Ord. 2000CUP-44 2010-10-25r r y 0 www
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WHEREAS Thomas Off nburger, applicant, on behalf of Silverlake Congregation
of Jehovah's 'Witnesses c/o Benny Gutierrez, filed an application for a Conditional Use
Permit for a church use on 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 18th day of October, 2010, a Joint Public Heariing 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. 200OT; and
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed Condifional Use Permit application by Thomas, Offenburger,
applicant, on behalf of, Silverlake Congregation of Jehovah's Witnesses c/o Benny
Gutierrez, owners, whereby the Commission recommended approval of the Conditional
Use Permit, said recommendation attached hereto and made a part hereof for all
purposes as Exhibit "ID"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
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 Thomas Offenburger, applicant, on behalf of Silverlake
Congregation of Jehovah's Witnesses c/o Benny Gutierrez, owners, presented which, in
the judgment of the City Council, would justify the approval of said application; now,
therefore,
Section 1. The following described property located within the corporate limits of
the City of Pearland, Texas, and presently classified as Single Family Residential (R-1),
is hereby granted a Conditional Use Permit to allow for a church use in the Single
i 150 1 M MOM M-
P�pproximately 4.835, acres of land, in the A.T. & B.R.R. Co. Survey, A-509,
Being The Remainder of a Called 5 Acre Tract of the Karl Dudley Steel Survey
as Recorded in C.F. NO. •9-05721 and C.F. NO. 00-07207 Official Records of
Brazoria County, Brazoria County, Texas (Generally located at 35,45 HARKEY Rd..
Pearland, TX)
Page 2 of 4
Ord. No 2000CUP-44
with the following conditions:
1. The proposed project shall use the Site Development standards for the General
Business (GB) zoning district (parking, fagade, screening, landscaping, fencing,
signage) and shall conform to other regulations of R-1 zone.
2. All other requirements of the Unified Development Code shall be met.
3. Limit total square footage of all buildings on site to 10,000 square feet.
4. The permitted uses include: church/temple/place of worship building for regularly
scheduled uses, Watchtower study, Theocratic Ministry School, Congregation
Bible Study, ceremonies, and religious discourses, and a separate
rectory/parsonage. All activities shall be located inside the building.
Section 11. 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 Ill. 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.
Page 3 of 4
Ord. No 2000CUP-44
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.
UA =4H no
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 requiiring this Ordinance
to be read on two (2) separate occasions be hereby waived.
the 25th day of October, 2010, A.D.
F."Niffudni
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APPROVED AS TO FORM:
DARRIN MI. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 4 of 4
Ord. No 2000CUP-44
Exhbt "A"
Appiicatior
Ordmance No. 2000CUP-44
CUP APPLICATION Page 1 of 6 (Updated June. 2010)
City of Pearland
A Cornmun�ty Development
APPLICATION FOR 3523 Liberty Drive
(Community Center)
A CONDITIONAL USE Pearland, Texas 77581
281-652-1768
PERMIT (CUP) 281-652-1702 fax
www.cityofpeariand.com
Conditional Use Permit Request for: CHURCH/'rfWLE/PLACF OF WORSHIP & REC,TLkY
1PARSONAGE
(list proposed use from the Table of Uses of the UDC)
Current Zoning District: SD, R-1
Property Information:
Address or General Location of Property: 3545 Harkey Rd., Pearland, TX 7.7.584
Tax Account No, -J 761,01
Subdivision: _Ri_chl,qnA_L-.re,:I___ lot:_8A,j ... —
Wrom
A complete application must include all information shown on the
Application Checklist attached to this application.
Trustees for the Silverlake Congregation of
Jehovah's Witnesses, Jerry Lyriti Caldwell, et
NAME
ADDRESS- q/o'Benny Gutierrez, 3603 Barrington
CITY Pearland —STATE TX zip 77584
PHONECIK.. J-A-89=1798
FAX(__) none
E -MAIL ADDRESS i)enivyg@yahoo.com
I
�&ME ,Thomas Offenburger
%iDDRESS 150 W. Shadowbend Ave.
CITY Friendswood STATE TX ZIP 77546
pt10NE( 281
FAX( 281 ) 648-3737
E-MAIL ADDRESS thomas@offenburgerbuilders.com
'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 Developmen. Co f the ity of Pearland.
Owner's Signature:_ Diate:.
Jerry Lynn Ca.-dwel B,.nn '11ti srez, Jehu chez
Agent's/
Applicant's Signature-_ Date:
91 E D ECEIP'T
FR��!
NUMBER:
Application No. 6UP n"11
-i-007 EAST BROADWAY ST, PEARLAND, TX 77581 5501 (281) 489-9798
August 24, 2010
City of Pearland Community Development
3523 Liberty Dn
Pearland, TX 77581
To Whom it may Concern:
The Silverlake Congregation of Jehovah's Witnesses, Pearland, Texas is submitting a Conditional Use
Permit (CUP) Application in accordance with the City of Pearland's requirements. The following
documents are attached for this purpose:
- Application checklist
- Application for a Conditional Use Pennit.(CUP)
- Statement of designated agent
. Metes and Bounds, description
- Parcel map from the City of Pearland website
- Letter of Intent
Application fee of $250,00,
Site plan. of the property
Landscaping plan of the property
Acknowledgment of the sign posted on the property
Evidence that 611 taxes and obligations have been. paid (tax certificate)
Thank you for considering our alipticatioD for a Conditional Use Permit (CUP),
Sincerely,
Silverlake Congregation of Jehovah's Witnesses
Pearland, Texas
Benny juti.errez
'Trustee and Coordinator of Body of Elders
CUP APPLICATION Page 2 Df 6 (Updated June 2010)
N A 0 : N a 11
of EM11
iffilIBRIN H EM i
VApplication, filled out completely, and signed by the owner of the property to be
considered for the conditional use permit.
VIf the applicant is the designated agent, the application shall include a written
statement from the property owner authorizing the agent to file the application on
his behalf, Section 1.2,1 .1 (a) of the Unified Development Code.
Metes and Bounds Description, (Survey, or a Plat of the property that contain the
metes and bounds description).
V�Parcel map, printed from the City of Pearland website, indicating the location and
boundaries of the subject property,
V(Letter of Intent, explaining the conditional use permit request in detail, specifying
proposed uses, specific operations of the use, square footage of buildings,
unique characterislics of the property, and any other necessary information
V
�Application fee of $250,00, by cash, check made payable to the City of Pearland,
or credit card (Visa and MasterCard only)
'VSite. Plan or Rot Plan showing the proposed layout of the subject property,
ncluftg any proposed buildings, parking, landscaped areas, detention ponds,
fences, and any other relevant information
-S-/Acknowledgement of the sign to be posted or the property 10 days prior to the
public hearing
'Provide evidence or proof that alll taxes and obligations Have been paid regarding
the subject property.
El Application packets that are not complete will not be accepted. When a,
completed application packet has been accepted and reviewed, additional
information may be required by staff as a result of the review, it may be
necessary
• postpone the proposed CUP/Zone Change and re,mo •
the scheduled agenda and place it on a future agenida date according to
Section 1.2.1.2., • the Unified Development Code.
2007 EAST BROADWAY ST. PEARLAND, TX 77581-5601 (281) 489-9798
City of Peowland
Community Development
3523 Liberty Drive
Pearland, Texas 77581
August 15, 2010
To Whom It May Concern:
The undersigned representatives of the Silverlake Congregation of Jehovah's Witnesses hereby authorize
as designated agent for the purpose of submitting the Application for a Conditional Use Permit (CUP)
with the City of Pearlarld, the following individual:
Thomas Offenburger
150 W. Shadowbend Ave,
Friendswood, Texas 77546
Thomas Offenburger is authorized to file the CUP Application on behalf of the Silverlake Congregation
of Jehovah's Witnesses.
Sincerely,
Ben jh ny Gutierrez, Jerry Caldwell uSanchez
Coordinator, Body of elders Service Overseer Secretary
E XMIA1 A
Bciiig a tra-,,t of land containing 4,835 acres louited in the It I & B. R.R. Co, Survey, A-509,
Brv,oria County, 'Texas; said 4,835 acre tract being all of the north 5 acres of the southwest 1/4 of
the northwest 114 of Section 14 of said K T B. R.R� Co. Survey conveyed to Kvxl Dudley Stell by
gill deed in Clerk's File (C.F.) Nurnbers 99-057271 (112 interest) and 00-007207 (1 /2 interest) ofthe
Official Records of Brazoria County (0,,R.B.C,), "Save & Bxcept" a call 0,0758 acre tract of land
(right-of-way taking Parcel No. 8) conveyed to the City of Pearland in CT, No. 00-010392 of the
O.R.B,C,; said 4.835 acre tract being morc particularly described by metes and bounds as follows
(all bearings are referenced to the north line, call East 1290,00', of Wagon Wheel Addition re corded
in Volume 8, Page 79 of the Brazoria County Map Records):
Beginning at a 3/4-inch iron rod at a fence corner post fowid for the northeast corner of said call 5
acre tract and northwest corner of as call 1.36 acre tract of land conveyed to James M, Leach in
Volume 1055, Page. 637 of the Brazoria County Deed Records (&C.D.R.), said iron rod also being
01-1 the south line of a call 108,97 acre tract of land conveyed to the City of Pearland in C.F No. 96-
00145 54 of the 0,R,B�C,.;
I Thence, with the coninjon line of said call 5 acre, and 1.36 acre tracts, South, a distance of
166,29 feet to the southeast corner of sand. call 5 acre tract and northeast corner of aforesaid
Wagon Wheel Addition, from which a found 518-inelrl iron rod bears N10'2 PW 0,74';
2, Thence, with the south line of said call 5 acre tract and north line of said Wagon Wheel
Addition, West, passing at a distance of 145,86 feet a 3/4-inch iron pipe found for the
northwest corner of a 30-foot wide Houston Pipeline, Co. easement recorded in Volume 8,
Page 79 of the B.C,M,R,, passing at adistance of 520.74 feet a I-inch iron pipe found forthe
northwest corner of Lot 9, Block 5 and northeast corner of Lot 8, Block 5 of said Wagon
Wheel Addition, passing at a distance, of $48-26 feet a 318-inch iron rod found for the
northwest corner of the East one-half of Lot 5, Block 5 and northeast cornor of the Westone-
half of Lot 5, Block 5 of said Wagon Wheel Addition, passing at as distance of 98M9 fuel a
1 -inch galvanized iron pipe found fear the noilliwost comer of Lot 4, Block 5 and northeast
corner of Lot 3, Block 5of said Wagon Wheel Addition, continuing in all a total distance of
1270.00 f6ot to a 5/8-inch iron rod with aluminurn cap stamped "D. Hunt l S 5198" set for
the northwest comer of Lot 1, Block 5 of said Wagon Wheel Addition and southeast comer
of aforesaid call 0,0758 acre tract, said iron rod also being on the cast right-of-way line of
South Wayside Drive (Harkey Road);
I Thence, with the cast line of said call 0,0758 acre tract and east right-of-way line of said
South Wayside Drive, North, a distance of 16535 feet to a 5/8-inch iron rod with aIUMinUM
cap stamped "D, Hunt RPM 5198" sot for the northeast corner of said call 0.0758 acre tract,
said iron rod also being on the south line of said call 5 acre tract and aforesaid call IM97
acre tract, frown which a fbund I 112-inch iron pipe bears S8915726"W 14.90%
4- 'I"helicc, with the north line of said call 5 acre tract and SOLIth line of said call 108,97 acre
tract, North 89 degrces 57 minutes 26 seconds East, passing at a distance of] 118,18 fM a
5/8-inch iron rod f0l.lrld 1 A4 fleet north of Brae, in all a total distaricc of 1270,00 feet to the
Point of Beginning and containing 4.835 acres of land,
E H I UN T
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2007 EAST BROADWAY ST. PEARLAND, TX 77581-5501 (281) 489-9798
August 17, 20110
City of Pearland Community Development
3523 Liberty Dr.
Pearland, TX 77581
To Whom it may Concern:
The purpose of the Conditional Use Permit (CUP) application is to request ,the proposed use of the
property as a Church/Ternple/Place of Worship and a separate .RectoTy/Parsonage.
Church/Temple/Place of WorshiP
The church building is intended to provide a proper place of worship for the benefit of Jehovah's
Witnesses and those who desire to attend such worship conducted by Jehovah's Witnesses in order to
learn the truths of the faith and belief of'Jehovah's Witnesses, which are based upon the Bible, the
written word of Almighty God Jehovah, The church building, commonly referred to as a, Kingdom Hall
of Jehovah's Witnesses, is intended for regularly scheduled meetings of Jehovah's Witnesses, These
currently include a public meeting, Watchtower study, Theocratic Ministr-y School, and Congregation
Bible Study. Unscheduled meetings may also be held on occasion for the pirpose of conducting wedding
ceremonies or memorial discourses. A. congregation meets one evening during the week and on Sundays.
The planned building is one story, approximately 5,,342 sq. feet with a lobby, auditorium, and restroorris.
There are 70 parking spaces planned, including 3 spaces for disabled parking. We will. not have any
recreational facilities and our use is very low impact in a, residential setting. We intend to have a privacy
fence adjacent to the neighbors on Beckey Lane,
Rectory/Parsonage
A separate rcctory/parsonage is intended as a dwelling for the use of -Ministers of Jehovah's Witnesses.
The building planned is one story, approximately 1,319 sq. feet, including a one car attached garage.
Thank you for considering our application for conditional use permit (CUP),
Sincerely,
Silverlake Congregation of Jehovah's Witnesses,
I? earl and, "Texas
Benny Gutierrez
Trustee and Coordinator of Body of Elders
,5iLQeLG-M4ff
PgARLAND COK
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TO THE
ORDEPI
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3kT(/oQ OF jc—gow-\R�& N�TN
'ATION Of JEHOVAH'S WITNESSES
IN GDOM HALL FUND
2703 MAPLE LANE
PEARLAND, TX 77584
1024
3 .1126/1130
DATE--L-47- - r� 01
Amogy Bank NA,
PS), Box 27450
Hoaskom, Texas 77227-74.90
713-235-8000
VDOID211illm 1'"L13D1,10561: ill I 00!D 3 S 2a 2 1111, Lill
$
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SILVERLAKE CUP APPLICATION SIGN ACKNOWLEDGEMENT
CUP APPLICATION Page 6 of 6 (Updated June 2010)
POSTING OF ZONING NOTIFICATION SIGNS
ON PROPERTY UNDER CONSIDERATION
FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT)
1 inu I lir-Al I
Such s,iign(s) shall be located as follows:
(1) One (1) sign per street frontage shall be located within thirty feet (30) of the abutting
street, or as determined by the City.
(2) So as to be clearly visible and readable from the public right-of-way and not
obstructed in any mariner.
(3) So as not to create a hazard to traffic on the public rights-of-way abutting the property.
(4) On the subject property at least ten (10) days prior to the hearing of such zoning
change request by the Planning and Zoning Commission, and to remain continuously
on said property until final action by the City Council or withdrawal of the case by the
applicant. Removal of the sign by the applicant prior to a recommendation by the
Planning and Zoning Commission and/or a final decision by the City Council shall
constitute a withdrawal of the request,
*Signs must be freestanding and cannot, be attached to a tree, fence, or
building,.
Aolknowledged:
Exhibit "B"
Location Map
ordinance No. 2000 UP -44
Z I
CONDITIONAL USE PERMIT CUP 2010-07 NORTH
3545 HARKEY RD.
Exhbit "C"
Publications
Ordmance No, 20OCCUP-44
No.
Date
.,No.
Date
20-
No.
Date
20
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No.
Date
20
L A IRA
(S) " L, ANN MO S
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NOTAR 1c
S TE:
STATE
(SCOMF*81 X n Emmons, Publisher
Notary Public, State of Texas
Pubbshed
o Records G
Brazorla %Nam-
la Oa x 6°
prally at 4a§ ftkey
Rd, Pearland, )k, \
At & 2w }
a OanWs shall have
Exhibit "D"
P&Z Recommendation Letter
Ordinance No 2000CUP-44
IIGIIIIII� i. II I� III II 11
Recommendation Letter
October 19, 2010
Honorable Mayor and City Council Members
3519 Liberty Drive
P,earland, TX 77581
Re: Recommendation on CUP 2010-07
Honorable Mayor and City Council Members:
At their meeting of October 18,, 2010, the Planning, and Zoning Commission considered the
following:
A request of Thomas, Offenburger, applicant for Silveriake Congregation of Jehovah's
Witnesses c/o Benny Gutierrez, owner, for approval of a Conditional Use Permit to allow
a Church Facility in the Single Family Residential (R1) zone, on the following described
property:
LEGAL DESCRIPTION: Approximately 4.835 acres of land, in the H.T. & B.R.R. Co.
Survey, A-509, Being The Remainder of a Called 5 Acre Tract of the Karl Dudley Steel
Survey as Recorded in C.F. NO •• -05721 and C.F. NO. 00-07207 Official Records of
Brazoria County, Brazoria County, Texas
GENERAL LOCATION: Located at 3545 Harkey Rd. Pearland, TX
Vice Chairperson Ron Capehart made a motion to approve the C�onditionai Use Per
(CUP) with the
• lowing conclitions� I
1, The proposed project shaP,l use the Site Development standards for the General
Business (GB) zoning district (parking, fagade, screening, landscaping, fencing,
signage) and shall conform to other regulations of R-1 zone.
2. All other requirements of the Unified Development Code shall be met.
3. Limit total square footage of all buildings on site to 10,000 square feet,
4. The permitted uses include: church1temple/place of worship building for regularly
scheduled uses, Watchtower study, Theocratic Ministry School, Congregation Bible
Study, ceremonies and religious discourses, and a separate rectory/parsonage. All
activities shall be located linside the building.
The motion was seconded by Commission Member Darrell Dilgigs. The vote was 6-0
and the motion passed. The Planning and Zoning Commission recommended approval
of the CUP with above mentioned conditions.
0M
Sincerely,
lan Clowes, Planner I
om