HomeMy WebLinkAboutR2023-CUP23-17 2023-11-13RESOLUTION R2023- CUP23-17
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Barber School use, within the General
Business (GB) District, to accommodate a barber school, on approximately
1.8969 acres of land, being described as Unrestricted Reserve 1, in Block 1,
Final Plat of Country Place Plaza, a subdivision in Brazoria County, Texas,
according to the map or plat thereof, recorded in Volume 24, Page 215 of the
Plat Records of Brazoria County, Texas (located 1801 Country Place
Parkway Suite 115, Pearland, TX). Conditional Use Permit Application No
CUP23-17, for Barber School use, within the General Business (GB) District,
at the request of Reji Samuel, applicant, on behalf of ROL-EMI Ventures,
LLC., owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, Reji Samuel, applicant, on behalf of ROL-EMI Ventures, LLC., owner,
is requesting approval of a Conditional Use Permit (CUP) for Barber School use within
the General Business (GB) District, on approximately 1.8969 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 16th day of October 2023, 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 reviewed all the
information provided and heard the testimony of all those who wished to speak has
provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
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WHEREAS, on the 13th day of November 2023, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Reji Samuel, applicant, on behalf of ROL-EMI Ventures, LLC. , owner, is requesting
approval of a Conditional Use Permit (CUP) for Barber School 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 Barber
School 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: Unrestricted Reserve 1, in Block 1, Final Plat of Country Place
Plaza, a subdivision in Brazoria County, Texas, according to the map or plat
thereof, recorded in Volume 24, Page 215 of the Plat Records of Brazoria County,
Texas.
General Location: 1801 Country Place Parkway Suite 115, 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.
PASSED, APPROVED, and ADOPTED on this day, the 13th day of November 2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
_______________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Unrestricted Reserve 1, in Block 1, Final Plat of Country Place Plaza, a subdivision in
Brazoria County, Texas, according to the map or plat thereof, recorded in Volume 24,
Page 215 of the Plat Records of Brazoria County, Texas.
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Exhibit "B"
Vicinity Map
VnirRaed Or be .14110
rx,. li Goro
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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, October 16, 2023, 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, November 13, 2023, at 6:30
p.m., regarding:
Conditional Use Permit Application: CUP 23-17
A request by Reji Samuel, applicant, on behalf of ROL-EMI Ventures, LLC.,
owner, for approval of a Conditional Use Permit (CUP) for a Barber School
within the General Business (GB) District, on approximately 1.8969 acres of
land, to wit:
Legal Description: Unrestricted Reserve 1, in Block 1, Final Plat of Country
Place Plaza, a subdivision in Brazoria County, Texas, according to the map or
plat thereof, recorded in Volume 24, Page 215 of the Plat Records of Brazoria
County, Texas.
General Location: 1801 Country Place Parkway Suite 115, Pearland, TX.
Summary: The applicant intends to open a barber school within an
approximately 1,800 square foot lease space.
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 sloweC pearlandtx.gov 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.bearlandtx.gov/public-hearings.
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Exhibit "O"
Recommendation Letter with Input and Discussion
Planning & Zoning Commission
Recommendation Letter with Input and Discussion
October 17, 2023
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 23-17
Honorable Mayor and City Council Members:
At their regular meeting on October 16, 2023, the Planning and Zoning Commission considered
the following:
Request: Unrestricted Reserve 1, in Block 1, Final Plat of Country Place Plaza, a
subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in
Volume 24, Page 215 of the Plat Records of Brazoria County, Texas.
General Location: 1801 Country Place Parkway Suite 115, Pearland, TX.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on October 16, 2023. The applicant was present during the meeting and
was available to answer questions. There were no speakers from the public for or against the
request. The Commission discussed the requested CUP and Commissioner Fuertes stated he
believes the use will fit with the character of the area.
After discussion, the Commission took a motion to recommend approval of the CUP for the Barber
School and the motion passed by a vote of 5-0. The vote by the Commission constitutes
a positive recommendation for Council.
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Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
CUP 23-17 (Barber School)
Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the CUP
application conforms to all the criteria of the UDC for approval. Staff recommends approval.
Business Owner, Edward Carter at 1801 Country Place Parkway, Suite 115, Pearland, Texas
77584, was in attendance in -person in Council Chambers to answer any questions for the P&Z
Commission.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Fuertes stated that he does frequent that shopping center often and thinks that
this use will fit in with the character of the area. He stated that he would be in favor of this CUP
application. Vice Chairperson Henrichs, Commissioner Dansby and Commissioner Kuhn stated
that they would be in favor of this CUP application.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the items on Consideration and Possible Action —
Conditional Use Permit Application: CUP 23-17. Commissioner Fuertes made the motion to
approve, Commissioner Dansby seconded the motion.
Motion passed 5-0.
Sincerely,
nrvIN- 4*
Martin Griggs, AICP, CNU-A
Assistant Director, Community Development
On behalf of the Planning and Zoning Commission