Ord. 2000CUP-52 2011-07-25ORDINANCE NO. 2000CUP -52
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR
CERTAIN PROPERTY, BEING A 4.7417 ACRE TRACT OF LAND,
RESERVE "A' OF THE FINAL PLAT OF TWIN WOOD SUBDIVISION,
BEING A PART OF A 25.839 ACRE TRACT OUT OF TRACTS 72, 77, 92,
AND 93 OF THE ZYCHINSKI'S SUBDIVISION OF SECTION 1, H.T.
B.R.R. COMPANY SURVEY, ABSTRACT 233, AND BEING A PART OF
TRACT 1 AND TRACT 2, AS RECORDED IN VOLUME 1437, PAGE 605, OF
THE BRAZORIA COUNTY DEED RECORDS, CITY OF PEARLAND,
BRAZORIA COUNTY, TEXAS (LOCATED AT 1255 OLD ALVIN ROAD,
PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO. CUP
2011 -08 TO ALLOW THE OPERATION OF A CHURCH, IN THE SINGLE
FAMILY RESIDENTIAL -1 (R -1) DISTRICT AND SINGLE FAMILY
RESIDENTIAL -2 (R -2) AT THE REQUEST OF THE CHURCH FOR ALL
PEOPLE, APPLICANT AND OWNER, CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS The Church For All People, owner and applicant, filed an application
for a Conditional Use Permit to allow the operation of a Church, 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 20 day of June, 2011, 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 -52
WHEREAS, on the 20 day of June, 2011, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit application for The Church For All People, owner and
applicant, 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 July 11, 2011; 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 The Church For All People, owner and applicant, 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) and Single Family Residential -2 (R -2), is hereby granted a Conditional Use Permit
allow for the operation of a Church in the Single Family Residential -1 (R -1) and Single
Family Residential -2 (R -2) zoning district; such property being more particularly
described as:
ORDINANCE NO. 2000CUP -52
4.7417 acre tract of land, Reserve "A" of the Final Plat of Twin
Wood Subdivision, being a part of a 25.839 acre tract out of Tracts 72, 77, 92,
and 93 of the Zychinski's Subdivision of Section 1, H.T. B.R.R. Company
Survey, Abstract 233, and being a part of Tract 1 and Tract 2, as recorded in
Volume 1437, Page 605, of the Brazoria County Deed Records, City of Pearland,
Brazoria County, Texas
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.
ORDINANCE NO. 2000CUP -52
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
2011.
ATTEST:
ATTEST:
PASSED, APPROVED, and ADOPTED on First Reading this 11 day of June,
`C:=")i,??1 Ta..A-eS
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25
day of June, 2011.
Ya NG Ii' I G%
Y S"RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Application
Ordinance No. 2000CUP -52
CUP APPLICATION Page 1 of 6 (Updated June 2010)
City of Pearland
APPLICATION FOR Com Development
3523 Liberty Drive
A CONDITIONAL USE Pearand,Texas 77581
281 652 -1768
PERMIT (CUP) 281 652 -1702 fax
www.cityofpearland.com
Conditional Use Permit Request for: "II:) LLD A 1-100.A (,tlu2Stht2,,,
(list proposed use from the Table of Uses of the UDC)
�A Cou2ca)
�t 4
Current Zoning District: 1 Q'2
Property Information:
Address or General Location of Property: 12. c LLD AL0_1 E
Tax Account No.
Subdivision: LW Cr2IK WDLDS Lot: A- REctZi Block: 11 3
OFFICE USE ONLY:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME eilt;204 ra A1` &'lE
ADDRESS D. 1 52343
NAME
ADDRESS
CITY kAOlika STATE _1 ZIP 712.1 CITY STATE ZIP
PHONE( 211 2 4 1'459 i thwid 713 726-L?5tHON E(
FAX( 2-ti 4Q1' 3loiLv FAX(
E -MAIL ADDRESS DC ,$A1E$eftLEIMNWE.LLb4SIIlf E -MAIL ADDRESS
AMMO. CDM
*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 City of Pearland.
1( Owner's Signature: Date:
III'Cum fkg afevvIe
Agent's/
Applicant's Signature: Date:
if -19 -2011
FEES 04- 5 0. CC
PAID:
DATE
PAID: 5 .2
RECEIVED
BY:
f1t
NU RECEIPT MBER: 3 5'J
I
Application No. ,2 c91/-- og
POSTING OF ZONING NOTIFICATION SIGNS
ON PROPERTY UNDER CONSIDERATION
FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT)
Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP),
or a variance shall be required to erect and maintain a sign(s), to be inspected by the City,
upon the property for which a variance or zoning change has been requested.
Such sign(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 manner.
(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.
(5) The signs shall be as follows:
CUP APPLICATION Page 5 of 6 (Updated June 2010)
A minimum sign size of 2 feet by 3 feet, hut no larger than 4 feet by 4 feet
At least 2 feet above the ground
Blue or black lettering that is a minimum of 3 inches by 1/2 inch, on a white
background
Message content as follows:
PROPOSED (SPECIFY REQUEST)
Contact City of Pearlancl
281.652 -1768
*Signs must be professionally macle; handwritten signs are not allowed.
*Signs must be freestanding and cannot be attached to a tree, fence, or
builcling.
May 19, 2011
Sincerely,
THE CHURCH FOR ALL PEOPLE
`a Spirit- filled Church'
2201 N. GALVESTON AVE.
PEARLAND, Tx 77581
(TEMPORARY LOCATION)
To Whom It May Concern:
RE: Letter of Authorization
O. C. Bates
Senior Pastor
OCB /jf
Pastor: 0. C. Bates
FUTURE LOCATION:
1 255 Ow ALVIN ROAD
PEARLAND, TX 77581
281- 814-1959
P.O. Box 752343
HousTON, TX 77275
On behalf of The Church for Alt People', I recognize Terry Bohannon as the authorized representative
for the approval of the Conditional Use Permit (CUP).
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IT IN
SUBJECT
PROPERTY
LOCATION MAP N
WtE
S
0 200 400 Feet
IntI I
Date: May 19, 2011
From: The Church for All People
P.O. Box 752343
Houston, Texas 77275
281 -814 -1959
Subject: Application resubmittal for a Conditional Use Permit
1255 Old Alvin Rd.
We, The Church for All People, are requesting that a Conditional Use Permit be reissued
for the property located at 1255 Old Alvin Rd. for the purpose of building a Church
Building and a paring lot The property consists of 4,74 acres and is located in the Twin
Woods subdivision. A Conditional Use Permit was approved and granted to The Church
for All People in 2007 but due to unforeseen challenges the permit expired.
The expressed purpose for the use of this site is to build a House of Worship (a church
facility) for the use in the worship of Jesus Christ and for the fellowship of
believers /members. At this time there will be one building (main building) of
approximately 14,268 sq. ft, with a seating capacity of 300 people. Within this facility,
the main sanctuary, classrooms, fellowship hall and offices will be housed.. It will have a
covered driveway connecting the main building for inclement weather use. The facility
will have services scheduled weekly on Sunday (AM and PM) and on Wednesday or
Thursday evenings for mid -week worship. There will be additional meeting times to
cover individual ministry needs, i.e. Women's Ministry, Children's activities, Men's
Ministry, etc.
There will be at least 4 handicap parking spaces and additional parking to accommodate
104 vehicles. The property will be bordered on three sides by hedges/bushes.
Thank you for your consideration for the Conditional Use Permit.
Sincerely:
T dfry Bohannon
Advisory Board Member, The Church for All People
CM OFiPEARLAID
in QETD RECEIPT
Open YVI1.901 I Type: Oc 'Drawer: 1
Date: 5/29111 01 Receipt ea: 212878
Deacrdptlaa RuaatltC_�-� Assent
RA DOfD;OF ADAUTIIEZT5
1.00 925L00
Trans seeker: 0159217
`12 UTA ALTI1 RD.
21E:EIR.1 FOR ALL POLE
-80181R0 OP
_111911 i-
TERIT- 1r101W101
NI-281-286-4667
Tender= keta11
c1'TJ16C71 5251.00
Tatal.,teddeted 0251.
Total'payseat 5251.81
Trans date: 5/21/11 T1ie: 8:59:25
NORTH
EDGE ROW
556747'39 "W
426.58'
G
1.140.1121.11IRCINAMMLIRMA ISSAINHOHLWA14.0615,11* TOIS4C1Itt01414
NOO'OO'OO "W 286.07'
HEDGE ROW
EASEMENT LINE
HEDGE ROW
r_
MAY 2011 13%
JUN 2011 15%
JUL 201,1 18%
AUG 2011 19%
SEP 2011 20%
OCT 2011 21%
20.00
NOV 201} 2z%
DEC i011 23
20.00
20.00
_2012..__--
JAN 2012 24%
20.00
.2222_-
20
APR 2012 27/
20.00
Pg,n 2012 25/
2
MAR 2012 26/
2000
20,00
20,00
20.00
20.00
20.00
271,120
'faxing
Unit
Certified Owner:
THE CHURCH FOR ALL PEOPLE
PO BOX 7.52343
HOUSTON, TX 77275-2343
Account No: 8068 -0003 -300
As of Date: 05/19/2011
Market Value
Land improvement
BRAZORIA COUNTY
Amount saved by additional. sales t
SPECIAL ROAD BRIDGE
PEARLAND ISD
BRAZORIA DRAINAGE D1ST 4
CITY OP PEARLAND
Exemptions:
AMOUNT DUE 1
0
Assessed
Value (100 °!a)
$71,120
venue 253.77
$71,120
271,120
271,120
$71,120
AID'BY THE END OF:
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Appraised
Vallee
$71,120
2010 TAX STATEMENT
Appr, Dist, No.: 258854
Assessed
Value
71,12
Exemp
Code
ions
Capped
Value
0
Amount
20.00
$0.00
20.00
$0.00
$0.00
PLEASE NOTE YOUR ACCOUNT NUMBER ON YOUR CHECK AND MAKE CHECKS PAYABLE TO;
RO'V1N GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
(979) 864 (979) 388 1320, (281) 756-1320
8068 0003 -300
THE CHURCH FOR ALL PEOPLE
PO BOX 752343
HOUSTON, TX 77275 -2343
Legal Description:
TWIN WOOD SD (A0233 HT &BRR
1)(PEARLAND), LOT A- RESERVE (ADJ TO
BLOCK 3 TWIN WOOD SD), ACRES 4,741
Legal Acres: 4.7410
Parcel Address:
Print Date: 05/19/2011
Homesite Agricultural Non Qualifying
Value Market Value Value
0
Taxable
Value
$71,120
$71,120
271,120
$7L,120
271,120
Tax
Rate
$0
0.403101
0.060000
1.419400
0,156000
0.665100
Total Tax:
Total Tax Paid to date.
Total Tax Remaining:
PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMEN1
Print Date: 05/19/2011
4.1,37
II IIIIIIIIIII II III IIII II II II)
AMOUNT AMOUNT PA1D:
80680003300 2010 052011 00000000000 00000000000 00000000000 5
71,120
Tax
2286.69
$42.67
21,009,48
2110.95
$473,02
$1,922.81
21,922.81
$0.00
/4ku 4 V r5 S'emue !/.0 rete
&V4tj: 2 'gsalfee T1
CUP APPLICATION Page 2 of 6 (Updated June 2010)
APPLICATION CHECKLIST FOR THE FOLLOWING
Conditional Use Permits (CUP)
Application, filled out completely, and signed by the owner of the property to be
considered for the conditional use permit.
If 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 th
etes and bounds description).
Parcel map, printed frorn the City of Pearland website, indicating the location and
boundaries of the subject property.
4 Letter of Intent, explaining the conditional use permit request in detail, specifying
proposed uses, specific operations of the use, square footage of buildings,
unique characteristics of the property, and any other necessary information
7_.] Application fee of $250.00, by cash, check made payable to the City of Pearland,
or credit card (Visa and MasterCard only)
[Site Plan or Plot Plan showing the proposed layout of the subject property,
including any proposed buildings, parking, landscaped areas, detention ponds,
fe es, and any other relevant information
l Acknowledgement, of the sign to be posted on the property 10 days prior to the
publio hearing
Provide evidence or proof that all taxes and obligations have been paid regarding
the subject property.
Application packets that are not complete will not be accepted. When a
completed application packet has been accepted arid reviewed, additional
information may be required by staff as a result of the review, it may be
necessary to postpone the proposed CUP /Zone Change and remove it from
the scheduled agenda and place it on a future agenda date according to
Section 1.2.1.2, of the Unified Development Code.
1- x5. x
tz 11/4E; lw-V a ,un.i
Exhibit "B"
Location Map
Ordinance No. 2000CUP -52
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:ate of Texas
"azoria and Harris Counties
AFFIDAVIT OF PUBLIC
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
Lloyd Morrow, hereby certify that the notice hereby appended was published in
IE REPORTER NEWS., a newspaper of general circulation in Brazoria, Harris and
i.Iveston Counties, for issues, as follows:
No. Date
No: Date
No. Date
No. Date
No. .Date
Exhibit "C"
Publications
Ordinance No 2000CUP -52
20
20
20
20
20
c LAURA ANN ENIMONS
NOTARY PUBLIC
STATE OF TEXAS
My Commission Explteis 09439-2014
abscribe and sworn to before me this
day of
II 44
Laura Ann Emmons, Publisher
Notary Public, State of Texas
CAP kkw PO
Publiehed'June O�ii
NOTICE OF. A JOIIJT'
PUBLIC HEARING OF.
THE. C TY COUNCIL
AND THEPL`ANNINQ!
AND ZONING
COMMISSION OF, THE,
CITY OF PEARLAND,
TEXAS
ONAL
USE PERMIT NO.
CUP2011.Ob;. t`'
Notice is'h'e'rebyJgten
tthat on J1111 20; 201 at
080` ihe 'City'
Goudell end planning
and Zohing Oommisslon
of the CI of Pearland,
n° Brazor a 'Mar it and
P n d
Ta %98 pg 1�
olnt pu b q' JO
ha Counoll
chmtiefp
at Qlty Hal,�lactated ell
8519 bliery, D ve,
Pearland, Texas, on the
request o Th`eI. Church
}or All Peo a applicant
aril awrle, :tor*preval
of a Qot)jhlooe yae
Permit to a l ow for a
Church n the Sngler
Family Res dentlal 1 (R•:.
1) and Sngl'e•FamOy=
Resldefi a r2 (R•2)
DistrloC property
located, at ?55 Aid
Alvih plbad" speolf
Joally doss Ibed below
t q +79,0 "x tract of the
land Rees ven of
Final Plato Twin Woo
Subdivision 'Ong 01
of a 25 %are t act
out o1TT s 2, tit a2
'add8 ,rjhs;2yohinsii's
$ubdivislgn of 8 ptlon 1,
H T& B f 9 'Oompany
�Surveya `Ab "trabt
='and•being.a 'pan of Tract
and, Tract 2, as record-
m Vo ump` 1437,'
curry DBedti
V t.o1y
Goner' 1-Location: 255
Old Alvin Road, East
,.Side
of QId :Alvin. Road
r. and aplirox malaly 110'
:Soldltrtifbift,GlistanOury
Drive
At said hear ng; a'll then
ested partle dliall have"'
the right and oppottuhity'
toap'pear a nd pe heard';
ibe subJeb
tional Ipfo[(de'tipn
please iaontatt the
Planning Department at
281.852- 1788.
June 29, 2011
Sincerely,
Planning Zoning Commission
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Recommendation Letter
Exhibit "D"
P &Z Recommendation Letter
Ordinance No 2000CUP -52
Re: Recommendation on CUP 2011 -08
Honorable Mayor and City Council Members:
At their meeting on June 20, 2011, the Planning and Zoning Commission considered the
following:
A request of The Church for All People, applicant and owner, for approval of a
Conditional Use Permit to allow for a Church in the Single Family Residential -1
(R -1) and Single- Family Residential -2 (R -2) District, on the following described
property:
LEGAL DESCRIPTION: 4.7417 acre tract of land, Reserve "A" of the Final Plat
of Twin Wood Subdivision, being a part of a 25.839 acre tract out of Tracts 72,
77, 92, and 93 of the Zychinski's Subdivision of Section 1, H.T. B.R.R.
Company Survey, Abstract 233, and being a part of Tract 1 and Tract 2, as
recorded in Volume 1437, Page 605, of the Brazoria County Deed Records, City
of Pearland, Brazoria County, Texas
GENERAL LOCATION: 1255 Old Alvin Road, Pearland, Texas
After staff presentation there was a brief discussion regarding the possible need to attach the
current proposed site plan as a condition of approval for the Conditional Use Permit. It was
decided this was not warranted as the church will be required to meet all development
regulations in the Unified Development Code for site development. Following this
discussion Commissioner Susan Sherrouse made a motion to approve the Conditional Use
Permit (CUP). The motion was seconded by Commissioner Henry Fuertes. The vote was 5 -0
and the motion passed.
Harold Ellis, Senior Planner
On behalf of the Planning and Zoning Commission