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Home My WebLink AboutR2025-CUP2025-0213 - 20251208-FailedRESOLUTION R2025- CUP2025-0213 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Recreation Center (private, for profit) use within the Cullen-Mixed Use (C-MU) District, on approximately 2.960 acres (128,938 sq.ft.) of land being Reserve “A”, Block 15 in the Plat of Paradise Cemetery South, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 19, Page 261-262 of the Plat Records of Brazoria County, Texas (located at 2237 Cullen Parkway, Pearland, Texas). Conditional Use Permit No. CUP2025- 0213, for Recreation Center (private, for profit) use within the Cullen-Mixed Use (C- MU) District, at the request of Daniela Braganholo applicant, on behalf of Paradise Cemetery South, Inc., owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Daniela Braganholo applicant, on behalf of Paradise Cemetery South, Inc., owner, is requesting approval of a Conditional Use Permit (CUP) for Recreation Center (private, for profit) use, within Cullen -Mixed Use (C-MU) District, on approximately 2.960 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 17th day of November 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 17th day of November 2025, the City Council having fully heard the testimony and argument of all interested parties finds that in the case of the application of Daniela Braganholo applicant, on behalf of Paradise Cemetery South, Inc., owner, is requesting approval of a Conditional Use Permit (CUP) for Recreation Center (private, for profit) use, within Cullen -Mixed Use (C-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 Cullen -Mixed Use (C-MU) District, is hereby granted a Conditional Use Permit (CUP) for 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: Reserve “A”, Block 15 in the Plat of Paradise Cemetery South, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 19, Page 261 -262 of the Plat Records of Brazoria County, Texas. General Location: 2237 Cullen Parkway, 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 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 8th day of December 2025. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY Exhibit “A” Legal Description  Reserve “A”, Block 15 in the Plat of Paradise Cemetery South, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 19, Page 261 - 262 of 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 November 18, 2025 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Conditional Use Permit Application No. CUP2025-0213 Honorable Mayor and City Council Members: At their regular meeting on November 17, 2025, the Planning and Zoning Commission considered the following: Public Hearing: A request by Daniela Braganholo applicant, on behalf of Paradise Cemetery South, Inc., owner, for approval of a Conditional Use Permit (CUP) for Recreation Center (private, for profit) use on approximately 2.960 acres (128,938 sq.ft.) of land within the Cullen-Mixed Use (C-MU) District, to wit:  Legal Description: Reserve “A”, Block 15 in the Plat of Paradise Cemetery South, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 19, Page 261-262 of the Plat Records of Brazoria County, Texas.  General Location: 2237 Cullen Parkway, Pearland, TX. The Planning and Zoning Commission conducted a public hearing for the proposed CUP request at their regular meeting on November 17, 2025. The property owner and representatives from the cemetery were present, and the applicant discussed the proposed project. There were no public comments made during the meeting. Prior to the meeting, staff received three (3) written public comments in opposition of the project. The Commission took a motion to recommend approval of the proposed CUP with the following Staff Conditions: 1.The detention pond shall be amenitized and the minimum number of provided shrubs shall be equal to the total caliper inches of street trees required multiplied by five (5). Shrubs shall be maintained at a height of no more than thirty-six inches (36”) nor less than twenty- four inches (24”) as measured from the surrounding soil line. Shrubs shall be planted in a staggered row along the street side of the detention/retention facility. (UDC Section 2.4.5.1.(g)(7)). 2.Sidewalks shall be added along Hughes Ranch Road in accordance with UDC Section 3.2.11.1. 3.No preparation or cremation of the deceased for burial may take place at this location, as this would constitute a Funeral Home use, which is not permitted within the C-MU zoning district. 4.All required screening elements for the site, including detention buffering, street trees, etc. shall be provided outside of the area to be acquired at a future date for the ROW expansion to be confirmed at Site Plan approval. The motion passed by a vote of 7-0. The vote by the Commission constitutes a positive recommendation for approval by City Council. Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission