The URL can be used to link to this page

Home My WebLink AboutR2024-CUP24-14 2024-05-20DocuSign 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 DocuSign Envelope ID• 7CB5CBCF-3E02-4416-924C-2173E43ECBFF "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 DocuSign Envelope ID. 7CB5CBCF-3E02-4416-924C-2173E43ECBFF 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• 7CB5CBCF-3E02-4416-924C-2173E43ECBFF PASSED, APPROVED, and ADOPTED on this day, the 20th day of May 2024 2EVIN COLE AYOR [Vr.s byQ�uilar 30Cc22s31rrr41s. FRANCES AGUILAR, TRMC, MMC CITY SECRETARY oocuSlyned by: C> Co/L— C13cAoJOoolr4oc... DARRIN M COKER CITY ATTORNEY DocuSign Envelope ID• 7CB5CBCF-3E02-4416-924C-2173E43ECBFF 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 N.MAGNOLIAIEL^MS?OR [rill ft 1 ' 71-4".".., ' d, 1r' 4,L..s: a+ tMt GNOL'IA INES,DF MAGNOLIA OAKS DR m 4 ! I t F* 6 f I S MAGNOLIA i EL �'�Rtri CITY OF PEARLAND Exhibit 1 Aerial & Zoning Map CUP 24-14 3419 Veterans Drive Suite B Hair Salon in M-1 Legend Subject Property IEL Tins pexpoles a. .Inerve.01 tliwaed W. 04 Map. R Mp, r,. li Gon .prelbm. Am t yw Me.ImatidefieH MAP PREPABEC: _4PRIL2O2s CITY OP PPAALN° IT-0fSLIEPARTISENT Exhibit "C" Notification CITY OF PEARLAND 3523 Liberty Drive, Pearland, Texas 77581 281.652.1770 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, May 6, 2024, 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, May 20, 2024, at 6:30 p.m., regarding: Conditional Use Permit Application: CUP 24-14 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. Summary: The applicant is proposing to operate a hair salon within a lease space on the property. 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 ❑n 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 idanley(npearlandtx.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.pearlandtx_gov/public-hearings. Exhibit "O" Recommendation Letter with Input and Discussion Planning & Zoning Commission 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