R2021-CUP21-00035 2022-01-10
RESOLUTION R2021- CUP21-00035
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Massage Establishment use within the
General Business (GB) District, to accommodate a full body massage
establishment within an existing beauty salon, on approximately 0.39 acres of
land; being described as Lot 1, Block 1 of Minor Plat of Turner’s Corner, an
addition within the City of Pearland, Brazoria County, Texas according to the
plat recorded in County Clerk’s File No. 2013010156 in the Plat records of
Brazoria County, Texas (located at 3054 Cullen Parkway, Pearland, Texas).
Conditional Use Permit Application No CUP21-00035, for Massage
Establishment use within the General Business (GB) District, at the request of
Lonnie Turner, applicant and owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Lonnie Turner, applicant and owner, is requesting approval of a
Conditional Use Permit (CUP) for Massage Establishment use within the General
Business (GB) District, on approximately 0.39 acres of land; 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 6th day of December 2021, a public hearing was held before
the Planning and Zoning Commission 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 Planning and Zoning commission 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 Lonnie Turner, applicant and owner, for approval
of a Conditional Use Permit (CUP) for Massage Establishment use within the General
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Business (GB) District; presented which, in the judgment of the Planning and Zoning
Commission have provided input and discussion; and
WHEREAS, on the 10th day of January 2022, 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 Lonnie Turner, applicant and
owner, for approval of a Conditional Use Permit (CUP) for Massage Establishment use
within the General Business (GB) District; 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 Massage
Establishment use, in accordance with all conditions and requirements of the Unified
Development Code approved by the City Council and incorporated for all purposes, such
property being more particularly described as:
Legal Description: All of Lot 1, Block 1 of Minor Plat of Turner’s Corner,
an addition within the City of Pearland, Brazoria County, Texas according
to the plat recorded in County Clerk’s File No. 2013010156 in the Plat
records of Brazoria County, Texas.
General Location: 3054 Cullen Parkway, 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
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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.
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PASSED, APPROVED, and ADOPTED on this day, the 10th day of January 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
__________________________ DARRIN M. COKER
CITY ATTORNEY
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