Ord. 2000CUP-61 2012-12-10ORDINANCE NO. 2000CUP-61
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, BEING LOTS 3-6, BLOCK 5 OF THE TOWNSITE OF PEARLAND
SUBDIVISION, A SUBDIVISION OF RECORD IN VOLUME 29, PAGE 41 OF
THE H.C.D.R. BRAZORIA COUNTY, TEXAS. (LOCATED AT 8809
BROADWAY ST, PEARLAND, TX) CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2012-08 TO ALLOW FOR A CHILD DAYCARE
CENTER (BUSINESS) IN THE NEIGHBORHOOD SERVICES (NS) ZONING
DISTRICT AT THE REQUEST OF CHASING DREAMS DAYCARE, APPLICANT
AND THE OLD PLACE INC., OWNER, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
WHEREAS Chasing Dreams Daycare, on behalf of The Old Place Inc., owner,
filed an application for a Conditional Use Permit to allow for Child Daycare Center
(Business), 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 19th day of November, 2012, 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
WHEREAS, on the 19th day of November, 2012, 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 Chasing Dreams
Daycare, applicant, on behalf of The Old Place Inc., owner, whereby the Commission
ORDINANCE NO. 2000CUP-61
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 December 10, 2012; 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 Chasing Dream Daycare, applicant, on behalf of The Old
Place 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 Neighborhood Services (NS), is
hereby granted a Conditional Use Permit to allow for a Child Daycare Center (Business)
in said zoning district; such property being more particularly described as:
Being 9.930 acres of land, Lots 30-30A, of the Allison — Richey Gulf Coast Home
Company Subdivision of Section 20, of the H.T. & B. Railroad Company Survey,
Abstract 506, Brazoria County, Texas.
Located at 8809 Broadway St., Pearland, TX
ORDINANCE NO. 2000CUP-61
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 second and final reading.
ORDINANCE NO. 2000CUP-61
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of
December, 2012.
ATTEST:
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10th
day of December, 2012.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Ordinance No. 2000CUP-61
Exhibit "A"
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.cityofpeartand.com
F- L.ICATION FOR
A CONDITIONAL USE
PERMIT (CUP)
Conditional Use Permit Request for: C�i �I t�1 o.trr e. (e ,r' C. t3 U5 r <e S5)
(list p sed use from the Table of Uses of the UDC)
Current Zoning District: (4? i.1eig\Nhu4 \O6f Sexy�e —�� CA--
Property
_tProperty Information:
Address or General Location of Property: `t $Oq ---6(badU3r 5 \� f . -e C,
Tx.coAckAA i-ss4
Tax Account No. l l 211
Subdivision: Lot: Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME Old Q\ekC.tJ,rlc-- •
ADDRESS P. 0 . 6(4 '1t
CITY c‘c,It1Ja STATE 71- ZIP -f -1'61-0"1b3
PHONE( 13 a) 3 07 ) no
PAX( 2/) 7P
E-MAIL ADDRESS4 7l9 /A//AAA/A/5't('2).47
APPLICANT/AGENT INFORMATION:
NAME GhA5' nQtbr46.AMS Dotti Oar -c,
ADDRESS i S 1 tr "VS t. i n r s S Got 04 -1=43q -
CITY 1)-E
-1 q-
CITYV- 6,✓itA,,d STATE j'"q ZIP "t'i i
PHONE( 1,S\ ) 1 C1(, *- b gt
FAX(
E-MAIL ADDRESS pt Ava _) A UKboh Vlbhui u.i 1. Co6Yr)
*Property owner must be the current owner of the property at the time of submittal of the application, and not the party
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 Developm1 t nt Cote of the City of Pearland.
th-444( 42)
Owner's Signature:
Agent's/
Applicant's Sign
ure:
Date: 9. J ?, 1.2.
Date: 101 t ( 2,
0
1-1-11,4G, 1.0v1. vi.o= i .
PAID: cA a0 -
PAID:
It-"/ 1-I
NUMBER:
4 /,
Af V 3 `4-.
BYCEIYEQ—, /
Application No. .20
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LOT
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N89'35`23'v 811.30ft -
HOUSTON MEMORIAL GARDENS. INC. stem 5tt'Oa
C.C.F. No. (97) 020859.
OFRCIAL RECORDS OF BRAZORIA
COUNTY, 110CAS
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iFA rFIE 90-040334
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S89'35'2.TE 811.30ft 40' X soy 1 .
LOT
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FRANK DOHERTY
C.C.F. No. (97) 008380.
OFFICIAL RECORDS OF
BRAZORIA COUNTY. TEXAS
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FRANK DOHERTY
C.C.F. No. (94) 030550,
OFFICIAL RECORDS OF
BRAZORIA COUNTY, ►E]C/tS.
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ACRE TRACT
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THE OLD PLACE INC.
C.C.F. No. (97) 001270.
OFFICIAL RlioRDS OF
BRAZORIA COUNTY, TEXAS
1 8 (1 20' R. C7. W. )
PLAT SHOWING 9_6406 ACRE TRACT
8E 4G 111E SOUTH 1/2 Cr LOT 28 AND 1117E NORTH 1/2 OF
LOT 29. OF THE GULF t7Di11ST HOME COMPANY
SUBDIVISION OF SECTION 20, Of THE H. T. & B. I LLR=
COMPANY SURVEY, ABSTRACT 808, BRAWN& COUNTY, TUGS.
face
rIrrfo GISelectiort System
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Tool: Went* > Zoning X: 3126414.25, Y: 13770065.56, long3ude:
(NS) NEIGHBORHOOD SERVICE DISTRICT
The Neighborhood Service District is intended to permit a limited area
of service establishments and retail stores for the benefit of adjacent
and nearby residential development and in which district all trade is
conducted indoors and in such manner as to be capable of placement
adjacent to residential districts without changing the character of the
latter.
October 19, 2012
RE: Letter of Intent
Dear Sir or Madam:
fl9D&-. it
DAYCARE & LEARNING CENTER
Please accept my letter of intent for the conditional use permit request.
I will be using 8809 Broadway Suite C for the use of child care ages 6 weeks -14
years old. My proposed business hours are Monday -Friday 6 a.m.- 6:30 p.m. The
square footage that I will be occupying is 3000 square feet.
Sincerely,
Detra Jackson
Chasing Dreams Day Care
281-796-0278
8809 BROADWAY STE. C, PEARLAND, TX. 77584
PHONE: 281-796-0278
4
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CUP APPLICATION Page 5 of 6 (Updated June 2010)
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:
• 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 black lettering that is a minimum of 3 inches by 1/2 inch, on a white
background
• Message content as follows:
PROPOSED (SPECIFTREQtES-T)'
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.
TAX RECEIPT
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Certified Owner: Legal Description:
A0506 1I T & B R R, TRACT 30-30A, ACRES
9.930
THE OLD PLACE INC
PO BOX 703
MANVEL , TX 77578-0703
osit No: 11363500
dation No: 900000022939706
:ount No: 0506-0017-000
rater Code: MVLI
Tax Unit Name
Brazorie County 1,458,180 0.413101 6,023.76 0.00 0.00 6,023.76
Special Road & Bridge
1,458,180 0.060000 874.91 0.00 0.00 874.91
Pcarlandlsd 1,458,180 1.419400 20,697.41 0.00 0.00 20,697.41
Brazoria Drainage Dist 4
1,458,180 0.156000 2,274.76 0.00 0.00 2,274.76
City Of Pcarland 1,458,180 0.685100 - 9,989.99 0.00 0.00 9,989.99
Parcel Address: 8809 BROADWAY FM 518
Legal Acres: 9.9300
Remit Seq No: 19474068
Receipt Date: 12/2812011
Deposit Date: 12129'2011
Print Date: 12/27,2011
lax Value Tax Rate Levy Paid P&1 Coll Fee Paid Tota
1. Number(s):
notions on this property:
PAYER:
THE OLD PLACE INC
PO BOX 703
MAN VEL , TX 77578-0703
539,860.83 80.00 50.00 539,860.83
PAY1,IENT TYPE:
Checks 839,860.83
Total Applied:
Total Tendered:
(for accounts paid on 12/28/2011)
Change Paid:
ACCOUNT PAID IN FULL
839,860.83
839,860.83
S0.00
--<
(979) 864-1320, (979) 388-1320, (281) 756-1320
21.1
BROADWAY ST
Ordinance No. 2000CUP-61
Exhibit "B"
Vicinity & Zoning Map
CUP 2012-08
8809 Broadway
This product is for information purposes and
may not have been prepared for or be suitabt
or legal, engineering, or surveying purposes.
t does not represent an on -the -ground survey
nd represents only the approximate relative
ocation of property boundaries.
1
0 75 150 300 Feet
Pii 1 1 1 1 1 1
Published Oct. 31, 2012
MOROI OF A JOINT
PUIUC,HILMINCt OP
THE CITY, COUNCIL
AND THE
AND ZONING COI&
1101111011 OP's CRY
OP POM AND,
TpM
00121111111121.
USE PERMIT
N0. CU2012.08
Notice is hereby given
that on November 19,
2012 at BSD p.m., the
City Council and
Planning and Zoning
Commission of the City
of Pearlend, 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, Poetised, Am,
on the repot of
Chasing Dreams
Daycare, spoken! and
The Old Plea inc.,
owner, for approval of a
Conditional Use Permit
to allow for a Daycare
Center (Business) in the
Neighborhood Services
(NS) Zoning Mrict, on
property located at 8809
Broadway, more specifi-
cally described t elew.-
Being 9.930 acres of
land, Lots 30-30A, of
the AYloon — Richey
Dud Coast Nems Cam -
pony $uhdbldon of
Wien 22, el the H.T.
& B. Railroad Com-
pany Survey, Abstract
506, Brazorla County,
Texas.
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject. For addi-
tional information,
please contact the
Planning Department at
281-652-1768.
tan Cloves
Renner II
Ordinance No. 2000CUP-61
Exhibit "C"
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
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 / issues, as follows:
No. l Date OG"G .S/
20 /,,.Z
No.
- N
Date 20
Date 20
Date 20
No. Date
20
Subsbribe and sworn to before me this
20_
.14/%Ilavr>1-)
CFO
1 day of 666
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Ordinance No. 2000CUP-61
Exhibit "D"
Planning & Zoning Commission
Recommendation Letter
November 20, 2012
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2012-08
Honorable Mayor and City Council Members:
At their meeting on November 19, 2012, the Planning and Zoning Commission
considered the following:
A request of Chasing Dreams Daycare, applicant and The Old Place Inc., owner,
for approval of a Conditional Use Permit to allow for a Daycare Center
(Business) in the Neighborhood Services (NS) Zoning District, on the following
described property
LEGAL DESCRIPTION: Being 9.930 acres of land, Lots 30-30A, of the Allison —
Richey Gulf Coast Home Company Subdivision of Section 20, of the H.T. & B.
Railroad Company Survey, Abstract 506, Brazoria County, Texas.
GENERAL LOCATION: 8809 Broadway St. Pearland, TX
After staff presentation Vice Chairperson Linda Cowles made a motion to approve the
Conditional Use Permit (CUP). The motion was seconded by Commissioner Mary Starr.
The vote was 5-0 and the motion passed.
Sincerely,
Ian Clowes
Planner II
On behalf of the Planning and Zoning Commission