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R2018-CUP18-00008 2018-05-21RESOLUTION R2018- CUP18-00008 A resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a studio or learning center for fine or performing arts located in the Neighborhood Services (NS) zoning district, Lot "E", in Block "B", of Shadycrest Subdivision, a subdivision in Brazoria County, Texas according to the map or plat thereof recorded in Volume 8, Pages 95-96 of the Plat Records of Brazoria County, Texas. (Located at 2016 Broadway Street, Pearland, TX.) Conditional Use Permit Application No CUP18-00008, within the Neighborhood Services (NS) zoning district, at the request of Silambam Houston, represented by Lavanya Rajagopalan, applicant, on behalf of Dancescape by Joyce, represented by Joyce Beck, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Silambam Houston, represented by Lavanya Rajagopalan, applicant, on behalf of Dancescape by Joyce, represented by Joyce Beck, owner; are requesting approval of a Conditional Use Permit (CUP) to allow for a studio or learning center for fine or performing arts use on approximately 0.2582 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 21st day of May 2018, a Joint Special Meeting was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by online publication on the City website, a copy of which 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, 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 Silambam Houston, represented by Lavanya Rajagopalan, applicant, on behalf of Dancescape by Joyce, represented by Joyce Beck, owner for approval of a Conditional Use Permit on approximately 0.2582 acres of land to allow a studio or learning center for fine or performing arts use; presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT RESOLVED 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 Neighborhood Services (NS) zoning district, is hereby granted a Conditional Use Permit (CUP) to allow a studio or learning center for fine or performing arts use, subject to all requirements of the NS zoning district, 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: Lot "E", in Block "B", of Shadycrest Subdivision, a subdivision in Brazoria County, Texas according to the map or plat thereof recorded in Volume 8, Pages 95-96 of the Plat Records of Brazoria County, Texas. General Location: 2016 Broadway Street, Pearland, TX. 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 Resolution shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on this the 21 st f May, 2018. TOM REID MAYOR ATTEST: 111 41UNG RFIN , TR, ; TY Sp DARRIN M. COKER CITY ATTORNEY Exhibit A Legal Description Lot "E", in Block "B", of Shadycrest Subdivision, a subdivision in Brazoria County, Texas according to the map or plat thereof recorded in Volume 8, Pages 95-96 of the Plat Records of Brazoria County, Texas. Exhibit B Vicinity Map 41. -4, ` tleir ��- �, len>r Exhibit 1 Zoning and Aerial Map 2016 E Broadway Street CUP 18-00008 Legend QSubject Property Thin product u fur infem,a,wnol purpoeex and furnut hnvo — prep red furor 1.- —blo ky�J. m[inrrnnR. or .uncr,nR vmm�+<• It �L,e. ,wI nvrr+.rl nn on-Ihe —d curacy and mpmmur mh Ih.• apvroRlmutr n•Inuve k. Rtion of DrvVrrl)' bvund[nra. 1 inch = 125 feet MAY 2018 PLANNING DrPARTMFNT Exhibit C Online Notification NOTICE OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL 7 THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 18-00008 Notice is hereby given that on May 21, 2018, 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 special meeting in the Council Chambers of City Hall, located at 3519 Liberty Drive; Pearland. Texas, at the request of Silambam Houston; represented by Lavanya Rajagopalan, applicant, on behalf of Dancescape by Joyce, represented by Joyce Beck, owner, for approval of a Conditional Use Permit (CUP) to allow for a studio or learning center for fine or performing arts located in the Neighborhood Services (NS) zoning district; on approximately 0.2582 acres (11;250 square feet) of land, to wit: Lot T", in Block "B",of Shadycrest Subdivision, a subdivision in Brazoria County; Texas according to the map or plat thereof recorded in Volume 8, Pages 95-96 of the Plat Records of Brazoria County, Texas_ General Location: 2016 Broadway Street, Pearland, TX. At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information; please contact the Planning Department at 281-652-1765. Martin Griggs Senior Planner