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Ord. 2000CUP-55 2011-10-24ORDINANCE NO. 2000CUP -55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING LOT TWENTY -FIVE (25), LOT TWENTY SIX (26), LOT TWENTY -SEVEN (27), LOT TWENTY -EIGHT (28), LOT TWENTY -NINE (29), LOT THIRTY (30), AND LOT THIRTY -ONE (31), BLOCK ONE (1), OF PEARLAND TOWNSITE, AN ADDITION IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 29, PAGE 41, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS LOCATED AT 2246 N. WASHINGTON, PEARLAND, TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011 -10), TO ALLOW THE OPERATION OF AN INSTITUTION OF RELIGIOUS, EDUCATIONAL, OR PHILANTHROPIC NATURE (ADULT READING CENTER), IN THE OLD TOWNSITE RESIDENTIAL (OTR) DISTRICT AT THE REQUEST OF MRS. DALE E. PILLOW, APPLICANT AND ADULT READING CENTER, INC., OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS Mrs. Dale E. Pillow, applicant, on behalf of Adult Reading Center, Inc., owner, filed an application for a Conditional Use Permit to allow the operation of an Institution of Religious, Educational, or Philanthropic Nature, on 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 19 day of September 2011, 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 -55 WHEREAS, on the 19 day of September, 2011, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed Conditional Use Permit application for Mrs. Dale E. Pillow, applicant, on behalf of Adult Reading Center, Inc., 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 regular meeting(s) on October 10, 2011 and October 24, 2011; 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 Mrs. Dale E. Pillow, applicant, on behalf of Adult Reading Center, Inc., 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 Old Townsite Residential (OTR), is hereby granted a Conditional Use Permit to allow for the operation of an Institution of Religious, Educational, or Philanthropic Nature in said zoning district; such property being more particularly described as: ORDINANCE NO. 2000CUP -55 Lot Twenty -five (25), lot Twenty -six (26), lot Twenty -seven (27), lot Twenty -eight (28), lot Twenty -nine (29), lot Thirty (30), and lot Thirty -one (31), Block One (1), of PEARLAND TOWNSITE, an addition in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41, of the Plat Records of Brazoria County, Texas Located at 2246 N. Washington, Pearland, TX Section 11. 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 111. 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. ORDINANCE NO. 2000CUP -55 Section VI. This Ordinance shall become effective after its passage and approval on second and final reading. ATTEST: PASSED, APPROVED, and ADOPTED on First Reading this 10 day of October, 2011. ATTEST: 1 G R'"'e T YSE''ETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24 day of October, 2011. APP OVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY r TOM REID MAYOR c 2c.-t-ce TOM REID MAYOR APPLICATION FOR A CONDITIONAL USE PERMIT (CUP) Conditional Use Permit Request for: le1.54 4 ui-f d Re d fCcd (list proposed use from the T ble of thes of the UDC) r (1(kr/1 ror s c., Iragrp_ 3T -R Current Zoning District: Property Information: AmAitue.. Address or General Location of Property: c e q6 Ai Wa 6 nG n Tax Account No. R3 6 8 I L I (ex eidyi -0-1/ rt" r 't` K es) Subdivision:4 i Ot oy S t t t. Lo t: 31 Block: 1 OFFICE USE ONLY: A complete application must include all information Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME /halt kea,dirj (PMT .1^, rrn ADDRESS ZZ�� at>~`�ilisi 411 ICUei1Lte. CITY Pe,QYltcmc STATE TT ZIP7 /T8'I PHONE( as' Li gs% 1000 FAX( (AS"! q8S. 3473 E -MAIL ADDRESS i }ik 4 -erar fit Sbe3 (oh v\e± Exhibit "A" Application Ordinance No. 2000CUP -55 CUP APPLICATION Page 1 of 6 (Updated June 2010) City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281- 652 -1768 281 652 -1702 fax www.cityofpearland.com shown on the APPLICANT /AGENT INFORMATION: NAME 7 ADDRESS d WO 5f il enue_, CITY Pea,. STATE 7"X ZIP 77Sg PHONE( o ft i' 7 S MOO FAX( o2.8) q gs 34 E -MAIL ADDRESS I n I i fe.YGt G SbC.Aloba.l. n e_t the time of submittal of the application, and not the party 'Property owner must be the current owner of the property at that has the property under contract. As owner and applicant, I hereby request approval of the above described request as provided for by the Unified Development Code of the City of Pearland. Owner's Signature: Agent's/ Applicant's Signature: t PIU-07J j Date: Application No. RECEIPT NUMBER: 7— /6-- 1/ Date: 1 7-13-11 FEES PAID: DATE PAID: RECEIVED BY: Adult Reading Center Inc. From: Rushi Patel [rushi29a©hotmail.com] Sent: Friday, July 15, 2011 11:09 AM To: Dale Pillow Subject: CUP _Email To Whom it may concern: I am the President of the Board of Directors of the Adult Reading Center. The Board has authorized Dale Pillow, Executive Director, to prepare, sign and submit the Application for Conditional Use Permit on behalf of the Adult Reading Center. Regards, Rushi 7/15/2011 Page 1 of 1 42534 DATE: September WARRANTY DEED WITH VENDOR'S LIEN 1998 GRANTOR: MARSHALL EGGERS and wife KAREN EGGERS GRANTOR'S MAILING ADDRESS (including county): 2246 Washington Pearland, Brazoria County, Texas, 77581 GRANTEE: ADULT READING CENTER, INC., A Texas Non- Profit Corporation GRANTEE'S MAILING ADDRESS (including county): P. 0. Box 1528 Pearland, Brazoria County, Texas, 77588 -1528 CONSIDERATION; Ten and No /100 Dollars ($10.00) and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by the Grantee of its one certain promissory note of even date herewith for the sum of $125,000.00, payable to the order of FIRST COMMUNITY BANK, N,A., with interest prior to maturity as therein set out, both principal and interest payable as set forth in said note, said note containing the usual acceleration of maturity and attorney's fee clause, said note being further secured by deed of trust of even date herewith from Grantee to NIGEL J. HARRISON, as Trustee. PROPERTY (including any improvements): Lot Twenty -eight (28), Lot Twenty -nine (29), Thirty (30), and Thirty -one (31), Block One (1), of PEARLAND TOWNSITE, an addition in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41, of the Plat Records of Brazoria County, Texas. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made and accepted subject to all mineral reservations, restrictions,.. .easements, coven int.s and conditions if any, of record, but only to the extent that they affect the above described property. Grantor, for the consideration and subject to the reservations from and exceptions td conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee 1 and Grantee's heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exception to conveyance and warranty. The vendor's lien against and superior title to the Property are retained until each note described above is fully paid according to its terms, at which time this Deed shall become absolute. Noteholder, at Grantee's request, has paid in cash to Grantor that portion of the purchase price of the Property that is evidenced by the note referenced above. The vendor's lien against and superior title to the Property are retained for the benefit of noteholder and are transferred and assigned to noteholder without recourse on Grantor. When the context requires, singular nouns and pronouns include the plural. STATE OF TEXAS This instrument was acknowledged before me on the day of September, 1998, by MARSHALL EGGERS and KAREN EGG RS. f ql TER SA4.FIAS1Y i4 thr`i PUBS, Stara tU (A;d4 Ecla tdVaital tY, cEt2k2NrrE a AFTER RECORDING RETURN TO Alamo Title Company 2518 Westminister Pearland, TX 77581 2 MARSHALL EGGE V KAREN EGGERS NOTARY PUHrIC, pTTATrt F,,TE7XA8 PREPARED IN THE LAW OFFICE OF: Glenn M. Chaney P.O. Box 36 Pearland, Texas 77588 TIIE STATE OF TEXAS COUNTY OF EflAZONIA DOW! DAILEY, Clwknl Ihn County Court In and for 13mmrlo County. wad ILED FOR An RECOROED n h CFFICIAL 1 REC�ORS at fha time and datu 'tamped heron by mo, County Clerk al DraaodaCo TX 98 042533 DATE: September 2, 1998 GIFT DEED GRANTOR'S MAILING ADDRESS (including county): 2246 Washington Pear:Land, Brazoria County, Texas, 77581 1 GRANTOR: MARSHALL EGGERS and wife, KAREN EGGERS GRANTEE: ADULT READING CENTER, INC., A Texas Non- Profit Corporation GRANTEE'S MAILING ADDRESS (including county): P, O. Box 1528 Pearland, Brazoria County, Texas, 77588 -1528 Alamo line .30 CONSIDERATION: As a gift to a charitable organization, the Grantee named above. PROPERTY (including any improvements): Lot Twenty -five (25), Twenty -six (26), and Twenty -seven (27), Block One (1), of PEARLAND TOWNSITE, an addition in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41, of the Plat Records of Brazoria County, Texas. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made and accepted subject to all mineral reservations, restrictions, easements, covenants and conditions, if any, of record, but only to the extent that they affect the above described property. Grantor, .for_the cons.idarat cn_and subject to the reservations from and exceptions to conveyance and warranty, gives, grants, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrator, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to warranty. When the context requires, singular nouns and pronouns include the plural. STATE OF TEXAS s TEREaAG„RiAS Y Notary PUSIM, Stahl SI Tames y ileMen1attO0 E9yfrnt LvA4•wo. Sy PLEASE RETURN TO; Alamo Title Company 2518 Westminister Pearland, TX 77581 MARSHALL EGGERS KAREN 'EGGERS U W This instrument was acknowledged before me on the 2gth day of September, 1998, by MARSHALL EGGERS and wi,fie, KAREN EGGERS. "NOTARY PUBL C, TATE —OF THE STATE OP TEXAS COUNTY OF aHAZQHIA I. DOILY DAILEY,, CIS; of Mo County Court h and (or t n 4. Colt Toxee do lively meet thel ,yo tot/unnnt was FILED RA1 RECORD and RECORoE01n the OFFIGIAL•H caRO at Ow Om aad dale 4 a!arnpod hereon Lyme. •auniy CIar6 of Wanda 5 PREPARED IN TTIE LAW OFFICE OF: Glenn M. Chaney P. 0. Box 36 Pearland, TX 77588 o C>9 PJ .Q Ig Planning purposes only Not survey grade. W JASC.In E ET Vicinity Map Pearland, TX ADULT READING CENTER, INC. LINK TO LITERACY 2246 N. Washington Avenue Pearland, TX 77581 -4040 July 13, 2011 City of Pearland, Texas Planning Department Re: Application for Conditional Use Permit To Whom It May Concern: The Adult Reading Center is requesting a Conditional Use Permit in order to fully and efficiently utilize our property located at 2246 N. Washington Avenue, Pearland. This property is located in the Old Townsite. The CUP is being requested in order that we may proceed with improvements to the property including the expansion of our parking lot along Washington Avenue and the addition of less than 500 square feet of space added to the main building. The Adult Reading Center is a non -profit adult literacy program that provides free instruction to adults with Iimited English literacy skills. Key initiatives of the Center are: Adult Basic Education, GED, English for Speakers of Other Languages, Citizenship, Family Literacy, Computer literacy, and Workforce Education and Job Skills Training. The square footage of the two buildings on the property are: Main building, 2,155 square feet; Annex building, 1,465 square feet. The main building houses offices, testing area, tutoring area, computer learning lab, and a break room. The annex building houses 2 large classrooms, 2 small group rooms, and tutoring carrels. As a nonprofit organization, the Center requests a waiver of the $250.00 application fee. Phone: 281 -485 -1000 Fax: 281 -485 -3473 E -Mail: linktoliteracy @sbcglobal.net www.adultreadingcenter.org (Mrs.) Dale E. Pillow Executive Director 4 7( m EVE E '001 MI 0 f r L af WY t ag.) 311N3AV ao V NVS hti/ ELE co tEEEE 5 POSTING OF ZONING NOTIFICATION SIGNS ON PROPERTY UNDER CONSIDERATION FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT) Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP), or a variance shall be required to erect and maintain a sign(s), to be inspected by the City, upon the property for which a variance or zoning change has been requested. Such sign(s) shall be located as follows: (1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting street, or as determined by the City, (2) So as to be clearly visible and readable from the public right -of -way and not obstructed in any manner, (3) So as not to create a hazard to traffic on the public rights -of -way abutting the property. (4) On the subject property at least ten (10) days prior to the hearing of such zoning change request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant. Removal of the sign by the applicant prior to a recommendation by the Planning and Zoning Commission and /or a final decision by the City Council shall constitute a withdrawal of the request. (5) The signs shall be as follows: CUP APPLICATION Page 6 of 6 (Updated June 2010) A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4 feet At least 2 feet above the ground Blue or blaok lettering that is a minimum of 3 inches by 1/2 inch, on a white background Message content as follows: PROPOSED (SPECIFY REQUEST Contact City of Pearland 281-652-1768 *Signs must be professionally made; handwritten signs are not allowed, 'Signs must be freestanding and cannot be attached to a tree, fence, or building. Screen Print from AbleTerm session (brazoria) 03:02 PM 06/06/2001 Prop ID: XRef ID: Legal Property Property Assessed 0 HS Value 0 Entity Ex. Codes 1. GBC None 2. RDB None 3. SPL None 4 CPL None 5. DR4 None This Property is Fully Exempt Property Exemption Summary P236814 (Real Property) 7025 -0008 -000 PEARLAND, BLOCK 1, LOT 25 Owner: ADULT READING CENTER INC (274469) 2246 WASHINGTON ST PEARLAND, TX 77581 -4040 Exemptions EX1 Pct. Amount Std. Amount Tot. Amount 0 0 0 0 0 0 0 Enter Number of Entity to View, or "RETURN° to Exit: 0 0 0 0 0 0 e 0 Taxable 73,660 73,660 73,660 73,660 73,660 December 7, 2008 Mrs. Dale E. Pillow Executive Director Adult Reading Center, Inc. 2246 N. Washington Avenue Pearland, TX 77581 Dear Dale, I am summarizing our discussion regarding the best zoning option for the Adult Reading Center in the following pages. The property is currently zoned (Old Townsite Residential (OT -R) zone that requires a Conditional Use (CUP) for the proposed use classified under Institution of Religious, Educational, or Philanthropic Nature. Since a CUP has not been approved for the use, it is currently non conforming. The property was zoned Neighborhood Services (NS) prior to its classification as OTS -R, during the adoption of the new zoning map in 2006. The current use is a permitted use under the NS zone. There are two options: a. Get the property re -zoned to prior classification of NS, or b. Apply for a CUP. The OTS zoning was created in 2006 to encourage development of new uses and expansion of existing uses in OTS. The OTS designation recognized that while the quadrant was predominately residential, a number of other uses existed in Old Townsite, thereby lending a desirable mixed use character. The OTS —R zone, that the North West quadrant of Old Townsite is zoned, allows uses permitted in an Office Professional (OP) district by CUP to ensure that the non residential uses are compatible and would not adversely affect the existing residential uses in the quadrant. The UDC states: The purpose of the Old Townsite District (OT) is to: (1) Promote good building and streetscape design. (2) Reinforce existing land use patterns and character. 3519 LIBERTY DRIVE PEARLAND, TEXAS 77581 281 652 -160G www.ci.pearland.tx.us Printed on Recycled Paper 0 1 (3) Categorize area into zoning districts as per the UDC with modifications, (4) Promote downtown as a walkable, pedestrian friendly district. (5) Promote multiple types of development and uses, (6) Set forth general provisions and architectural regulations to ensure quality Of streetscape and building construction, (7) Allow reduced parking ratios, shared parking and flexibility to encourage re -use of existing buildings. (8) Allow flexibility in building codes and facade requirements to encourage relocation and re -use of existing buildings, (9) Emphasize mixed uses and focus on the atreetscape and public spaces to create pedestrian friendly mixed -use developments. Specifically, for this site, the OTS allows greater flexibility, as compared to other nonresidential zones (NS, OP, GB etc.) in the following manner: OTS zone allows reduction of required parking spaces by 50% for existing uses. The UDC states: Non residential uses in existing structures may be permitted to reduce by fifty percent (50 the number of parting spaces required by the UDC for that use. The number of parking spaces may be reduced even further as determined by a traffic report and approved by the City of Pearland. All new additions, and existing and now multi- family uses, shall meet the parking requirements in chapter 4 of the UDC, unless specified herein. 2. Unlike other zones, OTS allows sharedparking between properties within (500'), without the approval of a special exception by ZI3A. Any time the property expands in size, shared parking provision can be utilized without getting approvals from ZBA for each expansion. The UDC states; Shared parking between properties shall be permitted as long as the total number of parking spaces meets the requirements of subsection 2 above for each use and all parking spaces as required under subsection 2 above are located within five hundred (500) of the building. T.inlike other zones, OTS allows "head -on" parking from the street. This would permit the existing parking to continue, with cars backing into the street. The UDC states; Parking spaces or parking areas located within the Old Townsite may use adjoining public or private streets for maneuvering room, provided; a. No parking space encroaches upon any right -of -way, public or private; b. No parking space Is located closer than ten feet (10) to a ROW intersection; c, The design and construction of the parking spaces compiles with the standards found in Section 4,2.1.3; and 2 Sincerely, d. Sidewalks are constructed betw the parking spaces as allowed herein and all buildings on the property. in terms of yard and tot size requirements, OTS zone, in this situation, permits smaller yards as compared to the NS zone, as shown in the following comparison. Requirements NS O'TS -R Minimum lot Area 12,500 s,f. 3,000 s.f. Front Yard 25' 20' Rear Yard 15' 7.5' (for this lot due to (Abutting alley) adjacency to residential use Side Yard (along the north side) The approval of a CUP for this site would be in conformance with the purpose stated in. the UDC: The purpose of a Conditional Use Permit is to allow the establishment of uses which may be suitable only in certain locations In a zoning disble( or only when subject lo standards and conditions that assure compatibility with adjoining uses, Conditional uses are those uses which are generally compatible with the permitted land uses in a given zoning district, hut which require individual review of their proposed location, design and configuration, and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. Due to these provisions, and examining the purpose of the OILS district and CUP, it seems that a CUP with th,; existing OTS -R zone would be beneficiary and appropriate for the site. Additionally, both zone change and CUP would need additional special exceptions to address existing non conformities, if any exist on site. If you have any more questions er need any information, i will be happy to assist you. ata `7Cjisf:narao Planning Director 25' buffer with masonry fence Same as NS or 30' buffer without fence APPLICATION CHECKLIST FOR THE FOLLOWING Conditional Use Permits (CUP) CUP APPLICATION Page 2 of 6 (Updated June 2010) Application, filled out completely, and signed by the owner of the property to be considered for the conditional use permit. If the applicant is the designated agent, the application shall include a written statement from the property owner authorizing the agent to file the application on his behalf, Section 1,2.1.1 (a) of the Unified Development Code. r Lcir Metes and Bounds Description, (Survey, or a Plat of the property that contain the metes and bounds description). Parcel map, printed from_the City of Pearland website, indicating the location and boundaries of the subject property. jketter 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 properly, and any other necessary information Application fee of $250.00, by cash, check made payable to the City of Peariand, or credit card (Visa and MasterCard only) (Site Plan 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 [+Acknowledgement of the sign to he posted on the property 10 days prior to the public hearing 'rovide evidence or proof that all taxes and obligations have been paid regarding the subject property. Application packets that are not complete will not be accepted. 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NE N NN..NN..ENa N1N.. ..EN..N.1..1 N PEARLAND AVE ■.MMEMONM.■■■...r...Na.E.E ■a.uENMrr...ul E..u...lr1..E■ iiiiriEMONMONNENNEiiNNOR ES 0- iN a R_- MME auIEErrUEirriii•RUE1OE•EE■ 7aMM EM....••••••a....rrrar...E.1 MONON.aM..MMMMMMM.M.rrNrEM.aM■ MMMMMMriaMMMMMMMMrrNWOMMNrur N AUST N AVE .N.a. a 1. lrrErrMa�riiriNUENErl..E.....r• IMMUNE u■ ■r..EN.M.....EN.....M.N.arr..r.r ....E.Maaa.MMMEMNO■ Imummismummommessimanomminummummaimm .a... .M.ia.N.Er.ra. w :ate of Texas 'azoria and Harris Counties AFFIDAVIT OF PUBL1_ No. Date e` 3 No. Date No. Date No Date No. Date The Pearland Reporter News 2404 Park Avenue Pearland, Texas 77581 Lloyd Morrow, hereby certify that the notice hereby appended was published in -1E REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and alveston Counties, for issues, as follows: ibscribe and sworn to before me this ):20// /5/ P. day of frt Exhibit "C" Publications Ordinance No. 2000CUP -55 2011 20 20 20 20 LAURA ANN EMMONS NOTARY PUBLIC STATE OF TEXAS Nty Commission Explres 01- 09-2014 Laura Ann Emmons, Publisher Notary Public, State of Texas Published: August 31, 2011 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING ZONING COM MISSION•OF THE. CITY OF PEARLAND CONDITIONAL .I USE PERMIT Na CUP 201110 Notice Is hereby given that on September 19 2011, 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 public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Mrs; Dale E. Pillow, .appli, cant, on behalf of Adult Reading Center, Inc., owner, for approval of a Conditional Use Permit LEGALS to allow for Institution of Religious Educational, or' Philanthropic Nature (Adult ,Reading Center) In the Old Townsite Residential (CT.R) District, on property located at 2246 N. Washngton 'apeoi i ally;r d¢sorjbed bW 3 i' t Twenty .h O 25) l0 i ei &3 6 r �e la rl Tw Se'�ejl 2 rg t h w eniy v pp lb z hwe(11y npey (2 t*hig? i0� Thirty50ne dk, One (1), of PEARLAND TOWNSITE an additiof Lin Brazoria- Coun (Texas according to'the heap- or plat''hareo recorded In Volume 29' Page 41, cfthe'Pia Records of =Brixorla' County Texas General Location` 2246 N. Washington, At said hearing, all inter- ested,'parties shall have the right 'and opportunity to appear and beheard onthe "subject For additional information; please .contact the Planning Department at 281- 652 1768.. Harold Ellis Senior Planner September 28, 2011 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Sincerely, G Planning Zoning Commission Recommendation Letter Re: Recommendation on CUP 2011 -10 Honorable Mayor and City Council Members: At their meeting on September 19, 2011, the Planning and Zoning Commission considered the following: A request of Mrs. Dale E. Pillow, applicant, on behalf of Adult Reading Center, Inc., owner, for approval of a Conditional Use Permit to allow for an Institution of Religious, Educational, or Philanthropic Nature (Adult Reading Center) in the Old Townsite Residential (OT -R) District, on the following described property: LEGAL DESCRIPTION: Lot Twenty -five (25), lot Twenty -six (26), lot Twenty seven (27), lot Twenty -eight (28), lot Twenty -nine (29), lot Thirty (30), and lot Thirty -one (31), Block One (1), of PEARLAND TOWNSITE, an addition in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41, of the Plat Records of Brazoria County, Texas. GENERAL LOCATION: 2246 N. Washington, Pearland Texas After staff presentation there was a brief discussion regarding the Conditional Use Permit process. Following this discussion Commissioner Neil West made a motion to approve the Conditional Use Permit (CUP). The motion was seconded by Commissioner Phil Cessac. The vote was 5 -0 and the motion passed. Harold Ellis, Senior Planner On behalf of the Planning and Zoning Commission Exhibit "D" P &Z Recommendation Letter Ordinance No. 2000CUP -55