Ord. 2000CUP-01 2007-11-11ORDINANCE NO. 2000CUP-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
REAL PROPERTY, LOCATION BEING LOTS 3, 4, 5, AND 6, BLOCK 5,
PEARLAND, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE EAST SIDE OF SH 35 (MAIN STREET),
AND ON THE SOUTH SIDE OF PLUM STREET), (CONDITIONAL USE
PERMIT APPLICATION NO. CUP2007-21), TO ALLOW A GAMING
ESTABLISHMENT, AT THE REQUEST OF BARBARA LEE, APPLICANT
FOR LYNN NICHOLS, OWNER; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES
TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS
DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE
CITIZENRY.
WHEREAS, Barbara Lee, applicant for Lynn Nichols, owner, filed an application
for a Conditional Use Permit for certain property, said property being legally described
in the original applications for amendment attached hereto and made a part hereof for
all purposes as Exhibit "A", and more graphically depicted in the location map attached
hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 19th day of November, 2007, 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 19th day of November, 2007, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed Conditional Use Permit application by Barbara Lee, applicant
for Lynn Nichols, owner, whereby the Commission recommended approval of the
ORDINANCE NO. 2000CUP-1
Conditional Use Permit, 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, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on November 19, 2007; 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 Barbara Lee, applicant for Lynn Nichols, owner, 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 limits of
the City of Pearland, Texas, and presently classified as Old Townsite General Business
District (OT-GB), is hereby granted a Conditional Use Permit to allow a gaming
establishment, such property being more particularly described as:
Lots 3, 4, 5, and 6, Block 5, Pearland, City of Pearland, Brazoria County, Texas
(Generally Located on the East Side of SH 35 (Main Street), and on the South
Side of Plum Street)
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. 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 the City Council for consideration
and decision.
Page 2 of 4
Ord No 2000CUP-1
ORDINANCE NO. 2000CUP-1
Section III. The City Council of the City of Pearland finds and determines that
the approval herein granted 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.
Section VII. Declaration of Emergency. The Council finds and determines that
the need to regulate land use inures to the benefit of the public and, therefore, bears
directly upon the health, safety, and welfare of the citizenry; and that this Ordinance
shall be adopted as an emergency measure, and that the rule requiring this Ordinance
to be read on two (2) separate occasions be hereby waived.
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the 11th day of November, 2007.
~~~ .
TOM REID
MAYOR
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Ord No 2000CUP-1
ORDINANCE N
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ITY CRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-1
Exhibit "A"
Application
Ordinance No. 2000CUP-1
bb i ~t r~ City of Peariand
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. ,, Ar P~~C~~~Q~ ~QR ~ Comm3523~ betty Drive
1~;.:~ca..~,=~` ~,~~, 1.+~l~LVt~~Qi~M~ I~SE PERI~I~" Pear and, Texas 77584
(CUP) 281-852-1768
281-852-1702 fax
Page 1 of Application www.cityofpeariand.corn
Conditional Use Permit Request far: t'--'t~~ ~-c~c~ t'~"~
{itst proposed u~ej
Current Zoning District:
Property lnfarmation:
Addressor Genera! Location: ~`~-.o ~ ~? • ~~'~...• ~-. t, ~ ~`-~-i-- ~'
lax Account Na_: ~.==~•~~--~~' ~~
Subdivision:
block:
PROPERTY OWNER INFORMATION*: if there are muitip{e property owners, please list on a separate
sheet of paper and attach to this appiica#ion.
NAME ~'7 1`u ~ ~ YlJ = ~-~`~~~~ -
Must be the
ADDRESS,•1{`; l.c>~'~-- ~~%~ t~t_.,t~ ~~• curren# property
CITY~A-~J~; ~2~r) STATE ~E~ Z!P ~ ~-1 '~ ~ owner at the
time of the
PHONE(~_~) ~~~ ~~~~ submittal of the
application, not
FAX~~) the party that
has the property
E-MAIL ADDRESS under contract.
APPLICANT INFORMATION:
NAME ,~~.~-~v..r~ !~ t~,13~1--~~ ~.-
ADDRESS~~'!~c1 ~~r,~~~c~l~~ 1~~1V~rl
C ITY ~n ~r ~~~,~ STATE ~ I X ZIP "1 "1 S` `~ ~
PHONE{ ~ t -~) '-j ~dG~ - ~-I~ "~-
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1=AX~________} c~ ~ a~n7- a a
E-MAIL ADDRESS ,~~~-~ 1Ct5~3t"~~=r~~ ~~-~- :'~?~"'-~_'_._.-
Exhibit "B"
Location Map
W ORANGE ST E ORANGE ST
Ordinance No. 2000CUP-1
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LOCATION MAP
Conditional Use Permit
No. CUP2007-21
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Map Prepared on November 5, 2007
Exhibit "C"
=~ AFF1DAVtT OF PUBLI~AT10Nordinance,Not2000CUP-1
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The Peari and Repo~ex'T~1ews - ;.~ r'r r
2A~Q4 South F'~~I~gPr; ~ ; ~ ~ !~; 2~ ~~.
. Pea~rland, Texas 77581
State of Texas
Brazoria and Harris Counties
l; Lloyd Morrow, hereby certify that the notice hereby appended was. published
in THE. REPORTER NEWS, a newspaper of general circulatwn in Brazoria Harris
and Galveston Counties, for / .issues, as follows:
. ~ No.
No.
Date __ - ~~ - 7 20 .c77
Date ._
Date
No. Date
No.
~~:.
Date
Subscribe and sworn~to before me ~ ~~
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Laura7Crin .Emmons; Publisher
Notary Public, State of Texas
Published Oct. 31 and Nov.
7, 2007.
NOTICE OF A JOINT PU&
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
CONDRIONAL USE PER-
MIT N0. CUP2007.21
Notice is hereby given that
on November 19, 2007, at
6:30 p,m., the City Council
and Planning and Zoning
Commission of the City of
Peadand, in Brazoria,
Harris and Fort Bend
Counties, Texas, will con-
duct ajoint public hearing in
the Council Chambers of
City Hall, located at 3519
Liberty Drive, Pearland,
Texas, on the request of
Barbara Lee, applicant for
Lynn Nichols, owner, for
approval of a Conditional
Use Permit fora "gaming
establishment' facility in the
Old Townsite General
Business District (OT-GB),
on the following described
property, to wit:
Lots 3, 4, 5, and 6, Block 5,
Peadand, City of Pearland,
Brazoria County, Texas
(Generally Located on the
East Side of SH 35 (Main
Street), and on the South
Side of Plum Street)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
sut~ject.
/s(fheresa Grahmann
Senior Planner
AFFIDAV`lT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581 ~ ~ .
State of Texas
Brazoria and Harris Counties
l; Lloyd Morrow, hereby certify that the notice hereby appended was. published
in THE. REPORTER NEWS, a newspaper of general circulatwn in Brazoria Harris
and Galveston Counties, for ~ .issues, as follows:
. No. Date ~~ -- ~-/ 20 ~~ ~ ~ .
.. ~ No. Date ~ 20
No. Date 20
No. Date ~ 20
No. Date 20
a'Y
CFO
Subscribe and swom~to before me this day of ~ ;
20~
~1~~r"a~r L~Ur~A ANC: ~MMONS
. ~ Notary Public, Sgaie of Texas
'+;f~~~t+'~ !Ny Commission Expires 09-09=2010
Laura Ann .Emmons, Publisher
Notary Public, State of Texas
~~.
Published (]ct. 31 and Nov.
7. 2007 .
NOTICE OF A JOINT PUB-
LIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
CONDITIONAL USE PER-
MIT N0. CUP2oo7.21
Notice is hereby given that
on November 19, 2007, 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 con-
duct ajoint public hearing in
the Council Chambers of
City Hall, located at 3519
Liberty Drive, Pearland,
Texas, on the request of
Barbara Lee, applicant for
Lynn Nichols, owner, for
approval of a Conditional
Use Permit fora "gaming
establishmenP facility in the
Old Townsite General
Business District (OT-GB),
on the following described
property, to wit:
Lots 3, 4, 5, and 6, Block 5,
Pearland, City of Pearland,
Brazoria County, Texas
(Generally Located on the
East Side of SH 35 (Main
Street), and on the South
Side of Plum Street)
At said hearing all interest-
ed parties shall have the
right and opportunity to
appear and be heard on the
subject.
/slTheresa Grahmann
Senior Planner
Exhibit "D"
Recommendation Letter From P8Z Commission
Ordinance No. 2000 CUP-1
Plaaaing & Zoning Convnission
Recommendation Letter
November 19, 2007
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit No. 2007-21, a request by Barbara
Lee, applicant for Lynn Nichols, owner, for approval of a Conditional Use Permit
fora "gaming establishment" facility in the Old Townsite General Business
District (OT-GB), Generally Located on the East Side of SH 35 (Main Street),
and on the South Side of Plum Street
Honorable Mayor and City Council Members:
At their regular meeting of November 19, 2007, the Planning and Zoning Commission
considered the request for approval of a Conditional Use Permit fora "gaming
establishment" facility in the Old Townsite General Business District (OT-GB), on the
following described property, to wit:
Legal Description: Lots 3, 4, 5, and 6, Block 5, Pearland, City of Pearland,
Brazoria County, Texas
General Location: Generally Located on the East Side of SH 35 (Main Street),
and on the South Side of Plum Street
Commission Member Diggs made a motion to recommend approval of the conditional
use permit, which was seconded by Commission Member Koza. The motion to
approve passed 6 - 1. Commission Member Gooden voted against the motion to
approve. The conditional use permit was recommended for approval by the Planning
and Zoning Commission.
Sincerely,
Planning and Zoning Commission
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