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R2019-CUP19-00021 2019-11-18RESOLUTION 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 III, 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 III, 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 18t" 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 PEARLAND1 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 131 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. C ATTEST: MARIA E. RODRIGUEZ, INTERIM CITY SECRET DARRIN M. C6KER CITY ATTORNEY 0 TOM REID MAYOR Exhibit B Vicinity Map Exhibit C Online Notification NQTICE GF 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-flfl421 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 Wacdon 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 3 519 Liberty Drive, Pearland, Texas At f:3fl P.M., AJlonciay. November I8, 20i 9 You are receiving this notice because appraisal district records indicate thCA t you own property Yge Iin oot of the sut7Jcct property idc�ntifi%1 d 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 d)pearlandtx.gov or submit a public comment form using the above application number to reforence this case. For morn information on this requost and your involvement in the hearing process, visit our website at www.pearlandtx.gov/public-hearings.