HomeMy WebLinkAboutR2025-CUP2025-0318 20250922 - FailedRESOLUTION R2025- CUP2025-0318
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Recreation Center (Private, For Profit)
use within the Garden-O’Day Mixed Use (G/O-MU) District, on
approximately 9.506 acres of land, being Lot 1 & 2, Block 1, Minor Plat of
Santos Estates, a subdivision in Brazoria County, Texas, according to the map
or plat recorded in County Clerk’s File No. 2013002487 in the Plat Records of
Brazoria County, Texas (located at 1826 O'Day Road, Pearland, Texas).
Conditional Use Permit No. CUP2025-0318, for a Recreation Center (Private,
For Profit) use within the Garden-O’Day Mixed Use (G/O-MU) District at the
request of Stephanie Vasquez, J. Morales, Inc., applicant, on behalf of Mala
Gopal and Thandavarajan Gopalakrishnan, owners, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Stephanie Vasquez, J. Morales, Inc., applicant, on behalf of Mala
Gopal and Thandavarajan Gopalakrishnan, owners , is requesting approval of a
Conditional Use Permit (CUP) for a Recreation Center (Private, For Profit) use within the
Garden-O’Day Mixed Use (G/O-MU) District , on approximately 9.506 acres; 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 September 2025, 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
“D”; and
WHEREAS, on the 22nd day of September 2025, the City Council having fully
heard the testimony and argument of all interested parties finds that in the case of the
application of Stephanie Vasquez, J. Morales, Inc., applicant, on behalf of Mala Gopal
and Thandavarajan Gopalakrishnan , owners, is requesting approval of a Conditional Use
Permit (CUP) for a Recreation Center (Private, For Profit) use within the Garden-O’Day
Mixed Use (G/O-MU) 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 Garden-
O’Day Mixed Use (G/O-MU) District, is hereby granted a Conditional Use Permit (CUP)
for a Recreation Center (Private, For Profit) 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 & 2, Block 1, Minor Plat of Santos Estates, a
subdivision in Brazoria County, Texas, according to the map or plat
recorded in County Clerk’s File No. 2013002487 in the Plat Records of
Brazoria County, Texas.
General Location: 1826 O’Day Road, 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
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.
PASSED, APPROVED, and ADOPTED on this day, the 22nd day of September 2025.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
Exhibit “A”
Legal Description
Lot 1 & 2, Block 1, Minor Plat of Santos Estates, a subdivision in Brazoria County, Texas,
according to the map or plat recorded in County Clerk’s File No. 2013002487 in the Plat
Records of Brazoria County, Texas.
Exhibit “B”
Vicinity Map
Exhibit “C”
Notification
Exhibit “D”
Recommendation Letter with Input and Discussion
Recommendation Letter with Input and Discussion
September 3, 2025
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP2025-0318
Honorable Mayor and City Council Members:
At their regular meeting on September 2, 2025, the Planning and Zoning Commission considered
the following:
Public Hearing: A request by Stephanie Vasquez, J. Morales, Inc., applicant, on behalf
of Mala Gopal and Thandavarajan Gopalakrishnan, owners, for approval of a Conditional
Use Permit (CUP) for a Recreation Center (Private, For Profit) use within the Garden-
O’Day Mixed Use (G/O-MU) District, on approximately 9.506 acres, to wit:
Legal Description: Lot 1 & 2, Block 1, Minor Plat of Santos Estates, a subdivision
in Brazoria County, Texas, according to the map or plat recorded in County Clerk’s
File No. 2013002487 in the Plat Records of Brazoria County, Texas.
General Location: 1826 O’Day Road, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on September 2, 2025. A representative from J Morales, Inc. was present,
and they discussed the proposed project. There were nine (9) public speakers in opposition to
the requested CUP. The concerns of the speakers included increased traffic, increased noise
from events, alcohol sales, hours of operation, potential renters of the facility, drainage, and
impacts to the property values and rural character of the area.
The Commission discussed roadway conditions, sewer line extension for the proposed
development, zoning of the property, the event center location, neighborhood character, and the
Comprehensive Plan Future Land Use Map.
After discussion, the Commission took a motion to recommend approval of the proposed CUP
with staff's recommended conditions and the motion failed by a vote of 1-5. The vote by the
Commission constitutes a negative recommendation for Council approval.
With that action, a simple majority of all members of City Council is required in order to approve
this request.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
Senior Planner Bauer presented the staff report with exhibits. Mr. Bauer explained the request is
for approval of a Conditional Use Permit (CUP) for a proposed recreation center use with a single -
family detached dwelling located towards the rear of the pro perty. The site would share access
through a flag lot along the northern property line within the Garden -O’Day Mixed Use (G/O-MU)
District. Mr. Bauer noted that staff received thirty-eight written public comments in opposition and
one neutral regarding the request. He briefly reviewed the property history, the site plan,
landscaping, and event hall renderings. Mr. Bauer stated that the CUP meets all seven of the
review criteria outlined in the UDC and recommended approval with the following conditions:
1.The proposed use shall be limited on the parcel to a maximum 450 feet west of the
O'Day Road right-of-way.
2.A minimum 15-foot landscape strip containing large shade trees must be provided
along the north side of the full length of the driveway within the shared access
easement. Large shade trees with a minimum two -inch (2'') caliper measured at twelve
inches (12'') above the root ball shall be provided, with the total caliper inches equal
to at least one inch (1'') for each ten feet (10') of the length of the shared access.
3.The required buffer along the northern property line of the proposed use shall
include ornamental trees with a minimum two -inch (2'') caliper measured at twelve
inches (12'') above the root ball shall be provided, with the total caliper inches equal
to at least one inch (1'') for each fifteen feet (15') of lot depth and a continuous row of
shrubs with a minimum height of three feet at the time of planting.
4.Proposed nonresidential development will be required to provide a buffer to the
proposed residence to the west within the boundaries of the subject land. The buffer
shall meet the requirements of Section 2.4.3.3 (f) & (g) of the UDC.
5.A minimum of fifty percent (50%) of the façade that fronts O'Day Road shall be of
masonry, stucco or EIFS materials.
6.A minimum of fifteen percent (15%) of the façade that fronts O'Day Road must be
transparent.
Architect Cathleen Heart of J. Morales, Inc., at 102 Munger Street, Pasadena, Texas 77506, was
present in person in Council Chambers to present to the Planning and Zoning Board. Ms. Heart
explained that the business is a non -profit organization hosting art events, exercise classes,
weddings, poetry readings, and language classes. She stated that the applicant and spouse
would reside in the single -family dwelling at the rear of the property, with the wife running the
classes.
Chairperson Isenberg called for public input.
Resident Ruben Maldonado, at 1800 O’Day Road, Pearland, Texas 77581, spoke in opposition,
citing concerns with noise, alcohol sales, waste, sanitation, rodent issues, and property values.
Tama Chunn, at 9902 Warwana, Houston, Texas 77080, opposed the request, citing noise
disrupting the rural character, wet bar and live music hours, and neighborhood impacts.
Wayman Chunn, at 9902 Warwana Road, Houston, Texas 77080, opposed the request, citing
concerns about noise and potential leasing of the facility.
Resident Mebel Cravey, at 1920 O’Day Road, Pearland, Texas 77581, opposed the request,
citing concerns with live music, traffic, and residential safety.
Resident Andrea Cravey, at 1920 O’Day Road, Pearland, Texas 77581, opposed the request,
citing concerns about the event center details, hours of operation, and traffic safety.
Resident Alex Cravey, at 1920 O’day Road, Pearland, Texas 77581, opposed the request, citing
noise pollution, alcohol consumption, traffic, and drainage.
Resident Roberto Serrano, at 1814 O’Day Road, Pearland, Texas 77581, opposed the request,
citing disruption of the rural lifestyle and inappropriate location.
Resident Jessica Maldonado, at 1800 O’Day road, Pearland, Texas 77581, opposed the request,
agreeing with neighbors and citing lack of proper notification
Resident Emanual Serrano, at 1814 O’Day Road, Pearland, Texas 77581, opposed the request,
citing noise impacts adjacent to his residence.
Discussion among the Planning & Zoning Commission focused on road conditions, sewer line
extension, zoning of the property, the event center location, Neighborhood character, and the
Comprehensive Plan Future Land Use Map. Commissioner Fuertes also outline d the City’s
notification requirements and potential long -term impacts. Chairperson Isenberg asked the
applicant to clarify business operations. Ms. Heart addressed concerns regarding noise,
confirmed that security personnel would be required for events, a nd noted the owner was aware
of the sewer line extension requirement.
There was no further discussion from Staff, Planning and Zoning Commission, or public input.
Chairperson Isenberg read into the record the item on Consideration and Possible Action –
Conditional Use Permit Application: CUP2025 -0318. Commissioner Fuertes made a motion to
approve the CUP with staff conditions, and Vice Chairperson Ordeneaux seconded the motion.
Motion failed 1-5.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission