The URL can be used to link to this page

Home My WebLink AboutR2024-CUP24-23 2024-12-16RESOLUTION R2024- CUP24-23 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 Business Park-288 (BP-288) District, on approximately 30.715 acres of land, being 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 2504, Pearland, Texas). Conditional Use Permit Application No CUP24- 23, for a Studio or Learning Center for Fine or Performing Arts use within the Business Park-288 (BP-288) District, at the request of Hongliang Huang, 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, Hongliang Huang, applicant, on behalf of Pearland Office Center 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 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 2nd day of December 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: 7B85BB47-D831-418E-919D-B6F56C0E5FB6 “D”; and WHEREAS, on the 16th day of December 2024, the City Council having fully heard the testimony and argument of all interested parties finds that in the case of the application of Hongliang Huang, applicant, on behalf of Pearland Office Center 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 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 a 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 2504, 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 Docusign Envelope ID: 7B85BB47-D831-418E-919D-B6F56C0E5FB6 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. Docusign Envelope ID: 7B85BB47-D831-418E-919D-B6F56C0E5FB6 PASSED, APPROVED, and ADOPTED on this day, the 16th day of December 2024. ________________________ J. KEVIN COLE MAYOR ATTEST: _______________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 7B85BB47-D831-418E-919D-B6F56C0E5FB6 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. Docusign Envelope ID: 7B85BB47-D831-418E-919D-B6F56C0E5FB6 Exhibit “B” Vicinity Map Docusign Envelope ID: 7B85BB47-D831-418E-919D-B6F56C0E5FB6 Exhibit “C” Notification Docusign Envelope ID: 7B85BB47-D831-418E-919D-B6F56C0E5FB6 Exhibit “D” Recommendation Letter with Input and Discussion Recommendation Letter with Input and Discussion December 3, 2024 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Conditional Use Permit Application No. CUP 24-23 Honorable Mayor and City Council Members: At their regular meeting on December 2, 2024, the Planning and Zoning Commission considered the following: Public Hearing: A request by Hongliang Huang, applicant, on behalf of Pearland Office Center LLC., owner, for approval of a Conditional Use Permit (CUP) for a 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, to wit: 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 2504, Pearland, Texas. The Planning and Zoning Commission conducted a public hearing for the proposed CUP request at their regular meeting on December 2, 2024. The applicant was present at the meeting and discussed the proposed use. There was no comment from the public. The commission and staff discussed the promotion of the arts within the city and the compatibility of the use within the development. Docusign Envelope ID: 7B85BB47-D831-418E-919D-B6F56C0E5FB6 After discussion, the Commission took a motion to recommend approval of the CUP for a Studio or Learning Center for Fine or Performing Arts and the motion passed by a vote of 5-0. The vote by the Commission constitutes a positive recommendation for approval by City Council. Excerpts from the Minutes of the Planning & Zoning Commission Meeting: Senior Planner Buaku presented the staff report with exhibits. Mrs. Buaku explained that the request is for a Conditional Use Permit (CUP) for a Studio or Learning Center for Fine or Performing Arts in the Business Park-288 (BP-288) District. Mrs. Buaku noted that staff received one public comment requesting additional information. Mrs. Buaku reviewed the property’s history and briefly outlined the site layout. Ms. Buaku stated that the CUP meet all criteria outlined in the Unified Development Code (UDC), and that staff recommends approval. The applicant, Hongliang Huang at 5526 Grandwood Lane, Katy, Texas 77450, was in attendance in-person in the Council Chambers to present to the P&Z Board. Mrs. Huang discussed the details of Enya Studio and its curriculum, that encourages students’ creativity. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Vice Chairperson Isenberg discussed the need for art in Pearland. Chairperson Fuertes commented that this office park is a great location for this land use. 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 24-23. Vice Chairperson Isenberg made the motion to approve the CUP, and Commissioner Ordeneaux 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 Docusign Envelope ID: 7B85BB47-D831-418E-919D-B6F56C0E5FB6