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R2019-CUP19-00025 2019-12-16 RESOLUTION R2019- CUP19-00025 A resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a foot massage establishment in General Business (GB) zone district. Being Tract II in Tract C of a subdivision of Section No. 1, A.C.H. & B.R.R. Co., Abstract No. 147 of Brazoria County, Texas (Located at 3526 Broadway Street, Pearland, TX). Conditional Use Permit Application No CUP19-00025, within the General Business (GB) District, at the request of Mengjia Zhang, applicant, on behalf of KDTC Investments LLC, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Mengjia Zhang, applicant, on behalf of KDTC Investments LLC„ owner, is requesting approval of a Conditional Use Permit (CUP) to allow a foot massage establishment on a 0.28-acre tract of land located within the General Business (GB) District 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 16th of December, 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 advertised in the premises, finds that in the case of the application of Mengjia Zhang, applicant, on behalf of KDTC Investments LLC, owner, for approval of a Conditional Use Permit to allow a foot massage establishment on a 0.28-acre tract of land; 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 General Business (GB) District, is hereby granted a Conditional Use Permit (CUP) for a foot massage establishment, subject to all requirements of General Business (GB) District, in accordance with all conditions and requirements of the 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 Tract II in Tract C of a subdivision of Section No. 1, A.C.H. & B.R.R. Co., Abstract No. 147 of Brazoria County, Texas General Location: 3526 Broadway Road, 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. 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. PASSED, APPROVED, and ADOPTED on this the 16th of December 2019. V 4 TOM REID 3 4_ MAYOR ATTEST: ��''a��������r��```: i L. MA-IA E. RODRIGUEZ, TR INTERIM CITY SECRETARY DARRIN M. COKER CITY ATTORNEY I 4 Exhibit A Legal Description Being a Tract II in Tract C of a subdivision of Section No. 1, A.C.H. & B.R.R. Co., Abstract No. 147 of Brazoria County, Texas. Exhibit B Vicinity Map • Exhibit 1 1` . 1?i' PACE l0 :''.rw°'"""'F—., R-2 CUP 19-00025 y t * Zoning&Aerial Map 1"441,.r. ; °&x " Twinkle Star Fat GJ ,:.1 Stret 3526 Broadway Stret ':'Tee,. Arkti .- Legend J "'� - _` v., O •e [F=11Subject Property moil- D /tet_ i J O V to a: _" ` / ( -__., iiiidirekkiii 1 t,; ►♦♦ 1OT-MU ti ". , , _ ' b "9. -I, In b Act° nn;,r 6ryenw lwdtr bank i ' . _ . rv1,.m..mh,,,•fio isi mote,,,•flN 1:r Atun ,:.. 6 'y° 1 inch=125 feet / 11� 1K' I �.� t�•— ../_. .n1.91111111 1910111 ♦• I • - ♦ . t OMMUMTY DCYCWI]IrT I} ,.�. 1, 1 �1 v );� -,• t e, Exhibit C Online Notification 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: CUP 19-00025 A request by Mengjia Zhang, applicant, on behalf of KDTC Investments LLC, owner, for approval of a Conditional Use Permit (CUP) to allow a foot massage establishment on approximately 0.28 acres of land within the General Business (GB) District; to wit: Legal Description: Tract II in Tract C of a subdivision of Section No. 1, A.C.H. & B.R.R. Co., Abstract No. 147 of Brazoria County, Texas. General Location: 3526 Broadway Street, Pearland, TX. Summary: The applicant proposes to start a foot massage establishment within a 1,000 square feet lease space within the existing 4,500 square foot multi-tenant retail building. 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, December 16, 2019 You are receiving this notice because appraisal district records indicate that you own property within 200 feet of the subject property identified on the attached map. You are invited to attend the public hearing and voice your support or opposition for the above reference request. If you have comments please feel free to email them to agonzalesna pearlandtx.gov or submit a public comment form using the above application number to reference this case. For more information on this request and your involvement in the hearing process, visit our website at www.pearlandtx.gov/public-hearings.