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Ord. 2000CUP-10 2008-03-10ORDINANCE NO. 2000CUP-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, LOCATION BEING 1.995 ACRE TRACT OF LAND IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BEING A PORTION OF LOT 39 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBURBAN GARDENS SUBDIVISION, SECTION 85, AS SHOWN ON PLAT RECORDED IN VOLUME 2, PAGE 107 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE WEST SIDE OF MILLER RANCH ROAD), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-10), TO ALLOW FOR "ADDITIONAL BUILDING HEIGHT FOR A HOTEL" FACILITY IN THE OFFICE AND PROFESSIONAL DISTRICT (OP); AT THE REQUEST OF MONTY HUDSON, APPLICANT FOR BHARAT BHAKTA, 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, Monty Hudson, applicant for Bharat Bhakta, 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 18~h day of February, 2008, 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 ORDINANCE NO. 2000CUP-10 WHEREAS, on the 28t" day of February, 2008, 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 Monty Hudson, applicant for Bharat Bhakta, owner, whereby the Commission recommended approval of the 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 March 10, 2008; 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 Monty Hudson, applicant for Bharat Bhakta, 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 Office and Professional District (OP), is hereby granted a Conditional Use Permit to allow for "additional building height for a hotel" facility, and subject to the requirement that the subject property develop in accordance with the site plan and building elevation drawings as provided in Exhibit "E"; such property being more particularly described as: 1.995 acre tract of land in the H.T. & B.R.R. Company Survey, Abstract 304, being a portion of Lot 39 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision, Section 85, as shown on plat recorded in Volume 2, Page 107 of the Plat Records of Brazoria County, Texas, City of Page 2 of 4 Ord No 2000CUP-10 ORDINANCE N0.2000CUP-10 Pearland, Brazoria County, Texas (Generally Located on the North Side of FM 518 (Broadway Street), and on the West Side of Miller Ranch Road) 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. 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 first and only 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. Page 3 of 4 Ord No 2000CUP-10 ORDINANCE NO. 2000CUP-10 PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this the 10th day of March, 2008. TOM REID MAYOR - :..;~y ATTEST:.: :.$. r ~ aUN~CSR'FII~, TY CRETARY APPROVED AS TO FORM: ~~n. ~ DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000CUP-10 Exhibit "A" Application ~_;_ ~. ~'E:t?,~~~~, Sr--- :z APPLICATION FOR A CONDITIONAL USE PERMIT SCUP) Page 1 of Application Ordinance No. 2000CUP-10 City of Pearland Community Development 3523 Liberty Drive (Community Center} Pearland, Texas 77581 281-652-1768 281-652 1702 fax www.cityofpeartand.com JAN ~ 8 2008 Conditional Use Permit Request for: t-f ~ ~. tB~t propomed us6) _ C ~ ~ 1 S F=n 2 C_r~~~Cr~ i n o n1 ~ /a ~d7~' r~ t-~ t t-~ ~r Current Zoning District: C~h Property Information: Addressor General Location: Z~rN„ t~l ~ L, ~,r~ t2~~,t-R t?_p,n.~ Tau Account No.: ~ ~ ~ '" ~ 8 ~ r 13 C Subdivision: I~n.2LAN (.7 i~t • ~ L [ ~ -} ~„_.:~ L C E Lot: i Block: PROPERTY OWNER INFORMATION': f I. ~L~IL-f-a. ~t ss 3 ~a3 S . t-c,•f-s fi ~~~ CITY ~'b I Li_r~-~. STATEw~~ZIP ~ a~ PHONE( ~~" ) (~ ~ ~ ~- 0~~ ~ 3 FAX( 3~.f' l ~ ~ 3 E-MAIL ADDRESS ~bbV ~b~-ct ~-~l~ .~n•~~/ . CCm APPLICANT INFORMATION: NAME l~'1.[~11''1_ t,,~S~7~/ .., ,.~ AD©RESS____t~Z~_ E~~_~~~,,._._ CITY r O~N'D ~QA~~iE STATE '~' ZIP -7S~.S,~, PHONEi;_~~ 2 (~l_-3 Fr -? O FAX(G 1 Z ?- 2 ~.~1- ~~ I ~ E-MAIL ADDRESS /t~- rvi--r:~{n~_ ~.Psc~-~ ~ G- ~w„ ~ t_ • ~,~_ If there are multiple property owners, please list on a separate sheet of paper and attach to this application. ` Must be the current property owner at the time of the submittal of the application, nvt the party that has the property under contract LOCATION MAP Conditional Use Permit No. CUP2008-10 Exhibit "B" 0 300 600 Feet N l i~ i l I W~E S Map Prepared on January 28, 2008 Location Map . Exhibit "C" Publications AFFIDAVIT O F P U B L i L,f-1 ~ iv it a No. 2000CUP-10 The Pearland Reporter News ~ -.- 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER. NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for __ / issues, as follows: No. .. No. No. No. No. Date Date Date Date Date ~© _ 20 ~~!~ _ 20 _ 20 _ 20 _ 20 CFO Sub~a^ibe and sworn. to before me this ~-~ day of ,~-~ LAURA ANN I;MMONS Laura Ann Emmons, Publisher ~ '~ ~ Notary Public, State of Texas ~r.,,.•*' My Camrnission Expires O9-pg.2pyp Notary Public, State of Texas Published Jan. ;sU arw Feb. 6, 2008 NOTICE OF A J!OMIT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNINQ AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT NO. CUP2008-10 Notice is hereby given that • on February 18, 2008, at 6:31) p.m., the City Councl 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 Monty Hudson, applicant for Bharat Bhakta, . owner, for approval of a CondOfonal Usa Psrmit fo'r "additional builcldtg` height for a hotel' fadlky in the Office and Professional District (OP), on the following described property, to wit: 1.995 acre tract of land in the H.T. A B.R.R. Company Survey,.Abstract 304, being a portion of Lot 39 of the Allison Richey Gulf Coast Home Company Suburban. Gardens Subdivision, Section 85, as shown on plat recorded in Volume 2, Page 107 of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria Councy, Texas (Generally Located on the North Side of FM 518 (Brpedwey SVeet), and on th6 West Side of Miller Ranch Road) 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 AFFIDAVIT OF PUBLICATION The Pearland Reporter News ~ - - 2404 South Park Pearland, Texas 775.81 State of Texas Brazoria and Harris Counties I, .Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for ~ issues, as follows: No. ~ Date 20 S~_ . „ No. No. No. No. Date Date Date Date 20 20 20 20 CFO Subscribe and sworn to before me this ~ day of 20~- ~ ~n_ ~~- - - - u~uRA Q . Notary P ' , St~t~tj~a~ '~+r,oF..+' My Commission Expires 09-09-2010 Emmons, Publisher blic, State of-Texas C~~:~P ~ ~ - ~~ Published Jan.. 30 and Feb. t3, 2008 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 N0. CUP2008.10 Notice is hereby given ti~at on February 18, 2008, at 8:30 p.m., the City Council and Planning .and Zoning Commission bf the City of Pearland";'1,n ' .Brazorie, Hams and Rort Bend Counties, Texas, will cor% duct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Monty Hudson, applicant for Bharat Bhakta, owner, for approval of a Conditional Use Parrnit for 'additiaral building height for a hotel' facility in the Office and Professional District (OP), on the following described property, to wit: 1.995 acre tract of land in the H.T. 8 B.R.R. Company Survey, Abstract 304, being a portion of Lot 39 of the Allison Richey Gulf Coast .Home .Company Suburban Gardens Subdivision, Section 85 as shown on plat recorded in Volume 2, Pag@' 107 of .the Plat Reoobs of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (Generally Located on ~e North Side of FM .51.8 (Broadway Street), and on the West. Side of Miller Rakich Road) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. ls/Theresa Grahmann Senior Planner Exhibit "D" P 8~ Z Recommendation Letter Ordinance No. 2000CUP-10 Planning & Zoning Commission Recommendation Letter February 28, 2008 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Conditional Use Permit No. CUP2008-10 Honorable Mayor and City Council Members: At their regular meeting of February 18, 2008, the Planning and Zoning Commission considered the following: A request by Monty Hudson, applicant for Bharat Bhakta, owner, for approval of a Conditional Use Permit for "additional building height for a hotel" facility in the Office and Professional District (OP), on the following described property, to wit: Legal Description: 1.995 acre tract of land in the H.T. & B.R.R. Company Survey, Abstract 304, being a portion of Lot 39 of the Allison Richey Gulf Coast Home Company Suburban Gardens Subdivision, Section 85, as shown on plat recorded in Volume 2, Page 107 of the Plat Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas General Location: Generally Located on the North Side of FM 518 (Broadway Street), and on the West Side of Miller Ranch Road Commission Member Capehart made a motion to recommend approval of the conditional use permit request, which was seconded by Commission Member Koza. The motion to approve passed 7 - 0. The conditional use permit was recommended for approval by the Planning and Zoning Commission. The Commission added the following condition to the approval of the conditional use permit: 1. The proposed elevation drawings and setback of the building shown on the site plan be added to the ordinance. Sincerely, Planning and Zoning Commission Page 1 of 1