Ord. 2014CUP-03 2014-07-28 Ordinance No. CUP 2014-03
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP), for certain property, being legally described as
4.83 acres (210,206 square feet), all of a called 4.826 acres being the south
129' of Lot 79 and the north 214' of Lot 78, Figland Orchard, H.T. and B.R.R.
Survey, Abstract 240, Brazoria County, Texas, located on the east side of
Harkey Road, between Josephine Street to the north and Fite Road to the south;
Pearland, TX., for Conditional Use Permit Application No. CUP2014-03 to allow
for a church, within the Neighborhood Service (NS) zoning district, at the request
of Verret Group, 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, Verret Group, applicant; on behalf of Vineyard Christian Fellowship
of Pearland, owner; is seeking approval of a Conditional Use Permit (CUP) to allow for a
church on approximately 4.83 acres of land; said property being legally described in the
original application for amendment attached hereto and made a part hereof for all
purposes as Exhibit "A" and more graphically depicted in the location map identified as
Exhibit "B" and the site plan identified as Exhibit "C"; and
WHEREAS, on the 16th day of June, 2014, 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 "D", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 17th day of June, 2014, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
conditional use permit application of Verret Group, applicant; on behalf of Vineyard
Christian Fellowship of Pearland, owner; to allow for a church on 4.83 acres of land,
said recommendation attached hereto and made a part hereof for all purposes as
Exhibit "E"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 14th day of July 2014 and
the 28th day of July 2014; 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 Verret Group, applicant; on behalf of Vineyard Christian Fellowship
of Pearland, owner; to allow for a church on 4.83 acres of land, 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 City
Limits of the City of Pearland, Texas, and presently located within the Neighborhood
Service (NS) zoning district, is hereby granted a conditional use permit to allow for a
church in said zoning district and consistent with the attached site plan; such property
being more particularly described as:
4.83 acres (210,206 square feet), all of a called 4.826 acres being the south 129'
of Lot 79 and the north 214' of Lot 78, Figland Orchard, H.T. and B.R.R. Survey,
Abstract 240, Brazoria County, Texas.
GENERAL LOCATION: East side of Harkey Road, between Josephine Street to
the north and Fite Road to the south, Pearland, TX
Subject to the following condition:
1. As approved with the expired CUP that was approved for a church in 2008, no
access to the site shall be granted via Bardet Street.
Page 2 of 10
Ord. No. CUP 2014-03
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 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 the
City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the amendment 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 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 second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of July,
2014.
Page 3 of 10
Ord. No. CUP 2014-03
4TOM R ID
MAYOR
ATTEST:
��
r o: A,';
YJJNG •'FIN R i ~
Y S•,'ETARY :•'
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th
day of July, 2014.
--2011. 5-%<i
TOM REID
MAYOR
ATTEST: ‘���,,II,,,,,
;Ye� G Lj„ G --• %\
C
SEC' ETARY
APPROVED AS TO FOR 1
ZAA-,:___.DARRIN M. COKER
CITY ATTORNEY
Page 4 of 10
Ord. No. CUP 2014-03
Exhibit A
Legal Description
4.83 acres (210,206 square feet), all of a called 4.826 acres being the south 129' of Lot
79 and the north 214' of Lot 78, Figland Orchard, H.T. and B.R.R. Survey, Abstract 240,
Brazoria County, Texas
Page 5 of 10
Ord. No. CUP 2014-03
Exhibit B
Location Map
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Exhibit D
Legal Ad
NOTICE OF A JOINT PUBLIC HEAP ING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT (CUP) APPLICATION NUMBER:
CUP 2014-03
Notice is hereby given that on June 16, 2014 at 6:30 p.m.,
the City Council and Planning and Zoning Commission
of the City of Pearland. in Brazoria. Harris and Fort Bend
Counties, Texas, will conduct a joint public hearing in the
Council Chambers of City Hall, located at 3519 Liberty
Drive, Pearland, Texas, at the request of Verret Group,
applicant: on behalf of Vineyard Christian Fellowship of
Pearland. owner: for approval o: a Conditional Use Permit
(CUP) to allow for a church on approximately 4.83 acres of
land, more specifically described as:
4.83 acres (210,206 square feet). all of a called 4.826
acres being the south 129' of Lot 79 and the north 214' of
Lot 78, Figland Orchard, H.T. arid B.R.R. Survey, Abstract
240. Brazoria County. Texas.
General Location: East side of Harkey Road, between
Josephine Street to the north and Fite Road to the south.
Pearland, TX
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject.
For additional information, please contact the Planning
Department at 281-652-1765.
Johnna Matthews
City Planner
Page 8 of 10
Ord. No. CUP 2014-03
Exhibit E
Planning and Zoning Commission Recommendation Letter
N
R [[
Planning & Zoning Coniniission
June 17, 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit Application No. CUP 2014-03
Honorable Mayor and City Council Members:
At their meeting on June 16, 2014, the Planning and Zoning Commission considered
the following:
A request of Verret Group, applicant; on behalf of Vineyard Christian Fellowship
of Pearland, owner; for approval of a Conditional Use Permit (CUP) to allow for a
church on approximately 4.83 acres of land on the following described property,
to wit:
Legal Description: 4.83 acres (210,206 square feet), all of a called 4.826 acres
being the south 129' of Lot 79 and the north 214' of Lot 78, Figland Orchard, H.T.
and B.R.R. Survey, Abstract 240, Brazoria County, Texas.
General Location: East side of Harkey Road, between Josephine Street to the
north and Fite Road to the south, Pearland, TX
After staff presentation and discussion, Planning and Zoning Commissioner Elizabeth
McLane made a motion to approve the CUP with staff's recommended condition that no
access to the site shall be granted to the site via Bardet Street. The motion was
seconded by Commissioner Linda Cowles. The motion passed 7/0.
Page 9 of 10
Ord. No. CUP 2014-03
Sincerely,
Johnna Matthews
City Planner
On behalf of the Planning and Zoning Commission
Page 10 of 10
Ord. No. CUP 2014-03
RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE
f Memo
_p=
To City Council and Planning and Zoning Commission
L I / ,1' I\
1 From: Planning Department
f S'' 'era Date: June 16, 2014
Re: Conditional Use Permit Application Number 2014-03
A request of Verret Group, applicant; on behalf of Vineyard
Christian Fellowship of Pearland, owner; for approval of a
Conditional Use Permit (CUP) to allow for a church on
approximately 4.83 acres of land generally located on the
east side of Harkey Road, between Josephine Street to
the north and Fite Road to the south; Pearland, TX.
Proposal
The applicant is requesting approval of a Conditional Use Permit (CUP) to construct an
approximately 15,500 square foot church on 4.83 acres of land. The proposed building will
include a 361-seat auditorium, lobby, classrooms and offices. Per the site plan, a garden is
proposed, a gravel trail partially located within the detention pond, a play area and one hundred
(100) parking spaces. The primary entrance to the building will be located on the east side of
the building with an additional entry near the south side of the building. The applicant proposes
to preserve as many trees as possible as identified by the "ghosted in" trees on the site plan.
New trees will be planted along Harkey Road to satisfy the street tree requirement and along
the north and south property lines as required to meet residential adjacency requirements. At
least fifteen percent (15%) of the gross site area is required to be maintained in landscaped
area. As illustrated by the site plan, the applicant proposes to exceed the requirement. Access
will be provided from Harkey Road and 6 foot sidewalks will be constructed.
Background
The property is currently undeveloped and is not platted. Platting of the two (2) tracts will be
required prior to development. The property was annexed into the City of Pearland in 1997.
The site is located within the Neighborhood Service (NS) zoning district, and which district's
purpose is to permit a limited area of service establishments for the benefit of adjacent and
nearby residential development. Surrounding uses include single family to the north and west;
the property directly to the south is developed with what appears to be an accessory structure;
and the property directly to the east is undeveloped.
A Conditional Use Permit (CUP) for a Church was approved for the site on April 7, 2008;
however has since expired, as the permit was not acted upon. The CUP included a condition
that no access shall be granted from Bardett Street to the site.
Public notices, comment forms, and a vicinity map were mailed to the applicant as well as
property owners within 200 feet of the subject property under consideration for the CUP.
RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE
Additionally, a legal notice of public hearing was published in the local newspaper and
notification signs were placed on the property by the applicant.
Recommendation
Staff recommends approval of the CUP 2014-03 to allow for the construction of a church on the
approximately 4.83 acres of land for the following reasons:
1. The proposed church should not negatively impact surrounding properties or
developments. However increased traffic may be an issue. A Traffic Impact Analysis is
required as part of the platting process in order to determine if any improvements would
be required to mitigate any adverse impacts as it relates to traffic.
2. The subject property is adjacent to single family to the north and south. The building
setback requirements in addition to the residential adjacency requirements will ensure
minimal impacts to the existing residential developments. Pursuant to Section 4.2.4.1,
because the applicant proposes a vegetative screen, a 30-foot buffer area is required
dense enough to be completely opaque year round, which is at least four feet (4') tall at
the time of planting and at least eight feet (8') tall within twelve (12) months. The
applicant proposes to use new and existing trees.
3. As illustrated by the site plan, the applicant proposes to exceed the required 15%
landscaped area.
Conditions
1. As approved with the expired CUP that was approved for a church in 2008, no access
to the site shall be granted via Bardet Street.
Exhibits
1. Staff Report
2. Site Plan (Revised)
3. Aerial Map
4. Zoning Map
5. Future Land Use Map
6. Notification Map
7. Notification List
8. Applicant Packet
RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE
Staff Report
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Summary of Analysis
The applicant is requesting approval of a Conditional Use Permit (CUP) to construct an
approximately 15,500 square foot church on 4.83 acres of land. The proposed building will
include a 361-seat auditorium, lobby, classrooms and offices. Per the site plan, a garden is
proposed, a gravel trail partially located within the detention pond, a play area and one hundred
(100) parking spaces. The primary entrance to the building will be located on the east side of
the building with an additional entry near the south side of the building. The applicant proposes
to preserve as many trees as possible as identified by the "ghosted in" trees on the site plan.
New trees will be planted along Harkey Road to satisfy the street tree requirement and along
the north and south property lines as required to meet residential adjacency requirements. At
least fifteen percent (15%) of the gross site area is required to be maintained in landscaped
area. As illustrated by the site plan, the applicant proposes to exceed the requirement. Access
will be provided from Harkey Road and 6 foot sidewalks will be constructed.
Surrounding Zoning and Land Uses
Surrounding uses include single family to the north and west; the property directly to the south
is developed with what appears to be an accessory structure; and the property directly to the
east is undeveloped.
Zoning Land Use
North Neighborhood Service (NS) Single Family
South Single Family Residential 2 (R-2) Accessory Structure
East Single Family Residential 2 (R-2) & General Undeveloped Land
Commercial
West Single Family Residential 3 (R-3) Single Family
Conformance with the Unified Development Code
The subject property is located within the Neighborhood Service (NS) zoning district. The
purpose of the aforementioned zoning district is to permit a limited area of service
establishments for the benefit of adjacent and nearby residential development. The proposed
use is permitted with approval of a Conditional Use Permit. The NS zone requires a minimum
lot area of 12,500 square feet; a minimum lot width and depth of 100 feet; a minimum front yard
setback of 25 feet and a minimum side yard of 10 feet; 15 feet if the side yard abuts a residential
zoning district. The aforementioned site abuts residential or residentially zoned property to the
south and north. The minimum rear yard is 10 feet; 15 feet if the rear yard abuts a residential
zoning district. The subject property does not directly abut a residential use or zoning district
the east. The proposed nonresidential use of a Church will be subject to the residential
adjacency regulations which requires a 25 foot wide landscaped buffer which shall remain open
RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE
and unobstructed (i.e., no parking, driveways or other use of the buffer area.) The 25-foot buffer
increases to a 30-foot buffer if screening is achieved through vegetation as opposed to fencing.
The applicant proposes a 30-foot vegetative screen using existing and new trees.
The below table illustrates the above regulations and how the site will comply:
NS Requirements Subject Property
Minimum Lot Area 12,500 square 210,206 square feet
feet
Minimum Lot Width 100 feet 343 feet
Minimum Lot Depth 100 feet 100 feet
Minimum Front Yard 25 feet 52 feet, 4 inches
Minimum Side Yard 15 feet 30 feet N and >30 feet S
Minimum Rear Yard 10 feet 58 feet
Maximum Height 35 feet 26 feet
Minimum Landscaped Area 15% >15%
Residential Adjacency Buffer 30 feet 30 feet
using Vegetation
All other requirements will be met including façade requirements, dumpster screening, platting,
etc.
Site History
The subject property was annexed into the City of Pearland in 1997. When a property is
annexed into the City, the default zoning is Suburban Development (SD) district. As a result of
the adoption of the Unified Development Code in 2006, the site was rezoned to NS. The
property is undeveloped and is not platted. A Conditional Use Permit (CUP) for a Church was
approved for the site on April 7, 2008; however has since expired, as the permit was not acted
upon. The CUP included a condition that no access shall be granted from Bardett Street to the
site.
Platting Status
The site is not platted. Platting will be required prior to development and the release of any
permits. Platting will trigger right-of-way dedication, the installation of 6-foot sidewalks along
the frontage of the property, various easements such as water and sewer easements, fire
hydrants, detention facilities and a Traffic Impact Analysis (TIA).
Conformance with the Comprehensive Plan
The site is located within the Business Commercial future land use designation, and was added
to the Comprehensive Plan (The Plan) as a result of the 2004 update. The Plan recommends
non-residential-retail business within this designation and zoning districts General Business
(GB) and General Commercial (GC). Although the existing zoning of the site (NS) and the
proposed use (church) do not necessarily conform to the recommendations of The Plan,
anticipated that the City would encounter development proposals that do not reflect the purpose
RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE
and intent of the 2004 update. In these situations, The Plan recommends that these
developments should be evaluated on their own merit, on a case-by-case basis. A CUP allows
the proposed development to be evaluated on its own merit, with input from the public, the
Planning and Zoning Commission, and ultimately the City Council. In these instances,
developments could be an improvement over what is recommended due to changing market,
development and/or economic trends that have occurred after the update. Finally, The Plan
recommends that these proposals should be viewed based on the following questions:
1. Will the proposed development enhance the City economically?
2. Will the proposed development enhance the City aesthetically?
3. Is the proposed development consistent with the City's vision, goals and/or objectives?
4. Is the proposed development a better use of land/property, both for the owner/developer
and the City, than that recommended by The Plan?
5. Will the proposed development impact adjacent residential areas in a positive or negative
manner?
6. Will the proposed development have adequate access-have considerations been made
for roadway capacity, ingress and egress, traffic impact?
7. Are uses adjacent to the proposed development similar in nature in terms of appearance,
hours of operation and other general aspects of compatibility?
8. Does the proposed development present a significant benefit to the public health, safety
and welfare of the community?
Conformance with the Thoroughfare Plan
The subject property has frontage on Harkey Road; a secondary thoroughfare, which requires
100 feet of right-of-way. Harkey Road is not in conformance with the thoroughfare plan, as the
width of the roadway in this location is 90 feet. Additional right-of-way will be dedicated at the
time of platting.
Availability of Utilities
The subject property has access to public water and public sewer. The applicant is responsible
for extending lines onto the subject property, if necessary.
Impact on Existing and Future Development
The subject property is surrounded by single family to the west, which is separated by Harkey
Road and to the north. The property to the south is zoned for single family dwellings; however
appears to be developed with an accessory structure. The property directly to the east is
undeveloped and further east are commercial uses. Residential adjacency standards apply to
the north and south of the subject property, which help to mitigate any negative impacts on the
existing and future developments single family developments. The applicant proposes a 30 foot
vegetative screen along the northern and southern property lines, using existing and new trees.
Additionally, a traffic impact analysis is required prior to development. This process will
determine if improvements may be required to mitigate any traffic issues.
Additional Comments
A Pre-Development Meeting was held with the applicant in April, 2014. Additionally, the request
has been reviewed by the Development Review Committee (DRC) and there were no additional
comments from DRC at the time of this report.
RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE
Public Notification
Public notices, comment forms, and a vicinity map were mailed to the applicant as well as
property owners within 200 feet of the subject property under consideration for the CUP.
Additionally a legal notice of public hearing was published in the local newspaper and
notification signs were placed on the property by the applicant.
Opposition to or Support of Proposed Request
Staff has not received any comments either in opposition or in support of the CUP at the time
of this report.
Staff recommends approval of the CUP 2014-03 to allow for the construction of a church on
the approximately 4.83 acres of land for the following reasons:
1. The proposed church should not negatively impact surrounding properties or
developments. However increased traffic may be an issue. A Traffic Impact Analysis
is required as part of the platting process in order to determine if any improvements
would be required to mitigate any adverse impacts as it relates to traffic.
2. The subject property is adjacent to single family to the north and south. The building
setback requirements in addition to the residential adjacency requirements will ensure
minimal impacts to the existing residential developments. Pursuant to Section 4.2.4.1,
because the applicant proposes a vegetative screen, a 30-foot buffer area is required
dense enough to be completely opaque year round, which is at least four feet (4') tall at
the time of planting and at least eight feet (8') tall within twelve (12) months. The
applicant proposes to use new and existing trees.
3. As illustrated by the site plan, the applicant proposes to exceed the required 15%
landscaped area.
Conditions
1 . As approved with the expired CUP that was approved for a church in 2008 for the subject
property, no access to the site shall be granted via Bardet Street.
343.00' S 02°36'53" E AREA CALCULATIONS:
PARKING(CHURCH)
A. NON-FIXED SEATING
15'-0" REAR - 1 SPACE PER 100SF OF THE MAIN
YARD AUDITORIUM FLOOR AREA.
30'-0" LANDSCAPE/ - REQD.:2,908SF/100SF= 30 SPACES
r RESIDENTIAL ADJ.
I BUFFER (NO FENCE) I Z.0 B. FIXED SEATING
- 1 SPACE FOR EVERY 4 SEATS
. 5" - 144 SEATS/4= 36 SPACES
(
r
eased 131 ti 111 I l i .+ I i 119 I i t ‘U
C. TOTAL:
- REQUIRED: 66 SPACES
`_ : ( c�i - PROVIDED: 100 SPACES
11 5 — ,..
$_ 't r,10\,1 r
11
m ti a 11 h. 5 NS REQUIREMENTS SUBJECT
f ` , PROPERTY
-MIN. LOT AREA 12,500 SF 210,206 SF
I 16 �l1' �� .k - MIN. LOT WIDTH 100'-0" 343'-0"
�I j I - MIN. LOT DEPTH 100'-0" 612.85'
- MIN. FRONT YARD 25'-0" 52'-4"
i 8, , -MIN. SIDE YARD 15'-0" 30'-0"
_U L I .- , '' -MIN. REAR YARD 15'-0" 58'-10"
-MAX. HEIGHT 35'-0" 26'-0"
G "11 s: — 4 V VIM -MIN. LANDSCAPE AREA 15% >15%
ill 1` - RESIDENTIAL 30'-0" 30'-0"
,
ADJACENCY BUFFER
NOTE:ALL REQUIREMENTS OF THE UDC
T WILL BE MET, INCLUDING RESIDENTIAL
. ADJACENCY REQUIREMENTS.
GRAVEL TRAIL '_ `'' �
11 NEW CONTINUOUS
HEDGE
w
Co
-d-
S'`.."
, 30'-0"LANDSCAPE/ ,
z • RESIDENTIAL ADJ. '
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"' DETENTION POND -� T I I
cD
25'-0" FRONT YARD
{
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.. . 34300' N
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SITE AERIAL — CUP
5/30/2014
3:44:15 PM
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�l ill ti �Immo 11�
nu !Ml— 1tl1 Slit 1/ 401 i Sitilla 101i 4_ =77
CEMENT STUCCO PLANT LATTICE CEMENT STUCCO
2 OVERALL WEST ELEVATION -CUP
1/32" = 1'-0"
CEMENT STUCCO 8X8X16 SPLIT-FACE CMU
STANDING EIFS TRIM
MTL. ROOF STANDING MTL. ROOF
CEMENT STUCCO — ROUGH-SAWN — CEMENT STUCCO
CEDAR TRELLIS 8X8X16 SPLIT-FACE CMU
OOVERALL EAST ELEVATION - CUP
1/32" = 11-0"
— 8X8X16 SPLIT FACE CMU
STANDING MTL. ROOF — EIFS TRIM
CEMENT STUCCO —
-���! -- =III = � �.
i
ROUGH-SAWN
CEDAR TRELLIS CEMENT STUCCO
®
NORTH ELEVATION - CUP
1/32" = 1'-0"
8X8X16 SPLIT-FACE CMU EIFS TRIM
STANDING
." 7 MTL. ROOF
11-2;1 I - -
I uhi u =11 ICI-- = 11'
5/30/2014
ROUGH-SAWN 3:44:05 PM
,� CEDAR TRELLIS CEMENT STUCCO --
wilt
SOUTH ELEVATION - CUP ��
\,ihE`:\Rt>ta I<<ftc i ®1/32" = 1'-0"
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NOTIFICATION LIST
CUP 2014-03
NAME ADDRESS CITY STATE ZIP
AMCU INC 2920 WAGON TRAIL RD PEARLAND TX 77584
BONEFAS WILLIAM J & MARYANN T 2727 W OAKS CIR E PEARLAND TX 77584
COWAN KENNETH D &SANDRA T 4128 FERNWOOD DR HOUSTON TX 77021
DEVIVEIROS MARIA& EVANGELOS GOLFIS 3811 HOUSTON LAKE DR PEARLAND TX 77581
EXPRE REALTY LTD 3219 OLD ALVIN RD PEARLAND TX 77581
GARZA CESAR CIRO PO BOX 477 PEARLAND TX 77588
GARZA MARIA R 2849 HARKEY RD PEARLAND TX 77584
GARZA MARIO ET UX 2933 HARKEY RD PEARLAND TX 77584
HERNANDEZ VICTOR A& NORMA A 6102 W OAKS CIR S PEARLAND TX 77584
JOHNSTON FAMILY HOLDINGS 5617 MEGAN ST PEARLAND TX 77581
PARRISH JACQUELINE DENISE 2733 W OAKS CIR E PEARLAND TX 77584
PEARLAND ELKS LODGE#2732 PO BOX 2251 PEARLAND TX 77588
PEARLAND ISD PO BOX 7 PEARLAND TX 77588
PEIPELMAN KYLE C& CHERRY 2735 W OAKS CIR E PEARLAND TX 77584
VALENTINE JOHN L& SHEILA J 2731 W OAKS CIR E PEARLAND TX 77584
VASQUEZ LUCIANO JR & NICOLASA 2737 W OAKS CIR E PEARLAND TX 77584
VINEYARD CHRISTIAN FELLOWSHIP OF PEARLAND PO BOX 1577 PEARLAND TX 77588
VU JOSEPH H & FRANCES J 2741 W OAKS CIR E PEARLAND TX 77584
•'`APUBLIC -,- PC;4,
L�
COMMENT �� oh ii
lik
FORMit
Planning Department
3523 Liberty Drive �4,
Pearland, Texas 77581 'L%
281-652-1765
281-652-1702 fax
CONDITIONAL USE PERMIT (CUP) APPLICATION
NO. CUP 2014-03
A request of Evelyn Pineda, owner/applicant; for approval of a change in zoning from Single
Family Residential 2 (R-2)to Office and Professional (OP) on approximately 0.44 acres of
land
Joint Public Hearing to be held Monday, June 16, 2014 at 6:30 PM in the
Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas.
If you are unable to attend the Joint Public Hearing, but wish to have your opinions made a
part of the public record, please complete this form and return to the Planning Department at
the above noted address by mail, by fax, or drop off in person, prior to the Joint Public
Hearing.
I am IN FAVOR OF the request as explained on the attached notice.
(Checking IN SUPPORT OF" means that you support the request and feel that the
request should be approved accordingly).
v/
I am OPPOSED TO the request as explained on the attached notice.
(Checking "OPPOSED TO"means that you are in opposition to the request and feel
that the request should be denied).
Name: AI ' Ph - 0111 CO
VA.--
Address (o eoperty within 200 feet of the subject site):C>21 A t v ' et
(.00
Signature: !e i1/_1.,x.1 4-- kilt # I 14 ...... Date: •
_ "' C1 jiidt
COMMENTS:'' I /(,Qt;�l/[ .f/} Cn °� � �`I.C.C.t,• 9t�t+�;U�� lA 'C.�f.!/I
-frivii,L L 14 bkvi c `meit `7 - utitt- Cc Gt L'e4 cLo .C/ c/') t ctv i. ce /4),Li C.
aov -t L1 cQ ..uou. /G" cat --b - fici%c cc'(
AIX-9 el6Walt rCalUtift i „,r56, 4:4,e leAit t4 17, 14‘") IV'ffze4A.
4 ittll 1° .
APR 1 S 2014 14 t:UP APPLICATION Page 1 of 6(Updated March 2014)
r City of Pearland•, :,., :" Community Development
M WI = ,r `' LIGATION FOR 3523 Liberty Drive
.� (Community Center)
�;: ' ONDITIONAL USE Pearland,Texas 77581
PERMIT (CUP) 281-652-1702 fax
1 www cityofpeaarrianndd corn
Conditional Use Permit Request for: C"hl 11(`C. PI 1- E-!O ? I'LA-:- OF
(( s { Skn e
(list proposed use from the Table of Uses ar the UDC)
Current Zoning District: f51UIJ " cfoRMtgotAst,
Property Information:
Address or General Location of Property 2' OS t tLEY �.
Tax Account No 2671f 0 20.741
Subdivision 11cND._ biCCkklp Lot Block
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME v. VI i • lilt`_ G�1 1 NAME_ C :fr_S� L..
ADDRESS_II _____ .� 12.0 ADDRESS!021:x' 6�a- .L`"ju- P. ...SI5..__.
CITY t'PR✓'I cavtt4 STATE_ X ZIP Fi•SSJ CITY1(p)(W1 f a SSTA�TlE ZIP 733
PHONE(2 l ) C'1l'— 03"21 PHONE(ZS I ) 367. 7311
FAX(2- ) + " 2437-3 FAX( 2 g I ) %7. 33b8
E-MAIL_ADDRESS EMAIL ADDRESSr1Y1atqe!1Q71lC.lf rnrurdt.tP•40M
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 ,, !!
Owner's Signature Date I '8, 27t
i
Agent's/ ?
Applicants Signatur4 - 1 . r Date 1S _ __
I - ES DATE RECEIV D "; RECEIPT to
P .D,�v�_ . 4/;( �� _I PAID: 1'1(D 1 I i' ( BY: 3j.104�.3 Mtge�1 NUMBER: �ttl
•y \
QQ\ �4�e Application No. ELI : 14 - 93
P
Z'
• eZ99t
CUP APPLICATION Page 2 of 6(Updated March 2014)
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.
[cif 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.
VI Metes and Bounds Description, (Survey, or a Plat of the property that contain the
metes and bounds description).
Parcel map, printed from the City of Pearland website, indicating the location and
boundaries of the subject property.
dLetter 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
Aj 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,
fences, and any other relevant information
Q cknowledgement of the sign to be posted on the property 10 days prior to the
Acknowledgement
hearing
Q Provide evidence or proof that all taxes and obligations have been paid regarding
be subject property.
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
4 necessary to postpone the proposed CUP/Zone Change and remove it from
,.e scheduled agenda and place it on a future agenda date according to
R - tion 1.2.1.2. of the Unified Development Code.
�a
. see
"0,
CUP APPLICATION Page 5 of 6(Updated March 2014
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 nghts-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
• A minimum sign size of 2 feet by 3 feet, but 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 REQUESTZ
Contact City of Pearland
281-652-1 765
*Signs must be professionally made; handwritten signs are not allowed.
`Signs must be freestanding and cannot be attached to a tree, fence, or
building.
Q RECEIVE!) o knowiedgement signature Date
�rj
c APR l 5 2W4
r
c'9e
Sb,N,....________________'-
..
(ZONE CHANGE/'VARIANCE41111RECORDATION
'
— t,,-_` cle one)
�� or a or FE
Description: input who the check is from
V eAr-re.4" ro�.gq, Lu,
COMMENTS/DESCRIPTION (F10):
Location or t r I. f)
Address �,L L P +fl V 2 111_10115
/'j Os c iU-/LeylQ
Applicant 1/P V-rP '- 41-nu 0
Owner Di; Kt E p t ( U1 Q0 01,e6`"1
Ct.1/4
343.00' S 02'36"53°° E
,,:., _
, i
1
.L .
1 .
c=1:3. . •,-
1
.. -
i u,. F
1---
____
1 ______
k. _ILL ,
1___,
umol quo
a 1
4. ...z
Cei r GARDEN .-
c2 3
00 00 I 1111 ito-u,
L.,
CsJ
Itiff
, ,, c.,
, lir.
\. z...
„---- (N--„, ...---
IPLAY } ` __ _ 4 1 e�
GROUND s cP
l -- ---- - —GRAVEL TR- RFi VEil ip
® APF, 1 5 r;; , ,.
,./ti, X11 n,
$ ,b
E - 1 t d ,
�1
0> e 6 I k
1 DETENTION AREA 4 4 k North
J 2. tfin
'to ,:. * ' SITE PLAN-CUP
j -' 4/4/2014
tt PLAY FIELD
I 1:08:40 PM
THE 343.00' NO2'36"53°W 2_ I veiv,a,
VINEYARD Harkey Rood 1 SITEPLAN CUP
CHURCH PEARLAND @1/64,� = l'-O"
t1[!:
VINEYARD CI-iURCH
April 8, 2014
To Whom It May Concern,
Please acknowledge that we have assigned Verret Group to act as an agent for
Vineyard Christian Fellowship of Pearland in the securing of a Conditional Use Permit
for our property located on Harkey Rd. in Pearland, TX.
I acknowledge that a sign is to be posted on our property identifying our request for a
`conditional use permit' 10 days prior to our public hearing.
If needed you may reach me by calling our office at 281-997-0722. You may also reach
me via email at aialy2oearlancty peyarC�0[g. Our mailing address is P.O. Box 1577
Pearland, TX 77588-1577/
Thanks for your assistance in this process
Sincerely,
Alan D. Allen
Sr. Pastor
The Vineyard Church - Pearland
Q. A ,jam
• Q\�
Q
The Vineyard Church Pearland PO.Box 1 577 • Peattand,Texas 77588 1 577 • Phone 281 907 0722 • Fax 281 907 2873 • www pearlandwneyard.Dog
Architecture,Construction,&Development
Vvvy.
Earning Trust for 30 Years
10200 Grogans Mill,Suite 515
The Woodlands,Texas 77380
GROUP Phone 281.367.4311
www verretgroup.com
April 10,2014
City of Pearland
Community Development
3523 liberty Drive
Pearland,Texas 77581
The Woodlands,Texas 77380
Re: Letter of Intent for the CUP
The Vineyard Church Pearland
2905 Harkey Road
Dear Community Development Members,
On behalf of The Vineyard Church Pearland, Verret Group would like to submit the attached
documents for the Community Development approval of the "Conditional Use Permit" for the
property located at 2905 Harkey Road.
The following information is relative to this application:
Name of Project: The Vineyard Church Pearland
Proposed Use: A new Church with a 361 seat Auditorium,a Lobby,Classrooms,
and Offices.
Lot: 4.83 acres (combined)
Building Size: 15,500 SF
Building Materials: Split-face CMU,EIFS,Stone/limestone,Wood (Trellis)and
Prefinished Architectural Metal Panels.
Roof Materials: Flat Roof(TPO)and Prefinished Standing Seam Metal Panels
The proposed property will relocate the existing Church in the community and create a welcoming
environment to the area. In order to achieve the goal, we are requesting the approval of"Conditional
Use"of the existing zoning form"Business Commercial" to"Church,Temple,or Place of Worship".
The new building's shell has a percentage of the Architectural metal panels, which is not listed as an
acceptable material. In order to fit the theme of the design, would this material be acceptable by the
Community Development Department? Please find enclosed color samples to show the physical
property of the material 3
•Thank you for the opportunity and your directions toward the right solution. he/
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Architecture,Construction,&Development
Earning Trust for 30 Years
10200 Grogans Mill,Suite 515
The Woodlands,Texas 77380
GROUP Phone 281.397.4311
www verretg roue.core
Let me know if you have any questions.
Best regards,
Verret Group, LLC.
Mark D. Verret
President
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[Property Details
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Property ID: 207403
Geo ID: 4100-0131-000
Type: Real
Legal Description: FIGLAND ORCHARD (A0240 H T&B), LOT 78 (PT), ACRES 2.500
Location
Situs Address: HARKEY RD PEARLAND,
Neighborhood: FIGLAND ORCHARD AREA
Mapsco:
Jurisdictions: CAD, CPL, DR4, GBC, RDB, SPL
Owner
Owner Name: VINEYARD CHRISTIAN FELLOWSHIP OF PEARLAND
Mailing Address: , PO BOX 1577, , PEARLAND, TX 77588-1577
Property
Appraised Value: $44,000.00 , ` 9 4 5
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Property ID: 207404
Geo ID: 4100-0131-110
Type: Real
Legal Description: FIGLAND ORCHARD (A0240 H T& B) LOT 78-79B ACRES 2.5
Location
Situs Address: HARKEY RD PEARLAND,
Neighborhood: PEARLAND MHs SUBDIVISIONS
Mapsco:
jurisdictions: CAD, CPL, DR4, GBC, RDB, SPL
Owner
Owner Name: VINEYARD CHRISTIAN FELLOWSHIP OF PEARLAND
Mailing Address: , PO BOX 1577, , PEARLAND, TX 77588-1577
Property
Appraised Value: $44,000.00
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TAX CERTIFICAI E
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RO'VTN CARRETT.FCC
BRAZORIA COUNT% TAX ASSESSOR-COLLECTOR
111 E.LOCUS-I
ANGLETON,TEXAS 77515
lamed To: Legal Description:
CUP NOLAND ORCHARD(A0240 H T&13).LOT 78
10200 GROVAN MILL ROAD 315 (PT) ACRES 2 500
TILE WOOO_ANDS, TX 77380
Fiduciary Number: 23172299 Parcel Address: IIARKEY RD
Legal Acres: 2.5000
>-- <--
Account Number: 4100-0131-00(1 Print Date: 04n5.'2014
Certificate No: 220313429 Paid Date: MA15i2014
Certificate Fee: sic no lame Date: 04,13/2014
Operator 1D: AMBER
TAX CERIIF1CATI S ARE ISSUED WITH TIIE MOST CLRRENT INFORMATION AVAILABLE.ALL ACCOUNTS ARE SUIIJECI'I V CHANGE
PER SECTION 26.15 OF THE ILXAS PROPERTY TAX CODE.TILLS IS TO CERTIFY THAT Al.t.TAXES DUE ON THE ABOVE DESCRIBED
PROPERTY HAVE BEEN EXAMINED,UP TO AND INCLUDING,THE YEAR 2013. ALL TAXES ARE PAID IN FUI.I.
Exemptions: Certified Owner:
PRORAI LD VINPYARD(14RISTI AN FELLOWSHIP OF PEARLAt.
PO BOX 1577
PLARLANU , TX 77:88-1577
Certified Tax Unit1s):
2013 Value: 441100 I URAYOIUACOUNCY
9 SPECIAL ROAD&HIUIX,L
2013 Lary: 50.00 28 PEARLIND 1SU
2013 Levy Balance: $0.00 54 BRAZORIA DRAINAGE DI5) 4
96 CITY OF PEARLAND
Prior Year Loy Balance: 50.00
Total Levy Due: 50.00
P&l+Attorney Fee: 50.00
Total Amount Due: 50.00
Reference(CF) N/A
Issued By:
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TAX CERTIFICATE
RO`VIN GARRETT,PCC
BRAZORIA COUNTY TAX ASSESSOR-COLLECTOR
111 E.LOCUST
.ANGLETON,TEXAS 77515
Issued To: Legal Description:
CUP f:GLAND ORCHARD{10240IfT&BiLOf
IU21X1 URUVAN MILL ROAD 515 713.79(1 ACRES 2.5
Tim WOODLANDS, TX 77IR0
Fiduciary Number: 23172299 Parcel Address: HARKEY RD
I egal Acres: 2.5000
>-- <--
Account Number: 4100-0131-110 Print Date: 04115.2014
Certificate No: 220945431 Paid Dale: 04,13/2014
Certificate Fee: S'0 00 Issue Date. 04/15;2014
Operator 1D: Ahir1rR
FAX CERTIFICATE. ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE.ALL ACCOUNTS ARr SUBJECT TO CHANGE
PER SECTION 26.15 OF THE TEXAS PROPERTY 1AX CODE.THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DE-SCRIBER
PROPERTY H.SVF.BEEN EXAMINED,LP 10 AND INCLUDING THE YEAR 2013. ALL TAXES ARE PAID IN PULL
Exemptions: Certified Owner:
PRORATED VINEYARD CHRISTIAN FELLOWSHIP or PEARLAI
PO IiOX 1577
PEARLA.ND , TX 77583.1577
Certified Tax Uaitfs):
2013 Value: 4.1,000 1 BRVZOR1ACOUNTY
9 SPECIAL ROAD&BRIDGE
2013 Levy: SO 00 2$ PEAR(AND ISO
2013 Levy balance: 5000 54 IIRAZORIA DRAINAGE 1)IST 4
96 CITY OF PEARLAND
Prior Year Levy Balsam: SO 00
Total Levy Duc: SO 00
P&I+Attorney Fee: 5000
Total Amount Due: SO DO
Reference(GF�o: Nr.A
Issued By: Of
RC/WIN GAR• At .
RRAZORIA 'UNT TAX ASSESSOR-COLLECTOR
(979)964-1320,(979)388-1326,(291)756-1320
Jelinquent_taz_catdicacc.rdf v1,74
Account
Property ID: 207404 Legal Description: FIGLAND
ORCHARD(A0240
H T& B) LOT 78
79B ACRES 2 5
Geographic ID 4100-0131 110 Agent Code:
Type. Rea
Property Use Code
Property Use Description
Location
Address* HARKEY RD Mapsco
PEARLAND,
Neighborhood: PEARLAND Mils SUBDIVISIONS Map ID
Neighborhood CD SPL MH S
Owner
Name: VINEYARD CHRISTIAN FELLOWSHIP OF PEARLAND Owner ID 1045733
Mailing Address: PO BOX 1577 %Ownership 100 0000000000%
PEARLAND,TX 77588-1577
Exemptions EX XV
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Account
Property ID 207403 Legal Description: FIGIAND
ORCHARD(A0240
H T& 8) LOT 78
(PT) ACRES 2 500
Geographic ID: 4100-0131-000 Agent Code
Type Real
Property Use Code
Property Use Description
Location
Address: HARKEY RD Mapsco
PEARLAND,
Neighborhood. FIGLAND ORCHARD AREA Map ID
Neighborhood CD: FIGLAND.AR
Owner
Name: VINEYARD CHRISTIAN FELLOWSHIP OF PEARLAND Owner ID: 1045/33
Mailing Address: PO BOX 1577 %Ownership 100 0000000000%
PEARLAND,TX 77588 1577
Exemptions EX XV
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Plannin g & Zoning Commission
June 17, 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit Application No. CUP 2014-03
Honorable Mayor and City Council Members:
At their meeting on June 16, 2014, the Planning and Zoning Commission considered the
following:
A request of Verret Group, applicant; on behalf of Vineyard Christian Fellowship of
Pearland, owner; for approval of a Conditional Use Permit (CUP) to allow for a
church on approximately 4.83 acres of land on the following described property, to
wit:
Legal Description: 4.83 acres (210,206 square feet), all of a called 4.826 acres
being the south 129' of Lot 79 and the north 214' of Lot 78, Figland Orchard, H.T.
and B.R.R. Survey, Abstract 240, Brazoria County, Texas.
General Location: East side of Harkey Road, between Josephine Street to the
north and Fite Road to the south, Pearland, TX
After staff presentation and discussion, Planning and Zoning Commissioner Elizabeth
McLane made a motion to approve the CUP with staff's recommended condition that no
access to the site shall be granted to the site via Bardet Street. The motion was seconded
by Commissioner Linda Cowles. The motion passed 7/0.
Sincerely,
Johnna Matthews
City Planner
On behalf of the Planning and Zoning Commission