R2024-CUP24-14 2024-05-20 DocuSign Envelope ID 7CB5CBCF-3E02-4416-924C-2173E43ECBFF
RESOLUTION R2024- CUP24-14
Consideration and Possible Action - Resolution No. R2024-CUP24-14 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Hair Salon use within the Light
Industrial (M-1) District, to accommodate a Hair Salon, on approximately
1 5707 acres of land, being a subdivision of 1 5707 acres of land situated in
the H T &B R R. Company Survey Section 11, Abstract No 238, Brazoria
County, Texas and being out of Tract"C" of Magnolia Industrial Sites, Section
One, as recorded in Volume 18, Pages 153-154 of the Plat Records of
Brazoria County, Texas (located at 3419 Veterans Drive Suite B, Pearland,
TX) Conditional Use Permit Application No CUP24-14, for a Hair Salon use,
within the Light Industrial (M-1) District, at the request of Ruth Abigail Ramos
Martinez, applicant, on behalf of Shane Kurjex, owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Ruth Abigail Ramos Martinez, applicant, on behalf of Shane
Kurjex, owner, is requesting approval of a Conditional Use Permit(CUP) for an Hair Salon
use within the Light Industrial (M-1) District, on approximately 1 5707 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 6th day of May 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
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"D", and
WHEREAS, on the 20th day of May 2024, the City Council having fully heard the
testimony and argument of all interested parties finds that in the case of the application
of Ruth Abigail Ramos Martinez, applicant, on behalf of Shane Kurjex, owner, is
requesting approval of a Conditional Use Permit (CUP) for a Hair Salon use within the
Light Industrial (M-1) 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 Light
Industrial (M-1) District, is hereby granted a Conditional Use Permit(CUP)for a Hair Salon
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 A subdivision of 1 5707 acres of land situated in the
H T &B R R. Company Survey Section 11, Abstract No 238, Brazoria County,
Texas and being out of Tract "C" of Magnolia Industrial Sites, Section One, as
recorded in Volume 18, Pages 153-154 of the Plat Records of Brazoria County,
Texas
General Location 3419 Veterans Drive, Suite B, Pearland, Texas
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 20th day of May 2024
EVIN COLE
AYOR
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Exhibit "A"
Legal Description
A subdivision of 1 5707 acres of land situated in the H T &B R R Company Survey
Section 11, Abstract No 238, Brazoria County, Texas and being out of Tract "C" of
Magnolia Industrial Sites, Section One, as recorded in Volume 18, Pages 153-154 of the
Plat Records of Brazoria County, Texas
Exhibit “B”
Vicinity Map
Exhibit “C”
Notification
Exhibit “D”
Recommendation Letter with Input and Discussion
Recommendation Letter with Input and Discussion
May 7, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-14
Honorable Mayor and City Council Members:
At their regular meeting on May 6, 2024, the Planning and Zoning Commission considered the
following:
Public Hearing: A request by Ruth Abigail Ramos Martinez, applicant, on behalf of
Shane Kurjex, owner, for approval of a Conditional Use Permit (CUP) for a Hair Salon
use within the Light Industrial (M-1) District, on approximately 1.5707 acres of land, to
wit:
Legal Description: A subdivision of 1.5707 acres of land situated in the H.T.&B.R.R.
Company Survey Section 11, Abstract No. 238, Brazoria County, Texas and being out of
Tract “C” of Magnolia Industrial Sites, Section One, as recorded in Volume 18, Pages
153-154 of the Plat Records of Brazoria County, Texas.
General Location: 3419 Veterans Drive, Suite B, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on May 6, 2024. The applicant was present and was available to answer
questions. The Commission discussed the zoning, the existing uses on the property, and the
requirement for a CUP.
After discussion, the Commission took a motion to recommend approval of the CUP for the Hair
Salon and the motion passed by a vote of 5-0. 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 24-14
Public Hearing: A request by Ruth Abigail Ramos Martinez, applicant, on behalf of Shane Kurjex,
owner, for approval of a Conditional Use Permit (CUP) for a Hair Salon use within the Light
Industrial (M-1) District, on approximately 1.5707 acres of land, to wit:
Legal Description: A subdivision of 1.5707 acres of land situated in the H.T.&B.R.R. Company
Survey Section 11, Abstract No. 238, Brazoria County, Texas and being out of Tract “C” of
Magnolia Industrial Sites, Section One, as recorded in Volume 18, Pages 153-154 of the Plat
Records of Brazoria County, Texas.
General Location: 3419 Veterans Drive Suite B, Pearland, Texas.
Planner II Bauer presented the staff report with exhibits. Planner II Bauer stated that the CUP is
for a Hair Salon use in the Light Industrial (M-1) District and staff has not received public
comments in favor of or against the CUP request. Planner II Bauer discussed that previous hair
salons have occupied the lease space from 2015 to 2021 and since it was abandoned for more
than six months a CUP is needed. Planner II Bauer stated that the CUP meets all seven of the
UDC requirements, and staff recommends approval.
Applicant, Ruth Abigail Ramos Martinez at 5418 Jefferson Street, Pearland, Texas 77584, was in
attendance in-person in Council Chambers to answer any questions 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 to clarify that the location of the property is in zone M-1 and
gas stations were allowed to be in that zone. Deputy Director Griggs stated correct the gas station
fuel pumps are allowed by right the convenience store is what requires the CUP as this is an
existing use and a non-conforming use. Deputy Director Griggs stated that the lease space that
is tacked on to it was vacant for more than six months so that is why the CUP is required.
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: CUP 24-14. Commissioner McDonald made the motion to
approve the CUP and Commissioner Fuertes seconded the motion.
Motion passed 5-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission