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R2017-CUP17-00022 2017-11-20RESOLUTION R2017- CUP17-00022 A resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a Church, Temple, or Place of Worship in the Single -Family Residential -1 (R-1) zoning district, being 5.000 acres out of the G. T. & B. R. R. Company Survey, A-304, Brazoria County, Texas, Steven C. Muth to Houston Chinese Church dated July 5, 2017, Document No 2007039242 O. R. Brazoria County, Texas. (Located at 2515 Miller Ranch Road, Pearland, TX.) Conditional Use Permit Application No CUP 17-00022, within the Single -Family Residneital-1 (R-1) zoning district, at the request of Raymond Zhuo, applicant, on behalf of Houston Chinese Church, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Raymond Zhuo, applicant, on behalf of Houston Chinese Church, owner; is requesting approval of a Conditional Use Permit (CUP) to allow for a church, temple, or place of worship use on an approximately 5.000 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 20th day of November 2017, a Joint Special Meeting was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by online publication on the City website, a copy of which 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, 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 Raymond Zhuo, applicant, on behalf of Houston Chinese Church, owner; for approval of a Conditional Use Permit on approximately 5.000 acres of land to allow a church, temple, or place of worship use; presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT RESOLVED 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 -1 (R-1) zoning district, is hereby granted a Conditional Use Permit (CUP) to allow a church, temple, or place of worship use, subject to all requirements of the R-1 zoning district, 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 5.000 acres out of the G. T. & B. R. R. Company Survey, A-304, Brazoria County, Texas, Steven C. Muth to Houston Chinese Church dated July 5, 2017, Document No 2007039242 O. R. Brazoria County, Texas. General Location: 2515 Miller Ranch 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. Page 2 of 6 R2017 — CUP17-00022 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 Resolution shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on this the 20th dy o ovember, 2017. If b --'Q TOM REID MAYOR ATTEST: ' UNG I / RM ITY S RETARY 001111144 .*** *!i.. 1 DARRIN M. COKER CITY ATTORNEY Page 3 of 6 R2017 — CUP17-00022 Exhibit A Legal Description Being 5.000 acres out of the G. T. & B. R. R. Company Survey, A-304, Brazoria County, Texas, Steven C. Muth to Houston Chinese Church dated July 5, 2017, Document No 2007039242 0. R. Brazoria County, Texas. Page 4of6 R2017 — CUP 17-00022 Exhibit B Vicinity Map Exhibit 1 Zoning and Aerial Map CUP 17-00022 Subject Property This product a for informational purpme, and rnaFnot haea been preparad file or be ruitahle f r Irral. engmmrinx, tor ourertmx pure e . R dote not reprleent on on-tbe.ground surrey and reprea ne, only the approximate relative hautiun at property boundaries. 1 inch = 239 feet DECEMBER 2015 PLANNING, DEPARTMENT Page 5 of 6 R2017 — CUP17-00022 Exhibit C Online Notification NOTICE OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 17-00022 Notice is hereby given that on November 20, 2017, 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 special meeting in the Training Room of the Public Safety Building located on the second floor, located at 2555 Cullen Parkway, Pearland, Texas, at the request of Raymond Zhuo, applicant, on behalf of Houston Chinese Church, owner; for approval of a Conditional Use Permit (CUP) to allow for a Church, Temple, or Place of Worship located in the Single -Family Residential -1 (R-1) zoning district; on approximately 5.000 acres of land, to wit: Being 5.000 acres out of the G. T. & B. R. R. Company Survey, A-304, Brazoria County, Texas, Steven C. Muth to Houston Chinese Church dated July 5, 2017, Document No 2007039242 O. R. Brazoria County, Texas. General Location: 2515 Miller Ranch Road, 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. Martin Griggs Senior Planner Page 6 of 6 R2017 — CUP17-00022