R2021-CUP21-00010 2021-04-19 RESOLUTION R2021- CUP21-00010
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow Gym/Health Club
(Physical Fitness; Indoors Only) within the Light Industrial (M-1)
District, on approximately 1.13 acres, Being a 1.13-acre tract of land out
of and a part of Lot 1, Block 1, Total Energy Pearland, an addition in the1City
of Pearland, County of Brazoria, according to the plat recorded in County
Clerk's File No. 2014030687 in the Plat Files of Brazoria County, Texas.
(Located at 3222 Main Street, Pearland, Texas). Conditional Use Permit
Application No. CUP21-00010, within the Light Industrial District, at the
request of Kristen McGinn, applicant, on behalf Total Energy Investments
LLC, owner, containing a savings clause, a severability clause, and- an
effective date and other provisions related to the subject.
•
WHEREAS, Kristen McGinn, applicant, on behalf Total Energy Investments LLC,
owner, is requesting approval of a Conditional Use Permit (CUP) to allow an
Gym/Health Club within the Light Industrial (M-1) District, on approximately 1.13 acres
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 19th day of April, 2021, 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 Kristen McGinn, applicant, on behalf Total Energy
Investments LLC, owner, is requesting approval of a Conditional Use Permit (CUP) to
allow an Gym/Health Club within the Light Industrial (M-1) District, on approximately
1.13 acres 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 Light
Industrial (M-1) District, is hereby granted a Conditional Use Permit (CUP) to allow an
Gym/Health Club , subject to all requirements of the Light Industrial (M-1) District and
the Corridor Overlay 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 a 1.13-acre tract of land out of and a part of Lot 1,
Block 1, Total Energy Pearland, an addition in the City of Pearland, County of
Brazoria, according to the plat recorded in County Clerk's File No. 2014030687 in
the Plat Files of Brazoria County, Texas.
General Location: 3222 Main Street, Pearland, Texas.
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.
PASSED, APPROVED, and ADOPTED on this the 19th day of April 2021.
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IN J COLE
MAYOR
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CITY SECRETARY igt ; cJ
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CITY ATTORNEY "��`',,-
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