R2018-CUP18-00020 2018-11-19 RESOLUTION R2018- CUP18-00020
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a church within the
Neighborhood Service (NS) zoning district.; a certain tract of land out of
Tract "A" of the Final Plat of West Side Plaza, an addition to the City of
Pearland, Brazoria County, Texas, according to the plat recorded in Volume
17, Pages 279-280, Plat Records, Brazoria County, Texas.. (Located at
5040 Broadway, Suite 5070, Pearland, TX.) Conditional Use Permit
Application No CUP18-00020, within Neighborhood Service (NS) zoning
district, at the request of Universal Church represented by David Micena
Neto, applicant, on behalf of Westside SC Pearland Ltd, owners, containing
a savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, David Micena Neto, applicant, on behalf of Westside SC Pearland
Ltd, owner; is requesting approval of a Conditional Use Permit (CUP) to allow for a
church on approximately 5.044 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 19th day of November 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 David Micena Neto, applicant, on behalf of Westside SC Pearland
Ltd, owners; for approval of a Conditional Use Permit on approximately 5.044 acres of
land to allow four a church; 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
Neighborhood Service (NS) zoning district, is hereby granted a Conditional Use Permit
(CUP) to allow a church, subject to all requirements of the NS 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 certain tract of land out of Tract "A" of the Final Plat of
West Side Plaza, an addition to the City of Pearland, Brazoria County, Texas,
according to the plat recorded in Volume 17, Pages 279-280, Plat Records,
Brazoria County, Texas.
General Location: 5040 Broadway Street, Suite 5070, 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 the 19th day of November, 2018.
,90/C1-----at*)
TOM REID
MAYOR
ATTEST:
.„,t,„,,„
/i"./.(
4. NG 44N , TR► C ; . "
YSE RETA'Y
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
A certain tract of land out of Tract "A" of the Final Plat of West Side Plaza, an addition to the
City of Pearland, Brazoria County, Texas, according to the plat recorded in Volume 17, Pages
279-280, Plat Records, Brazoria County, Texas.
Exhibit B
Vicinity Map
. , 1 ••_:4_•._. " . •i
I. • r.• 'Tf z� • 3 Exhibit 1
, •. ._ Z r.. m ,N). , .•t. `
0 r' - ••I v z "rte CUP 18-00020
e z �/ 1 Zoning and Aerial Map
-< ,0 1 /'
_ The Universal Church
._ r
4 - 4. .k "wl+ d yt ?GB 5040 Broadway St.
x^
T''"f r if', \ : : ,. r 1 _
T
i —;_ . & .++ '� W WALNUT ST' ....
BROADWAY ST r 1
y rt ii _IC' SOP •. • . i TI-
4 Legend
NSt ,;. .r i. \ QSubiecrProperty
. �SIL ? � ♦�B
1.
.iI , iiiiiidUlai
(' < t -
` = Q 1x �.0 pada t 1 M ud..rmr)er 1 v a a
v.
r p wa w nw�w.+ra.>t� w :3
0C CAR f ,, J lZ 1 T r a.kc 1 a _r,-.e.a:n..,.-ins v.9 i
're' MON} W r s0 ,w.u.�r....n. tm�e.....t J
A LN H rtp+em.. k F.arP.alcN r. v. k.ariue
= u R.2 ,:/"'",*- • • 1 t,, • o
). .4 r--• t inch=250 feet
IADP . . . . . t . �-. NOV E MRER Pup.
E. . NosDR •.
�� 1 `.' _ {'I ANT IY/ DR{.1R IDIR\T
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 18-00020
Notice is hereby given that on November 19, 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 The Universal
Church, applicant, represented by David Micena Neto, on behalf of Westside SC
Pearland LTD., owner, represented by Robby Hecht; for approval of a Conditional Use
Permit (CUP) to allow for church, temple, or place of worship use located in the
Neighborhood Services (NS) zoning district; on approximately 5.044 acres of land, to wit:
A certain tract out of Tract "A", of the final plat of West Side Plaza, a subdivision of
Brazoria County, Texas, according to the map or plat thereof recorded in Volume
17, pages 279-280, Plat Records, Brazoria County, Texas
General Location: 5040 Broadway, suite 5070, 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
Planning Manager