R2021-CUP21-00037 2022-02-14_FAILED FAILED - February 14, 2022
RESOLUTION R2021- CUP21-00037
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 a lease space within an existing building, on
approximately 0.4784 acres of land; being described as Tracts I & II in Tract
"C" of a Subdivision of Section No. 1, A.C.H. & B.R.R. Co. Survey, Abstract
No. 147 of Brazoria County, Texas (located at 3526 Broadway Street,
Pearland, Texas). Conditional Use Permit Application No CUP21-00037, for
Massage Establishment use within the General Business (GB) District, at the
request of Lumin Mills, 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, Lumin Mills, applicant, on behalf of KDTC Investments LLC, owner, is
requesting approval of a Conditional Use Permit (CUP) for Massage Establishment use
within the General Business (GB) District, on approximately 0.4784 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 3rd day of January 2022, 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 Lumin Mills, applicant, on behalf of KDTC
Investments LLC, owner, for approval of a Conditional Use Permit (CUP) for Massage
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RES. No. R2021-CUP21-00037
Establishment use within the General Business (GB) District; presented which, in the
judgment of the Planning and Zoning Commission have provided input and discussion;
and
WHEREAS, on the 24th 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 Lumin Mills, applicant, on behalf
of KDTC Investments LLC, 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: Being Tracts I & II in Tract "C" of a Subdivision of
Section No. 1, A.C.H. & B.R.R. Co. Survey, Abstract No. 147 of Brazoria
County, Texas.
General Location: 3526 Broadway 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
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RES. No. R2021-CUP21-00037
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.
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RES. No. R2021-CUP21-00037
PASSED, APPROVED, and ADOPTED on this day, the 24th day of January 2022.
J. KEVIN COLE
MAYOR
ATTEST:
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
DARRIN M. COKER
CITY ATTORNEY
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RES. No. R2021-CUP21-00037
Exhibit A
Legal Description
Being Tracts I & II in Tract "C" of a Subdivision of Section No. 1, A.C.H. & B.R.R. Co.
Survey, Abstract No. 147 of Brazoria County, Texas.
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RES. No. R2021-CUP21-00037
Exhibit B
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RES. No. R2021-CUP21-00037
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 PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commission of the City
of Pearland will hold a public hearing on Monday, January 3, 2022, at 6:30
p.m.; and that the City Council of the City of Pearland will hold a public
hearing and resolution adoption on Monday, January 24, 2022, at 6:30 p.m.,
regarding:
Conditional Use Permit Application: CUP 21-00037
A request by Lumin Mills, applicant, on behalf of KDTC Investments LLC,
owner, for approval of a Conditional Use Permit (CUP) for Massage
Establishment use within the General Business (GB) District, to
accommodate a full body massage establishment within the existing building
on the subject property, on approximately 0.4784 acres of land, to wit:
Legal Description: Being Tracts I & II in Tract "C" of a Subdivision of Section
No. 1, A.C.H. & B.R.R. Co. Survey, Abstract No. 147 of Brazoria County,
Texas.
General Location: 3526 Broadway Street, Pearland, Texas.
Summary: The applicant seeks permission to provide full body massage
within a 1,000-square foot lease space within the existing building at the
subject property.
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber of Pearland City Hall
3519 Liberty Drive, Pearland,Texas
You are receiving this notice because appraisal district records indicate that
you own properly within 200 feet of the subject properly 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 your have comments, please
feel free to email them to sllowe(rigieartandtx,qov 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.øuailandtx ov/uubirir hearinus
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RES. No. R2021-CUP21-00037