R2022-CUP22-22 2022-10-10RESOLUTION R2022- CUP22-22
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 Commercial (GC) District, on approximately 1.771 acres of land,
being described as 1.771-acre tract in the Perry & Austin League, Abstract No.
111, Brazoria County, Texas, said 1.771-acre tract is part of Lots 8, 9 and 10
in the George W. Jenkins Subdivision as recorded in Volume 2, Page 20 in
the Brazoria County Plat Records and is further described as being the
remainder of a 2.8472-acre tract described in a deed to Barnett Drywall &
Supply, Inc. as recorded in Volume 1384, Page 969 in the Brazoria County
Deed Records (located at 1331 E. Broadway Street, Pearland, TX).
Conditional Use Permit Application No CUP22-22, Massage Establishment
use within the General Commercial (GC) District, at the request of Haley
Frentz, Riot Salon LLC, applicant, on behalf of Danny Newberry representing
VIG Pearland LLC, owner, containing a savings clause, a severability clause,
and an effective date and other provisions related to the subject.
WHEREAS, Haley Frentz, Riot Salon LLC, applicant, on behalf of Danny Newberry
representing VIG Pearland LLC, owner, are requesting approval of a Conditional Use
Permit (CUP) for Massage Establishment use within the General Commercial (GC)
District, on approximately 1.771 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 19th day of September 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,
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finds that in the case of the application of Haley Frentz, Riot Salon LLC, applicant, on
behalf of Danny Newberry representing VIG Pearland LLC, owner, for approval of a
Conditional Use Permit (CUP) for Massage Establishment use within the General
Commercial (GC) District; presented which, in the judgment of the Planning and Zoning
Commission have provided input and discussion; and
WHEREAS, on the 10th day of October 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 Haley Frentz, Riot Salon LLC,
applicant, on behalf of Danny Newberry representing VIG Pearland LLC, owner, for
approval of a Conditional Use Permit (CUP) for Massage Establishment use within the
General Commercial (GC) 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
Commercial (GC) 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: 1.771-acre tract in the Perry & Austin League, Abstract
No. 111, Brazoria County, Texas, said 1.771-acre tract is part of Lots 8, 9
and 10 in the George W. Jenkins Subdivision as recorded in Volume 2,
Page 20 in the Brazoria County Plat Records and is further described as
being the remainder of a 2.8472-acre tract described in a deed to Barnett
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Drywall & Supply, Inc. as recorded in Volume 1384, Page 969 in the
Brazoria County Deed Records.
General Location: 1331 E. Broadway Street, 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.
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PASSED, APPROVED, and ADOPTED on this day, the 10th day of October 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
_______________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
1.771-acre tract in the Perry & Austin League, Abstract No. 111, Brazoria County, Texas,
said 1.771-acre tract is part of Lots 8, 9 and 10 in the George W. Jenkins Subdivision as
recorded in Volume 2, Page 20 in the Brazoria County Plat Records and is further
described as being the remainder of a 2.8472-acre tract described in a deed to Barnett
Drywall & Supply, Inc. as recorded in Volume 1384, Page 969 in the Brazoria County
Deed Records.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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