R2022-CUP22-00001 2022-02-28RESOLUTION R2022- CUP22-00001
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for the expansion of a church on
approximately 3.00 acres of land within the Neighborhood Service (NS)
District; being described as a subdivision of 3.0000 acres situated in the
H.T.B.R.R. Co. Survey, Abstract No. 240, City of Pearland, Brazoria County,
Texas (located at 2834 Wagon Trail Road, Pearland, Texas). Conditional
Use Permit Application No CUP22-00001, for a Conditional Use Permit (CUP)
for the expansion of a church within the Neighborhood Service (NS) District,
at the request of Candice McGuire, 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, Candice McGuire, applicant, on behalf of Julian Davis III, representing
Fellowship of Believers Baptist Church, owner, is requesting approval of a Conditional
Use Permit (CUP) for the expansion of a church within the Neighborhood Service (NS)
District, on approximately 3.00 acres of land; 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 7th day of February 2022, a public hearing was held before the
Planning and Zoning Commission 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 Planning and Zoning commission 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 Candice McGuire, applicant, on behalf of Julian
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Davis III, representing Fellowship of Believers Baptist Church, owner, for approval of a
Conditional Use Permit (CUP) for the expansion of a church within the Neighborhood
Service (NS) District; presented which, in the judgment of the Planning and Zoning
Commission have provided input and discussion; and
WHEREAS, on the 28th day of February 2022, 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 Candice McGuire, applicant, on
behalf of Julian Davis III, representing Fellowship of Believers Baptist Church, owner, for
approval of a Conditional Use Permit (CUP) for the expansion of a church within the
Neighborhood Service (NS) District; 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 the expansion of a church, in accordance with all conditions and requirements of the
Unified Development Code approved by the City Council and incorporated for all
purposes, such property being more particularly described as:
Legal Description: A subdivision of 3.0000 acres situated in the H.T.B.R.R.
Co. Survey, Abstract No. 240, City of Pearland, Brazoria County, Texas.
General Location: 2834 Wagon Trail Road, Pearland, Texas.
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
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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 Resolution 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.
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PASSED, APPROVED, and ADOPTED on this day, the 28th day of February 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
LESLIE CRITTENDEN
INTERIM CITY SECRETARY
___________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit A
Legal Description
A subdivision of 3.0000 acres situated in the H.T.B.R.R. Co. Survey, Abstract No. 240,
City of Pearland, Brazoria County, Texas.
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Exhibit B
Vicinity Map
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Exhibit C
Notification
CITY OF PEARLAND
3523 Liberty Drive, Pearland, Texas 77581
251.652.1765 FAX: 281.552.1702
www.pearlandtx.yov
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commission of the City
cf Pearland will hold a public heating on Monday, February 7, 2022, at 6:30
p.m.; and that the City Council of the City of Pearland will hold a public
hearing and resolution adoption on Monday, February 28, 2022, at 6:30
p.m., regarding:
Conditional Use Permit Application: CUP 22-00001
A request by Candice McGuire. applicant, on behalf of Julian Davis III,
representing Fellowship of Believers Baptist Church. owner, for approval of a
Conditional Use Permit (CUP) for the expansion of a church and parking on
approximately 3.00 acres of land within the Neighborhood Service (NS)
District, to wit:
Legal Description: A subdivision of 3.0000 acres situated in the H.T.B,R.R.
Co. Survey, Abstract No. 240, City of Pearland, Brazoria County, Texas.
General Location: 2834 Wagon Trail Road, Pearland, Texas.
Summary: The applicant seeks permission to build a new structure and
parking for the church on he subject property.
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber of Pearland City Hall
3519 Liberty Drive, Pearland, Texas
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 slowe( Qearlandtx.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.iearlandtx,aovioublic-hearings.