Ord. 2000CUP-30 2009-04-27ORDINANCE NO. 2000CUP-30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, ON
PLAT FILED FOR RECORD AS 1.5540 ACRES OF LAND OUT OF 14.2863 ACRES
OF LAND OUT OF LOTS 6 AND 7 OF A SUBDIVISION IN THE JAMES HAMILTON
SURVEY, ABSTRACT 881, IN HARRIS COUNTY, TEXAS, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 83, PAGE 342, OF THE DEED
RECORDS OF HARRIS COUNTY, CITY OF PEARLAND, HARRIS COUNTY, TEXAS
(LOCATED AT 1111 SH 288, PEARLAND TX.), CONDITIONAL USE PERMIT
APPLICATION NO. CUP2009-06, TO PERMIT A HOTEL, IN THE BUSINESS PARK
288 (BP-288) DISTRICT, AT THE REQUEST OF MEDALLION INVESTMENTS V INC.,
APPLICANT AND 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, Medallion Investments V Inc., applicant and owners, filed an
application for reinstatement of 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 20t" day of April, 2009, 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-30
WHEREAS, on the 20th day of April, 2009, 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 Medallion
Investments V Inc., owners, whereby the Commission recommended
approval of the Conditional Use Permit with the same conditions as CUP
No. 2007-06 to permit a Hotel, which are:
Specifically, one hotel with less than 100 rooms may be constructed.
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 27th day of April, 2009;
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 Medallion Investments V Inc., applicant and 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 Business Park -288, is hereby
granted a Conditional Use Permit to allow a Hotel with the same conditions as CUP No.
2007-06, in; such property being more particularly described as:
Page 2 of 4
Ord No 2000CUP-30
ORDINANCE NO. 2000CUP-30
1.5540 acres of land out of 14.2863 acres of land out of Lots 6 and 7 of a
subdivision in the James Hamilton Survey, Abstract 881, in Harris County, Texas,
according to the map or plat thereof recorded in Volume 83, Page 342, of the
Deed Records of Harris County, City of Pearland, Harris County, Texas (located
at 1111 SH 288, Pearland TX.)
Specifically, one hotel with less than 100 rooms may be constructed
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
Page 3 of 4
Ord No 2000CUP-30
ORDINANCE NO. 2000CUP-30
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 27t" day of April, 2009.
~~~ ~
TOM REID
MAYOR
ATTEST:
~ = p~Q~ARLgy
a.:
UNG I T C `~
_-~
~-.
TY RETARY
APPROVED AS TO FORM:
DARRIN M. CO ER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-30
- Exhibit "A"
Application
Ordinance No. 2000CUP-30
CUP APPLICATION Page 1 of 4 (Updated May 2008)
City of Pearland
Community Development
APPLICATION FOR 3523 Liberty Drive
A CONDITIONAL USE Pear and Texas 77581
PERMIT (CUP) 281 652-1702 fax
www.cityofpearland.com
Conditional Use Permit Request for:
+~lN ~~fflc.:S i N ~S ( Yi6 U;l1t~
proposed use from the Table of Uses of the UOC)
Current Zoning District: ~8S ~B~ - Z E'~ ~
Property Information:
Address or General Location of Property: / 3 `) 3 ( so ~'rfi ~2 ~.~ ~
Tax Account No. ~ ~- R 6z< 22 2 ~
Subdivision: ,7~r1~3 ~/~M i c rare . ~r!KY~~~ Lot: ~ ~A~~+n 7 Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME ~IETI~Lci~~t ~Ny~'sfNle~lTS .x ,_ Znlc..
ADDRESS ~ ~7,~ ,/(/!/ZpDiLT" :~y~
CITY l{c~y.~~Tz~.+ STATE~ZIP '~7 0 ~l
PHONE( c~,SZ) ~/~- gZ6~
FAX( ~I ~ ) 72 ~? - E % ~6
E-MAIL ADDRESS iC5•PArI t~ f f!!"C.Crrh
APPLICANT INFORMATION:
NAM E /I) 7~<1l t'i c•ft ~~Z11 c•-tV e~i r16'~VT~ "~ _~ ,1+v c-
ADDRESS ~'~18 /~~IZPO~7 r~LV~
CITY ~lc'L'Siy.-I STATE~ZIP 77C Fl
PHONE( c~32r) SIX - 4~r~6
FAX( ~7/3 ) ~Z~' - 6 J dd
E-MAIL ADDRESS ,BPS ./~AT2"Lly /~K~ c . ce~l
'Property owner must be the current owner of the property at the time of submittal of the application, and not the party
that has the property under contract.
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code of the City of Pearland.
Owner's Signature: / ~ ~~ Date: ~' 3 -/t3 - ~'
Agent's Signature: ~~ .5 ~°~n`z. firr~i~«~.~ip~
Date:
FFICE SE ONLY:
PA D~ ~~~ -' PA DE ~ I T~ 11~~ BYCEIVE /0 ` , NUMBER: ~ ~~ ~ ~ ,
Application No. C~_
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O Ori~~~in:tl (~l [' al,l,liratiun " (~l P?11117-U(, ~~a~ :t)tl~ruvt~d un .luue '_~, ~i111~ (\Itachcdl
?) fhe altl,licatiun fur huilrlin~, Itcrntit = I)ti-lIUtIII I~;'1 \\ a~ ntadc un Juue ?%. ?Itli;i:
develohmettt ~.;railin~~ lti•rtuit = Ilil)-11~ «~as issnctl utt ~u~entl~er Zl, ~IIII~i (_ltr<tch+_`d):
[:ina1 httililin`M ltcrntit \~as nut pct issued (.attachccl final cunlntcnls).
Z- t1 e could nut tarn it in details desi~~+tr alt}tliealion f, u- t,uiltlin~+ ltrrutil earlirr (trcauu
of C it\ i tilih delru•tmcnt diil nul ~~i~e u, an\ s)tccifir x•hcdule :tail Incation of \\arcr
and storm srti~ er facitih at our site. Finall\ ~~ e rereis ed an e mail r,n ~I:trrh _'1-U;;
front the C its l tilit\ dehartntcnt st,ntc runtntitntent l~ursuin<_ further l~ro~.;rc~
,l fu evImdite (i(\ utilily l,ruject aril our huitdin~~ Iterrnit. vie donated l:tttd fur city
utilih raseutent. (.\ttached)
~) Rcrnrdcd Platting,;. \~ arrant\ 1)ccd and Site Plan-t I shu~u tract aril huilc-in`~ area.
r,- fiulida~ Ilut l:.~ltt'e,s t•ranchi.~r a~,reentent (.~tt:tchrd).
7j ~1 e already have cuntmitntent letter front Enterprise Iianlc for permanent luau fur our
project (.-\ttuchcdl. I he I.OC can he re instated as shun a5 ~~c <~et 1~uildin~~ 1>~rmit anJ
C l I' .
;il thle to ~! ater aril Sturm tiet\cr line luc:ttiutt nncertaint~ h\ (ih of 1'e:u•lunil [~tilit\
Del~arriuent ~shieh t~:tti ichedule fu finish in first OI nf~?IIl-~(, su \\e n\c•rluul~~+l (l P
dcadlini•. Please rc instate the (l P.
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Exhibit "B"
Location Map
Ordinance No. 2000CUP-30
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LOCATION MAP
CONDITIONAL USE PERMIT NO. 2009-06
T
NORTH
LOCATED AT 1111 SH 288, PEARLAND, TX 77584
Exhibit "C"
Publication
AFFIDAVIT O F P U B L `~,, , . ~ Orain, nce No. 2000CUP-30
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 ~` r 20 ~'' ~1.
Date 20
Date 20
Date 20
Date 20
o~`' 1~~~
CFO
Subscribe and sworn to before me this 3 r day of ~~ ~ I
20~ ~
,p~~` ;"`°~,~ LAURA ANN EMMONS
Natary Puolic, S'V~9T'~'9
~,, ~... t~ r~
•r,. ,••• My i;pn:~mssio~ Expires
Emmons, Publisher
blic, State of Texas
~\~' acA~q - Ulo
and owner,
wal of the r
nent of
Published April 1 and
April 8, 2009
NOTICE OF A
JOINT PUBLIC
HEARING OF THE
CITY COiINCIL AND
THE PLANNING
AND ZONING COM-
MISSION OF THE
CITY OF
PEARLAND,TEXAS
CONDITIONAL USE
PERMIT APPLICA-
TION NO. 2009-06
Permit (CUP) to pe
mit a Hotel in th
Business Park 28
(BP-288) Zoning di;
trict, on the followin
described property:
Legal Description: A
tract of land contain-
ing 1.5540 acres
(67,693 square feet)
of land out of lots Six
(6) and Seven (7) of
a subdivision in the
James Hamilton sur-
vey, Abstract No.
881, in Harris County
Texas, according to
the map or plat there-
of recorded in
Volume 83, Page
342 of the Deed
Records of Harris
County, and being
the same tract of
land conveyed to
Mobile America
Housing Corporation
as described in deed
recorded under
County Clerk's file
No. P568285 of the
Real Property
Records of Harris
County Texas
General Location:
Notice is hereby Located at 1111 SH
given that on April 288, Pearland, TX
20, 2009, at 6:30 77584
p.m., the City Council
and Planning and At said hearing, all
Zoning Commission interested parties
of the City of shall have the right
Pearland, in and opportunity to
Brazoria, Harris and appear and be heard
Fort Bend Counties on the subject.
,
Texas, will conduct a
joint public hearing in Angela Gantuah
the Community Senior Planner
Center, located at
3523 Liberty Drive,
Pearland, Texas, on
the request of
M e d a l l i o n
Investments, appli-
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd IVlorrow, 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 ~~!
No. Date 20
No. Date 20
No. Date 20
No. Date 20
n~
CFO
.,
Subscribe and sworn to before me this day of
20~
~~~arP~B~ LAURA ANN EM/
'~.~~. Notdry PUbIIC, Stai@
o My Commission Expires
Ann Emmons, Publisher
Notary Public, State of Texas
CAP ~~~ --~~
Published April 1 and
April 8, 2009
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
CONDITIONAL USE
PERMIT APPLICATION
N0.2009-06
Notice is hereby given
that on April 20, 2009, 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 hearing in
the Community Center,
located at 3523 Liberty
Drive, Pearland, Texas,
on the request of
Medallion Investments,
applicant and owner, for
approval of the rein-
statement of a
Conditional Use Permit
(CUP) to permit a Hotel
in the Business Park
288 (BP-288) Zoning
district, on the following
described property:
Legal Description: A
tract of land containing
1.5540 acres (67,693
square feet) of land out
of lots Six (6) and Seven
(7) of a subdivision in
the James Hamilton sur-
vey, Abstract No. 881, in
Harris County ,Texas,
according to the map or
plat thereof recorded in
Volume 83, Page 342 of
the Deed Records of
Harris County, and
being the same tract of
land conveyed to Mobile
America Housing
Corporation as
described in deed
recorded under County
Clerk's file No. P568285
of the Real Property
Records of Harris
County Texas.
General Location:
Located at 1111 SH
288, Pearland, TX
77584
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Gantuah
Senior Planner
Planning & ~Oaing Commission
Recommendation Letter
April 21, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2009-06
Honorable Mayor and City Council Members:
At their meeting of April 21, 2009, the Planning and Zoning Commission considered the
following:
A request by Medallion Investments V Inc., applicant and owner, for approval of
a Conditional Use Permit fora "Hotel" facility in the Business Park District - 288
(BP-288), on the following described property, to wit:
LEGAL DESCRIPTION: 1.5540 acres of land out of 14.2863 acres of land out of
Lots 6 and 7 of a subdivision in the James Hamilton Survey, Abstract 881, in
Harris County, Texas, according to the map or plat thereof recorded in Volume
83, Page 342, of the Deed Records of Harris County, City of Pearland, Harris
County, Texas
GENERAL LOCATION: Located at 1111 SH 288, Pearland, TX 77584.
At the Planning and Zoning Commission Meeting, Member, Ron Capeheart,
made a motion to approve the Conditional Use Permit (CUP) with the same
conditions as CUP No. 2007-06. The motion was seconded by Commission
Member Jerry Koza Jr. The vote was 5-0 and the motion passed. The
Conditional Use Permit was approved with the same conditions as previous CUP
2007-06:
Specifically, one hotel with less than 100 rooms may be constructed.
Sincerely,
Angela Gantuah, Senior Planner
On behalf of the Planning and Zoning Commission
Page 1