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Home My WebLink AboutR2022-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, DocuSign Envelope ID: 09D6CE43-B711-4E8A-99F5-6A28F8C675B1 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 DocuSign Envelope ID: 09D6CE43-B711-4E8A-99F5-6A28F8C675B1 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. DocuSign Envelope ID: 09D6CE43-B711-4E8A-99F5-6A28F8C675B1 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 DocuSign Envelope ID: 09D6CE43-B711-4E8A-99F5-6A28F8C675B1 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. DocuSign Envelope ID: 09D6CE43-B711-4E8A-99F5-6A28F8C675B1 DocuSign Envelope ID: 09D6CE43-B711-4E8A-99F5-6A28F8C675B1 Exhibit "B" Vicinity Map 2., 2i0B 1 , ... w .IVO SST tF. t wm G(,w. -."' 70013. :aim h •.. i' ° P Exhibit i Aerial & Zoning Map -,6 • CUP 22-22 7.`a o ; .r• � r•. 6�' • �y, F� . •ma 6 `py �.' "°tip 1331 Broadway Street Ste K Massage in GC :; ar I. 1902 GC -1. • re.w /1.5..y s•.41' ; 'r1 reo R Legend r- _ j Subject Property . #`IJ ' 1 r f l3 pia O 44 ;Yy. / ,p(" l ��S. yrK�•�/ r 0(;��d `�% y ` ..A'.-..._ I - - r f. r 4 ti • '¢ y . .� .f /// •S. A / .. + •.,.+ 1 _� ' �: • .. - s _ PU6 . 'rho may Per lege!• Ikea r.mraenxs 0,0doeea d euitabh b y,,,�� locr rim £ in product ieformntianel pury not have been prepared for or be en girreenng, or survey iog papas. nut tan on•he. ad.w.e reyre,en you only the npmvximete relntiva o(prepertyboundaries. OQ i.4I',....r. p .. Id fi�t q.. �•, AU :Y"I`,1 . 1 m, -. `4 ,. •t e' sc4 y .[.. —p.: 1 inch n 250 feet COMM, i; s i r ti Ill ,. i, i r AUGUST 2022 DocuSign Envelope ID: 09D6CE43-B711-4E8A-99F5-6A28F8C675B1 Exhibit "C" 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, September 19, 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, October 10, 2022, at 6:30 p.m., regarding: Conditional Use Permit Application: CUP 22-22 A request by 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 on approximately 1.771 acres of land located within the General Commercial (GC) District, to wit: 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. General Location: 1331 E. Broadway Street, Pearland, TX. Summary: Applicant intends to provide full -body massage within the subject existing 1,720 -square foot beauty salon, 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 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 slowefc pearlandtx.aov 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.aovlqublic-hearings.