R2024-CUP24-01 2024-02-26RESOLUTION R2024- CUP24-01
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Studio or Learning Center for Fine or
Performing Arts use, within the Business Park-288 (BP-288) District, to
accommodate a music studio for learning, on approximately 30.715 acres of
land, being described as Lot 1, in Block 1, Minor Plat Pearland Office Park, a
subdivision in Brazoria County, Texas, according to the map or plat thereof,
recorded in County Clerk’s File No. 2018021087 in the Plat Records of
Brazoria County, Texas (located at 2743 Smith Ranch Road Unit 1501,
Pearland, TX). Conditional Use Permit Application No CUP24-01, for Studio
or Learning Center for Fine or Performing Arts use, within the Business Park-
288 (BP-288) District, at the request of Czarina O. Schocker, applicant, on
behalf of Pearland Office Center LLC., owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Czarina O. Schocker, applicant, on behalf of Pearland Office Center
LLC., owner, is requesting approval of a Conditional Use Permit (CUP) for Studio or
Learning Center for Fine or Performing Arts use within the Business Park-288 (BP-288)
District, on approximately 30.715 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 5th 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
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provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
WHEREAS, on the 26th day of February 2024, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Czarina O. Schocker, applicant, on behalf of Pearland Office Center LLC., owner, is
requesting approval of a Conditional Use Permit (CUP) for Studio or Learning Center for
Fine or Performing Arts use within the Business Park-288 (BP-288) 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 Business
Park-288 (BP-288) District, is hereby granted a Conditional Use Permit (CUP) for Studio
or Learning Center for Fine or Performing Arts 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: Lot 1, in Block 1, Minor Plat Pearland Office Park, a
subdivision in Brazoria County, Texas, according to the map or plat thereof,
recorded in County Clerk’s File No. 2018021087 in the Plat Records of Brazoria
County, Texas.
General Location: 2743 Smith Ranch Road Unit 1501, 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
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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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PASSED, APPROVED, and ADOPTED on this day, the 26th day of February 2024.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Lot 1, in Block 1, Minor Plat Pearland Office Park, a subdivision in Brazoria County,
Texas, according to the map or plat thereof, recorded in County Clerk’s File No.
2018021087 in the Plat Records of Brazoria County, Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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Exhibit “D”
Recommendation Letter with Input and Discussion
Recommendation Letter with Input and Discussion
February 6, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-01
Honorable Mayor and City Council Members:
At their regular meeting on February 5, 2024, the Planning and Zoning Commission considered
the following:
Request: Lot 1, in Block 1, Minor Plat Pearland Office Park, a subdivision in Brazoria
County, Texas, according to the map or plat thereof, recorded in County Clerk’s File No.
2018021087 in the Plat Records of Brazoria County, Texas.
General Location: 2743 Smith Ranch Road Unit 1501, Pearland, TX.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on February 5, 2024. The applicant was present and discussed her
background and the proposed use. There were no speakers from the public for or against the
request. The Commission discussed the requested CUP. Commissioner Fuertes, Commissioner
Boswell, and Commissioner Dugas stated they were in support of the requested CUP.
After discussion, the Commission took a motion to recommend approval of the CUP for the Music
Studio for Learning and the motion passed by a vote of 4-0. 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 24-01 (Studio or Learning Center for Fine or Performing Arts)
Planner II Bauer presented the staff report with exhibits. Planner II Bauer stated that the
Conditional Use Permit (CUP) is a music studio for learning and staff has not received public
comments for or against the proposed CUP. Planner II Bauer discussed that the CUP meets all
seven of the review criteria, is consistent with the Comprehensive Plan, and staff recommends
approval of the requested CUP.
Applicant, Czarina O. Schocker at 2743 Smith Ranch Road, Unit 1501, Pearland, Texas 77377,
was in attendance in Council Chambers to present to the P&Z Commission. Ms. Schocker
discussed her background and how music impacts the development of a child and their families.
She described the music therapy that would be offered on the property and the positive results of
her clients. Ms. Schocker stated she is here to answer any additional questions.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Fuertes stated that he was in favor of the proposed CUP and appreciated Ms.
Schocker for opening her business in Pearland. Commissioner Boswell stated that she was in
favor of the CUP application, loved everything, and wished the applicant the best of luck.
Commissioner Dugas stated that he is very impressed of what Ms. Schocker is doing and it is
amazing the type of support she has already built.
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 24-01. Commissioner Boswell made the motion to
approve the conditional use Permit Application, Commissioner Dugas seconded the motion.
Motion passed 4-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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