Ord. CUP 16-00007 2016-11-28Ordinance No. CUP 16-00007
An ordinance of the City Council of the City of Pearland. Texas, approving a
Conditional Use Permit (CUP) to allow for a church in the
Neighborhood Services (NS) zoning district, a certain 218.00 by 169.00
tract of land out of a tract "A" of the West Side Plaza adjoining McLean Road
on the East and Walnut Street (F.M. 518) on the north, said tract containing
0.846 acre, more or less. (Located at 5004 Broadway Street, Pearland,
TX.) Conditional Use Permit Application No CUP 16-00007. within the
Neighborhood Services (NS) zoning district, at the request of Leslie K
Padilla, for Sovereign Grace Church of Pearland, applicant, on behalf of
Pearland Westside II Associates, LP, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, of Leslie K Padilla, for Sovereign Grace Church of Pearland,
applicant, on behalf of Pearland Westside II Associates, LP. owner; is requesting
approval of a Conditional Use Permit (CUP) to allow for a church use on approximately
0.846 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 17th day of October 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 18th day of October 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 church use on approximately
0.846 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 14th day of November
2016 and the 28th day of November 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 Leslie K Padilla, for Sovereign Grace Church of Pearland,
applicant. on behalf of Pearland Westside II Associates, LP. owner: for approval of a
Conditional Use Permit (CUP) on an approximately 0.846 acres of land for a church
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
Neighborhood Services (NS) zoning district. is hereby granted a Conditional Use Permit
(CUP) to allow for a church use, and the site plan attached hereto and made a part
hereof for all purposes as Exhibit `E". subject to all requirements of the NS 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
Page 2 of 9
Ord. No CUP 16-00007
incorporated for all purposes, such property being more particularly described as:
Legal Description: A certain 218.00 by 169.00 tract of land out of a tract "A" of
the West Side Plaza adjoining McLean Road on the East and Walnut Street
(F.M. 518) on the north, said tract containing 0.846 acre, more or Tess.
General Location: 5004 Broadway Street. Pearland, TX.
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
approval on second and final reading.
Page 3 of 9
Ord. No CUP 16-00007
PASSED, APPROVED, and ADOPTED on First Reading this 14th day
of November, 2016.
ATTEST:
TOM REID
MAYOR
00191 111,,'
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CI) 7.
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
28th day of November, 2016.
ATTEST:
APPROVED AS TO FORM:
&(_
DARRIN M. COKER
CITY ATTORNEY
1,
TOM REID
MAYOR
Page 4 of 9
Ord. No CUP 16-00007
Exhibit A
Legal Description
Ordinance No. CUP 16-00007
Exhibit "A"
A certain 218.00 by 169.00 tract of land out of a tract "A" of the West Side Plaza
adjoining McLean Road on the East and Walnut Street (F.M. 518) on the north, said
tract containing 0.846 acre, more or less.
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Page 5 of 9
Ord. No CUP 16-00007
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 16-00007
5004 Broadway Street
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Page 6of9
Ord. No CUP 16-00007
Ordinance No. CUP 16-00007
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 Legal Notice, CUP No. 16-00007
5004 Broadway, a true copy of which is hereto annexed was published in said newspapers
In its issue(s) of September 07, 2016.
Sworn to and subscribed before me this
Notary Public
My commission expires on
Publisher's Representative
day of /%(5t1:96ti2016.
MARILYN ZARATE
.14,;%••• �� Notary Pual.c, Vote or Texas
yS,a�
September 07, 2013
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDrIIONAL USE PERMIT APPLICATION NUMBER: CUP 16-00007
Notice is hereby given that on September 26, 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 Leslie K Padilla, for Sovereign Grace Church of Pearland, applicant, on
behalf of Pearland Westside II Associates, LP, owner; for approval of a Conditional
Use Permit to allow for a church in the Neighborhood Services (NS) zoning
district; on approximately 5.044 acres of land, to wit:
A tract of land out of Reserve "A" in the Replat of Corrigan Addition,
Section 1, according to the map or plat recorded in Volume 11,
Page 97-98 of the Plat Records of Brazoria County, Texas, said tract
containing 5.890 acres more or less; SAVE AND EXCEPT TRACT II,
a certain 218.00 by 169.00 tract of land out of the above described
Tract 1 adjoining McLean Road (C.R. 104 on the East and Walnut
Street (F. M. 518) on the north, said tract containing 0.846 acre,
more or less: resulting in a net acreage of 5.055 acres.
General Location: 5004 Broadway Street, Pearland, TX.
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
Ordinance No. CUP 16-00007
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 Legal Notice, CUP No. CUP 16-00007,
a true copy of which is hereto annexed was published in said newspapers in its issue(s) of
September 28, 2016.
Publisher's Representative
Sworn to and subscribed before me this 5 - day of 9 ,6t&., 2016.
Notary Public
My commission expires on
MARILYN ZARATE
-! �r i Nvtory Put tIL. SrCTe or rexos
sv' My Commission Expires
�N;f6iSopfombor 07, 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 16-00007
Nonce is hereby given that on October 17, 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 Leslie K Padilla. for Sovereign Grace Church of Pearland. ap-
plicant, on behalf of Peadand Westside II Assocates, LP, owner:
for approval of a Conditional Use Permit to allow for a church in
the Neighborhood Services (NS) zoning district; on approximately
0.846 aces of land. to wrt
A certain 218.00 by 169.00 tract of land out of a tract 'A' of the
West Side Plaza adjoining McLean Road on the East and Walnut
Street (F.M. 518) on the north, said tre,:t containing 0.846 acre,
more or less.
General Location: 5004 Broadway Stre rt. Peadand. TX.
At said hearing. all interested partie• shall have the right anc
opponunity to appear and be heard on he subject. For addrtronal
information, please contact the Plannm ;Department at 281-652-
1765.
Aartm Griggs
enior Planner
I moa Ps Cnnfinn.d nn n---
Exhibit C
Legal Ad
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 16-00007
Notice is hereby given that on October 17, 2016, at 6:30 p.m..
the City Council and Planning and Zoning Commission of the City
of Peariand, 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 Leslie K Padilla, for Sovereign Grace Church of Peariand, ap-
plicant. on behalf of Peariand Westside II Associates, LP, owner:
for approval of a Conditional Use Permit to allow for a church in
the Neighborhood Services (NS) zoning district; on approximately
0.846 acres of land, to wit:
A certain 218.00 by 169.00 tract of land out of a tract A' of the
West Side Plaza adjoining McLean Road on the East and Walnut
Street (F.M. 518) on the north, said tract containing 0.846 acre.
more or less.
General Location: 5004 Broadway Street, Pearland, TX.
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.
Martin Griggs
Senior Planner
Page 7 of 9
Ord. No CUP 16-00007
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
October 18, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland. TX 77581
Re: Recommendation on CUP Application No. CUP 16-00007
Honorable Mayor and City Council Members:
At their regular meeting on October 17, 2016, the Planning and Zoning Commission considered
the following:
A request of Leslie K Padilla. for Sovereign Grace Church of Pearland, applicant. on behalf of
Pearland Westside II Associates. LP, owner; for approval of a Conditional Use Permit to allow for
a church in the Neighborhood Services (NS) zoning district; on approximately 0.846 acres of land.
Legal Description: A certain 218.00 by 169.00 tract of land out of a tract "A" of the West Side
Plaza adjoining McLean Road on the East and Walnut Street (F.M. 518) on the north. said tract
containing 0.846 acre. more or less.
General Location: 5004 Broadway Street, Pearland, TX
Vice -Chairperson Duncan made a motion to recommend approval of Conditional Use
Application No. CUP 16-00007. Commissioner Isenberg seconded the motion. The motion was
approved by a vote of 6-0. Chairperson Tunstall. Vice -Chairperson Duncan. and Commissioners
Isenberg, McFadden. Selsky and Starr all voted in favor of the motion.
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 8 of 9
Ord. No CUP 16-00007
Exhibit E
Site Plan and Attachments
WALNUT STREET
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Page 9 of 9
Ord. No CUP 16-00007
JOINT PUBLIC HEARING
THE CITY COUNCIL CITY AND THE PLANNING AND ZONING COMMISSION OF
THE CITY OF PEARLAND, TEXAS,
MONDAY, OCTOBER 17, 2016, AT 6:30 P.M.
COUNCIL CHAMBERS - CITY HALL -3519 LIBERTY DRIVE
I. CALL TO ORDER
II. PURPOSE OF HEARING
Conditional Use Permit Application No. CUP 16-00007
A request of Leslie K Padilla, for Sovereign Grace Church of Pearland, applicant,
on behalf of Pearland Westside II Associates, LP, owner; for approval of a
Conditional Use Permit to allow for a church in the Neighborhood Services (NS)
zoning district; on approximately 0.846 acres of land.
Legal Description: A certain 218.00 by 169.00 tract of land out of a tract "A" of
the West Side Plaza adjoining McLean Road on the East and Walnut Street (F.M.
518) on the north, said tract containing 0.846 acre, more or less.
General Location: 5004 Broadway Street, Pearland, TX.
III. APPLICATION INFORMATION AND CASE SUMMARY
A. STAFF REPORT
B. APPLICANT PRESENTATION
C. STAFF WRAP UP
IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
VI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing, City Secretary, at 281-652-1655 prior to the meeting so that
appropriate arrangements can be made.
Page 1 of 1 — 10/17/2016
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
Staff Report
To: City Council and Planning and Zoning Commission
From: Planning Department
Date: October 12, 2016
Re: Conditional Use Permit Application No. CUP 16-00007
A request of Leslie K Padilla, for Sovereign Grace Church of
Pearland, applicant, on behalf of Pearland Westside II
Associates, LP, owner; for approval of a Conditional Use Permit
to allow for a church in the Neighborhood Services (NS) zoning
district; on approximately 0.846 acres of land.
General Location: 5004 Broadway Street. Pearland, TX.
Summary of Request
This request is for approval of a Conditional Use Permit (CUP) on approximately 0.846
acres of land, located at 5004 Broadway Street, to allow for a church in the
Neighborhood Services (NS) zoning district.
Recommendation
Staff recommends approval of the requested CUP to allow for a church on the
approximately 0.846 acre site for the following reasons:
1. The site was previously used for a Goodwill. While this CUP is for a change of
use, the intensity of the use will be Tess than the previous use. The proposed
use will likely not cause a traffic problem for the Pearland Westside, the
surrounding shopping center, as the uses are occupied at different times.
2. The shopping center has a history with churches. Two CUP's were approved in
2009 for churches on the main shopping center lot. Currently there are no other
religious uses within the center.
3. The proposed use is in conformance with the FLUP, zoning district, and
surrounding properties.
Site History
The subject property is currently developed with a general retail structure as part of
Pearland Westside, an existing shopping center, and zoned Neighborhood Services
(NS). The property was redeveloped 2003 for the change of use from a bank to a
Goodwill and to come into compliance with the facade standards for the Corridor
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
Overlay District. The proposed CUP will be the fourth CUP for the shopping center
(three for church use and one for a cigar shop).
The site is bounded by General Business (GB) zoning to the north, GB and Single -
Family Residential -2 (R-2) to the East, and NS to the south and west. The below table
identifies surrounding uses and zoning districts:
Conformance with the Comprehensive Plan
The current zoning is in conformance with the Future Land Use Plan (FLUP). FLUP
designates this property as "Retail, Offices and Services" which is described as
including a variety of office and retail development. The Comprehensive Plan
recommends that neighborhood retail and services should be located at the
intersections of Thoroughfares or Collector streets or at the edge of logical
neighborhood areas. In addition, offices should be compatible with nearby residential
uses. The proposed use of a church is a service for the surrounding area and a low
intensity commercial use which makes it compatible with the residential uses across
Mclean Road.
Conformance with the Thoroughfare Plan
The subject property is located at the junction of Broadway Street, West Walnut Street,
and Mclean Road.
Broadway Street has a right-of-way of 142 feet and is a Major Thoroughfare to be
widened. Major thoroughfares are defined as having a minimum right-of-way of 120
feet. Broadway Street has sufficient right-of-way.
West Walnut Street has a right-of-way of 64 feet and is a Major Collector to be widened.
Major Collectors are defined as having a minimum right-of-way of 80 feet. At its most
narrow intersection. West Walnut Street requires additional right-of-way of 16 feet.
Mclean Road has a right-of-way of 67 feet and is a Minor Collector of sufficient width.
Minor Collectors are defined as having a minimum right-of-way of 60 feet.
Conformance with the Unified Development Code
The property is currently developed and conforming with the current Unified
Development Code (UDC). The applicant plans to repurpose the existing structure for a
sanctuary and associated church offices. The lot requirements of the proposed NS
zoning district are provided in the following table.
Neighborhood Service (NS) Area Regulations
21
Zoning
Land Use
North
General Business (GB)
Church
South
Neighborhood Service (NS)
Commercial Shopping Center
East
General Business (GB) and
Single -Family Residential -2 (R-2)
Residential and Bail Bonds
West
Neighborhood Service (NS)
Commercial Shopping Center
Conformance with the Comprehensive Plan
The current zoning is in conformance with the Future Land Use Plan (FLUP). FLUP
designates this property as "Retail, Offices and Services" which is described as
including a variety of office and retail development. The Comprehensive Plan
recommends that neighborhood retail and services should be located at the
intersections of Thoroughfares or Collector streets or at the edge of logical
neighborhood areas. In addition, offices should be compatible with nearby residential
uses. The proposed use of a church is a service for the surrounding area and a low
intensity commercial use which makes it compatible with the residential uses across
Mclean Road.
Conformance with the Thoroughfare Plan
The subject property is located at the junction of Broadway Street, West Walnut Street,
and Mclean Road.
Broadway Street has a right-of-way of 142 feet and is a Major Thoroughfare to be
widened. Major thoroughfares are defined as having a minimum right-of-way of 120
feet. Broadway Street has sufficient right-of-way.
West Walnut Street has a right-of-way of 64 feet and is a Major Collector to be widened.
Major Collectors are defined as having a minimum right-of-way of 80 feet. At its most
narrow intersection. West Walnut Street requires additional right-of-way of 16 feet.
Mclean Road has a right-of-way of 67 feet and is a Minor Collector of sufficient width.
Minor Collectors are defined as having a minimum right-of-way of 60 feet.
Conformance with the Unified Development Code
The property is currently developed and conforming with the current Unified
Development Code (UDC). The applicant plans to repurpose the existing structure for a
sanctuary and associated church offices. The lot requirements of the proposed NS
zoning district are provided in the following table.
Neighborhood Service (NS) Area Regulations
21
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
Size of Lot Required
Minimum Lot Size
12,500 sq. ft.
Minimum Lot Width 100 ft.
Minimum Lot Depth 100 ft.
Proposed
0.846 acres / 36,852 sq. ft
218 ft.
169 ft.
The property may remain in its current state. If the property undergoes any major
changes, it will be required to meet current development standards. The property falls
within the COD and any development would be required to stay in compliance with the
COD requirements in addition to other UDC requirements.
Platting Status
The subject property is platted as West Side Plaza Tract 11.
Availability of Utilities
The subject property has access to City water and sanitary sewer infrastructure. A 12 -
inch water line exists along the south side of West Walnut Street and a 10 -ince water
line along the west side of Mclean Road. A 15 -inch sanitary sewer line also runs along
the west side of Mclean Road.
Impact on Existing and Future Development
The proposed CUP should not have any negative impact on existing or future
development of the shopping center. The site was previously used for a Goodwill.
While this CUP is for a change of use, the intensity of the use will be less than the
previous use. The proposed use will likely not cause a traffic problem for the Pearland
Westside, the surrounding shopping center, as the uses are occupied at different times.
The shopping center has a history with churches. Two CUP's were approved in 2009
for churches on the main shopping center lot. Currently there are no other religious
uses within the center.
Additional Comments
The request has been reviewed by the City's Development Review Committee (DRC),
and there were no additional comments from other departments at the time of this
report.
Public Notification
Staff sent public notices. comment forms and a vicinity map to the applicant, the owner
of the property and to property owners within 200 feet of the subject property under
consideration for the zone change. Additionally, a legal notice of the public hearing was
published in the local newspaper, and a notification sign was placed on the property by
the applicant.
Opposition to or Support of Proposed Request
Staff has not received any returned notices in opposition to or in support of the
proposed change in zoning request. Staff has received one phone call in opposition to
this request.
31
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
Exhibits
1. Aerial Map
2. Zoning Map
3. Future Land Use Map
4. Notification Map
5. Notification List
6. Applicant Packet
41Page
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Exhibit 1
AERIAL MAP
CUP 16-00007
5004 Broadway Street
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes. It.
does not represent an on•the•ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 91 feet
AUGUST 2016
PLANNING DEPARTMENT
1
Exhibit 2
ZONING MAP
CUP 16-00007
5004 Broadway Street
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes. 11
does not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 91 feet
AUGUST 2016
PLANNING DEPARTMENT
'3003
MCLEAN RD
Medium Density Residential
L.
Exhibit 3
FLUP MAP
CUP 16-00007
5004 Broadway Street
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes. It.
does not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 91 feet
AUGUST 2016
PLANNING DEPARTMENT
5096
5060
o 5003 5001
5101 Z
4. f#'. A" , ,
Or
/
.40- fail
tr - fp. 4* '
5072
5074
SILSBEE DR
Exhibit 4
NOTIFICATION MAP
CUP 16-00007
5004 Broadway Street
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes. It
does not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 91 feet
AUGUST 2016
PLANNING DEPARTMENT
Exhibit 5
CUP 16-00007
Property_Owner
2 BARNETTS LTD
AROUD MOHAMMED FATIH
CITY OF PEARLAND
FELTS ALBERT C & BETTY L
JORDAN JEANIE ALENE & CANDACE ANN ATKINSON
MCLEHANY TROY
MERCER JAMES T
PEARLAND WESTSIDE II ASSOC. LP
PHAM HIEP & THANH
PHAM MIKE
SOVEREIGN GRACE CHURCH OF PEARLAND
WESTSIDE SC PEARLAND LTD
Address
5402 RYAN ACRES DR
11403 SOFTBREEZE CT
3519 LIBERTY DR
2927 VEVA DR
2609 MCLEAN RD
15702 SEASIDE LN
2601 TARRYTOWN LN
7373 E DOUBLETREE, #200
PO BOX 84117
918 SHAWNEE ST
P. O. BOX 1053
4808 GIBSON ST, 3RD FL
City
PEARLAND
PEARLAND
PEARLAND
PEARLAND
PEARLAND
HOUSTON
PEARLAND
State
TX
TX
TX
TX
TX
TX
TX
SCOTTSDALE AZ
PEARLAND TX
HOUSTON TX
PEARLAND TX
HOUSTON TX
Zip_Code
77584
77584
77581
77584
77584
77062
77581
85258
77584
77034
77588
77007
TYPE OF APPLICATION;
City of Pearland
Planning Department
Universal Application
Please complete each feld - Incomplete applications wl!t not be accepted. All
eppllcatlona, including tho checklist, must be submitted In electronic format
as a PDF and provided by email, USB / CD. Refer to the schedule on the City's
webslte andlor within the Planning Department for deadlines and anticipated
meeting dates for each project type.
❑ Zoning Change (from) (to) 0 ZBA Variance
❑ Cluster Development Plan ❑ P8Z Variance
❑ Planned Development Workshop ❑ Special Exception
❑ Plat (list type j: ❑✓ Conditional Use Permit
PROJECT INFORMATION:
❑ Resfdenttai ❑✓ Commercial 0 Property Platted 0 Property Not Platted
Project Name: Sovereign Grace Church of Pearland Tax ID: 760398736
ProJeclAddresa/Locatlon: 5004 Broadway, Pearland, TX
City or Pearland
Community Development
3523 liberty Ditto
(Community center)
Puerta/1d, Toxaa 77681
281 852.1785
281.862.1702 ((ax)
peariundbt.gov
'Plat Types include:
Minor, Amending,
Pref;minery, Fine),
Mesta, Roelof
Subdivision:West Side Plaza II (A0240 HT&B)
No. of Lots:
1
Total Acres: 0.846
Brief Description of ProjectAllow building at 5004 Broadway to be used as a Church serving the surrounding community
When a completed application packet has been accepted and reviewed, additional Information may be required by staff as a
result of the review, therefore It may be necessary to postpone the proposed project and remove it from the scheduled agenda and
place it on a future agenda according to Section 1.2 1 2 of the Unified Development Code.
PROPERTY OWNER INFORMATION:
Name: lor/L/ftf 4' s/s/4Gir /6-50. Z f
APPLICANT/AGENT INFORMATION:
Nems: Sovereign Grace Church of Pearland
Address: 7 75 �� �b2 -- #PoZOo Address P.O. Box 1053
City:r�[er4S46i /-e-- State: A 2- Zip:'� y s g City: Pearland
Phone: 'Yea ~ � o 1- 0'7' . " phone: 7137752294
State: TX
Dp:77588
Fax: Vg'O — '��3-2 g23 Fax:
Email Address: G T/^EJ E 3777a/L Email Address:
leslie.k.padilla@nasa.gov
"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 -'.royal 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:
Date: "" -- /6
Date: 7/l4//!6
OFFICE USE ONLY:
FEES
PAID:
DATE
PAID:
RECEIVED
BY:
RECEIPT
NUMBER:
Fees evIll be accepted by phone or In person. Pteaeo contact 281.652.1185 for Instructions.
APPLICATION
NUMBER:
PEARLAND WESTSIDE II ASSO.LP
7373 E. DOUBLETREE - #200 SCOTTSDALE, AZ 85258
PH. 480-607-0735 FAX: 480-483-2823
June 6, 2016
To Whom It May Concern:
RE: 5004 Broadway
Pearland, Texas
Pearland Westside Associates II Limited is owner of record of the above referenced
property located in Pearland, Brazoria County, Texas.
We herewith agree to allow Leslie K. Padilla to apply for a "Change of Use" for said
property with the City of Pearland Texas.
Very truly yours,
Pearland Wes . e 1 Associates Limited
,By MD
General Partner
Letter of Intent
Conditional Use Permit
5004 Broadway, Pearland, TX 77584
Sovereign Grace Church of Pearland (SGCP) is requesting a Conditional Use Permit
(CUP) for 5004 Broadway, Pearland, Texas.
The old Goodwill building is 10,500 square feet sitting on a .846 acre lot in the West Side
Plaza Strip Center. This currently vacant space will be reconfigured to facilitate church
assembly and worship. This will include installing walls to ensure the main worship room
will be no greater than 5300 square feet. Our specific hours of worship on the first
Sunday of the month are 9am to 1 pm, with every other Sunday ending at noon.
This CUP would allow the purchase of this currently vacant building to be used as the
home of Sovereign Grace Church of Pearland.
SGCP has been located in Pearland since 2002 and owns land on Max Rd. The
members have been grateful to rent excellent facilities and have always desired to own
within the city. The members meet each Sunday morning with the service stretching into
the early afternoon on first Sundays for communion.
The members of Sovereign Grace Church of Pearland thank you for carefully
considering this request for a CUP allowing our church to grow with our city. We ensure
proper signs will be post prior to public hearings.
Please let me know if additional information is needed to support this request, and thank
you for your time.
Sincerely,
Sovereign Grace Church of Pearland
TAX RECEIPT
RO'VIN GARRETT, PCC
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Certified Owner:
PEARLAND WESTSIDE 1I ASSOC LIMITED
7373 E DOUBLETREE RANCH RD STE 200
SCOTTSDALE , AZ 85258-2145
Deposit No: 512511134843
ValldatIoa No: 968
Account No: 8248-2001-001
Operator Code: LATOYA
Year Tat Unit Name
2015 Bcazoria County
2015 Special Road & Bridge
2015 Penland Isd
2015 Oratorio Drainage Dist 4
2015 City OfPearland
--
Check (Vdmber(s):
00001246
Excestakins on this property:
Rec Type Tax Value Tax Rate Levy Paid
TL 1,249,910 0.426000 5,324.62
TL 1,249,910 0.060000 749.95
11 1,249,910 1.415600 17,693.73
11. 1,249,910 0.155500 1,943.61
TL 1,249,910 0.705300 8,815.62
PAYER:
PEARLAND WESTSIDE II ASSOC LIMITED
7373 E DOUBLETREE RANCH RD STE 200
SCOTTSDALE , AZ 85258-2145
S34,527.53
Legal Description:
WEST SIDE PLAZA 11 (A0240 H T &
B)(PFARLAND) , BLOCK 1, LOT 1, ACRES
0.846
Parcel Address: 5004 BROADWAY FM 518
Legal Acres: 0.8460
Remit Seq No:
Receipt Date:
Deposit Date:
Print Date:
Printed By:
31193551
01/25/2016
01/26/2016
02/032016 11:18 AM
LATOYA
MI Coli Fee Paid Total
0.00 0.00 5,324.62
0.00 0.00 749.95
0.00 0.00 17,693.73
0.00 0.00 1,943.61
0.00 0.00 8,815.62
50.00 50.00 534,527.53
PAYMENT TYPE:
Checks:
Total Applied:
Total Tendered:
(for accounts paid on 01/25/2016)
Change Paid:
ACCOUNT PAID IN FULL
534,527.53
534.527.53
534,52753
50.00
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PA
SADEr[[NA. XASE 77004
PHONE: (713 941-D955
941-0955
SUR0.LIE�4. 40(000T9S 51C.
JOHN P. WIPpE, OAS %5099
P 0 00X 270107
6404151104 I2XAS 77723
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PHONE: (713 702-1349
FINAL PLAT
CF
HEST SIDE PLAZA TRACT II
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Metes and Bounds Description
Tract II:
A certain 218.00 by 169.00 tract of land out of a tract "A" of the West Side Plaza
adjoining McLean Road on the East and Walnut Street (F.M. 518) on the North and being
more particularly described by metes and bounds as follows:
Beginning at a chiseled "x' at the point of intersection of the South line of the South line
of said Walnut Street and the West line of said McLean Road (60' Row);
Thence South 00° 43 Min 52 Sec East along the West line of McLean Road. A distance
of 169.00 feet to a 1/2 inch iron rod for corner;
Thence South 89° 05 Min 55 Sec West a distance of 218.00 feet to a chiscld "x" in
concrete for comer;
Thence North 00° 43 Min 52 Sec West a distance of 169.00 feet to a set 1/2 inch iron rod
in the Sout line of said Walnut Street;
Thence North 89° 05 Min 55 Sec East along the South line of said Walnut Street a
distance of 218.00 feet to the Point of Beginning;
Said tract containing .846 acre, more or less
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 16000331138
Closer: Gail Kohl
Effective Date:
May 08. 2016 at 8:00 AM
Issued
May 16, 2016 at 1:01 PM
1. The policy or policies to be issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE (Form T- I)
(Not applicable for improved one -to -four fancily residential real estate)
Policy Amount: T.B.D.
PROPOSED INSURED: To Be Determined
(b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
--ONE-TO-FOUR FAMILY RESIDENCES (Form T-1 R)
Policy Amount: $
PROPOSED INSURED:
LOAN POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T -2R)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount: $
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER -
Policy Amount: $
PROPOSED INSURED:
(c)
(e)
2. The interest in the rand covered by this Commitment is:
Fee Simple
3 Record title to the land on the Effective Date appears to be vested in:
Pearland Westside II Associates Limited, a Texas limited partnership
4. Legal description of the land:
Lot One (1), Block One (1), West Side Plaza Tract II, according to the map or plat thereof recorded in Volume
22, Page 39 Plat Records, Brazoria County, Texas
File No16000331138 STEWART TITLE
PROM HELLER t ASSOCIATES, P.C. (71.3) 622-1348
07,31.2283 16135 P. 2
RECIPPRO CALEASEMENT AGREEMENT
This Reciprocal Easamant Agreement (the "Agreement) Is executed by PEARLAND
WESTS1DE ASSOCIATES LJMITED, a Texas limited partnership ("Pearland") and by
MILLENNIUM DEVELOPMENT lI, INC., a Texas corporation ("Millennium"), for the purposes
and upon the consideration herein act forth,
RECITALS
A. Pearland is the owner of that certain 5,044 acro tract of 1 a d (`"iract A") being
more particularly described by metes and bounds on Exhibit "A" which is attached
hereto and incorporated herein by reference,
B. Millennium is the owner of that certain .846 acre tract of land ("Tract 131
being more particularly described by metes and bounds on Exhibit "B" which is
attached hereto and incorporated herein by reference.
C, Tract A and Tract B are both shown on the survey plat dated January 10,
2000, prepared by Charles O. Brandt, Registered Professional Surveyor No, 4344, of
Gullett & Associates, Inc. of Houston, Texas,
D. Tract A and Tract 13 are contiguous parcels of land in Brazoria County, Texas,
Tract A consists of a shopping center commonly known as West Side Plaza, and
Tract consists of a pad site immediately adjacent to and adjoining West Side Plaza,
E. Pearland desires to grant, sell and convoy to Millennium aperpetual easement
over Tract A for access from Tract B and for parking from Tract B onto Tract A (the
"Tract A Easement").
F. Millennium desires to grant, sell and convoy to Pearland a perpetual easement
over Tract 13 for access from Tract A and for parking from Tract A onto Tract B (the
Trace 13 Easement").
NOW, THEREFORE, in consideration of the payment of the surn of TEN and NO/100
DOLLARS ($10.00) and other good and valuable consideration by each party to the other, and for
the further consideration of the agreement of each party hereto to grant an easement in favor of the
other, each party doss hereby grant an easement in favor of the other as more particularly set forth
herein.
GRANT OF THE TRACT A EASEMENT
1. Grant of Easement. Pearland grants, sells and conveys to Millennium the Tract A
Easement, which shall be an easement appurtenant and right-of-way upon and across the driveways
and parking areas of Tract A.
2. Purpose of Easement. The Tract A Easement and right-of-way granted herein is for
the purpose of providing driveway access and parking from Tract B onto Tract A for the benefit of
Millennium, its successors and assigns,
cu4u77,00BuamtAgreme 1
Page 1 of 3.,,
FRCM HELLER t ASSOCIATES. D.C. ATTORNEYS
09.14.2000 09138
GRANT OF THE TRACT B EASEMENT
3 Grant of Easement. Millennium grants, sills and convoys to Peariand the Tract B
�as� ment, which Shall be an easement appurtenant and right-of-way upon and across the driveways
and parking areas of Tract B.
4. Purpose ofEas.enent. The Tract B Easement and right-of-way granted herein is for
the purpose of providing driveway access and parking from Tract A onto Tract B for the benefit of
Pearland, its successors and assigns.
GENERAL COVENANTS
S. Duration of Easements, The Traci A Easement and the Tract B Easement shall be
perpetual.
i
6. Warranty of Title. Pearland, its successors and assigns, are and shall be bound to
trent and forever defend the Tract A Easement and the rights conveyed in this instrument to
illennium, its successors and assigns, against every person lawfully claiming or to claim any part
o the Tract A Easement herein conveyed. Mille nium, hs successors and assigns, are and shall be
d to warrant and forever de:nd the Traci 13 Easement and the rights conveyed in this instrument
to' Pearland, its successors and assigns, against every person lawfully claiming or to clai:n any part
o the Tract B Easement herein conveyed.
i: 7. Non -Exclusiveness of Easements The Tract A Easement and the Tract A Easement,
and el: tights and privileges granted herein by the parties hereto are non-exclusive, and Pearland and
144llennium reserve and retain the right to convey similar rights and easements to such other persons
as they may deem proper, as long as the conveyance of such rights and easements does not
unreasonably interfere with the easements herein conveyed.
1 8. Indemnity. Pearland shall hold harmless, defend and indemnify Millennium against
claims, demands, actions or liabilities which may arise from Peariand's exercise of the rights
associated with the Tract 8 Easement. Millennium shall hold harmless, defend and indemnify
Pearland against claims, demands, actions or liabilities which may arise from Millennium's exercise
oflthe rights associated with the Tract A Easement.
9. Rights Reserved. Pearland retains, reserves and shall continue to enjoy the use of the
since of all of Tract A for any and all purposes, as long as such purposes do not unreasonably
interfere with the use by lvfiilernlum of the Tract A Easement. Millennium retains, reserves end shall
co tinue to enjoy the use of the surface of all of the Tract B Easement for any and all purposes, as
lo4g as such purposes do not unreasonably interfere with the trse by Pearland of the Tract B
Easement.
10. Binding Effect. The terms and provisions of this Reciprocal Easement Agreement
s11 bind and inure to the benefit of Pearland and to Millennium, and to their respective successors
an assigns.
CAil/1197T001Asonatt Apacem
Page 2 of 3
O. 4
FROM HELLER 1 ASSOCIATES. P.C. ATTORNEYS
09.74.2008 0?e18 P. S
Executed this the day of September, 2000.
PEARLAN» WESTSIDE ASSOCIATES
LIMITED, a; Teas Limited Partnership,
by Its Genekal Partner, MILLENNItUM
DEVELOPMENT CORP., a Texas
Corporation
By: f
RAYMI. i , TIBDIE, President
MILLENNIUM DEVELOPMENT II,
INC., a Teras a•.rporatlon
By:
RA : OIp Q. TrDIE, President
S ATE OF A?/Zo/✓f1
C UNTY 01;1;14=4- /-141? / Got i
This instrument was acknowledged before me on the __ day of September, 2000 by
RAYMOND G. TIEDJE, the President of Millennium Development Corp„ a Texas Corporation, the
General Partner of PEARLAND WESTSIDE ASSOCIATES LIMITED, a Texas Limited
Partnership, on behalf of said Cor •.ration as the General Partner of said Limited Partnership,
/lel!/�
OTARY PUBLIC, Ste e of T
AL/
17/45r
/4 aN,4
S ATE OF4 - /4X1/0-1.)/4
Z
C LINTY OF14;6444S Alr4R c /0/
This instrument was acknowledged before me on the o27 day of September, 2000 by
RAYMOND 0, TIEDIE, the President of MILLENNIUM DEVELOPMENT II, INC., a Texas
CtIrporation, on behalf of said Corporation.
C:401197700F .W.11 Agrermant
OTARY PUBLIC, Stat of T
4,a'7(2.0/111
Page 3 of 3
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EXISTING 5UILDING - 10,371 SQ.FT.
FLOOR PLAN
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Brazoria Drainage District'No 4 Complex
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West Side Plaza Tr 11
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West Side Plaza
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4906
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Rittenhouse on Wainut
1 4804
Wiliam ick
2702
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2
2701
2703
2702
2704
276 S1 2706
This product is for informational purposes and
may not have been prepared for or be suitable
for legal. engineering, or surveying purposes. It
does not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
Scale 1:1,699
1 In • 133 ft
June 06, 2016
NORTH
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PEAP.LAND jrt LIMIT
West Side Plaza Tr II
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CONSULTING ENGINEER - SURVEYOR
TEXAS P.E #22590 - TEXAS R.P.L.S. #1445
GULF COAST ENGINEERING d SURVEYING
TOPE' FIRM ¢4534 . THPLS hRA! 1(0061900
P.O.
Cat' 38?U AMRQIE 1FXAS77568
109/935244' TEXASC11Y 28I/186-6969RWS70W
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