R2024-CUP24-07_2024-03-25RESOLUTION R2024- CUP24-07
Consideration and Possible Action - Resolution No. R2024-CUP24-07 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for expansion of a Church use, within the
Neighborhood Service (NS) District, to accommodate an expansion of an
existing Church, on approximately 4.747 acres of land, being Lot 1, in Block
1, Minor Plat of Vineyard Christian Fellowship of Pearland, Inc., a subdivision
in Brazoria County, Texas, according to the map or plat thereof, recorded in
County Clerk’s File No. 2014043218 in the Plat Records of Brazoria County,
Texas (located at 2905 Harkey Road, Pearland, TX ). Conditional Use Permit
Application No CUP24-07, for expansion of a Church use, within the
Neighborhood Service (NS) District, at the request of Kurt Attaway, applicant,
on behalf of Vineyard Christian Fellowship of Pearland, owner, containing a
savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Kurt Attaway, applicant, on behalf of Vineyard Christian Fellowship of
Pearland, owner, is requesting approval of a Conditional Use Permit (CUP) for expansion
of a Church use within the Neighborhood Service (NS) District, on approximately 4.747
acres of land; 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 4th day of March 2024, a public hearing was held before the
Planning and Zoning Commission of the City of Pearland, Texas, notice being given by
online publication on the City website, a copy of which 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, the Planning and Zoning commission having fully reviewed all the
information provided and heard the testimony of all those who wished to speak has
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provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
WHEREAS, on the 25th day of March 2024, the City Council having fully heard the
testimony and argument of all interested parties finds that in the case of the application
of Kurt Attaway, applicant, on behalf of Vineyard Christian Fellowship of Pearland, owner,
is requesting approval of a Conditional Use Permit (CUP) for expansion of a Church use
within the Neighborhood Service (NS) District; presented which, in the judgment of the
City Council, would justify the approval of said application; now, therefore,
BE IT RESOLVED 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 Service (NS) District, is hereby granted a Conditional Use Permit (CUP)
for expansion of a Church use, in accordance with all conditions and requirements of the
Unified Development Code approved by the City Council and incorporated for all
purposes, such property being more particularly described as:
Legal Description: Lot 1, in Block 1, Minor Plat of Vineyard Christian Fellowship
of Pearland, Inc., a subdivision in Brazoria County, Texas, according to the map
or plat thereof, recorded in County Clerk’s File No. 2014043218 in the Plat Records
of Brazoria County, Texas.
General Location: 2905 Harkey Road, 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
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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 and to City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that the
Resolution 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
Resolution 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 Resolution and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. This Resolution shall become effective after its passage and
approval
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PASSED, APPROVED, and ADOPTED on this day, the 25th day of March 2024.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Lot 1, in Block 1, Minor Plat of Vineyard Christian Fellowship of Pearland, Inc., a
subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in
County Clerk’s File No. 2014043218 in the Plat Records of Brazoria County, Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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Exhibit “D”
Recommendation Letter with Input and Discussion
Recommendation Letter with Input and Discussion
March 5, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-07
Honorable Mayor and City Council Members:
At their regular meeting on March 4, 2024, the Planning and Zoning Commission considered the
following:
Public Hearing: A request by Kurt Attaway, applicant, on behalf of Vineyard Christian
Fellowship of Pearland, owner, for approval of a Conditional Use Permit (CUP) for the
expansion of a Church use within the Neighborhood Service (NS) District, on
approximately 4.747 acres of land, to wit:
Legal Description: Lot 1, in Block 1, Minor Plat of Vineyard Christian Fellowship of
Pearland, Inc., a subdivision in Brazoria County, Texas, according to the map or plat
thereof, recorded in County Clerk’s File No. 2014043218 in the Plat Records of Brazoria
County, Texas.
General Location: 2905 Harkey Road, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on March 4, 2024. The applicant was present to answer any
questions. There were no speakers from the public for or against the request. The Commission
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discussed the use of the proposed building, required parking, and the materials for the proposed
building.
After discussion, the Commission took a motion to recommend approval of the CUP for the
expansion of a Church use and the motion passed by a vote of 6-0. The vote by the
Commission constitutes a positive recommendation for Council.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
Planner II Bauer presented the staff report with exhibits. Planner II Bauer stated that the
Conditional Use Permit (CUP) is to allow the expansion of church use building within the NS
District and no public comments in favor or against the application have been received. Planner
II Bauer described the use of the new building and that it was a metal building located behind
another building on the property. Planner II Bauer stated that the CUP application meets all
criterions of the Unified Development Code (UDC), and staff recommends approval.
Vineyard Christian Fellowship Church Board representatives, Kent McKitrick at 519 Linson
Lane, Friendswood, Texas 77546, and Brandon McCalip at 3414 Saint Charles Court, Missouri
City, Texas 77459, were in attendance in-person in PEDC Board Room to answer any question
for the P&Z Board.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner McDonald asked the applicant about current activities that would be housed in
the building. Mr. McKitrick discussed that it would primarily be used as a youth building for
Sunday services and other activities, Girl Scout meetings, and various support groups.
Commissioner McCathran asked staff if there was sufficient parking on the property with the
addition of the building. Mr. McKittrick responded yes, engineering determined that no
additional parking or detention were needed for this expansion. Planner II Bauer stated that
staff determine the required parking spaces on the size of the main sanctuary, which was
determined to be 39 spaces, and currently the church has 101 parking spaces. Commissioner
Fuertes discussed his concern with the expansion being a metal building.
There was no further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the item on Consideration and Possible Action –
Conditional Use Permit Application: CUP24-07. Commissioner McCathran made the motion to
approve the CUP, Commissioner Dugas seconded the motion.
Motion passed 6-0.
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Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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