R2018-CUP18-00013 2018-06-18 RESOLUTION R2018- CUP18-00013
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for expansion of
nonconformities and a church use located in the Single-Family
Residential (R-1) zoning district, A 4.793 acre tract in the W.D.C. Hall
League, Abstract No. 70, Brazoria County, Texas. Said 4.793 acre tract is in
Tract 1 of the Yost Partition Plat as recorded in Volume 6, Page 142 in the
Brazoria County Plat Records and is further described as being a part of a
5.103 acre tract described in a deed to Bethany Assembly of God as
recorded in Volume 1158, Page 625 in the Brazoria County Deed Records.
(Located at 3011 Yost Boulevard, Pearland, TX.) Conditional Use Permit
Application No CUP18-00013, within the Single-Family Residential (R-1)
zoning district, at the request of Cain Group represented by Chris Holley,
applicant, on behalf of Lifepointe Fellowship represented by Cecil K. Whitton,
owner, containing a savings clause, a severability clause, and an effective
date and other provisions related to the subject.
WHEREAS, Cain Group represented by Chris Holley, applicant, on behalf of
Lifepointe Fellowship represented by Cecil K. Whitton, owner; are requesting approval
of Conditional Use Permit (CUP) to allow for expansion of nonconformities and church
use on approximately 4.793 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 18th day of June 2018, 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 Cain Group represented by Chris Holley, applicant, on behalf of
Lifepointe Fellowship represented by Cecil K. Whitton, owner for approval of a
Conditional Use Permit on approximately 4.793 acres of land to allow expansion of
nonconformities and church 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 (R-1) zoning district, is hereby granted a Conditional Use Permit
(CUP) to allow expansion of nonconformities and church 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: A 4.793 acre tract in the W.D.C. Hall League, Abstract No.
70, Brazoria County, Texas. Said 4.793 acre tract is in Tract 1 of the Yost
Partition Plat as recorded in Volume 6, Page 142 in the Brazoria County Plat
Records and is further described as being a part of a 5.103 acre tract described
in a deed to Bethany Assembly of God as recorded in Volume 1158, Page 625 in
the Brazoria County Deed Records.
General Location: 3011 Yost Boulevard, Parkway, 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 Resolution shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on this ti a 18 , day o June, 2018.
TOM REID
MAYOR
ATTEST:
•
Amt.
Yi NG Ls• F 1G, T;,.1C
1 Y SEC'' TARY •••
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
A 4.793 acre tract in the W.D.C. Hall League, Abstract No. 70, Brazoria County, Texas.
Said 4.793 acre tract is in Tract 1 of the Yost Partition Plat as recorded in Volume 6,
Page 142 in the Brazoria County Plat Records and is further described as being a part
of a 5.103 acre tract described in a deed to Bethany Assembly of God as recorded in
Volume 1158, Page 625 in the Brazoria County Deed Records.
Exhibit B
Vicinity Map
.._, f /Ir-lir : . : .. .. :2,0t
Exhibit 1
,
. Zoning and Aerial Map
y / , 3011 Yost Boulevard
104.
,*
snoa '
ititit. tt. CUP 18-00013
q ,,,, A. Legend
r �. z Subject Property
,
*:.i 1 '' 311 i ` [ ' Egii4
td I
This product it for mfermattenal puTesta and
s,p� P mynas Lave Lexap P" or or 6e rtahi'
ifikrlesal,.mnnee.,[ dfrvginiparpaeaunit
:'r does mit reareeeat on on the ground tumor and
if rept'eaaente only the approximate relative lotted
1 or.
Q of property houndanea.
•k. t EE
•„Ctstc� "'2 1 inch=250 feet
- i MAI)plat
'j
l� •
'GP_GJ x PLANNING DEPARTMENT
• k
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 18-00013
Notice is hereby given that on June 18, 2018, 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 Council Chambers of City Hall,
located at 3519 Liberty Drive, Pearland, Texas, at the request of Cain Group represented
by Chris Holley, applicant, on behalf of Lifepointe Fellowship represented by Cecil K.
Whitton, owner; for approval of a Conditional Use Permit (CUP) to allow for expansion of
nonconformities and church use located in the Single-Family Residential-1 (R-1) zoning
district; on approximately 4.793 acres of land, to wit:
A 4.793 acre tract in the W.D.C. Hall League, Abstract No. 70. Brazoria County,
Texas. Said 4.793 acre tract is in Tract 1 of the Yost Partition Hat as recorded in
Volume 6, Page 142 in the Brazoria County Plat Records and is further described
as being a part of a 5.103 acre tract described in a deed to Bethany Assembly of
God as recorded in Volume 1158, Page 625 in the Brazoria County Deed Records.
General Location: 3011 Yost Boulevard, 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