Ord. 2000CUP-67 2013-08-26ORDINANCE NO. 2000CUP-67
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, BEING LOTS 13, 14 AND 15, BLOCK E, PEARLAND, BRAZORIA
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN THE OFFICE OF THE COUNTY CLERK OF BRAZORIA
COUNTY, TEXAS IN VOLUME 29, PAGE 41 OF THE DEED RECORDS,
BRAZORIA COUNTY, TEXAS. (LOCATED AT 3901 PLUM ST., PEARLAND,
TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP 2013-06 TO ALLOW
FOR AN ADULT DAYCARE IN THE OLD TOWNSITE MIXED USE (OT -MU)
DISTRICT AT THE REQUEST OF RENEA SARTAIN, APPLICANT, ON
BEHALF OF JAMES C. PACE, OWNER, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
WHEREAS Renea Sartain, applicant for James C. Pace, owner, filed an
application for a Conditional Use Permit to allow for an Adult Daycare, 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 15th day of July, 2013, 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 15th day of July, 2013, 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 Renea Sartain, applicant for James C.
Pace, owner, whereby the Commission recommended approval of the Conditional Use
ORDINANCE NO. 2000CUP-67
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 August 12, 2013; and
August 26, 2013; 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 Renea Sartain, applicant for James C. Pace, 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 Mixed Use (OT -
MU), is hereby granted a Conditional Use Permit to allow for an Adult Daycare in said
zoning district; such property being more particularly described as:
Being lots 13, 14 and 15, Block E, Pearland, Brazoria County, Texas, according
to the map or plat thereof recorded in the Office of the County Clerk of Brazoria
County, Texas in Volume 29, Page 41 of the Deed Records, Brazoria County,
Texas.
Located at 3901 Plum St. Pearland, TX
ORDINANCE NO. 2000CUP-67
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-67
2013.
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of August,
ATTEST:
fos
=r ♦� t.<:
()
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th
day of August, 2013.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Ordinance No. 2000CUP-67
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.cityofpearland.com
APPLICATION FOR
A CONDITIONAL USE
PERMIT (CUP)
Conditional Use Permit Request for: A ou± p ik)�i cj v'a yyi
(last p oposed use from the Table of Uses of th UDC)
Current Zoning District: '✓ " IY'�
Property Information: ,)f
Address or General Location of Property: 3961 P! Gt1Y1'l J� �� �ti u r� x175.8
Tax Account No. ' ! 49. 5— 7 I g�
Subdivision: Lot: 13i V -1 -416 -
Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME t-71/11141 5 L . }�1,'(, (—(
ADDRESS g8-01
CITY ACAS` tl1 STATE Ty ZIP 'I 737
PHONE( 511 ) `'17- e 8cy
FAX(
E-MAIL ADDRESS j par_ e_ oom
APPLICANT/AGENT INFORMATION:
NAME t a k ?
ADDR SS /131 <r u -O kit
CITY i STATE Ty ZIP 7L3ipoLf
PHONE( 903)
FAX( 9p3) a3k- 96;2E
E-MAIL ADDRESS r S c Q.1 -a k) -' pete ro. LI dv)1
*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 Development Code of the City of Pearland.
Owner's Signature:194-k.).--,
Agent's/
Applicant's Signature:
a
Date:
44;7 Date: 4'13'/3
OFFICE USE ONLY:
FEES
PAID: $ 25°
DATE
6-14-2013
PAID:
RECEIVED
IC
BY:
RECEIPT n/a
NUMBER:
Application No. aci y3 _0(0
PC I� G artuni2 Centers Inc.
PP Y
1101 Jaycee Drive • Longview, TX 75604
Ph. 903-238-9523 • Fax 903-238-9528
06/13/2013
To whom it may concern:
Pace Opportunity Centers Inc. is requesting the City of Pearland to grant us the
option of transferring our Adult Day Habilitation Program to 3901 East Plum
Street, Pearland from a previous location in Houston. The building was previously
used as a Church, meeting facility for NA groups, and previously a wedding
chapel. Our use of the facility would primarily be Monday through Friday 8:OOam
to 4:00pm for the training and recreation for Adults with intellectual and
developmental disabilities. We have been in business for 9 years and operate 3
day habilitation programs throughout Eastern Texas and Houston. We operate
under the rules and regulation of the Texas Department of Aging and Disabilities
and undergo rigorous annual survey. Our clients are transported to and from our
facility so parking of automobiles would only be for our direct care workers, case
coordinators and visitors, approx. 10 vehicles at most. Please feel free to look at
us online at www.pacetexas.com for more information. You will notice on the
website that we take great pride in maintaining our facilities In top form. We
contract all yard work, landscaping, and maintenance with local affiliates to
maintain our facilities in excellent condition. Our individuals at the day
habilitation program work on arts and crafts, money management skills, and
activities of daily living to assist them in functioning better at home and to give
them social interaction. Please contact me with any further questions.
Sincerely,
41-tk ;1-0.1110.60-
Renea Sartain, RN Administrator
Pace Opportunity Centers, Inc.
www.pacetexas.com
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 dearly 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 (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.
2013024548 DEED Total Pages: 4
NOTICE OF CONFI.D.ENTIALITY RIGHTS; IF YOU ARE A .NATURAL PERSON,
YOU MAY REMOVE. OR STRIKE ANY OR ALL OF TIM FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Warranty Deed with Vendor's Lien
Date: May 17, 2013
Grantor: VINEYARD CHRISTIAN FELLOWSHIP OF PEARLAND, INCORPORATED,
a Texas non-profit corporation
Grantor's Mailing Address:
VINEYARD CHRISTIAN FELLOWSHIP OF PEARLAND, INCORPORATED
a Texas non-profit corporation
¢ 157'7
PfP,t!MI p) '7)C 775 ff 874977
% j ' ____ _ County
Grantee: JAMES C. PACE,also known as JIM PACE
Grantee's Mailing Address:
Consideration:
Cash and a note of even date executed by Grantee and payable to the order of Grantor in
the principal amount of TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00). The
note is secured by a first and superior vendor's lien and superior title retained in this deed and by
a first -lien deed of trust of even date from Grantee to Susan B, Strickland, Trustee.
Property (including any Improvements):
Lots 13, 14 and 15, Block B, Pearland, Brazoria County, Texas, according to the
map or plat thereof recorded in the Office of the County Clerk of Brazoria Counly, Texas
in Volume 29, Page 41 of the Deed Records, Brazoria County, Texas.
Reservations from Conveyance: None
$TEWART TITLE l i oil 3 ►S34 ) O7J&
2013024548 Page 2 of 4
Exceptions to Conveyance and Warranty:
Liens described as part of the Consideration and any other liens described in this deed as
being either assumed or subject to which title is taken; validly existing easements, rights-of-way,
and prescriptive rights, whether of record or not; all presently recorded and validly existing
instruments, other than conveyances of the surface fee estate, that affect the Property; and taxes
for 2013, which Grantee assumes and agrees to pay, but not subsequent assessments for 2013
and prior years due to change in land usage, ownership, or both, the payment of which Grantor
assuures.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
The vendor's lien against and superior title to the Property are retained until each note
described is fully paid according to its terms, at which time this deed will become absolute.
When the context requires, singular nouns and pronouns include the plural.
VINEYARD CHRISTIAN FELLOWSHIP OF
PEARLAND, INCORPORATED, a Texas non-
profit corporation
By:
Name: Alan Allen
Title: President
By:
Name: Amanda Langston
Title: Secretary
7
2013024548 Page 3 of 4
STATE OF TEXAS
COUNTY OF BRAZORIA )
This instrument was acknowledged before me an Mat ;7t , 2013, by
Alan Alien, as the President and Amanda Langston, as Secretary of 'INEYARD CHRISTIAN
FELLOWSHIP OF PEARI,AND, INCORPORA TED, a Texas non-profit corporation, on behalf
of said corporation.
(SBS/sh OP No, 1103931834 ST/CC)
70, .•....,.^;^CS'1P.'iGtivN.f.'^,MCq'^Tv-.;"S"TP•:i'i7C'C:RSS;*S•"7Lv'i^:T:IS': F'!'...
CtAfttv
Notary Public, State f Texas
My commission expires:
coldoliq
` KELLY ARCHER
NOTAMRY PU134.1C, STATEX4G
.3.0)
JUNE 20, 2014 %
COMMI00 ON EXPIRE q
' 7.1J13"
644✓ .14.4.4"rrrrrrrlrrrr..v tee•
tl
AFTER RECORDING RETURN TO:
Pcce
€I7 your- ion e:
2013024548 Page 4 of 4
FILED and RECORDED
Instrument Number: 2013024548
Filing and Recording Dare: 05/23/20^3 01:32:29 PM Pages: 4 Recording Fee: $24.00
I hereby certify that this instrument was FILED on the date and time stamped hereon and
RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas.
Joyce Hudman, County Clerk
Brazoria County, Texas
ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF
THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER
'FEDERAL. LAW AND IS UNENFORCEABLE
DO NOT DESTROY - Warning, this document is part of the Official
Public Record.
cote rk-I'<eeis
2012 TAX STATEMENT
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Certified Owner:
VINEYARD CHRISTIAN FELLOWSHIP INC
PO BOX 1577
PEARLAND, TX 77588-1577
Legal Description:
PEARLAND, BLOCK E. LOT 13-14-15
Legal Acres: .4304
Account No: 7025-0577-111 Appr. Dist. No.:237318 Parcel Address:3901 E PLUM ST
As of Date: 06/14/2013 Print Date: 06/14(2013
Market Value Appraised Assessed Capped Homesite Agricultural Non -Qualifying
I.and Improvement Value Value Value Value Market Value Value
655.250 5188.810 5245.060 5245.060 50 50 50 6245.060
Exemptions Taxable Tax
Taxing Assessed P Tax
Unit Value (100%) Code Amount Value Rate
BRAZORIA COUNTY 524.5,060 XMP 6245,060.0)) 50 0.4258600 50.00
Amount raved 6v additional sates tai revenue $. 00
SPECIAL ROAD & BRIDGE $245.060 XMP 5245,060.00 50 0.0600000 50.00
PEARLAND ISD 5245.060 XMP 5245,060.00 50 1.4194000 50.00
BRAZORIA DRAINAGE DIST 4 5245.060 XMP $245.060.00 50 0.1560000 50.00
CITY OF PEARLAND 5245.060 XMP $245.060.0) 50 0.7051000 60.00
Exemptions:
XMP EXEMPT
AMOUNT DUE IF PAID BY THE END OF:
Total Tax:
Total Tax Paid to date:
Total Tat Remaining:
50.00
50.00
50.00
JUN 2013 15" JUL 2013 IR AUG 2013 19% SEP 2013 20% OCT 2013 21% NOV 2013 22%
50,00 50.00 50.00 50.00 50.00 50.00
DEC 201) 23 / JAN 2014 24• FEB 2014 25% MAR 2014 26% APR 2014 27% MAY 2014 28%
60.00 50.00 50.00 50.00 50.00 50.00
School Information:
PEARLAND ISD 2012 M&0 1.0400000 1&S .37940000 Total 1.4194000 2011 M&0 1.0400000 l&S .37940000 Total 1.4194000
PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT.
Print Date: 06/14/2013
PLEASE NOTE YOUR ACCOUNT NUMBER ON 5 01.'R CIIECK A\D MAKE CHECKS PAYABLE TO:
RO'VIN GARRETT. RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
(979) 864-1320, (979) 388-1320, (281) 756-1320
7025.0577-I11
VINEYARD CHRISTIAN FELLOWSHIP INC
PO BOX 1577
PEARLAND, TX 77588-1077
4.1,48
SII II7 0 2 III II�I 1I5 0 I II 1115 71171111I SII 1 1 *<IN
1
AMOUNT PAID:
5
70250577111 2012 062013 00000000000 00000000000 00000000000 1
2000CUP-67
Zoning and Vicinity Map
CUP 2013-06
3901 Plum St.
N GRAND BLVD
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MAIN ST
N HOUSTON AVE
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 775
State of Texas
Brazoria and Harris Counties
Ordinance No. 2000CUp-67
Exhibit C
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. / Date - 2 6 20 /_3__
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this2:7
20/
LAURA ANN EMMONS
NOTARY PUBLIC
STATE OF TEXAS
My Commission Explms 09-09-2014
/PlittfroriAaJ
day of
CFO
Laura Ann Emmons, Publisher
Notary Public, State of Texas
O ,o. 9,0o C t4p -
Published June 26,
2013
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
CONDITIONAL USE
PERMIT NO.
CUP 2013-06
Notice is hereby given
that on July 15, 2013 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 Renea Sar-
tain, applicant for James
C. Pace, owner, for
approval of a Condition-
al Use Permit to allow
for an Adult Daycare in
the Old Townsite Mixed
Use (OT -MU) zone, on
property located at the
3901 Plum St., more
specifically described
below:
Being lots 13, 14 and
15, Block E, Pearland,
Brazoria County,
Texas, according to the
map or plat thereof
recorded in the Office
of the County Clerk of
Brazoria County, Texas
in Volume 29, Page 41
of the Deed Records,
Brazoria County,
Texas.
General Location:
3901 Plum St..
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
281-652-1765
Ordinance No. 2000CUP-67
Exhibit "D"
Planning & Zoning Commission
Recommendation Letter
July 16, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2013-06
Honorable Mayor and City Council Members:
At their meeting on July 15, 2013, the Planning and Zoning Commission considered the
following:
A request of Renea Sartain, applicant for James C. Pace, owner, for approval of
a Conditional Use Permit to allow for an Adult Daycare in the Old Townsite
Mixed Use (OT -MU) zone, on the following described property:
LEGAL DESCRIPTION: Being lots 13, 14 and 15, Block E, Pearland, Brazoria County,
Texas, according to the map or plat thereof recorded in the Office of the County Clerk of
Brazoria County, Texas in Volume 29, Page 41 of the Deed Records, Brazoria County,
Texas.
GENERAL LOCATION: 3901 Plum St. Pearland, TX
At the regular meeting of the Planning and Zoning Commission on July 15, 2013,
Commissioner Linda Cowles made the motion to approve, and Commissioner Elizabeth
McLane seconded. The vote was 6-0 and the motion passed.
Sincerely,
Ian Clowes
Planner II
On behalf of the Planning and Zoning Commission