R2019-CUP19-00017 2019-11-18 RESOLUTION R2019- CUP19-00017
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for additional height for an
existing building within General Business (GB) District, Being all that
certain 4.6602 acres out of lot 1, Blok 2, Fourth Amending plat of Shadow
creek Town center according to plat as filed in Document Number
2019016526 in the official Plat records of Brazoria County, Texas. (Located
at 10907 Memorial Herman Drive. Pearland, TX). Conditional Use Permit
Application No CUP19-00017, within the General Commercial (GC) District,
at the request of Glen Preston representing HCP DAS Pearland TX LP,
applicant, on behalf of Memorial Herman Health system, owner, containing
a savings clause, a severability clause, and an effective date and Other
provisions related to the subject.
WHEREAS, Glen Preston, applicant, on behalf of Memorial Herman Health
system, owner is requesting approval of a Conditional Use Permit (CUP) to allow
additional height for an existing building located within the General Commercial (GC)
District 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 18st day of November, 2019, a Joint Special Meeting was held
before the Planning and Zoning Commission and the City Council of the City of Pearland,
Texas, notice being given by online publication on the City website, a copy of which 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, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advertised in the premises, finds that in the case
of the application of Glen Preston representing HCP DAS Pearland TX LP, applicant, on
behalf of Memorial Herman Health system, owner, for approval of a Conditional Use
Permit to allow additional height for an existing building; presented which, in the judgment
of the City Council, would justify the approval of said application; now, therefore,
BE IT RESOLVED 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
Commercial (GC) District, is hereby granted a Conditional Use Permit (CUP) to allow
additional height for an existing building, subject to all requirements of the General
Commercial (GC) District, in accordance with all conditions and requirements of the
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 all that certain 4.6602 acres out of lot 1, Blok 2, Fourth
Amending plat of Shadow creek Town center according to plat as field in Document
Number 2019016526 in the official Plat records of Brazoria County, Texas.
General Location: 10907 Memorial Herman Drive, Pearland, TX.
Conditions:
1. As long as there are no structural alterations to the height of this building then the CUP
will have no expiration date;
2. Should an accident or natural disaster cause the building to need to be restored then
a new CUP would not be necessary; and
3. A new CUP will not be required to cure the height issue when the next building is
constructed on the lot
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 City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that the
Resolution 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
Resolution 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 Resolution shall become effective after its passage and
approval.
PASSED, APPROVED, and ADOPTED on this the 18th of November, 2019.
V-2--(-46
:`o`��'' o�`'� TOM REID
_ok MAYOR
°°1114.1 toe
ATTEST:
MARIA E. RODRIGUEZ, TR
INTERIM CITY SECRETARY
61----
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being all that certain 4.6602 acres out of lot 1, Blok 2, Fourth Amending plat of
Shadow creek Town center according to plat as filed in Document Number
2019016526 in the official Plat records of Brazoria County, Texas.
Exhibit B
Vicinity Map
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Exhibit C
Online Notification
NOTICE OF A SPECIAL JOINT PUBLIC HEARING OF THE CITY
COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE
CITY OF PEARLAND, TEXAS, REGARDING:
Conditional Use Permit Application: CUP 19-00017
A request by Glen Preston, representing HCP DAS Pearland, TX LP,
applicant, on behalf of Memorial Hermann Health Systems, owner, for
approval of a Conditional Use Permit (CUP) to allow for additional height
for an existing building located on approximately 5.38 acres of land within
the General Commercial (GC) District; to wit:
Legal Description: All that certain 4.6602 acres out of Lot 1, Block 2,
Fourth Amending Plat of Shadow Creek Town Center according to the plat
as filed in Document Number 2019016526 in the Official Plat Records of
Brazoria County, Texas.
General Location: 10907 Memorial Hermann Drive, Pearland, TX.
Summary: The applicant seeks to remedy the existing nonconformity
pertaining to the height of the four-story office building (approximately 59
feet), which exceeds the maximum height of 45 feet permitted by the
General Commercial District.
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber at City Hall
LOCATED AT
3519 Liberty Drive, Pearland, Texas
At 6:30 P.M., Monday, October 21, 2019
You are receiving this notice because appraisal district records indicate
that you own property within 200 feet of the subject property identified on
the attached map. You are invited to attend the public hearing and voice
your support or opposition for the above reference request. If you have
comments please feel free to email them to aaonzales(apearlandtx.00v or
submit a public comment form using the above application number to
reference this case. For more information on this request and your
involvement in the hearing process, visit our website at
www.pea rlandtx.govfpublic-hearings.