R2022-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
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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
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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 7th day of November 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
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.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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