Ord. CUP 17- 00014 2017-09-18 Ordinance No. CUP 17-00014
An ordinance of the City Council of the City of Pearland, Texas, approving
a Conditional Use Permit (CUP) to allow for an amendment to the site
plan for Ordinance Number CUP 2014-09 in the Business Park-288 (BP-
288) zoning district; on approximately 9.4083 acres of land. Being a
9.4083 tract of land located in the H.T. & B.R.R. Company Survey, Abstract
300, Brazoria County Texas; said 9.4083 acre tract being all of a called 3.39
acre tract of land recorded in the name of George D. and Mary Fishman in
Clerk's File Number 2005061002 of the Official Records of Brazoria County
(O.R.B.C.) Texas, the remainder of a called 3.3 acre tract of land (North 3.3
acres) recorded in the name of George D. and Mary Fishman in Clerk's File
Number 97-015077 of the O.R.B.C. and the remainder of a called 3.3 acre
tract of land (South 3.3 acres) recorded in the name of George D. and Mary
Fishman in Clerk's File Number 97-010496 of the O.R.B.C.; and said 9.4083
acres also being all of Minor Plat of Medical Resort at Pearland, a
subdivision plat recorded in Clerk's File Number 2015027678 of the Brazoria
County Plat Records (B.C.P.R).. (Approximately 1,600 feet north of
County Road 59 on the west side of Business Center Drive, Pearland,
Texas.)
WHEREAS, Kerry R. Gilbert, applicant, on behalf of Global XYZ Development
LLC, represented by Archana Thota, owner; is requesting approval of a Conditional Use
Permit (CUP) to allow for an amendment to the site plan for Ordinance Number CUP
2014-09 in the Business Park-288 (BP-288) zoning district; on approximately 9.4083
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 11th day of September 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 11th day of September 2017, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit (CUP) to allow for approval of an amendment to the
site plan for Ordinance Number CUP 2014-09 in the Business Park-288 (BP-288)
zoning district; on approximately 9.4083 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 18th day of September
2017 and the 25th day of September 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 Kerry R. Gilbert & Associates, applicant, on behalf of Global XYZ
Development LLC represented by Archana Thota, owner; for approval of a Conditional
Use Permit on approximately 9.4083 acres of land to allow for an amendment to the site
plan for Ordinance Number CUP 2014-09 in the Business Park-288 (BP-288) zoning
district; 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
Page 2 of 11
Ord. No CUP 17-00014
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 for an amendment to the site plan for Ordinance Number CUP 2014-09), subject
to all requirements of the Business Park-288 (BP-288) 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 a 9.4083 tract of land located in the H.T. & B.R.R.
Company Survey, Abstract 300, Brazoria County Texas; said 9.4083 acre tract
being all of a called 3.39 acre tract of land recorded in the name of George D.
and Mary Fishman in Clerk's File Number 2005061002 of the Official Records of
Brazoria County (O.R.B.C.) Texas, the remainder of a called 3.3 acre tract of
land (North 3.3 acres) recorded in the name of George D. and Mary Fishman in
Clerk's File Number 97-015077 of the O.R.B.C. and the remainder of a called 3.3
acre tract of land (South 3.3 acres) recorded in the name of George D. and Mary
Fishman in Clerk's File Number 97-010496 of the O.R.B.C.; and said 9.4083
acres also being all of Minor Plat of Medical Resort at Pearland, a subdivision
plat recorded in Clerk's File Number 2015027678 of the Brazoria County Plat
Records (B.C.P.R).
General Location: Approximately 1,600 feet north of County Road 59 on the
west side of Business Center Drive, Pearland, 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 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
Page 3 of 11
Ord. No CUP 17-00014
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 18th day of
September, 2017.
/
,---- )GYV?
TOM REID
MAYOR
ATTEST:
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UNG� FIN R�
ITY S ' RETARY •��Qp%
:�.fttil j� :y
,
'
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th
day of September, 2017.
Page 4 of 11
Ord. No CUP 17-00014
____, ii C ) ?-5--t.40
TOM R
MAYOR
ATTEST:
••`Q.X11 14
i4..
Y NGFING,Mt. tel,
C Y SECRETARY r ,,,,,k
APPROVED AS TO FORM:
ZA"-:-. def---/-
DARRIN M. COKER
CITY ATTORNEY
•
Page 5 of 11
Ord. No CUP 17-00014
Ordinance No. CUP 17-00014
Exhibit"A"
Exhibit A
Legal Description
Being a 9.4083 tract of land located in the H.T. & B.R.R. Company Survey, Abstract
300, Brazoria County Texas; said 9.4083 acre tract being all of a called 3.39 acre tract
of land recorded in the name of George D. and Mary Fishman in Clerk's File Number
2005061002 of the Official Records of Brazoria County (O.R.B.C.) Texas, the remainder
of a called 3.3 acre tract of land (North 3.3 acres) recorded in the name of George D.
and Mary Fishman in Clerk's File Number 97-015077 of the O.R.B.C. and the remainder
of a called 3.3 acre tract of land (South 3.3 acres) recorded in the name of George D.
and Mary Fishman in Clerk's File Number 97-010496 of the O.R.B.C.; and said 9.4083
acres also being all of Minor Plat of Medical Resort at Pearland, a subdivision plat
recorded in Clerk's File Number 2015027678 of the Brazoria County Plat Records
(B.C.P.R).
Page 6 of 11
Ord. No CUP 17-00014
Ordinance No. CUP 17-00014
Exhibit'B"
Exhibit B
Vicinity Map
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Page 7 of 11
Ord. No CUP 17-00014
Ordinance No. CUP 17-00014
Exhibit"C"
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2407 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randall S, Emmons, hereby certify that the notice hereby appended
was published in the REPORTER NEWS, a newspaper of general
circulation in Galveston, Harris and Brazoria Counties, for /
Issues as follows:
No. 7 Date 0a23 20 /7
No. Date 20
No. Date 20
/..
jr i1 d/ ttdi t
President
Subscribe and sworn to before me this .~ day o $$17.
�rJ . . ..
Laura A nn Emmons, Publisher
Notary Public, State of Texas
=�1 1 1 1,1.1♦1��,!A 4 s,ar •a;.y�R:�.r.
•At LAURA ANN EM}' ON .f.
1 .( .t ) NOTARY PUBLIC
�/'r STATE OF TEXAS
�►. 1'�1'f'
'� ,• My Commission Expires 09-09-2018i
4 . "R*{t1'M4: i -1'j.s.i'Z:'I;s.' ••
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 17-00014
Notice is hereby given that on September 11, 2017, 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 hear-
ing in the Training Room of the Public Safety Building located on the second
floor, located at 2555 Cullen Parkway, Pearland. Texas, at the request of Kerry
R. Gilbert & Associates represented by Jennifer Curtis, applicant, on behalf of
Global XYZ Development LLC represented by Archana Thota, owner; for
approval of an amendment to the site plan for Ordinance Number CUP 2014-09
in the Business Park-288 (BP-288) zoning district: on approximately 9.4083
acres of land, to wit:
Being a 9.4083 tract of land located in the H.T. & B,R.R. Company Survey,
Abstract 300, Brazoria County Texas; said 9.4083 acre tract being all of a called
3.39 acre tract of land recorded in the name of George D. and Mary Fishman in
Clerk's File Number 2005061002 of the Official Records of Brazoria County
(O.R.B.C.) Texas, the remainder of a called 3.3 acre tract of land (North 3.3
acres) recorded in the name of George D. and Mary Fishman in Clerk's File
Number 97-015077 of the O.R.B.C. and the remainder of a called 3.3 acre tract
of land (South 3.3 acres) recorded in the name of George D. and Mary Fishman
in Clerk's File Number 97-010496 of the O.R.B,C.; and said 9.4083 acres also
being all of Minor Plat of Medical Resort at Pearland, a subdivision plat record-
ed in Clerk's File Number 2015027678 of the Brazoria County Plat Records
(B.C_P.A).
General Location: Approximately 1,600 feet north of County Road 59 on the
west side of Business Center Drive, Pearland, Texas.
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.
Martin Griggs
Senior Planner
Page 8 of 11
Ord. No CUP 17-00014
Ordinance No. CUP 17-00014
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
v v
TEX AS
EST. t se.
Planning & Zoning Commission
Recommendation Letter
September 12, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 17-00014
Honorable Mayor and City Council Members:
At their regular meeting on September 11, 2017, the Planning and Zoning Commission
considered the following:
A request of Kerry R. Gilbert & Associates represented by Jennifer Curtis, applicant,
on behalf of Global XYZ Development LLC represented by Archana Thota, owner;
for approval of an amendment to the site plan for Ordinance Number CUP 2014-09
in the Business Park-288 (BP-288) zoning district; on approximately 9.4083 acres of
land.
Legal Description: Being a 9.4083 tract of land located in the H.T. & B.R.R.
Company Survey, Abstract 300, Brazoria County Texas; said 9.4083 acre tract
being all of a called 3.39 acre tract of land recorded in the name of George D.
and Mary Fishman in Clerk's File Number 2005061002 of the Official Records of
Brazoria County (O.R.B.C.) Texas, the remainder of a called 3.3 acre tract of
land (North 3.3 acres) recorded in the name of George D. and Mary Fishman in
Clerk's File Number 97-015077 of the O.R.B.C. and the remainder of a called 3.3
acre tract of land (South 3.3 acres) recorded in the name of George D. and Mary
Fishman in Clerk's File Number 97-010496 of the O.R.B.C.; and said 9.4083
acres also being all of Minor Plat of Medical Resort at Pearland, a subdivision
plat recorded in Clerk's File Number 2015027678 of the Brazoria County Plat
Records (B.C.P.R).
Page 9 of 11
Ord. No CUP 17-00014
General Location: Approximately 1,600 feet north of County Road 59 on the
west side of Business Center Drive, Pearland, Texas.
At the regular meeting of the P&Z Commission on September 11, 2017, Commissioner
Mary Starr made a motion to recommend approval of Conditional Use Application No.
CUP 17-00014. P&Z Commissioner David Selsky seconded the motion. The motion to
recommend approval passed by a vote of 5-0. P&Z Chairperson Daniel Tunstall, P&Z
Vice Chairperson Thomas Duncan, P&Z Commissioners Mary Starr, David Selsky, and
Derrell Isenberg voted in favor of the request. After the vote there was additional
discussion about future CUP process and minor alterations to site plans between
Deputy City Attorney Lawrence Provins and the P&Z Commissioners.
Sincerely,
nerA .4*
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 10 of 11
Ord. No CUP 17-00014
Ordinance No. CUP 17-00014
Exhibit"E"
Exhibit E
Site Plan and Attachments
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CUP 2017-14
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(1%1 AMENDIIIIENT TO , ------''''r::,--",.. —
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BASED ON LINEWORK PROVIDED BY GOA ARCHITECTS
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Page 11 of 11
Ord. No CUP 17-00014