rowley of Studio
Red Architects, applicant; on behalf of the Archdiocese of
Galveston -Houston, owner; for approval of a Conditional Use
Permit (CUP) to allow for a school use in the Single Family
Residential -2 (R-2) zoning district; on approximately 9.9978
acres of land, to wit:
Being a 9.9978 acre tract of land out of Lots E and 105, Sec-
tion No. 1, A.C.H. & B.R.R Co. survey, Abstract Number 147,
according to the plat thereof as filed in Volume 2, Page 1 Bra-
zoria County Plat Records, Pearland, Brazoria County, Texas.
General Location: 2209 Old Alvin Road, Pearland, TX
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For ad-
ditional information, please contact the Planning Department
at 281-652-1765.
Ian Clowes
Senior Planner
Exhibit C
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 APPLICATION NUMBER:
2015-10
Notice is hereby given that on November 16, 2015 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 Sheila Rowley of Studio
Red Architects, applicant; on behalf of the Archdiocese of
Galveston -Houston, owner; for approval of a Conditional Use
Permit (CUP) to allow for a school use in the Single Family
Residential -2 (R-2) zoning district; on approximately 9.9978
acres of land, to wit:
Being a 9.9978 acre tract of land out of Lots E and 105, Sec-
tion No. 1, A.C.H. & B.R.R Co. survey, Abstract Number 147,
according to the plat thereof as filed in Volume 2, Page 1 Bra-
zoria County Plat Records, Pearland, Brazoria County, Texas.
General Location: 2209 Old Alvin Road, Pearland, TX
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For ad-
ditional information, please contact the Planning Department
at 281-652-1765.
Ian Clowes
Senior Planner
Exhibit D
Page 7 of 10
Ord. No CUP 2015-10
ORDINANCE NO. CUP 2015-10
Exhibit "D"
Planning and Zoning Commission Recommendation Letter
Planning & Zonirig Commission
Recommendation Letter
November 17, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland. TX 77581
Re: Recommendation on CUP Application 2015-10
Honorable Mayor and City Council Members:
At their regular meeting on November 16, 2015. the Planning and Zoning Commission
considered the following:
A request of Sheila Rowley of Studio Red Architects. applicant; on behalf of the
Archdiocese of Galveston -Houston. owner; for approval of a Conditional Use
Permit (CUP) to allow for a school use in the Single Family Residential -2 (R-2)
zoning district; on approximately 9.9978 acres of land. to wit:
Legal Description: Being a 9.9978 acre tract of land out of Lots E and 105.
Section No. 1. A.C.H. & B.R.R Co. survey. Abstract Number 147, according to
the plat thereof as filed in Volume 2, Page 1 Brazoria County Plat Records,
Pearland, Brazoria County, Texas.
General Location: 2209 Old Alvin Road, Pearland, TX
P&Z Commissioner Derrell Isenberg made a motion to recommend approval of the CUP
request. The motion was seconded by P&Z Commissioner Troy Pradia. The vote was
5-0 and the motion was approved. Commissioners Pradia, Starr, Tunstall. Isenberg, and
McFadden all voted in favor of the requested CUP.
Page 8 of 10
Ord. No CUP 2015-10
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 10
Ord. No CUP 2015-10
Exhibit E
Site Plan
ORDINANCE NO. CUP 2015-10
Exhibit "E"
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Page 10 of 10
Ord. No CUP 2015-10