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Ord. 2000CUP-29 2009-03-23ORDINANCE NO. 2000CUP-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, ON PLAT FILED FOR RECORD AS TRACT 1 WITH 2.0 ACRES AND TRACT 2 WITH 3.8897 ACRES OUT OF RESERVE "A" IN THE REPEAT OF CORRIGAN ADDITION SECTION 1 (VOLUME 2, PGS 97-98 B.C.P.R) WEST SIDE PLAZA SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 5070 W BROADWAY STREET, PEARLAND TX.), CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-05, TO PERMIT A CHURCH, IN THE NEIGHBORHOOD SERVICES (NS) DISTRICT, AT THE REQUEST OF RCCG HOUSE OF GLORY CHAPEL, APPLICANT, AND PEARLAND WESTSIDE ASSOCIATES, LTD., OWNERS, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. WHEREAS, RCCG House of Glory Chapel, applicant, and Pearland Westside Associates Ltd., owners, filed an application for a Conditional Use Permit for 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 16h day of March, 2009, 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 ORDINANCE NO. 2000CUP-29 WHEREAS, on the 16th day of March, 2009, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed Conditional Use Permit application by RCCG House of Glory Chapel, applicant, and Pearland Westside Associated Ltd., owners, whereby the Commission recommended approval of the Conditional Use Permit. Specifically, the Conditional Use Permit includes 2,360 square feet of area located within suite 5070 located at 5040 W. Broadway St., as shown in Exhibit A, to be used as a place of worship, including a Pastor's office, conference/counseling room, resource room, sanctuary, a children's room, and two youth rooms. 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 a regular meeting on 23th day of March, 2009; 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 RCCG House of Glory Chapel, applicant, and Pearland Westside Associates, Ltd., owners, 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 Page 2 of 4 Ord No 2000CUP-29 ORDINANCE NO. 2000CUP-29 the City of Pearland, Texas, and presently classified as Neighborhood Services (NS) District, is hereby granted a Conditional Use Permit to allow a Church, in; such property being more particularly described as: BEING Tract 1 with 2.0 acres and Tract 2 with 3.8897 acres out of Reserve "A" in the Replat of Corrigan Addition Section 1 (Volume 2, pgs 97-98 B.C.P.R) West Side Plaza Subdivision, City of Pearland, Brazoria County, Texas (located at 5070 W Broadway Street, Pearland TX.) Specifically, the Conditional Use Permit includes 2,360 square feet of area located within suite 5070 located at 5040 W. Broadway St., as shown in Exhibit A, to be used as a place of worship, including a Pastor's office, conference/counseling room, resource room, sanctuary, a children's room, and two youth rooms. 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 Page 3 of 4 Ord No 2000CUP-29 ORDINANCE NO. 2000CUP-29 benefit of the City. Section VI. This Ordinance shall become effective after its passage and approval on first and only reading. Section VII. Declaration of Emergency. The Council finds and determines that the need to regulate land use inures to the benefit of the public and, therefore, bears directly upon the health, safety, and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be hereby waived. PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this the 23rd day of March, 2009. c.y TOM REID MAYOR ATTEST: Y UNG R t G, RM Y SE ETAR APPROVED AS TO FORM: __ G~n- - ~- ~ C~---_ DARRIN M. COKER CITY ATTORNEY ~~ARL,gyo~'. ..,~_ ~~, ~_ N,,, ~~~~.11.N•N Page 4 of 4 Ord No 2000CUP-29 Exhibit "A" Application Ordinance No. 2000CUP-29 CUP APPLICATION Page 1 of 4 (Updated May 2008) City of Pearland APPLiCATI~N FOR Comm 3523 Liberty D ~e r A CONDITIONAL USE Pear and Texas 758; PERMIT (CUP) 28'52-,768 281-652-1702 fax www.cityofpearland.com p C f} %~ o N 6cl ~1rft,;~/ g ll~.S' Conditional Use Permit Request for: ZoNEp J>isTX~/c7'' (list proposed use from the Table of Uses of the UDC) Current Zoning District: / ~~ Property Information: Address or General Location of Property: _ _ ~~ ~~ IJiQvAO h/A~ ~E~ ~A~~~o, T=ARS ~?s8i Tax Account No. 7~ - a 9 ~ 3aoo Subdivision: Lot: Block: A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME E"ARLAN/~ ~E.SI~/D~ ~ltoG/fI~E1; ADDRESS_rI3~I.3 ~11pN~lLr7~t~ /fA~G7/i"oAd,~a.$S CITYclG~~a%l" STATE ~ 2 ZIP 8~.s8 PHONE 8a ) 0~]" 0735 1=Ax~ 80 ~ o?'- o83vr' E-MAIL ADDRESS f''~c~ MIIIE„av%an~fo%VCvrp. ~,~,I APPLICANT INFORMATION: NAME ,ECG C ~S~ of GC~p.°7~ EC., ADDRESS~C~4~ ~PQ4d~''~ S~.tiTt $d70 CITY /~et7t~L,~•+l,' STATE T ZIP~tS PHONE( ?/3 r1 .~""' ~.S~~S FAX( S~)_ ,.73 ~ " %•'Z 7.3 E-MAIL ADDRESS7''~Gi3%~Xs 37$ B~/~4J~~~I~CDsi `Property owner must be the current owner of the property at the time of submittal of the application, and not the parry 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 C_.o~,°~ the City of Pearland. ,. Owner's Signature: 22 ~ Date: ~-" y ~~ Agent's Signatur ~~o~7W,ri' ,~G~,eta~' Da;~e~ 3 a~ E 0 ~u' OFFICE USE ONLY: PAED: "!/'SD r ~ pA of Z J ~ ~' ~ RBYCENED NUMBER: L ~ ~O O ` FEB ~ 1 2009 Appltcation No. 9` ~~ ~1-~~~ "Jesus Christ, the same yesterday, today, and forever.` Heb. t 3:8 E.A. Adeboye General Werseer Bayo Fadugba RditOt•iiMhs9rge RCCG House of Glory Chapel, 5040 Broadway Street Suite 5070, Pearland, TX 77581. Letter of Intent RCCG House of Glory Chapel (an extension of The Redeemed Christian Church of God) intends to use the above address as a place of worship known as church. The times of our meetings are as follows: • Sunday Service 9:OOam - 12:OOnoon. • Tuesday Bible Study 7:OOpm - 8:30pm. • Thursday Faith Clinic 7:OOpm - 8:30pm. • 1 sc Friday of the month Holy Ghost Night 9:OOpm - 1:OOam. • Administrative Office Hour: Tuesday -Friday 10:00am - 7:OOpm This is a new church with 10 members. The square footage is 2360. Designated usage is as follows: • Pastor's office. • Conference/Counseling room. • Resource room. • Sanctuary. • Children room. • Youth room. Tosin Victor Akindona is the Senior Pastor of the church. We have 50 seats available in the worship area. All worship and church activities will be held within Suite 5070 of the West Side Plaza. If you have any questions, please feel free to contact me. Sincerely, Victor Akindona i2d3 Cravens Road, Stafford. TX 77477 i Tel: 1281} 2a8-35t0 ~ Fax: (832) 447-1076 • www.dom+nPflncity.org 4 u ~ ~ u ~ ~ ~ ro~ a` ~o~ Q r~~i W 33 ~~ i ~~ N. 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BROADWAY ST.