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
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Exhibit 1
Zoning and Aerial Map
11200 Broadway Street
Suite 1410
CUP 18-00006
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PLANNING DRPARTMRNT
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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