Ord. CUP2016-05 2016-09-19Ordinance No. CUP 2016-05
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a Hotel/Motel in the Business
Park District — 288 (BP -288) zone. being 14.286 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, Texas and being that same tract of land
conveyed to Nova Strategic Solutions Ltd., as described in deed recorded under
County Clerk's File #Z357162 of the real property records of Harris County,
Texas. (Located at SH 288, north of 1111 Freeway 288, Pearland, TX.)
Conditional Use Permit Application No 2016-05, within the Business Park District
— 288 (BP -288) zoning district, at the request of Nirmal Gandhi, applicant; on
behalf of Ajay and Madhu Jain Living Trust, owner, containing a savings clause,
a severability clause. and an effective date and other provisions related to the
subject.
WHEREAS, Nirmal Gandhi. applicant; on behalf of Ajay and Madhu Jain Living
Trust, owner; is requesting approval of a Conditional Use Permit (CUP) to allow for a
hotel/motel use on approximately 1.446 acres of land 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 21"' day of March 2016. 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 21"' day of March 2016, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit to allow for a hotel/motel use on approximately 1.446
acres of land, 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, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 12"' day of August 2016
and the 19"' day of August 2016; 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 Nirmal Gandhi, applicant; on behalf of Ajay and Madhu Jain Living
Trust, owner; for approval of a Conditional Use Permit on approximately 1.446 acres of
land to allow for a hotel/motel use: 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 City
Limits of the City of Pearland, Texas. and presently being located within the Business
Park District — 288 (BP -288) zoning district. is hereby granted a Conditional Use Permit
to allow for a hotel/motel use. subject to all requirements of the BP -288 zoning district,
and the site plan and exhibits attached hereto and made a part hereof for all purposes
as Exhibit "E", in accordance with all conditions and requirements of the current 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 14.286 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, Texas and being that same tract of land
conveyed to Nova Strategic Solutions Ltd., as described in deed recorded under
County Clerk's File #Z357162 of the real property records of Harris County,
Texas.
Page 2 of 13
Ord. No CUP 2016-04
General Location: SH 288, north of 1111 Freeway 288, Pearland, TX.
Condition of approval:
The unused driveways approaches from the frontage road will be removed.
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 for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the amendment 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 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.
2016.
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of Septemer,
Page 3 of 13
Ord. No CUP 2016-04
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 19th day of September , 2016.
ATTEST:
RFING,
SE ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Ya,
TOM REID
MAYOR
Page 4 of 13
Ord. No CUP 2016-04
Exhibit A
Legal Description
Being 14.286 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, Texas and
being that same tract of land conveyed to Nova Strategic Solutions Ltd., as described in
deed recorded under County Clerk's File #Z357162 of the real property records of
Harris County, Texas.
Page 5 of 13
Ord. No CUP 2016-04
Exhibit B
Vicinity Map
Exhibit 1
AERIAL. MAP
CUP 2016-05
SH 288 near
Beltway 8
Iam•N7him
ruavhnr flu
rLOSING b1rU1Y
Page 6 of 13
Ord. No CUP 2016-04
Ordinance No. CUP 2016-05
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said County and State.
Buzz Crainer. Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal,
a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly
sworn, states under oath that the report of CUP #2016-05 a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of March 10, 2016.
-`1
�L�Ct�Ct�
ublisher's Representative
Sworn to a subscribed before r this /s' day of Ma/fel, , 2016.
Notary Public
My commission expires on /— /c9 – 2-o 2,0
LUCILLE GUERRA
f-__ Notary Public. State of Texas
- My Commission Expires
;° January 18, 2020
Legal Notices
Legal Notices
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 APPLICATION NUMBER:
2016-05
Notice is hereby given that on March 28, 2016 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 Council Cham-
bers of City Hall, located at 3519 Liberty Drive, Pearland, Tex-
as, at the request of Nirmal Gandhi, applicant; on behalf of
Ajay and Madhu Jain Living Trust, owner; for approval of a
Conditional Use Permit (CUP) to allow for a Hotel/Motel in
the Business Park District — 288 (BP -288) zoning district; on
approximately 3.653 acre portion of land out of 14.286 acres
of land, to wit:
Being 14.286 acres of land out of Lots 6 and 7 of a subdivi-
sion 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,
Texas and being that same tract of land conveyed to Nova
Strategic Solutions Ltd., as described in deed recorded under
County Clerk's File #Z357162 of the real property records of
Harris County, Texas.
General Location: SH 288, north of 1111 Freeway 288,
Pearland, TX.
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For ad-
ditional information, please contact the Planning Department
at 281-652-1765.
Frankie Legaux
City Planner
Legal Notices
111
Legal Notices
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 APPLICATION NUMBER:
2016-05
Notice is hereby given that on March 28, 2016 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 Council Cham-
bers of City Hall, located at 3519 Liberty Drive, Pearland, Tex-
as, at the request of Nirmal Gandhi, applicant; on behalf of
Ajay and Madhu Jain Living Trust, owner; for approval of a
Conditional Use Permit (CUP) to allow for a Hotel/Motel in
the Business Park District — 288 (BP -288) zoning district; on
approximately 3.653 acre portion of land out of 14.286 acres
of land, to wit:
Being 14.286 acres of land out of Lots 6 and 7 of a subdivi-
sion 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,
Texas and being that same tract of land conveyed to Nova
Strategic Solutions Ltd., as described in deed recorded under
County Clerk's File #Z357162 of the real property records of
Harris County, Texas.
General Location: SH 288, north of 1111 Freeway 288,
Pearland, TX.
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For ad-
ditional information, please contact the Planning Department
at 281-652-1765.
Frankie Legaux
City Planner
Exhibit C
Legal Ad
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 APPLICATION NUMBER:
2016-05
Notice is hereby given that on March 28, 2016 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 Council Cham-
bers of City Hall. located at 3519 Liberty Drive, Pearland, Tex-
as, at the request of Nirmal Gandhi, applicant; on behalf of
Ajay and Madhu Jain Living Trust, owner; for approval of a
Conditional Use Permit (CUP) to allow for a Hotel/Motel in
the Business Park District — 288 (BP -288) zoning district; on
approximately 3.653 acre portion of land out of 14.286 acres
of land, to wit:
Being 14.286 acres of land out of Lots 6 and 7 of a subdivi-
sion 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.
Texas and being that same tract of land conveyed to Nova
Strategic Solutions Ltd., as described in deed recorded under
County Clerk's File #Z357162 of the real property records of
Harris County, Texas.
General Location: SH 288. north of 1111 Freeway 288,
Pearland, TX.
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For ad-
ditional information, please contact the Planning Department
at 281-652-1765.
Frankie Legaux
City Planner
Page 7 of 13
Ord. No CUP 2016-04
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
August 2, 2016
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application 2016-05
Honorable Mayor and City Council Members:
At their regular meeting on August 1. 2016, the Planning and Zoning Commission considered
the following:
A request of Nirmal Gandhi, applicant; on behalf of Ajay and Madhu Jain Living
Trust, owner; for approval of a Conditional Use Permit (CUP) to allow for a
Hotel/Motel in the Business Park District — 288 (BP -288) zoning district; on
approximately 3.653 acre portion of land out of 14.286 acres of land, to wit:
Legal Description: Being 14.286 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, Texas and being that same tract of land conveyed to Nova
Strategic Solutions Ltd., as described in deed recorded under County Clerk's File
#Z357162 of the real property records of Harris County, Texas.
General Location: SH 288, north of 1111 Freeway 288, Pearland, TX.
At the regular meeting of the P&Z Commission on August 1, 2016, P&Z Vice -Chair
Duncan made a motion to recommend approval of Conditional Use Application No.
2016-05, Commissioner Starr seconded the motion with condition that the unused
driveways approaches from the frontage road will be removed. The motion passed by a
vote of 5-1. Commissioner McFadden voted against the motion and Chairman Tunstall,
Vice -Chair Duncan and Commissioners Pradia, Starr, and Selsky all voted in favor of
the motion.
Page 8 of 13
Ord. No CUP 2016-04
Sincerely.
Frankie Legaux
City Planner
On behalf of the Planning and Zoning Commission
Page 9 of 13
Ord. No CUP 2016-04
Exhibit E
SITE PLAN AND ATTACHMENTS
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Page 10 of 13
Ord. No CUP 2016-04
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Ord. No CUP 2016-04
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Ord. No CUP 2016-04
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Page 13 of 13
Ord. No CUP 2016-04
JOINT PUBLIC HEARING
THE CITY COUNCIL CITY AND THE PLANNING AND ZONING COMMISSION OF
THE CITY OF PEARLAND, TEXAS,
MONDAY, MARCH 28, 2016, AT 6:30 P.M.
COUNCIL CHAMBERS - CITY HALL -3519 LIBERTY DRIVE
I. CALL TO ORDER
II. PURPOSE OF HEARING
Conditional Use Application No. 2016-05
A request of Nirmal Gandhi, applicant: on behalf of Ajay and Madhu Jain Living Trust,
owner: for approval of a Conditional Use Permit (CUP) to allow for a Hotel/Motel in the
Business Park District — 288 (BP -288) zoning district: on approximately 3.653 acre
portion of land out of 14.286 acres of land, to wit:
Legal Description: Being 14.286 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, Texas and being that same tract of land conveyed to Nova Strategic Solutions
Ltd., as described in deed recorded under County Clerk's File #Z357162 of the real
property records of Harris County, Texas.
General Location: East side of SH 288 Frontage Road, north of Holiday Inn Express,
Pearland, TX.
III. APPLICATION INFORMATION AND CASE SUMMARY
A. STAFF REPORT
B. APPLICANT PRESENTATION
C. STAFF WRAP UP
IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
VI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing, City Secretary, at 281-652-1655 prior to the meeting so that appropriate
arrangements can be made.
Page 1 of 1 — 3/28/2016