Ord. CUP 16-00003 2016-10-10 FAILEDFq IL ED
Ordinance No. CUP 16-00003
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) Permit to allow a hotel/motel in the
General Business (GB) zoning district, being 1.8060 acre (78,667 square
feet) tract of land and being a portion of Lot 80 of the Allison Richey Gulf
Coast Home Company's Subdivision as recorded in Book 2, Page 23
Brazoria County map Records in the H.T.& B.R.R. Company Survey Abstract
506, Brazoria County, Texas. (Located at 8541 Broadway Street (west of
Cullen Boulevard on the northwest corner of intersection of Broadway
Street and the USPS access driveway), Pearland, TX.) Conditional Use
Permit Application No CUP 16-00003, within the General Business (GB)
zoning district, at the request of Y Ali Khan, applicant, on behalf of Kevin
Ngo, owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, Y Ali Khan, applicant, on behalf of Kevin Ngo, owner; is requesting
approval of a Conditional Use Permit (CUP) to allow a hotel/motel use on an
approximately 1.8060 acres of land on the following described property; said property
being legally described in the legal description attached hereto and made a part hereof
for all purposes as Exhibit "A," and more graphically depicted in the vicinity map
attached hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 26th day of September 2016, 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
WHEREAS, on the 27th day of September 2016, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit (CUP) to allow a hotel/motel use on an approximately
1.8060 acres of land, 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, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 10th day of October 2016
and the 24th day of October 2016; 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 Y Ali Khan, applicant, on behalf of Kevin Ngo, owner; for approval
of a Conditional Use Permit on approximately 1.8060 acres of land to allow a
hotel/motel use; 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 being located within the General
Business (GB) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow a hotel/motel use, subject to all requirements of the GB zoning district, and the
site plan attached hereto and made a part hereof for all purposes as Exhibit "E", in
accordance with all conditions and requirements of the current Unified Development
Code and the following conditions approved by the City Council and incorporated for all
purposes, such property being more particularly described as:
Legal Description: Being 1.8060 acre (78,667 square feet) tract of land and
being a portion of Lot 80 of the Allison Richey Gulf Coast Home Company's
Page 2 of 12
Ord. No CUP 16-00003
Subdivision as recorded in Book 2, Page 23 Brazoria County map Records in the
H.T.& B.R.R. Company Survey Abstract 506, Brazoria County, Texas.
General Location: 8541 Broadway Street (west of Cullen Boulevard on the
northwest corner of intersection of Broadway Street and the USPS access
driveway), Pearland, TX.
Conditions of Approval:
1. All landscaped areas should be a minimum of six -feet (6') in width.
2. Meet all minimum requirements of the UDC.
3. Restrict access from Broadway Street to be right -in right -out only.
4. Any projections into the side yard (not shown on the site plan) shall abide by
Section 2.6.1.1 (f)(2) which limits encroachments and projections into required
side yards.
5. Drawings provided with the CUP do not meet the UDC requirements. Provide an
elevation of the facade to show compliance with the Corridor Overlay District
color palette requirements prior to the first reading of the ordinance.
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 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
Page 3 of 12
Ord. No CUP 16-00003
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 10th day of
October, 2016.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of October, 2016.
ATTEST:
YOUNG LORFING, TRMC
TOM REID
MAYOR
Page 4 of 12
Ord. No CUP 16-00003
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 12
Ord. No CUP 16-00003
ORDINANCE NO. CUP 16-00003
Exhibit "A"
Exhibit A
Legal Description
Being 1.8060 acre (78,667 square feet) tract of land and being a portion of Lot 80 of the
Allison Richey Gulf Coast Home Company's Subdivision as recorded in Book 2, Page
23 Brazoria County map Records in the H.T.& B.R.R. Company Survey Abstract 506,
Brazoria County, Texas.
Page 6 of 12
Ord. No CUP 16-00003
ORDINANCE NO. CUP 16-00003
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
C U P 16-00003
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Page 7 of 12
Ord. No CUP 16-00003
ORDINANCE NO. CUP 16-00003
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice CUP Application No. CUP 16-
00003, a true copy of which is hereto annexed was published in said newspapers in its issue(s)
of June 30, 2016.
Sworn to and subscribed before me this
My commission expires on
Publisher's Representative
day of ,,/Cl/I,2016.
gt,q1//g"
1
ELIZABETH F. RABITO
MY COMMISSION EXPIRES
August 29,2018
1
NOTICE OF A JOINT PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER:
CUP 16-00003
Notice is hereby given that on July 18, 2016, 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 Trimcos Engineering,
applicant on behalf of Kevin Ngo, owner; for approval of a
Conditional Use Permit for a hotel/motel; on approximately
1.8060 acres of land, to wit:
Being 1.8060 acre (78,667 square feet) tract of land and be-
ing a portion of Lot 80 of the Allison Richey Gulf Coast Home
Company's Subdivision as recorded in Book 2, Page 23 Bra-
zoria County map Records in the H.T.& B.R.R. Company Sur-
vey Abstract 506, Brazoria County, Texas.
General Location: west of Cullen Boulevard on the northwest
comer of intersection of Broadway Street and the USPS ac-
cess driveway, Pearland, TX.
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For ad-
ditional information, please contact the Planning Department
at 281-652-1765.
Frankie Legaux
City Planner
ORDINANCE NO. CUP 16-00003
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice CUP Application
No: CUP 16-00003, a true copy of which is hereto annexed was published in said newspapers in
issue(s) of July 14, 2016.
Publisher's Representative
(14
Sworn and subscribed before me this b day of Jalt, , 2016.
otary Pub
My commission expires on
,;•:::'' ELIZABETH F. RABITO
.:*1 MY COMMISSION EXPIRES
August 29, 2018
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 16-00003
Notice is hereby given that on August 1, 2016, 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 Trimcos Engineering,
applicant on behalf of Kevin Ngo, owner; for approval of a Conditional
Use Permit for a hotellmotel; on approximately 1.8060 acres of land,
to wit:
Being 1.8060 acre (78,667 square feet) tract of land and
being a portion of Lot 80 of the Allison Richey Gulf Coast
Home Company's Subdivision as recorded in Book 2, Page 23
Brazoria County map Records in the H.T.& B.R.R. Company
Survey Abstract 506, Brazoria County, Texas.
General Location: west of Cullen Boulevard on the northwest
corner of intersection of Broadway Street and the USPS access
driveway, 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.
Frankie Legaux
City Planner
ORDINANCE NO. CUP 16-00003
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, CUP No. Zone 16-00003
Broadway. ,a true copy of which is hereto annexed was published in said newspapers in its
issue(s) of September 07, 2016.
Sworn to and subscribed before me this
Notary Publi
My commission expires on
V-11
Publisher's Representative
day of 0 e;/-6
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September 07, 2018
Bay Area Citizen • Fnendswood Journal • Pearland Journal
Legal Notices
Legal Notices
NOTICE OF A JOINT PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 16-00003
Notice is hereby given that on September 26, 2016, at 6:30 p.m., the City
Council and Planning ana 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 Y Ali Khan, applicant, on behalf
of Kevin Ngo, owner: for approval of a Conditional Use Permit to allow a
hoteVmotel in the General Business (GB) zoning district; on approximately
1.8060 acres of land, to wit:
Being 1.8060 acre (78,667 square feet) tract of land and being a portion
of Lot 80 of the Allison Richey Gulf Coast Home Company's Subdivision
as recorded in Book 2, Page 23 Brazoria County map Records in the H.T.&
B.R.R. Company Survey Abstract 506. Brazoria County, Texas.
General Location: 8541 Broadway Street (west of Cullen Boulevard on
the northwest corner of intersection of Broadway Street and the USPS
access driveway), 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.
Frankie Legaux
City Planner
ORDINANCE NO. CUP 16-00003
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF
THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 16-00003
Notice is hereby given that on September 26, 2016, 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 ajoint public
hearing in the Council Chambers of City Hall, located at 3519 Liberty
Drive, Pearland, Texas, at the request of Y Ali Khan, applicant, on behalf
of Kevin Ngo, owner; for approval of a Conditional Use Permit to allow a
hotel/motel in the General Business (GB) zoning district; on approximately
1.8060 acres of land, to wit:
Being 1.8060 acre (78,667 square feet) tract of land and being a portion
of Lot 80 of the Allison Richey Gulf Coast Home Company's Subdivision
as recorded in Book 2, Page 23 Brazoria County map Records in the H.T.&
B.R.R. Company Survey Abstract 506, Brazoria County, Texas.
General Location: 8541 Broadway Street (west of Cullen Boulevard on
the northwest corner of intersection of Broadway Street and the USPS
access driveway), 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.
Frankie Legaux
City Planner
Page 8 of 12
Ord. No CUP 16-00003
ORDINANCE NO. CUP 16-00003
Exhibit "0"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
September 27, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 16-00003
Honorable Mayor and City Council Members:
At their regular meeting on September 26, 2016, the Planning and Zoning Commission considered the
following:
A request of Y Ali Khan, applicant, on behalf of Kevin Ngo, owner; for approval of a Conditional
Use Permit to allow a hotel/motel in the General Business (GB) zoning district; on approximately
1.8060 acres of land.
Legal Description: Being 1.8060 acre (78,667 square feet) tract of land and being a portion of
Lot 80 of the Allison Richey Gulf Coast Home Company's Subdivision as recorded in Book 2,
Page 23 Brazoria County map Records in the H.T.& B.R.R. Company Survey Abstract 506,
Brazoria County, Texas.
General Location: 8541 Broadway Street (west of Cullen Boulevard on the northwest corner of
intersection of Broadway Street and the USPS access driveway), Pearland, TX.
Vice -Chair Duncan made a motion to recommend approval of the CUP request; the motion was seconded
by Commissioner Starr. The motion was defeated by a vote of 0-5. Chairperson Tunstall, Vice -
Chairperson Duncan, and Commissioners Isenberg, Pradia, and Starr all voted in opposition of the
motion.
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 12
Ord. No CUP 16-00003
ORDINANCE NO. CUP 16-00003
Exhibit "E"
Exhibit E
Site Plan and Attachments
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Page 10 of 12
Ord. No CUP 16-00003
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Ord. No CUP 16-00003
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Page 12 of 12
Ord. No CUP 16-00003