HomeMy WebLinkAboutR2026-CUP2026-0112 20260511RESOLUTION R2026- CUP2026-0112
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for an Adult Day Care Center (Business)
within the Neighborhood Service (NS) District, on approximately 5.5394
acres of land, being Stepping Stone No.3, located in the H.T. & B.R.R.
Company Survey, A-242 Brazoria County, Texas, according to the map or plat
recorded under Brazoria County Clerk’s File No. 00-054657 of the Official
Records of Brazoria County, Texas. (7924 Broadway Street Suite #102,
Pearland, Texas). Conditional Use Permit No. CUP2026-0112, for an Adult
Day Care Center (Business) within the Neighborhood Service (NS) District at
the request of Crystal Duncan, applicant, on behalf of Kwak Jung Hwan,
owner, containing a savings clause, a severability clause, and an effective
date and other provisions related to the subject.
WHEREAS, Crystal Duncan, applicant on behalf of Kwak Jung Hwan, owner, is
requesting approval of a Conditional Use Permit (CUP) for an Adult Day Care Center
(Business) use on approximately 5.5394 acres of land within the Neighborhood Service
(NS) District; 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 20th day of April 2026, 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
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“D”; and
WHEREAS, on the 11th day of May 2026, the City Council having fully heard the
testimony and argument of all interested parties finds that in the case of the application
of Crystal Duncan, applicant on behalf of Kwak Jung Hwan, owner, is requesting approval
of a Conditional Use Permit (CUP) for Adult Day Care Center (Business) use within the
Neighborhood Service (NS) 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
Neighborhood Service (NS) District, is hereby granted a Conditional Use Permit (CUP)
for Adult Day Care Center (Business) 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: A subdivision of 5.5394-acre tract of land, being Stepping
Stone No.3, located in the H.T. & B.R.R. Company Survey, A-242 Brazoria County,
Texas, according to the map or plat recorded under Brazoria County Clerk’s File
No. 00-054657 of the Official Records of Brazoria County, Texas.
General Location: 7924 Broadway Street Suite #102, 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
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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 11th day of May 2026.
________________________
QUENTIN WILTZ
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
LAWRENCE G. PROVINS
CITY ATTORNEY
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Exhibit “A”
Legal Description
A subdivision of 5.5394-acre tract of land, being Stepping Stone No.3, located in the
H.T. & B.R.R. Company Survey, A-242 Brazoria County, Texas, according to the map
or plat recorded under Brazoria County Clerk’s File No. 00-054657 of the Official
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
April 23, 2026
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP2026-0112
Honorable Mayor and City Council Members:
At their regular meeting on April 20, 2026, the Planning and Zoning Commission considered the
following:
Public Hearing:A request by Crystal Duncan, applicant, on behalf of Kwak Jung
Hwan, owner, for approval of a Conditional Use Permit (CUP) for Adult Day Care
Center use within the Neighborhood Service (NS) District, on approximately
5.5394 acres of land, to wit:
Legal Description:A subdivision of 5.5394-acre tract of land, being Stepping
Stone No.3, located in the H.T. & B.R.R. Company Survey, A-242 Brazoria
County, Texas, according to the map or plat recorded under Brazoria County
Clerk’s File No. 00-054657 of the Official Records of Brazoria County, Texas.
General Location:7924 Broadway Street Suite #102, Pearland, Texas
The Planning and Zoning Commission conducted a public hearing for the proposed CUP
request at their regular meeting on April 20, 2026. The applicant was present and available to
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answer any questions. There was no public comment. The Commission discussed how
essential this type of service is.
Following the discussion, the Commission made a motion to recommend approval of the CUP
request and the motion passed by a vote of 6-0. The vote by the Commission constitutes a
positive recommendation for Council approval.
Sincerely,
Katya Copeland, AICP
Assistant Director of Planning, Community Development
On behalf of the Planning and Zoning Commission
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