R2019-CUP-19-00008 2019-05-20 RESOLUTION R2019- CUP19-00008
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a music school in Business
Park-288 (BP-288) zoning district, Lot 3, Block 1, Medical Resort at
Pearland, an addition in the City of Pearland, Brazoria County, Texas,
according to the Plat recorded in File No. 2015027678 in the Plat Records of
Brazoria County, Texas. (Located at 3422 Business Center Drive,
Pearland, TX.) Conditional Use Permit Application No CUP 19-00008, within
the Business Park-288 (BP-288) zoning district, at the request of Trevor
Luthy, applicant, on behalf of Southfork Centre Partners, LTD, owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Trevor Luthy, applicant, on behalf of Southfork Centre Partners,
LTD, owner, is requesting for approval of a Conditional Use Permit (CUP) to allow a
music school on 2.0348 acres tract 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 20th day of May 2019, 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 Trevor Luthy, applicant, on behalf of Southfork Centre Partners,
LTD, owner, for approval of a Conditional Use Permit on approximately 2.0348 acres of
land to allow a music school; 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 Business
Park (BP-288) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow a music school, subject to all requirements of the Business Park-288 (BP-288)
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 3, Block 1, Medical Resort at Pearland, an addition in the
City of Pearland, Brazoria County, Texas, according to the Plat recorded in File
No. 2015027678 in the Plat Records of Brazoria County, Texas.
General Location: 3422 Business Center Drive, Suite 122, 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 and to City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the Resolution adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers. •
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R2019 — CUP19-00008
Section IV. If any section, subsection, sentence, clause, phrase, or portion of
this Resolution 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 Resolution-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 first and final reading.
PASSED, APPROVED, and ADOPTED on this the 20th day of May, 2019.
7P-44--e0
TOM REID
MAYOR
ATTEST:
ONG ��ftFIN/ ' C �`: �N' .'•
JUNG
S RETA-Y '
r
DARRIN M. COKER
CITY ATTORNEY
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R2019 — CUP19-00008
Exhibit A
Legal Description
Lot 3, Block 1, Medical Resort at Pearland, an addition in the City of Pearland,
Brazoria County, Texas, according to the Plat recorded in File No. 2015027678
in the Plat Records of Brazoria County, Texas.
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R2019 — CUP19-00008
Exhibit C
Online Notification
CITY OF PEARLAND
3523 Liberty Drive, Pearland, Texas 77581
281.652.1765 FAX:281.652-1702 www.pearlandtx.gov
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, REGARDING:
Conditional Use Permit Application No. CUP 19-00008
A request by Trevor Luthy, applicant, on behalf of Southfork Centre
Partners, LTD, owner, for approval of a Conditional Use Permit (CUP) to
allow a music school on 2.0348 acres tract of land located within the
Business Park District-288 (BP-288).
Legal Description: Lot 3, Block 1, Medical Resort at Pearland, an
addition in the City of Pearland, Brazoria County, Texas, according to the
Plat recorded in File No. 2015027678 in the Plat Records of Brazoria
County,Texas.
General Location: 3422 Business Center Drive, Suite 122, Pearland, TX.
Summary: The applicant proposes to locate a music school within a
2,700-square foot lease space inside the new multitenant building on the
subject property. A music school is classified under Studio or Learning
Center for Fine or Performing Ms, which is defined by the Unified
Development Code as an establishment that allows for the tutoring of
individuals in a variety of functions. Examples include martial arts studio,
dance or drama studio or tutoring center and learning centers.
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber at City Hall
LOCATED AT
3519 Liberty Drive, Pearland, Texas
At 6:30 P.M.. Monday, May 20,2019
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R2019 — CUP 19-00008
Exhibit B
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R2019 — CUP19-00008