Council grants special-use permit for religious institution at 5038 E. Fifth St.; planners had recommended denial for applicant history

The Katy City Council on Sept. 8 approved an ordinance granting a special-use permit to allow a religious institution at 5038 East Fifth Street for the benefit of the Apostolic Church in Katy.

Councilmember Dan Smith moved the ordinance to grant the land-use special use permit; Councilmember Roy Robertson seconded. The council voted to approve the land-use change.

City planner Rachel told the council the vote was “just for the land use aspect of this property” and does not bypass or remove requirements for permits, certificates of occupancy, or code compliance. Rachel also said the Planning & Zoning Commission had recommended denial at its July 8, 2025 meeting; city staff clarified that the denial recommendation related primarily to the applicant’s history of unpermitted activity rather than to an inherent prohibition on churches in the zoning district.

A council member asked whether the church was actively using the building; staff said they had not observed active use and had not confirmed that the building was being used as a church. The council’s approval therefore grants a land-use entitlement but leaves other permitting and code-enforcement matters to subsequent review and separate processes.

The ordinance includes standard provisions for effective date, severability, and a penalty provision for code violations. Councilmembers emphasized the vote addressed land use only and that any outstanding building- or safety-related requirements must be completed before occupancy or a certificate of occupancy would be issued.