Ord. 2000CUP-21 2008-08-25ORDINANCE NO. 2000CUP-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL
PROPERTY, SHOWN IN THE MINOR SUBDIVISION PLAT FOR SHEPHERD
OF THE HEART, BEING A SUBDIVISION OF 10.00 ACRES IN THE H.T. & B.
R.R. CO., ABSTRACT NO. 564, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (LOCF,TED ON 12005 CR 59), (CONDITIONAL USE PERMIT
APPLICATION NO. CUP2008-21), TO ALLOW A PRIVATE SCHOOL IN AN
EXISTING CHURCH FACILITY LOCATED IN THE SINGLE-FAMILY
ESTATE DISTRICT (R-E); AT THE REQUEST OF HERITAGE CHRISTIAN
ACADEMY, APPLICANT FOR SOUTH UMC, OWNER; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE
LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND
WELFARE OF THE CITIZENRY.
WHEREAS, Heritage Christian Academy, applicant for South UMC, owner, filed
an application for a Conditional Use Permit for certain property, said property being
legally described in the original applications for amendment attached hereto and made
a part hereof for all purposes as Exhibit "A", and more graphically depicted in the
location map attached hereto and made a part hereof for all purposes as Exhibit "B";
and
WHEREAS, on the 18~h day of August, 2008, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication 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
ORDINANCE NO. 2000CUP-21
WHEREAS, on the 18th day of August, 2008, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed Conditional Use Permit application by Heritage Christian
Academy, applicant for South UMC, owner, whereby the Commission recommended
approval of the Conditional Use Permit, said recommendation attached hereto and
made a part hereof for all purposes as Exhibit "D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on August 25, 2008; 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 Heritage Christian Academy, applicant for South UMC, owner,
presented which, in the judgment of the City Council, would justify the approval of said
application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate limits of
the City of Pearland, Texas, and presently classified as Single-Family Estate District (R-
E), is hereby granted a Conditional Use Permit to allow for the use of a private school in
an existing church facility; such property being more particularly described as:
Minor Subdivision Plat for Shepherd of the Heart, being a subdivision of 10.00 acres
in the H.T. & B. R.R. Co., Abstract No. 564, City of Pearland, Brazoria County,
Texas (Located on 12005 CR 59),
Page 2 of 4
Ord No 2000CUP-21
ORDINANCE NO. 2000CUP-21
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. 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 the City Council for consideration and
decision.
Section III. The City Council of the City of Pearland finds and determines that
the approval herein granted 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 Ordinance shall become effective after its passage and
approval on first and only reading.
Section VII. Declaration of Emergency. The Council finds and determines that
the need to regulate land use inures to the benefit of the public and, therefore, bears
directly upon the health, safety, and welfare of the citizenry; and that this Ordinance
shall be adopted as an emergency measure, and that the rule requiring this Ordinance
to be read on two (2) separate occasions be hereby waived.
Page 3 of 4
Ord No 2000CUP-21
ORDINANCE NO. 2000CUP-21
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the 25t" day of August, 2008.
~ ~-~
TOM REID
MAYOR
ATTEST:
Y NG R C
SE RETARY
APPROVED AS TO FORM:
~~ 1-(, ~-
DARRIN M. COKER
CITY ATTORNEY
`,,4Q~,ARLpNQ~'
at7~ c~<
' yy:
J. Itog
Page 4 of 4
Ord No 2000CUP-21
Exhibit "A"
CEIVED Application
RE Ordinance No. 2000CUP-21
JUG 2 3 2008
CUP APPLICATION 1 OF 2 (Updated May 2008)
gY:
City of Pearland
~~' "F; Community Development
~~ APPLICATION FOR
i~, 'y.
<. 3523 Liberty Drive
e - '''~- " ~ "~ A CONDITIONAL USE Pear and, Tex s 7768;
'~,~:=,;rr~'` , PERMIT (CUP) z6,~5z-,768
281-652-1702 fax
www.cityofpearlan d.com
Conditional Use Permit Request
Current Zoning District:
Property Information:
uae
Address or General Location of Property:. _ ~o2OOS' C/~, ~~
,.
Tax Account No.
Subdiv'sion:_!7 / (' ~ tZ.~ Rhs~~~ N Lot: ~ Block:~_
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
APPLICANT INFORMATION:
NAME so TF- - u M c.
ADDRESS G'1~.. S
CITY a STATE~ZIP~
PHONE( 7/Z) t~3(e-~O~~p
FAX( )
E-MAIL ADDRESS t1+2 'i'w: ~ ~.-n (D{~
'Property owner must be the curcent owner of the property at the 8me of submittal
that has the properly under contract.
As owner and a licant I h b
of the appliption, and not the party
pp ere y request approval of the above described request as provided for
by the Unified Development Code of the City of Pearland.
Owner's Signature: _ Date: 23 ~~ O$
Agent's Signature: Date: 2 B
OFFICE USE ONLY:
FEES^^^^tt O~j DATE RECEIV
PAID~1! SU -~ PAID: ~" 2 S' O S ov. n .~.r RECEIPT
NAME R~ I~4 ~ ~t~l1G /4r~ Va~.~,~
ADD ,RHEAS"S PD ~ g~~
CITY1rtGt~nJ~¢..C STATE ~Zlp~~~
PHONE(~S~ ( I ~I R~'1- GJ ]yG,
FAX(.~5~ ~ I_~jS.~~ ~~i ~~ r +
E-MAIL ADDRESS['O~t?.~~c C~3 ~ r;~L o~ nn ~'~'-
Application No. /1 /) Q Q n~ Q _ ~
CUP APPLICATION 2 OF 2 (Updated May 2008)
APPLICATION CHECKLIST FOR THE FOLLOWING
• Conditional Use Permits (CUP)
4lJ Application, filled out completely, and signed by the owner of the property to be
considered for the conditional use permit
Metes and Bounds Description, Survey, or a Plat of the property.
~_
~I Parcel map, printed from the City of Pearland website, indicating the location and
boundaries of the subject property.
Letter of Intent, explaining the conditional use permit request in detail, specifying
proposed uses, specific operations of the use, square footage of buildings,
unique characteristics of the property, and any other necessary information
f/J Application fee of $250.00, by cash, check made payable to the City of Pearland,
or credit card (Visa and MasterCard only)
L/J ite PI n or Plot Plan showing the proposed layout of the subject property,
including any proposed buildings, parking, landscaped areas, detention ponds,
fences, and any other relevant information
•:~ Heritage Christian Academy
Mors'
Raising die bar in Chrlsr(an Education
6900 Masters Rd.
Manvel, Texas 77578
www.hcapatriots.com
Phone: 281.489.9746
Fax: 281.489.7771
hcapattiots@sbcglobal.net
July 23,2008
Honorable Mayor and Councilmembers
City ofPearland
3519 Liberty Dr.
Pearland, TX 77581
Re: Conditional Use Permit for a Private School
Dear Mayor Reid and Councihnembers
Heritage Christian Academy is respectfully requesting a Conditional Use Permit to locate our operations at 12005 CR
59 at Shepherd of the Heart United Methodist Church in Pearland, TX. Shepherd of the Heart's building has been in
use for the last 10 months and is a perfect place to move the school. HCA's original plans were to be in We western
part of Pearland 5 yenta ago, but were not able to find a suitable location. This move will take us a step forward in
completing that vision.
We believe this is a compatible use with the church and the surrounding area There is an existing building that has
recently been built on the property the church currently utilizes. We would be leasing the space from Shepherd of the
Heart.
HCA's operation consists of Mother's Day Out age 18 months to 6s' Grade with full academic curriculum. The hours
of operation are from 7:OOam to 6:30pm with both before and after school care. The days of opemtion are Monday
through Friday during normal school months. We typically follow both Pearland ISD and Alvin ISD calendars.
Cutrently HCA operates under a daycare license through the State of Texas as we work towards accreditation.
We thank you for your time and commitment to this community and look forward to answering any questions you may
have.
Best regards,
~~~c~-
/Kevin Cole
HCA Board Member
Facilities Chairman
Psalm /27.3 "Behold, the children are n heritagefronr the Lord... "
Exhibit "B"
Location Map
Ordinance No. 2000CUP-21
ROSE
lIAIL C~
LOCATION MAP ~•
NORTH
CONDITIONAL USE PERMIT NO. -CUP 2008-21
Exhibit "C"
Publication
AFFIDAVIT O F P U B L ~ c.,A, ~; `~di~ ^' a No. 2000CUP-21
The Pearland Reporter News
24Q4 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER.NEV1/S, a rewspaper of general circulation in Brazoria, Harris
and Galvestgn Counties, for / issues, as.follows:
No. / Date 7 - ~tI 20
". No. ~ Date
20
No. Date
20
No. Date
20
No: Date
20
CFO .,,
Subscribe. and sworn o before me this ~ t•9 day of
20~_
~~~~~.
,(4Y YU~~°O t
~~~R, i'~ ~~<< ~y r ,. .., ,txte f
~. ,~ ~°~~ ~ ~ "'- Ann Emmons Publisher
w , ~ „r:~ ,
~~;~ ~e ~' , ,.
Notary Public, State of Texas
C,~~ a~o~-a~
NOTICE ~OF A ;JOINT.
PUBLIC HEARING OF
THE CITYCOUNCICAND
THE ,'PLANNINQ AND
ZONING COMMISSION
OF .THE CITY Op
PEARLAND,TEXAS
CONDITIONAL ~U8E
PERMIT NO. CUP200&
21
Notlce is hereby. given that
'dh August 18, 2008, ~ at
6:30 p.m.; the City Couhdl
and Planning and Zoning
of the City of
P ;;; in Brezoria; .
~H n•IS' `and Fort Bend
Counties, Texas, will con-
duct apint public hearing
in the ~Corxrdl Chembere
of City Hall, located at
3519 Uberty Drive,
Pearfend, Texan, on the
request of Heritage
Cllriatian Academy, appli-
cant for Soutli UMC,
owner, for approval of a
Conditlohal Use Permit for
the use of private. sdwa
in anexisting church fall- '
ny. located..in the. Single-
Famity Estate bistr(ct (R=
E) with a Conditlonal Use
Permit for church, an the
following tlesgibed~Prop.
erly,towit:
Minor 3ubdNision Plat for
ShepheM. of the Heart,
being "a' subdivision' M
10'.00 abres in the H.F. 8
B. R.R. Co., Abstract No.
564, City of Pearland,
Brazoda County, Texas
(Located on 12005 CR 59)
At said hearing, all inter-
ested parties shall have
the right and opportunity
t1o.~Ylq be herd on.
Mite yY'-'~'
6YN NIW IIMraO ••
Ple~~ ; .
Published July 30 end
Auguat 8, 2008
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581.
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and- Galveston Counties, for l issues, as follows:
No.
No.
No.
No.
No.
Date d 'L 20 ~_
Date 20
Date 20
Date 20
Date 20
J
CFO
Subscribe and sworn to before me this
20~
Notary Public, State of Texas
G ~P aac~~ - a i
Laura Ann Emmons, Publisher
THE CI1Y COUNCIL AND Commisalon pf 1ha Chy of CondiBaral Use Pertnft for B. R.R. Cc., Abstract Pb.:
THE PLANNING AND' Peadend; in, Brezoda, tha,uee of-private school 584, Ciry of Peadand,
'
ZONING COMMISSION Harris and Fort 'Bend` . In an'exlatlng churoh tadl• Brezoda: County. Texas
OF THE CITY OF Counties, Texas, will con- KY located in the Single-
~ (I.ocatedon 12005CR59):
PEARLAND, TE%AB duct a Jdnt pudic heafirp Pamlry Estate District (R= .
- In 1he.Council Chambers E) with a Conditlonal Uae At said hating, ex infer--~:
CONDITIONAL UEE of City Hell; located at PemNt for church, omthe sated pertles shell heve•
PERMff N0. CUPZ00& . ..3519.. LlMerty ~ Drive, following described prop.. Uta:rip~and CDDCrWntiY;
and
Published Juq 30 =~ Peedand, Texas, on the erry, to wit: to appear and be heard on
_
August 8.2008 Ndtioa k hereby gNen that request of Heritage Mbtor~Subdlvision Plat,ipr the sub)aG:
on August 18, 2008; at ChrietlaR ArxMemy, appg- S.haphar8 of the HoAft`;~ - -
'
NOTICE OF A JOINT 8;30 pAa„the Cily Council Cant for t3with UMC, being a aubdivisbn of LW KrlslMrarao "
pWLIC NlARING OF xrd Plentttp and ZoMng owner, for approval of a 10.00 aa+e M the H.T. as PMnnYtg DMrrGEor