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R2024-CUP24-06 2024-03-05RESOLUTION R2024- CUP24-06 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Beauty School use, within the Old Town- General Business (OT-GB) District, to accommodate a beauty school, on approximately 0.1159 acres of land, being the South 67.30 feet of Lots 8, 9, and 10, in Block 18, of Pearland Townsites, an addition to the City of Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41, of the Deed Records of Brazoria County, Texas (located at 2400 South Texas Avenue, Pearland, TX). Conditional Use Permit Application No CUP24-06, for Beauty School use, within the Old Town- General Business (OT-GB) District, at the request of Salicia Grosse, applicant, on behalf of Charolette Mills, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Salicia Grosse, applicant, on behalf of Charolette Mills, owner, is requesting approval of a Conditional Use Permit (CUP) for Beauty School use within the Old Town-General Business (OT-GB) District, on approximately 0.1159 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 February 2024, 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 DocuSign Envelope ID: 6BBBB22C-B6E3-46BE-99BE-7230DB0F89B9 WHEREAS, on the 4th day of March 2024, the City Council having fully heard the testimony and argument of all interested parties finds that in the case of the application of Salicia Grosse, applicant, on behalf of Charolette Mills, owner, is requesting approval of a Conditional Use Permit (CUP) for Beauty School use within the Old Town-General Business (OT-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 Old Town- General Business (OT-GB) District, is hereby granted a Conditional Use Permit (CUP) for Beauty 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: The South 67.30 feet of Lots 8, 9, and 10, in Block 18, of Pearland Townsites, an addition to the City of Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41, of the Deed Records of Brazoria County, Texas. General Location: 2400 South Texas Avenue, 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: 6BBBB22C-B6E3-46BE-99BE-7230DB0F89B9 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: 6BBBB22C-B6E3-46BE-99BE-7230DB0F89B9 PASSED, APPROVED, and ADOPTED on this day, the 4th day of March 2024. ________________________ J. KEVIN COLE MAYOR ATTEST: _______________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 6BBBB22C-B6E3-46BE-99BE-7230DB0F89B9 Exhibit “A” Legal Description The South 67.30 feet of Lots 8, 9, and 10, in Block 18, of Pearland Townsites, an addition to the City of Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41, of the Deed Records of Brazoria County, Texas. DocuSign Envelope ID: 6BBBB22C-B6E3-46BE-99BE-7230DB0F89B9 Exhibit “B” Vicinity Map DocuSign Envelope ID: 6BBBB22C-B6E3-46BE-99BE-7230DB0F89B9 Exhibit “C” Notification DocuSign Envelope ID: 6BBBB22C-B6E3-46BE-99BE-7230DB0F89B9 Exhibit “D” Recommendation Letter with Input and Discussion Recommendation Letter with Input and Discussion February 20, 2024 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Conditional Use Permit Application No. CUP 24-06 Honorable Mayor and City Council Members: At their regular meeting on February 19, 2024, the Planning and Zoning Commission considered the following: Public Hearing: A request by Salicia Grosse, applicant, on behalf of Charolette Mills, owner, for approval of a Conditional Use Permit (CUP) for a Beauty School within the Old Town-General Business (OT-GB) District, on approximately 0.1159 acres of land, to wit: Legal Description: The South 67.30 feet of Lots 8, 9, and 10, in Block 18, of Pearland Townsites, an addition to the City of Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41, of the Deed Records of Brazoria County, Texas. General Location: 2400 South Texas Avenue, Pearland, TX. The Planning and Zoning Commission conducted a public hearing for the proposed CUP request at their regular meeting on February 19, 2024. The applicant was present to answer any questions. There were no speakers from the public for or against the request. The Commission discussed the requirement for the CUP and the proximity to any other beauty schools in Old Town. DocuSign Envelope ID: 6BBBB22C-B6E3-46BE-99BE-7230DB0F89B9 After discussion, the Commission took a motion to recommend approval of the CUP for the Beauty School and the motion passed by a vote of 4-0. The vote by the Commission constitutes a positive recommendation for Council. Excerpts from the Minutes of the Planning & Zoning Commission Meeting: CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION: CUP 24-06 Public Hearing: A request by Salicia Grosse, applicant, on behalf of Charolette Mills, owner, for approval of a Conditional Use Permit (CUP) for a Beauty School within the Old Town-General Business-- (OT-GB) District, on approximately 0.1159 acres of land, to wit:   Legal Description: The South 67.30 feet of Lots 8, 9, and 10, in Block 18, of Pearland Townsites, an addition to the City of Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41, of the Deed Records of Brazoria County, Texas.   General Location: 2400 South Texas Avenue, Pearland, TX. Deputy Director Griggs presented the staff report with exhibits. Deputy Director Griggs stated that the Conditional Use Permit (CUP) is to allow a Beauty School within the Old Town-General Business (OT-GB) District and no public comments for or against the application have been received. Deputy Director Griggs stated that the CUP application meets all criterions of the Unified Development Code (UDC), and staff recommends approval. Applicant, Salicia Grosse at 8321 Broadway, Pearland, Texas 77581 was in attendance in- person in Council Chambers to answer any question for the P&Z Board. Chairperson Isenberg called for public input. There were no persons wishing to speak for or against the proposed request. Commissioner Fuertes asked staff what caused the presence of the request. Deputy Director Griggs stated the OT-GB district requires a CUP application for a Beauty School. Commissioner Fuertes asked staff if there were other Beauty Schools in the area. Deputy Director Griggs was not aware of other Beauty Schools but stated that staff finds the use to be compatible in the district. There was no further discussion from Staff, P&Z Commission or Public input. Chairperson Isenberg read into the record the item on Consideration and Possible Action – Conditional Use Permit Application: CUP24-06. Commissioner Fuertes made the motion to approve the CUP, Commissioner Dugas seconded the motion. Motion passed 4-0. DocuSign Envelope ID: 6BBBB22C-B6E3-46BE-99BE-7230DB0F89B9 Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission DocuSign Envelope ID: 6BBBB22C-B6E3-46BE-99BE-7230DB0F89B9