Ord. 2000CUP-34 2009-08-31ORDINANCE NO. 2000CUP-34
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 4.793 ACRE
TRACT OF LAND IN THE W.D.C. HALL LEAGUE SURVEY, ABSTRACT
NO. 70 IN BRAZORIA COUNTY, TEXAS. SAID 4.793 ACRE TRACT IS
PART OF A 5.103 ACRE TRACT CONVEYED TO BETHANY ASSEMBLY
OF GOD CHURCH AS RECORDED IN VOLUME 1158, PAGE 625 OF THE
DEED RECORDS OF BRAZORIA COUNTY, SAID TRACT BEING OUT OF
TRACT 1 OF THE PARTITION OF A 120.44 ACRE AS SHOWN ON THE
PARTITION MAP RECORDED IN VOLUME 6, PAGE 142 IN THE MAP
RECORDS OF BRAZORIA COUNTY, (LOCATED AT 3011 YOST
BOULEVARD), (CONDITIONAL USE PERMIT APPLICATION NO. CUP
2009-10), TO PERMIT A CHURCH IN THE SINGLE FAMILY RESIDENTIAL-
1 (R-1) ZONING DISTRICT, AT THE REQUEST OF CECIL WHITTON,
APPLICANT FOR LIFE POINTE FELLOWSHIP, OWNER, 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, Cecil Whitton, applicant for Life Pointe Fellowship, owner, 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 17th day of August, 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-34
WHEREAS, on the 17th day of August, 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 Cecil Whitton, applicant
for Life Pointe Fellowship, owner, whereby the Commission recommended approval of
the Conditional Use 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 a regular meeting on the 31St day of August,
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 Cecil Whitton, applicant for Life Pointe Fellowship, 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 Single Family Residential-1 (R-1)
Zoning District, is hereby denied a Conditional Use Permit to allow a church, in; such
property being more particularly described as:
Approximately 4.793 acre tract of land in the W.D.C. Hall League Survey, Abstract
No. 70 in Brazoria County, Texas. Said 4.793 acre tract is part of a 5.103 acre tract
conveyed to Bethany Assembly of God Church as recorded in Volume 1158, Page
625 of the Deed Records of Brazoria County, said tract being out of Tract 1 of the
Partition of a 120.44 acre as shown on the Partition Map recorded in Volume 6,
Page 2 of 4
Ord No 2000CUP-34
ORDINANCE NO. 2000CUP-34
Page 142 in the Map Records of Brazoria County. (Located at 3011 Yost Boulevard).
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 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.
Page 3 of 4
Ord No 2000CUP-34
ORDINANCE NO. 2000CUP-34
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the 31St day of August, 2009.
~.~.Q
TOM REID
MAYOR
ATTEST:
• ,,~Q~,~RLa~;
`~~'~~
~>..
Y G I R '~-
~~,.
C SE ETAR
APPROVED AS TO FORM:
~•~- _ .
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-34
Exhibit "A"
Application
Ordinance No. 2000CUP-34
CUP APPLICATION Page 1 of 4 (Updated May 2008)
City of Pearland
APPLICATION FOR Comm3523DLiberty D ~e
_ ; ~ ;_~~~ A CONDITIONAL USE Pearland, Texas i~ss;
PERMIT (CUPS 28,-652-,768
281-652-1702 fax
www.cityofpearland.com
Conditional Use Permit Request for: C_ ~ ~ , ~ .< < l L ~ -r`>`.,... by %~ ~ ~~, .: ~,- ,, - ., ;.~
(Ifst proposed use from the Tabs f ea of tha UDC)
Current Zoning DistNct: ~- ~
Property information:
Address or General Location of Property:_,~ t~ 1 ~ ~U S / /~ ~ 1~1~
Tax Account N/no.//,^, ~ '" 7 y - / 9 85 ~ SG -g
Subdivision: f~tYJS ~ ~ ( C "~ ~ ~ ~ ~ t Y
~~.
A complete application must include all information shown on the ~ ~ ¢`~
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME ~ ~ !`O~G ~~~-~4~ r
ADDRESS i7 ~ !/~
CITY PP cu I STATE-ZIP '~ 5~
PHONE ~f ~ i ) ~Fs ~ S S" ~ q S~.
FAX( ~L~ ( )~~~
E-MAIL ADDRESS ~ ~ ~LCt~.1TlC~ . Ct1M
APPLICANT INFORMATION:
NAME _ __'~_ S~
ADDRESS
CITY STATE ZIP
PHONE(_~j
FAX(
E-MAIL ADDRESS
'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 Ci of Pearland.
Owner's Signatur . ,_----=----_" Date: -5~.~ . ~ , Za`~`j
Agent's Sigrtature: Date:
d~ IPA DE (D'o 7(L-D~ I RYC~~~~ r}YY !;, I NIEl~I1RIFR•
Application No. ~,~
~3idd~
q~~-(--~
~~
t` ryryry~ J ( i r
r d
Pastors Cecil 8~ Leah Whitton • 3011 Yost Blvd •Pearland, TX 77584
281-485-1952 • www.lpfchurch.com
To Whom It May Concern:
The purpose of this letter is to request a "Conditional Use Permit" so that we, LifePointe Fellowship
Assembly of God Church (formerly Bethany Assembly of God), may continue to operate as achurch/
place of worship. The facility located at 3011 Yost Boulevard has existed as church since 1978 when the
land was first acquired and the first building was built. In 2005 our congregation underwent a name
change, thus we are now LifePointe Fellowship. The purpose of this request is not to change the usage
from achurch/ place of worship, but to do our best to come into compliance with current ordinances.
LifePointe is currently comprised of approximately 85-120 people from Pearland and the surrounding
area. We currently meet together as a church on Sunday mornings from 10:30am to 12:OOpm. We also
have a youth fellowship on Sunday evenings from 6:30pm to 8:30pm. At different parts of the year we
also offer a Sunday School program from 9:15am to 10:15am.
LifePointe Fellowship Church facilities consist of 2 separate buildings and paved parking located on just
under 5 acres of land. The main building is just over 10,500 sgft and is comprised of a main sanctuary
(current seating capacity of 125 people), fellowship hall, nursery, children's church, classrooms,
restrooms, and offices. The secondary building is 5,000 sgft of classroom and restroom space with a
covered slab that is an additional 2,500 sgft.
In the future, LifePointe Fellowship Church desires to utilize our current space more efficiently. We have
a desire to move interior walls in the main building to increase sanctuary seating (225 Seats) and nursery
space thus decreasing fellowship hall and office space. No foreseeable structural modifications are
planned. The exterior structure and the "footprint" of the building will remain unchanged. We also hope
to include landscaping, hedges, painting, and other exterior appearance improvement projects. These
improvements will need to be done in phases as finances allow.
We also understand that we may need to add some additional parking to accommodate an increase in
seating capacity. We currently have approximately 61 available spots to accommodate approximately
244 people. Additional parking needs will be determined at the time of permitting.
We also understand that there may be a need to apply for a variance or special exception for the 25 ft
buffer on the north east side of our property where our parking is. We look forward to working to resolve
the issues that arise.
We want to thank you for your help in this manner. Your service to our community is greatly
appreciated.
Sincerely,
Rev. Cecil K. Whitton and the LifePointe Family
~ e
~ ~~ ~
~~ ~ g~
~~ ~~ s
i i
i
-- - i -- --
i
i
!,~~ i
1
~ I
.!
__i ~I
i
i
_-~I
II
-__.{
O
I
d
P
N
- Z
Q a~
a
~z ~
+ ~
~,
w~
~ ~ ~t
A W ~~
~ I
11
I
I
' '~ i i i, it CII.I i ~ I ~ ~ ~ 3.1
n p IXI$TiNG PAV[M[NT ~~p 1 t_P Z
, 8 i
w
ka ~ I
I i - N I
I f I ~ Im I I ~ ~ i h9
~' ~ ~ I ~ o
i~- -r- - ~
ozl - $ ~ - - $ _-- -
S o5 n
n ~g ~$ ~
~9 _ ,OF aw, - ,n - - N
i w 3 m C ~F D- ~ i ~YS vi t0
~ ~ y N
U ~ ,~~. C.GE _._a4 ~t Y~ .. ~ ~ ~
Z i~ V
#~ I p I OS I
~~ ~ 4 F
09 ~ C-- ~
_ i
l
Ur W
Z _ Z
K ~ N K
Zy ~
4-
K
0
i
OOb9b M :,E££b ,Lb N
a
i
Exhibit "B"
Location Map
Ordinance No. 2000CUP-34
~++a ~
~~
~\ ~ ,~,o~
~~ a„z ~ a+~
~~ ~„o ~ i~
~ ~ ,~
d++a ~.
y` ~ ~• r2+o7
\\ ~+,, R'+ R,2
\\ ~+tt 402
\ \~ /'~"o '~+03 tidy
~++
~'~ r
cti ,
~l+x ~'o„ +oz
d m+
~s,r \ ~
~9+9 ~ ti2916
SUBJECT PROPERTY ,~+a
.P
ad'~~ ~ ~
zo,;
LOCATION MAP
T
CONDITIONAL USE PERMIT NO. 2009-10 NORTH
LOCATED AT 3011 YOST BLVD, PEARLAND, TX
Exhibit "C"
Publication
AFFIDAVIT O F P U B ~~ ~,,i-, ~ ;~dV ~~ No. 2000CUP~4
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77.581
State of Texas
Brazoria and Harris Counties
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.
No.
No.
' r No.
No.
Date 7 .~~ 20
Date 20
Date 20
Date 20
Date 20
CFO
Subscribe and sworn to before me this ~ ~ day of
20~_
~~~,0.Y PUb`
RA ,L~~
° CJo':ary Pi,blic. State of Texas
'r`°"`* My Commissi
Ofi FXniroc no_nn n
mons, Publis
State of Texas
PubNslNd July 2g, 200-
THE CITY COUNCIL
AND TFfE PLANNNrG NOTICE OF A JOINT
AND ZONING COM- PUBLIC FIEARINO OF
MIt38tON OF THE.CITY
OF PEARLAND,
TEXAS
CONDITIONAL USE
PERMIT N0.2009.10
Notice is hereby given
that on August 17, 2009,.
at 6:30 p.m., the City
'CouncN and Planning
and Zoning Commission
of the City of Pearland,
In Brazoria, Harris and
Forte Bend Counties,
Taxes, wiA conduct a
Joint pubNc hearing. in
the. CoueaN Gbempe[q
of C[7~"}'b9. l~4dc at
3519 Liberty Drive,
Pearland, Texas, on the
requeet of Cedl:Wh~n,
applk;ent t'Or Lifs Pointe
Fallowsh~ , awr~r, for
epproyel e0a-ooridl5onal
uaa pemtlC In t#is B;Ntple
Family Realdentiet -1
(R-1) zoning dlaMct, on
the following described
Property, to wit:
.793 acre tract of land in
the W.D:C. HeNI league
Survey, A No: 70
in Brezorla County,
Texas. SaI~ 4.793 acre
tract is Erf a 5.103
acre tract nJeyed to
Bethany :•l~embly of
God Chum-as recorded
in Volume 1158, Page
825 of the Deed
Records of Brezorla
County, said tract being
out of Tract 1 of the
Partition of a 120.44
acre as shown on the
Partftbn Map recorded
in Volume 6, Pege 142
In the Map Records of
Brazoria County.
(Located at 3011 Yost
Boulevard).
At said hearing, all inter-
ested partles shall have
the right and opportunity:
to appear~lnd be heard
on the subject.
Senior Plenrur
Exhibit "D"
P8Z Recommendation Letter
Ordinance No. 2000CUP-34
1 1 1 1
awn o~n omm~sslon
Recommendation Letter
August 24, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2009-10
Honorable Mayor and City Council Members:
At their meeting of August 17, 2009, the Planning and Zoning Commission considered
the following:
Request of Cecil Whitton, applicant, and Life Pointe Fellowship, owners, for
approval of a Conditional Use Permit to permit a church, in Single Family
Residential-1 (R-1) District, on the following described property:
LEGAL DESCRIPTION: 4.793 acre tract of land in the W.D.C. Hall League
Survey, Abstract No. 70 in Brazoria County, Texas. Said 4.793 acre tract is part
of a 5.103 acre tract conveyed to Bethany Assembly of God Church as recorded
in Volume 1158, Page 625 of the Deed Records of Brazoria County, said tract
being out of Tract 1 of the Partition of a 120.44 acre as shown on the Partition
Map recorded in Volume 6, Page 142 in the Map Records of Brazoria County
GENERAL LOCATION: 3011 Yost Blvd. Pearland, TX.
At the Planning and Zoning Commission meeting of August 17, 2009, Commissioner
Ron Capehart made a motion to approve the CUP, and Commissioner Darrell Diggs
seconded the motion. The vote was 7-0 in favor for approval of the CUP to allow a
church.
Sincerely,
Angela Gantuah, Senior Planner
On behalf of the Planning and Zoning Commission
Page 1