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Home My WebLink AboutR2022-CUP22-23 2022-11-07RESOLUTION R2022- CUP22-23 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Gym/Health Club use within the Neighborhood Service (NS) District, on approximately 5.044 acres of land, being 5.044-acre tract of land, being the remainder of Tract “A”, of the Final Plat of West Side Plaza, a subdivision in the City of Pearland according to the Plat and Map recorded in Volume 17, Pages 259-260 in the Plat or Map Records of Brazoria County, Texas (located at 5060-5070 Broadway Street). Conditional Use Permit Application No CUP22-23, for Gym/Health Club use within the Neighborhood Service (NS) District, at the request of Westside SC Pearland LTD., applicant, and owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Westside SC Pearland LTD., applicant, and owner, are requesting approval of a Conditional Use Permit (CUP) for Gym/Health Club use within the Neighborhood Service (NS) District, on approximately 5.044 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 17th day of October 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 Westside SC Pearland LTD., applicant, and owner, for approval of a Conditional Use Permit (CUP) for Gym/Health Club use within DocuSign Envelope ID: 756B33E6-B414-4285-9C70-8E8CFDE5D40A the Neighborhood Service (NS) District; presented which, in the judgment of the Planning and Zoning Commission have provided input and discussion; and WHEREAS, on the 7th day of November 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 Westside SC Pearland LTD., applicant, and owner, for approval of a Conditional Use Permit (CUP) for Gym/Health Club use within the Neighborhood Service (NS) 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 Neighborhood Service (NS) District, is hereby granted a Conditional Use Permit (CUP) for Gym/Health Club 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: 5.044-acre tract of land, being the remainder of Tract “A”, of the Final Plat of West Side Plaza, a subdivision in the City of Pearland according to the Plat and Map recorded in Volume 17, Pages 259-260 in the Plat or Map Records of Brazoria County, Texas. General Location: 5060-5070 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 DocuSign Envelope ID: 756B33E6-B414-4285-9C70-8E8CFDE5D40A 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: 756B33E6-B414-4285-9C70-8E8CFDE5D40A PASSED, APPROVED, and ADOPTED on this day, the 7th day of November 2022. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 756B33E6-B414-4285-9C70-8E8CFDE5D40A DocuSign Envelope ID: 756B33E6-B414-4285-9C70-8E8CFDE5D40A Exhibit "A" Legal Description 5.044 -acre tract of land, being the remainder of Tract "A", of the Final Plat of West Side Plaza, a subdivision in the City of Pearland according to the Plat and Map recorded in Volume 17, Pages 259-260 in the Plat or Map Records of Brazoria County, Texas. DocuSign Envelope ID: 756B33E6-B414-4285-9C70-8E8CFDE5D40A Exhibit "B" Vicinity Map Exhibit 9 Aerial & Zoning Map CUP 22-23 5060-5070 Broadway Street Gym/Health Club in NS Legend Subject Property This product is for informational purposes and may not have been prepared for co be suitable &r I.ga L e nginee ring, or a urveying yrurpo.na_ In does not represent en wahe•grovnd svnoy end rnpreaente only the npproai maw rdbGve lorntion of property baundario. 1 inch = 200 feet COMMUNITY DEV. ]DEPT. OCTOBER roan t DocuSign Envelope ID: 756B33E6-6414-4285-9C70-8E8CFDE5D40A Exhibit "C" Notification CITY OF PEARLAND 3523 Liberty Drive, Pearland, Texas 77581 2$1.652.1765 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 wilt hold a public hearing on Monday, October 17, 2022, at 6:30 p.m.; and that the City Council of the City of Pearland will hold a public hearing and Resolution adoption consideration on Monday, November 7, 2022, at 6:30 p.m., regarding: Conditional Use Permit Application: CUP 22.23 A request by Westside SC Pearland LTD., owner, for approval of a Conditional Use Permit (CUP) for Gym/Health Club use on approximately 5.044 acres of land within the Neighborhood Service (NS) District, to wit: Legal Description: A 5.044 -acre tract of land, being the remainder of Tract 'A", of the Final Plat of West Side Plaza, a subdivision in the City of Pearland according to the Plat and Map recorded in Volume 17, Pages 259-260 in the Plat or Map Records of Brazoria County, Texas. General Location: 5060-5070 Broadway Street, Pearland, TX. Summary: The applicant proposes to operate a gym/health club within a 3,647 -square foot lease space within the existing neighborhood center. THE PUBLIC HEARING WILL BE HELD IN THE Council Chamber of Pearland City Hail 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 slowe(c pearlandtx.00v 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.c ov/public-hearings.