Ord. CUP 16-00017 2017-02-27Ordinance No. CUP 16-00017
Ordinance No. CUP 16-00017 - 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 16-00017, within
the General Business (GB) zoning district, at the request of Y Ali Khan of GK
Hospitality Development, LLC, 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 of GK Hospitality Development, LLC, 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 30th day of January 2017, 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 31th day of January 2017, 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 13th day of February 2017
and the 27th day of February 2017; 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 of GK Hospitality Development, LLC, 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:
Page 2 of 15
Ord. No CUP 16-00017
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.
Conditions of Approval:
1. Meet all minimum requirements of the UDC.
2. Obtain TxDOT permits and submit an approved Traffic Impact Analysis (TIA) at
the time of platting or permitting.
3. All landscaping within any utility easement will need to comply with Public Works
planting requirements. All landscaped areas should be a minimum of six -feet (6')
in width.
4. Overall maximum height of the building is 45' (feet) with a portion of gable at
maximum 55' (feet) to be approved by staff.
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 15
Ord. No CUP 16-00017
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 13th day of
February, 2017.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of February, 2017.
ATTEST:
OUNG
TY SECRETARY
TOM REID
MAYOR
011111",
Page 4 of 15
Ord. No CUP 16-00017
APPROVED AS TO FORM:
(L�
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 15
Ord. No CUP 16-00017
Ordinance No. CUP 16-00017
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 15
Ord. No CUP 16-00017
Ordinance No. CUP 16-00017
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 16-00017
8541 Broadway St
QSubject Property
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1 inch = 250 feet
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Page 7 of 15
Ord. No CUP 16-00017
0000130403 CITY OF PEARLAND - PLANNING
1F
Page 1
Houston Chronicle
'.'l ASSIFIEDS
MEDIA
GROUP
N1*U$T, ”rpbbt/t
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Ordinance No. CUP 16-00017
Exhibit "C"
Before me, the undersigned authority, a Notary Public in and for the State of Texas. on this day
personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper
published in Harris County, Texas, and generally circulated in the Counties of: HARRIS, TRINITY,
WALKER, GRIMES, POLK, SAN JACINTO, WASHINGTON, MONTGOMERY, LIBERTY, AUSTIN.
WALLER, CHAMBERS, COLORADO, BRAZORIA, FORT BEND, GALVESTON, WHARTON,
JACKSON, and MATAGORDA and that the publication, of which the annexed herein, or attached to, is a
true and correct copy, was published to -wit:
CITY OF PEARLAND - PLANNING
RAN A LEGAL NOTICE
SIZE BEING: 2 x43 L
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CNDP-Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000130403 HC034270320
Date
Jan 11 2017
Jan 11 2017
Jan 11 2017
Jan 11 2017
Jan 11 2017
Class
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Page
l/�CC int [c li
NEWSPAPER REPRESENTATIVE
Sworn and subscribed to before me, this 17th Day of January A.D. 2017
Nary public in and for the tate of exas
=c.)
0000130403 CITY OF PEARLAND - PLANNING
Page 2
Houston Chronicle
CLASSIFIEDS
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 16-00017
Notice is hereby given that on January 30. 2017, at 6:30
p.m.. the City Council and Planning and Zoning Commis-
sion 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 of GK
Hospitality Development, LLC, applicant, on behalf of Kevin
Ngo, owner: for approval of a Conditional Use Permit
(CUP) to allow for 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 be-
ing 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. Com-
pany Survey Abstract 506, Brazoria County, Texas.
General Location: 8541 Broadway Street, Pearland, TX.
Al 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 Depart-
ment at 281-652-1765.
Martin Griggs
Senior Planner
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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 16-00017
Notice is hereby given that on January 30, 2017, at 6:30
p.rn., the City Council and Planning and Zoning Commis-
sion 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 of GK
Hospitality Development, LLC, applicant, on behalf of Kevin
Ngo, owner: for approval of a Conditional Use Permit
(CUP) to allow for 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 be-
ing a portion of Lot 80 of the Allison Richey Gulf Coast
Horne Company's Subdivision as recorded in Book 2, Page
23 Brazoria County map Records in the H.T. & B.R.R. Com-
pany Survey Abstract 506, Brazoria County, Texas.
General Location: 8541 Broadway Street, 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 Depart-
ment at 281-652-1765.
Martin Griggs
Senior Planner
Page 8 of 15
Ord. No CUP 16-00017
Ordinance No. CUP 16-00017
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
January 31, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 16-00017
Honorable Mayor and City Council Members:
At their regular meeting on January 30, 2017, the Planning and Zoning Commission considered the
following:
A request of Y Ali Khan of GK Hospitality Development, LLC, 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.
At the regular meeting of the P&Z Commission on January 30, 2017, P&Z Chairperson Daniel Tunstall
read into the record the Zone Change Application No. CUP 16-00017. P&Z Commissioner Derrell
Isenberg made a motion to approve and P&Z Commissioner Mary Starr seconded the motion. P&Z
Commissioner Mary Starr commented that the proposed use was best for this difficult piece of property. A
discussion ensued between Commission, Deputy City Attorney Lawrence Provins, Architect for Applicant
Mahesh Wadhwa, Applicant Representative Drew Pelter regarding the height requirements with the
building and gable. P&Z Commissioner Derrell Isenberg was for adding requirements into the CUP.
Senior Planner Martin Griggs explained options one which was to apply for a variance for the height
requirements. Ms. Krishnarao added to the discussion of including the height addition to the CUP. Mr.
Provins explained the CUP compliance process. P&Z Chairperson Daniel Tunstall made a motion to
amend the original motion to include plans, renderings, address Staff recommendations with the UDC
and the landscape requirements including the overall maximum height of 45ft. with portion of gable at
maximum 55ft. to be approved by Staff. Vice -Chairperson Thomas Duncan seconded the motion to
Page 9 of 15
Ord. No CUP 16-00017
amend. The amended motion was approved 6-0. Chairperson Tunstall, Vice -Chairperson Duncan, and
Commissioners Isenberg, Pradia, Tunstall, McFadden, and Starr all voted in favor of the amended
motion.
Sincerely,
/'%O'er.
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 10 of 15
Ord. No CUP 16-00017
Exhibit E
Site Plan and Attachments
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TOTAL
PARKING SO FT. REGE:IRED
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4 STRATONWOR<w iS SOFT
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Ordinance No. CUP 16-00017
Exhibit "E"
PARKING PROVIDED
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Page 11 of 15
Ord. No CUP 16-00017
Page 12 of 15
Ord. No CUP 16-00017
5\1SCAVF LEGEND
NOTE ALL SHRUBS MUST BEA
CONTINUOUS HEDGE, MOAT
LEAST 4' Al THE TIME OF PLANTINGI
AND E WHEN FILLY GROWN
NOTE :ALL TREES AHD SHRUBS SHALL BE
CITY OF PEARLAND APPROVED
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Page 13 of 15
Ord. No CUP 16-00017
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Page 14 of 15
Ord. No CUP 16-00017
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FRONT ELEVATION'
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Page 15 of 15
Ord. No CUP 16-00017