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Ord. 2000CUP-13 2008-05-19ORDINANCE NO. 2000CUP-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, LOCATION BEING 0.86 ACRES OF LAND, OUT OF A 9.6809 ACRE TRACT, BEING ALL THE LAND REMAINING UNSOLD OUT OF THAT CERTAIN 13.892 ACRE TRACT OF LAND DESCRIBED IN VOLUME 636, PAGE 695, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, SITUATED IN THE A.C.H. & B. SURVEY, ABSTRACT 416, AND THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 292, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF SH 35 (MAIN STREET), AND ON THE NORTH SIDE OF HASTINGS CANNON ROAD (CR 128)), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-11), TO ALLOW FORA "GAMING ESTABLISHMENT" FACILITY IN THE GENERAL COMMERCIAL DISTRICT (GC); AT THE REQUEST OF BETTY JONES, APPLICANT FOR S. KEVIN PRICE, 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, Betty Jones, applicant for S. Kevin Price, 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 17th day of March, 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 WHEREAS, on the 4th day of April, 2008, the Planning and Zoning Commission ORDINANCE NO. 2000CUP-13 of the City submitted its report and recommendation to the City Council regarding the proposed Conditional Use Permit application by Betty Jones, applicant for S. Kevin Price, owner, whereby the Commission recommended denial 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 April 14, 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 Betty Jones, applicant for S. Kevin Price, 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 General Commercial District (GC), is hereby granted a Conditional Use Permit (CUP) to allow fora "gaming establishment" facility; such property being more particularly described as: 0.86 acres of land, out of a 9.6809 acre tract, being all the land remaining unsold out of that certain 13.892 acre tract of land described in Volume 636, Page 695, of the Deed Records of Brazoria County, Texas, situated in the A.C.H. & B. Survey, Abstract 416, and the H.T. & B.R.R. Company Survey, Abstract 292, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of SH 35 (Main Street), and on the North Side of Hastings Cannon Road (CR 128)) Page 2 of 4 Ord No 2000CUP-13 ORDINANCE NO. 2000CUP-13 Section II. Pursuant to Section 2.2.3.4 (b) of the Unified Development Code, the CUP granted in Section I shall be subject to the following condition: The CUP shall expire one day after any owner, lessee, operator, or employee of the gaming establishment herein authorized is convicted in a court of competent jurisdiction of a violation of City Ordinance 1336 or any state law regarding gambling as applied to the property described herein. Section III. 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 IV. 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 V. 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 VI. 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 VII. This Ordinance shall become effective after its passage and approval on first and only reading. Section VIII. Declaration of Emergency. The Council finds and determines Page 3 of 4 Ord No 2000CUP-13 ORDINANCE NO. 2000CUP-13 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 19th day of May, 2008. REID MAYOR ATTEST: ~, ; •:~~ UNG I~ M ~'., ~~ Y S RETARY ..,... , APPROVED AS TO FORM: ~~~ dw, , C . ~• DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000CUP-13 Exhibit "A" Application Ordinance No. 2000CUP-13 y APPl.iCAT10N FORA city of Pearland ~-~ ~ - ~ Community Development ` ~.~ CO[~DITIOI~AL USE PERII~IIT 3523 Liberty Drive (Community Center) ~CUP~ Pearland, Texas 77561 281.652-1768 Page 1 of Application Z8~-652-1702 fax www. cityofpearland.com Conditional Use Permit Request for: ~~~~~-y~~. (~ (Ilst proposed use) - ' `~LIS-2_ M 2n -1- (Yl ~1 r In ~ ri ~ c ' Current Zoning District: ~ C Property Information: Address or General Tax Account No.:~ ~ Subdivision:,_~ ~?6//0 - 0291.f~~~2n faZ~~' S3S7 $,/hQci.-A•~9 Block: PROPERTY OWNER ( FORMATIO N*: !f there are mu~iple property owners, please list on a separate sheet of paper and attach to this application.. NAME ADDRESS ~ ~ Must be the CI-i-Y - ~ - STATE_ l ~ ZIP_ ~~~ (o current property owner at the PHONE( ~~~ ) - (' time of the FAX(~~ ~ ~ submittal of the application, not i E-MAIL ADDRES ~~ C the party that has the property under contract. APPLICANT INFORMA ION: ~ NAME ADDRESS !~ CITY STATE,_~_ZIP "~~ ~ PHONE~~~ L _ L FAXL~~ - ~ c~ E-MAIL ADDRESS '-l Y , n - -~" ~ ~~~ LOCATION MAP Conditional Use Permit No. CUP2008-11 Exhibit "B" N 0 200 400 Feet liiil I W~E S Map Prepared on February 26, 2008 Location Map Ordinance No 7nnnC:l IP_1'~ Exhibit "C" Publications AFFIDAVIT OF PUBL~~, ,. ~~ ace No. 2000CUP-13 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 l issues, as follows: No. ~ Date ~~ 2 7 20 l~ ~~ " No ~ ' Date 20 No. Date 20 No. Date 20 No. Date 20 ~1 CFO Subscribe and sworn to before me thas_ ~ day of 20~_ ~s~ ~ R,q AN • Notary p~b~ic,N EMM~NS ;,,o'~~*~° State of Texas MY Commission Expires o9_pg.2010 Laura Ann Emmons, Publisher Notary Public, State of Texas PubNaFnd Fea. 27 and March 5, 2008 NOTICE OF A JOINT PUBLIC NEARING OF THE CRY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY QF PEARLAND, TEXAS CONDITIONAL USE PillMR N0. CUP2008.11 Notioe is hereby given thaF on March 17, 2008, at 8:30 p.ra., the City Coundl and Planning and ~ Zoning Commission of the City of Pearland, in Brazoria, Harms and Fort Bend Counties, Texas, will c~r>- duct a joint public hearing in the Counal Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Betty Jones, applicant -for S: Kevin Prior, owner, for approval of` a Conditional Uae Permit for a °gaming establishment" facility in the General Commeraal District (GC), on the fol- bwing described property, to wft: 0.86 acres of land, out of a .9.6809 acre tract, being all the land remaining unsold out of that certain 13.892 acre tract of land described (n Volume 636, Page 695, of -the Deed Records of Brezoria County, Texas, situated in the A.C.H. 8 B. Survey, Abstract 416, and the H.T. 8 B.R.R. Company Survey, AbsUact 292, City of Pearland, Brezoria County, Texas (Generally Located on the East Side of SH 35 (Main Street), and on the North Side of Hastings Cannon Road (CR 128)) At said hearing all interest-. ed parties shall have the right and opportunity to appear and. be heard on the subject.' /alThsresa Grahmann Senior Plarp»r 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 3 ' ~ 20 ~_ ,. No. ~ Date 20 No. Date 20 No. Date 20 No. Date 20 ~S CFO Subscribe and sworn to before me this. ~ da of C~~~•cc~ Y 20~_ ~; ~ ~ LAURA ANN EMMO . ~' Notary Public, State of Te ~'~rE,,..*' My Commission Expires 09-09 ra Ann Emmons, Publisher Notary Public, State of Texas C~-~.P ac~a~-~ 1 Pub~hed Fab. 27 and Mangy 8, 200E ~IOTI~~.OF ;.~- JOINT PUBLjC H T~r.I!~ANN tONiN© .C©~MEII~I.. OF THE'...l;1TY~'~,~' ~EARLAND, TpXAS CONDITIONAL UaE ~ERNpT N0. CUP2001w11 Jotlce 1a hereby given that -n Maroh 17, 2008, at 8:30 -.m., the City CouncN and planning and Zonthg ~ommisalon of the Cpy of Pearland, In Brazoria, Harris and Fort Bend Counties, Texas, will oon• duct a joint public hearing in the Coundl Chambers of City Hall, located at 3519 Liberty Drive, Peartarxf, Texas, on the request of Betty Jones, applicant for S. Kevin Prbs, owner, for approval of a Conditional Use Permit for a "gaming establishment" facility in the General Commercial District (GC), on the fol- lowing described property, to wit: 0.86 saes of land, out of a 9.6809 sae tract, being ail the land remaining unsold out of that certain 13.892 sae tract of land described in. Volume 636, Page 695, of the Deed Records of Brazoria County, Texas, situated in the A.C.H. & B. Survey, Abstract 416, and the H.T. ~ B.R.R. Company Survey, Abstract 292, City of Peariand, Brazoria County, Texas (Generally Located on the East Side of SH 35 (Main Street), and on the North Side of Hastings Cannon Road (CR ~ 128)) At said hearkrg aN inlereat- Page. 48, of the Map Records of Harris County, Texas, City of Peariand, Harris County, Texan (Generely Located on tM East Side of the future extension of Riveratone Ranch Drive, and Approximatey .1,000 Feet South of SuDarbush Ridge Lane) At said hearing alt Interest- ed parties shah have the " right and opportunity to appear and be heard oh the aubjset. Isl Tftenaa GnlwrMnn Senior Plenr~r - - Exhibit "D" P&Z Recommendation Letter Ordinance No. 2000CUP-13 Planning & Zoning Commission Recommendation Letter April 4, 2008 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Conditional Use Permit No. CUP2008-11 Honorable Mayor and City Council Members: At their regular meeting of March 17, 2008, the Planning and Zoning Commission considered the following: A request by Betty Jones, applicant for S. Kevin Price, owner, for approval of a Conditional Use Permit fora "gaming establishment" facility in the General Commercial District (GC), on the following described property, to wit: Legal Description: 0.86 acres of land, out of a 9.6809 acre tract, being all the land remaining unsold out of that certain 13.892 acre tract of land described in Volume 636, Page 695, of the Deed Records of Brazoria County, Texas, situated in the A.C.H. & B. Survey, Abstract 416, and the H.T. & B.R.R. Company Survey, Abstract 292, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of SH 35 (Main Street), and on the North Side of Hastings Cannon Road (CR 128) Commission Member Capehart made a motion to recommend approval of the conditional use permit request, which was seconded by Commission Member Gooden. The vote was 2 - 3. Commission Members Capehart and Fuertes voted for the motion to approve, and Commission Members West, Gooden, and Sherrouse voted against the motion to approve. The conditional use permit was recommended for denial by the Planning and Zoning Commission. The Commission stated the following as their reasons for the denial: 1. The proposed facility is prominently visible in an area that is a "gateway" to the City. 2. The proposed use is not the "highest and best" use of the land. Sincerely, Planning and Zoning Commission Page 1 of 1