Ord. CUP 16-00004 2016-07-25Ordinance No. CUP 16-00004
Ordinance No. CUP 16-00004 - An ordinance of the City Council of the City
of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for
Child Day Care Center (Business) in the Office & Professional zone,
being a tract of land containing 4.1919 acres of land out of Lot Forty -One
(41), Section 25, H.T. & B. R.R .Company Survey, Abstract 245, Brazoria
County. Texas, and being designated on the Block Books of Brazoria
County. Texas of Section 25 and being a part of the same land described in
Deed from C. W. Boots, et. ux. to Joe H. Reeder, by Deed dated June 22,
1959, recorded in Volume 744, Page 457, Deed Records, Brazoria County,
Texas, Less, Save and Except a 20.00 foot strip along the North side
reserved in Deed recorded in Volume 116, Page 581, Deed Records,
Brazoria County. Texas. and lying in the road. (Located at 5134 Bailey
Road.) Conditional Use Permit Application No CUP 16-00004, within the
Office & Professional (OP) zoning district. at the request of Beverly Childs,
owner/applicant, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, Beverly Childs, owner/applicant; is requesting approval of a
Conditional Use Permit (CUP) to allow for a Child Day Care Center use on an
approximately 4.1919 acres of land on the following described property; 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 20th day of May 2016, 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 20th day of May 2016, the Planning and Zoning Commission
submitted its report and recommendation to the City Council regarding the proposed
Conditional Use Permit (CUP) to allow for a Child Day Care Center use on an
approximately 4.1919 acres of land, 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, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 11th day of July 2016 and
the 25"' day of July 2016; 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 Beverly Childs, owner/applicant; for approval of a Conditional Use
Permit on approximately 4.1919 acres of land to allow for a Child Day Care Center use;
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 City
Limits of the City of Pearland, Texas, and presently being located within the Office &
Professional (OP) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow for a Child Day Care Center use, subject to all requirements of the OP zoning
district, in accordance with all conditions and requirements of the current Unified
Development Code and the following conditions approved by the City Council and
incorporated for all purposes, such property being more particularly described as:
Page 2 of 9
Ord. No CUP 16-00004
Legal Description: Being a tract of land containing 4.1919 acres of land out of Lot
Forty -One (41), Section 25, H.T. & B. R.R .Company Survey, Abstract 245, Brazoria
County, Texas, and being designated on the Block Books of Brazoria County, Texas
of Section 25 and being a part of the same land described in Deed from C. W. Boots,
et. ux. to Joe H. Reeder. by Deed dated June 22, 1959, recorded in Volume 744,
Page 457. Deed Records, Brazoria County. Texas. Less. Save and Except a 20.00
foot strip along the North side reserved in Deed recorded in Volume 116, Page 581.
Deed Records. Brazoria County, Texas, and lying in the road.
General Location: 5134 Bailey Road.
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 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 for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the amendment 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 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
Page 3 of 9
Ord. No CUP 16-00004
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 11th day of July,
2016.
TOM REID
MAYOR
ATTEST:
ifNG L•' ING.
Y SE' ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
25th day of July, 2016.
ATTEST:
G, T,
Y SE ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
0„,1,111„,
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TOM REID
MAYOR
Page 4 of 9
Ord. No CUP 16-00004
Ordinance No. CUP 16-00004
Exhibit "A"
Exhibit A
Legal Description
Being a tract of land containing 4.1919 acres of land out of Lot Forty -One (41), Section
25, H.T. & B. R.R .Company Survey, Abstract 245, Brazoria County, Texas, and being
designated on the Block Books of Brazoria County, Texas of Section 25 and being a
part of the same land described in Deed from C. W. Boots, et. ux. to Joe H. Reeder, by
Deed dated June 22, 1959, recorded in Volume 744, Page 457, Deed Records,
Brazoria County, Texas, Less, Save and Except a 20.00 foor strib along the North side
reserved in Deed recorded in Volume 116, Page 581, Deed Records, Brazoria County,
Texas, and Tying in the road.
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Page 5 of 9
Ord. No CUP 16-00004
Ordinance No. CUP 16-00004
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 16-00004
6134 Bailey Road
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Page 6 of 9
Ord. No CUP 16-00004
Ordinance No. CUP 16-00004
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said County and State.
Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal,
a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly
sworn, states under oath that the report of CUP Appl. #16-00004 a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of June 2, 2016.
Usher's Representative
Sworn to and subscribed before me this day of .Le— , 2016.
Notary Public
My commission expires on
•
N
: ELIZABETH F. RABITO
;' MY COMMISSION EXPIRES
':s ; t`' August 29, 2018
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER:
CUP 16-00004
Notice is hereby given that on June 20, 2016, 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, at the request
of Beverly Childs, owner/applicant; for approval of a Conditional
Use Permit to allow for a Child Day Care Center (Business) in the
Office & Professional zoning district; on approximately 4.1919
acres of land, to wit:
Being a tract of land containing 4.1919 acres of land out of Lot
Forty -One (41), Section 25, H.T. & B. R.R .Company Survey,
Abstract 245. Brazoria County. Texas. and being designated
on the Block Books of Brazoria County, Texas of Section 25
and being a part of the same land described in Deed from
C. W. Boots, et. ux. to Joe H. Reeder, by Deed dated June
22, 1959, recorded in Volume 744, Page 457, Deed Records,
Brazoria County, Texas, Less, Save and Except a 20.00
foot strip along the North side reserved in Deed recorded
in Volume 116, Page 581, Deed Records, Brazoria County,
Texas, and lying in the road.
General Location: 5134 Bailey Road.
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject. For
additional information, please contact the Planning Department
at 281-652-1765.
Frankie Legaux
City Planner
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBI.IC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER:
CUP 16.00004
Notice is hereby given that on June 20, 2016, at 6.30 p.m , ttie
City Council and Planning and Zoning Commission of the City of
Pearland in Brazoria. Harris and Fort Bend Counties, Texas, will
conduct a point public hearing in the Council Chambers of City
Hall, located at 3519 Liberty Drive, Pearland Texas, at the request
of Beverly Childs. owner/applicant, for approval of a Conditional
Use Permit to allow for a Child Day Care Center (Business) in the
Office & Professional zoning district: on approtiniaWy .1 1919
acres of land. to wit
Being a tract of land containing 4 1919 acres of land out of Lot
Forty-One41). Section 25, H.T. & B. R.R .Company Survey.
Abstract 245, Brazoria County, Texas, and being designated
on the Block Books of Brazoria County, Texas of Section 25
and being a part of the same land described in Deed from
C W. Boots. et. ux. to Joe H. Reeder, by Deed dated June
22 1959; recorded in Volume 744 Page 457, Deed Records,
Brazoria County Texas, Less Save and Except a 20.00
foot strip along the North side reserved in Deed recorded
in Volume 116, Page 581. Deed Records, Brazoria County.
Texas, and lying in the road.
General Location 5134 Bailey Road
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject. For
additional information. please contact the Planning Department
at 281-652-1765.
Frankie Legaux
City Planner
Page 7 of 9
Ord. No CUP 16-00004
Ordinance No. CUP 16-00004
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
June 22, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland. TX 77581
Re: Recommendation on CUP Application CUP 16-00004
Honorable Mayor and City Council Members:
At their regular meeting on June 20, 2016. the Planning and Zoning Commission considered the
following:
A request of Beverly Childs. owner/applicant: for approval of a Conditional Use Permit to allow for
a Child Day Care Center (Business) in the Office & Professional zoning district on approximately
4.1919 acres of land.
Legal Description: Being a tract of land containing 4.1919 acres of land out of Lot Forty -One
(41). Section 25, H.T. & B. R.R .Company Survey, Abstract 245. Brazoria County. Texas, and
being designated on the Block Books of Brazoria County, Texas of Section 25 and being a part of
the same land described in Deed from C. W. Boots. et. ux. to Joe H. Reeder, by Deed dated June
22, 1959. recorded in Volume 744. Page 457. Deed Records. Brazoria County. Texas, Less.
Save and Except a 20.00 foor strib along the North side reserved in Deed recorded in Volume
116. Page 581, Deed Records. Brazoria County, Texas. and lying in the road.
General Location: 5134 Bailey Road.
P&Z Commissioner Pradia made the motion to recommend approval of Conditional Use
Application No. CUP 16-00004, P&Z Commissioner Starr seconded the motion. The motion
passed by a vote of 5-0. Commissioners in attendance at the meeting were: Chairperson
Daniel Tunstall, Vice -Chairperson Thomas Duncan, Derrell Isenberg, Troy Pradia, and Mary
Starr.
Sincerely,
Page 8 of 9
Ord. No CUP 16-00004
3 ilmil- z dtv 0
Frankie Legaux
City Planner
On behalf of the Planning and Zoning Commission
Page 9 of 9
Ord. No CUP 16-00004