Ord. CUP 19- 00021 2019-11-18 RESOLUTION R2019- CUP19-00021
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow a church within Neighborhood
District (NS) District, Being 3.00-acre tract of land situated in Lot 80 of
Figland Orchard Subdivision as recorded in Volume 3, Page 77 of the Plat
Records of Brazoria County, Texas, said Figland Orchard Subdivision being
a part of Section 13, H.T. & B.R.R. Company Survey, Abstract 240,Brazoria
County, Texas. (Located at 2834 Wagon Trail Rd. Pearland,
TX). Conditional Use Permit Application No CUP19-00021, within the
Neighborhood Service (NS) District, at the request of Joshua Calip,
applicant, on behalf of Julian Davis Ill, representing Fellowship of Believers
Baptist Church, owner, containing a savings clause, a severability clause,
and an effective date and other provisions related to the subject.
WHEREAS, Joshua Calip, applicant, on behalf of Julian Davis Ill, representing
Fellowship of Believers Baptist Church, owner, is requesting approval of a Conditional
Use Permit (CUP) to allow a church on a 3-acre tract of land located within the
Neighborhood Service (NS) District 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 of November, 2019, 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 advertised in the premises, finds that in the
case of the application of, Joshua Calip, applicant, on behalf of Julian Davis III,
representing Fellowship of Believers Baptist Church, owner for approval of a Conditional
Use Permit to allow a church on a 3-acre tract of land; 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) District, is hereby granted a Conditional Use Permit (CUP)
for a church, subject to all requirements of the Neighborhood Service (NS) District, in
accordance with all conditions and requirements of the 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 3.00-acre tract of land situated in Lot 80 of Figland
Orchard Subdivision as recorded in Volume 3, Page 77 of the Plat Records of
Brazoria County, Texas, said Figland Orchard Subdivision being a part of Section
13, H.T. & B.R.R. Company Survey, Abstract 240,Brazoria County, Texas
General Location: 2834 Wagon Trail, 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 and to City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the Resolution 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 Resolution 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.
PASSED, APPROVED, and ADOPTED on this the 18th day of November, 2019.
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�). I'SrTOM REID
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MAYOR
ATTEST: Ito-
MARIA E. RODRIGUEZ, T C
INTERIM CITY SECRETAR
DARRIN M. C KER
CITY ATTORNEY
Exhibit B
Vicinity Map
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Exhibit C
Online Notification
NOTICE OF A SPECIAL JOINT PUBLIC HEARING OF THE CITY
COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE
CITY OF PEARLAND, TEXAS, REGARDING:
Conditional Use Permit Application: CUP 19-00021
A request by Joshua Calip, applicant, on behalf of Julian Davis III,
representing Fellowship of Believers Baptist Church, owner, for approval
of a Conditional Use Permit (CUP) for a church on approximately 3.00
acres of land within the Neighborhood Service (NS) District; to wit:
Legal Description: Being 3.00-acre tract of land situated in Lot 80 of
Figland Orchard Subdivision as recorded in Volume 3, Page 77 of the Plat
Records of Brazoria County, Texas. said Figland Orchard Subdivision
being a part of Section 13, H.T. & B.R.R. Company Survey, Abstract 240,
Brazoria County, Texas.
General Location: 2834 Wagon Trail Road, Pearland, TX_
Summary: The applicant proposes to use the old Elks Lodge building for
regular church services.
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber at City Hall
LOCATED AT
3519 Liberty Drive, Pearland, Texas
At 6:30 P.M., Monday, November 18, 2019
You are receiving this notice because appraisal district records indicate
that you own property within 200 feet of the subject property identified on
the attached map. You are invited to attend the public hearing and voice
your support or opposition for the above reference request. If you have
comments please feel free to email them to agonzales@pearlandtx_gov or
submit a public comment form using the above application number to
reference this case. For more information on this request and your
involvement in the hearing process, visit our website at
www.pearlandtx.gov/public-hearings.