R2024-CUP24-20 2024-09-09RESOLUTION R2024- CUP24-20
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Studio or Learning Center for Fine or
Performing Arts use within the Light Industrial (M-1) District, to
accommodate a Dance/Fitness Studio, on approximately 7.6525 acres of land,
being described as Restricted Reserve “A”, Block 1, Final Plat Dolen Estates,
a subdivision in Brazoria County, Texas, according to the map or plat recorded
in Volume 24, Page 143, of the Plat records of Brazoria County,
Texas (located at 4407 Halik Street, Suite E300 & E500, Pearland,
Texas). Conditional Use Permit Application No CUP24-20, for a Studio or
Learning Center for Fine or Performing Arts use within the Light Industrial (M-
1) District, at the request of Keen Realty Management LLC., applicant, on
behalf of BC Halik Business Park LLC., owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Keen Realty Management LLC., applicant, on behalf of BC Halik
Business Park LLC., owner, is requesting approval of a Conditional Use Permit (CUP) for
a Studio or Learning Center for Fine or Performing Arts use within the Light Industrial (M-
1) District, on approximately 7.6525 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 August 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 9th day of September 2024, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Keen Realty Management LLC., applicant, on behalf of BC Halik Business Park LLC.,
owner, is requesting approval of a Conditional Use Permit (CUP) for a Studio or Learning
Center for Fine or Performing Arts 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 an 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: Restricted Reserve “A”, Block 1, Final Plat Dolen Estates, a
subdivision in Brazoria County, Texas, according to the map or plat recorded in
Volume 24, Page 143, of the Plat records of Brazoria County, Texas.
General Location: 4407 Halik Street, Suite E300 & E500, 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
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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 9th day of September 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
Restricted Reserve “A”, Block 1, Final Plat Dolen Estates, a subdivision in Brazoria
County, Texas, according to the map or plat recorded in Volume 24, Page 143, of 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
August 20, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-20
Honorable Mayor and City Council Members:
At their regular meeting on August 19, 2024, the Planning and Zoning Commission considered
the following:
Public Hearing: A request by Keen Realty Management LLC., applicant, on behalf of BC
Halik Business Park LLC., owner, for approval of a Conditional Use Permit (CUP) for a
Studio or Learning Center for Fine or Performing Arts use within the Light Industrial (M-1)
District, on approximately 7.6525 acres of land, to wit:
Legal Description: Restricted Reserve “A”, Block 1, Final Plat Dolen Estates, a
subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume
24, Page 143, of the Plat records of Brazoria County, Texas.
General Location: 4407 Halik Street, Suite E300 & E500, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on August 19, 2024. The applicant was present at the meeting and was
available to answer questions. There was no comment from the public. The commission and staff
discussed the compatibility of the use on the subject property.
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After discussion, the Commission took a motion to recommend approval of the CUP for a Studio
or Learning Center for Fine or Performing Artsand the motion passed by a vote of 4-0. The vote
by the Commission constitutes a positive recommendation for approval by City Council.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that the CUP request
was for a dance fitness studio and that all classes would be inside the building. Mr. Bauer
discussed that staff received 42 written requests in favor of the request, the history of the
property, and the proposed site plan. Mr. Bauer stated that the CUP was not compatible with
the industrial designation and the owner does not propose any expansion. Mr. Bauer pointed
out that the CUP met five of the seven criteria of the UDC, and staff recommends approval.
Applicant, Kassi Bolan at 2425 Londonderry Drive, Pearland, Texas 77581, was in attendance
in-person in the PEDC Board Room to answer any questions for the P&Z Commission.
Chairperson Fuertes called for public input.
There were no persons wishing to speak for or against the proposed request.
Chairperson Fuertes discussed the compatible use of the property.
There was no further discussion from Staff, P&Z Commission or Public input.
Chairperson Fuertes read into the record the item on Consideration and Possible Action –
Conditional Use Permit Application: CUP 24-20. Commissioner Stockdick made the motion to
approve the CUP and Commissioner Echols 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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