R2021-CUP21-00023 2021-08-23RESOLUTION R2021- CUP21-00023
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Adult Daycare (Business) use within
the Neighborhood Services (NS) District, to accommodate an adult daycare
center within a leased space in an existing retail center, on a 5.5394-acres lot;
being Lot 1, Block 1 of Stepping Stone No. 3, a subdivision of 5.5394 acres of
land located in the H.T & B.R.R Company Survey, Abstract No. 242, Brazoria
County, Texas (located at 7930 Broadway Street, Ste. 118, Pearland,
Texas). Conditional Use Permit Application No CUP21-00023, for Adult
Daycare (Business) use within the Neighborhood Services (NS) District, at the
request of Curtis Warren, applicant on behalf of Jung Kwak, owner, containing
a savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Curtis Warren, applicant on behalf of Jung Kwak, owner, is requesting
approval of a Conditional Use Permit (CUP) for Adult Daycare (Business) use within the
Neighborhood Services (NS) District; 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 2nd day of August 2021, 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 Curtis Warren, applicant on behalf of Jung
Kwak, owner, for approval of a Conditional Use Permit (CUP) for Adult Daycare
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RES. No. R2021- CUP21-00023
(Business) use within the Neighborhood Services (NS) District, on a 5.5394-acres lot;
presented which, in the judgment of the Planning and Zoning Commission have provided
input and discussion; and
WHEREAS, on the 23rd day of August 2021, 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 Curtis Warren, applicant on behalf
of Jung Kwak, owner, for approval of a Conditional Use Permit (CUP) for Adult Daycare
(Business) use within the Neighborhood Services (NS) District, on a 5.5394-acres lot;
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 Services (NS) District, is hereby granted a Conditional Use Permit (CUP)
for Adult Daycare (Business) 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: Being Lot 1, Block 1 of Stepping Stone No. 3, a
subdivision of 5.5394 acres of land located in the H.T & B.R.R Company
Survey, Abstract No. 242, Brazoria County, Texas.
General Location: 7930 Broadway Street, Ste. 118, 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
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RES. No. R2021- CUP21-00023
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
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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RES. No. R2021- CUP21-00023
PASSED, APPROVED, and ADOPTED on this day, the 23rd day of August 2021.
.2'-(4
EVIN COLE
MAYOR
STAL ROAN, TRMC, CMC
CITY SECRETARY
C
DAR N M. COKER
CITY ATTORNEY
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RES. No. R2021- CUP21-00023
Exhibit A
Legal Description
Being Lot 1, Block 1 of Stepping Stone No. 3, a subdivision of 5.5394 acres of land located
in the H.T & B.R.R Company Survey, Abstract No. 242, Brazoria County, Texas.
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RES. No. R2021- CUP21-00023
Exhibit B
Vicinity Map
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-NSs.
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Exhibit 1
CUP 21-00023
Adult Daycare
7930 Broadway, Ste 118
Legend
ET-1
- Subject Property
I
Thin product is 1m inthrmammal purposen and
nnot have Men prepared foro or be cuitab
le4ma vn¢inoerinp. or wrveyiag purpoeee. It
cc not represent anon,the-ground surrey and
. r „netts only the uppreai meta mitt live haalc.1
of property hnundatine.
1 inth = 200 feet
JULY, nail
COMMUNITY DEV, DEPT.
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RES. No. R2021- CUP21-00023
281.652.1765
Exhibit C
Online Notification
CITY OF PEARLAND
3523 Liberty Drive, Pearland, Texas 77581
FAX: 281.652.1702 www.pearlandtx.gov
NOTICE OF PUBLIC HEARING
A notice of Public Hearings of the Planning and Zoning Commission of the
City of Pearland on Monday, August 2, 2021, at 6:30 P.M., and the City
Council of the City of Pearland on Monday, August 23, 2021, at 6:30 P.M.,
at City Hall, 3519 Liberty Dr., Pearland, Texas 77581, regarding:
Conditional Use Permit Application: CUP 21-00023
A request by Curtis Warren, applicant on behalf of Jung Kwak, owner, for approval
of a Conditional Use Permit (CUP) for Adult Daycare (Business) use within the
Neighborhood Services (NS) District, to accommodate an adult daycare center
within a leased space in an existing retail center, to wit:
Legal Description: Being a subdivision of 5.5394 acres of land located in the H.T &
B.R.R Company Survey, A-242 Brazoria County, Texas.
General Location: 7930 Broadway Street, Ste. 118, Pearland, Texas.
Summary: The applicant proposes to operate a daycare center for adults within an
existing retail center. Adult Daycare (Business) is a Community -based group
program which is licensed by the State of Texas and designed to meet the needs of
functionally and/or cognitively impaired adults through an individual plan of care.
THE PUBLIC HEARING WILL BE CONDUCTED VIA
TELEPHONENIDEO CONFERENCE & IN -PERSON
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 voice your support or opposition for the above referenced request
by submitting comments or requesting to speak remotely. You may submit
comments by email to slowe a( pearlandtx.gov or submit a request to speak remotely
during the tele-conference. The public will be permitted to offer public comments by
telephone and in -person as provided by the agenda and as permitted by the
presiding officer during the meeting. All speakers MUST register in advance. To
speak remotely during the meeting, speakers MUST:
• Submit the online registration form found at:
https://www.pearlandtx.qov/departments/city-secretandspea ker-requ est-
registration-form.
• Registration must be received no later 12 p.m. on the day of the meeting.
Once the registration form is received, residents will receive either an email
or phone call providing them a telephone number to call on the day of the
meeting. Speakers must call in at least 30 minutes prior to the start of the
meeting in order to speak, late callers will not be accepted and will not be
able to speak.
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RES. No. R2021- CUP21-00023