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R2018-CUP18-00006 2018-05-21RESOLUTION R2018- CUP18-00006 A resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for studio — tattoo or body piercing (microblading) located in the Planned Development (Pearland Town Center) (PD) zoning district, Lot "23" being a parcel of land containing 45.6077 acres out of a description of 142.9664 acres (6,227,617 square feet) of land out of Pearland Town Center, a subdivision of 143.6500 acres as recorded under File Number 2007008914 of the Plat Records of Brazoria County, Texas, and situated in the H.T. & B.R.R. Co. Survey, Abstract 300, Section 81, Brazoria County, Texas (11200 Broadway #1410, Pearland, TX) Conditional Use Permit Application No CUP18-00006, within the Planned Development (Pearland Town Center) (PD) zoning district, at the request of Tomeka McLeod, applicant, on behalf of Pearland Town Center Limited Partnership, represented by Teir Allender, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Tomeka McLeod, applicant, on behalf of Pearland Town Center Limited Partnership, represented by Teir Allender, owner; is requesting approval of a Conditional Use Permit (CUP) for tattoo ( Microblading) use on approximately 45.6077 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 Tomeka McLeod, applicant, on behalf of Pearland Town Center Limited Partnership, represented by Teir Allender, owner for approval of a Conditional Use Permit on approximately 45.6077 acres of land to allow a studio — tattoo or body piercing (microblading) 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 Planned Development (PD — Pearland Town Center) zoning district, is hereby granted a Conditional Use Permit (CUP) to allow a studio — tattoo or body piercing (microblading) use, subject to all requirements of the PD 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 "23" being a parcel of land containing 45.6077 acres out of a description of 142.9664 acres (6,227,617 square feet) of land out of Pearland Town Center, a subdivision of 143.6500 acres as recorded under File Number 2007008914 of the Plat Records of Brazoria County, Texas, and situated in the H.T. & B.R.R. Co. Survey, Abstract 300, Section 81, Brazoria County, Texas General Location: Within the Salons by JC Pearland Town Center 11200 Broadway Street #1410, Pearland, TX. Condition: The only approved use is microblading. No other uses, such as tattoo or body piercing, are approved with this CUP. 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 21St of May, 2018. TOM REID MAYOR ATTEST . . ........... Y)NGLpyk'4G, T C (4TY SETARY DARRIN M. COKER CITY ATTORNEY Exhibit A Legal Description Lot "23" being a parcel of land containing 45.6077 acres out of a description of 142.9664 acres (6,227,617 square feet) of land out of Pearland Town Center, a subdivision of 143.6500 acres as recorded under File Number 2007008914 of the Plat Records of Brazoria County, Texas, and situated in the H.T. & B.R.R. Co. Survey, Abstract 300, Section 81, Brazoria County, Texas. Exhibit B Vicinity Map = -,� z Q fJ PVp z �. a r m f A doe. rot rcprtrnl .n vn-Ih, e—d .—,, and rD PUD 4 COMMONS{ pF2 Puo 00 KIRBY 1 APRII, 2016 j. rA I+r X z D0 ZD 00 � < a } z CD ftm Y z PUD i r m f A doe. rot rcprtrnl .n vn-Ih, e—d .—,, and rD PUD RE Ge /LA b— RE R� R-2 RE RE e 1r O », HARRLS.aYI�. H 2 I . GRIMES AVS- -yam n: . z BP -288 i9 BP -288 Exhibit 1 Zoning and Aerial Map 11200 Broadway Street Suite 1410 CUP 18-00006 Legend mSubject Property �i 11 { Thi, P.edu t .. fvr inf—lio..I Pu. —, end r e mrt have N— P- dfur or be—bl, f (rkY.l. eapnecnnR. or .uner�ns P�wo�•11 doe. rot rcprtrnl .n vn-Ih, e—d .—,, and ftp—mly Ih, ePp—i— n-lnlire 1"""' 4 Plop , bounden,.. 4 t inch - 697 feel 1 1 APRII, 2016 j. PLANNING DRPARTMRNT I+r Exhibit C Online Notification NOTICE OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 18-00006 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 Tomeka McLeod, applicant, on behalf of Pearland Town Center Limited Partnership, represented by Teir Allender, owner; for approval of a Conditional Use Permit (CUP) to allow for studio — tattoo or body piercing (microblading) located in the Planned Development (Pearland Town Center) (PD) zoning district; on approximately 45.6077 acres of land, to wit: Lot '23" being a parcel of land containing 45.6077 acres out of a description of 142.9664 acres (6,227,617 square feet) of land out of Pearland Town Center, a subdivision of 143.6500 acres as recorded under File Number 2007008914 of the Plat Records of Brazoria County, Texas, and situated in the H.T_ & B.R.R. Co. Survey, Abstract 300, Section 81, Brazoria County, Texas.. General Location: Within the Salons by JC Pearland Town Center 11200 Broadway Street #1410, 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