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R2019-CUP19-00028 2019-02-17RESOLUTION R2019- CUP19-00028 A resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a massage establishment in the Pearland Town Center Planned Unit Development district. Being all of Lot 23, Block 1 of the Pearland Town Center, a subdivision in the City of Pearland, Brazoria County, Texas, as recorded in the County Clerk's File No. 2007008914 in the Official Public Records of Brazoria County, Texas. (11200 Broadway Suite 370, Pearland, TX). Conditional Use Permit Application No CUP19-00028, within the Pearland Town Center Planned Unit Development (PUD) district., at the request of Bingji Liu, applicant, on behalf of Pearland Town Center LP, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Bingji Liu, applicant, on behalf of Pearland Town Center LP, owner, is requesting approval of a Conditional Use Permit (CUP) to allow a massage establishment in a leased space within the Pearland Town Center Planned Development; 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 17th of February, 2020, 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 Bingji Liu, applicant, on behalf of Pearland Town Center LP, owner, for approval of a Conditional Use Permit to allow a massage establishment in a leased space within the Pearland Town Center Planned Development; 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 Pearland Town Center Planned Development, is hereby granted a Conditional Use Permit (CUP) for a massage establishment, subject to all requirements of the Pearland Town Center Planned Development 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: Lot 23, Bock 1 of the Pearland Town Center, a subdivision in the City of Pearland, Brazoria County, Texas, as recorded in the County Clerk's File No. 2007008914 in the Official Public Records of Brazoria County, Texas. General Location: 11200 Broadway Suite 370, Pearland, TX. r.nnr1itinnc- 1. All doors of the suite shall remain unlocked from the interior of all rooms at all times. 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 17th of February 2020. TOM REID MAYOR ATTES . CR L ROAN, T MC ITY SECRETARY DARRIN M. COKER CITY ATTORNEY _`aaapll►HI!ewl as �O N. U Exhibit A Legal Description Lot 23, Block 1 of the Pearland Town Center, a subdivision in the City of Pearland, Brazoria County, Texas, as recorded in the County Clerk's File No. 2007008914 in the Official Public Records of Brazoria County, Texas. 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 19-00028 A request by Bingji Liu, applicant, on behalf of Pearland Town Center LP, owner, for approval of a Conditional Use Permit (CUP) to allow a massage establishment in a leased space within the Pearland Town Center Planned Development, on approximately 45.75 acres of land; to wit: Legal Description: Lot 23, Block 1 of the Pearland Town Center, a subdivision in the City of Pearland, Brazoria County, Texas, as recorded in the County Clerk's File No. 2007008914 in the Official Public Records of Brazoria County, Texas. General Location: 11200 Broadway Street, Suite 370, Pearland, TX. Summary: The applicant proposes to open a massage establishment in approximately 1,200 square feet leased space in the Pearland Town Center. 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, February 17, 2020 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 agonzales(cD_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.