Ord. 2000M-251 2023-09-11Ordinance No. 2000M-251
An Ordinance of the City Council of the City of Pearland, Texas, amending
Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the
purpose of changing the classification of certain property; being described as
Lot 1, Block 1, Development Plat of Community of Faith Bible Church, a
subdivision of 2.0784 acres of land in the City of Pearland, Texas, according
to the map or plat recorded in County Clerk’s File No. 2019012786 in the
Plat Records of Brazoria County, Texas (located at 3888 Pearland
Parkway, Pearland, Texas). Zone Change Application No. ZONE 23-10, a
request by Joshua McGinn, applicant, on behalf of Renee McGuire, owner,
for approval of a zone change from Single-Family Residential-2 (R-2)
District to Neighborhood Services (NS) District; providing for an
amendment of the zoning district map; containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Joshua McGinn, applicant, on behalf of Renee McGuire, owner, is
requesting approval for a zone change from Single-Family Residential-2 (R-2) District to
Neighborhood Services (NS) District on approximately 2.0784 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 7th day of August, 2023, 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 heard the
testimony and argument of all interested parties, and having been fully advertised in the
premises, submitted its report and recommendation to the City Council regarding the
proposed zone change from Single-Family Residential-2 (R-2) District to Neighborhood
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Ord. No. 2000M-251
Services (NS) District, said recommendation attached hereto and made a part hereof for
all purposes as Exhibit “D”; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at their regular meeting on the 7th day of August,
2023; and
WHEREAS, on the 28th day of August, 2023, the City Council having fully heard
the testimony and argument of all interested parties, and having been fully advised in
the premises, finds that in the case of the application for approval of a zone change
from Single-Family Residential-2 (R-2) District to Neighborhood Services (NS) District,
presented which, in the judgment of the City Council, would justify the approval of said
application; now, therefore,
BE IT ORDAINED 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 Single-
Family Residential-2 (R-2) District, is hereby granted approval for Neighborhood
Services (NS) District, in accordance with all conditions and requirements of the current
Unified Development Code and the amendments approved by the City Council; and
such property being more particularly described as:
Legal Description: Lot 1, Block 1, Development Plat of Community of Faith
Bible Church, a subdivision of 2.0784 acres of land in the City of Pearland,
Texas, according to the map or plat recorded in County Clerk’s File No.
2019012786 in the Plat Records of Brazoria County, Texas.
General Location: 3888 Pearland Parkway, Pearland, Texas.
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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 for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the amendment 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 Ordinance 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 Ordinance and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
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Ord. No. 2000M-251
PASSED, APPROVED, and ADOPTED on First Reading this 28th day of August 2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11th
day of September 2023.
________________________
J.KEVIN COLE
MAYOR
ATTEST:
_____________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
_____________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Lot 1, Block 1, Development Plat of Community of Faith Bible Church, a subdivision of
2.0784 acres of land in the City of Pearland, Texas, according to the map or plat
recorded in County Clerk’s File No. 2019012786 in the Plat Records of Brazoria County,
Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Legal Advertisement
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Exhibit D
Planning and Zoning Commission Recommendation Letter
Recommendation Letter
August 8, 2023
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 23-10
Honorable Mayor and City Council Members:
At their regular meeting on August 7, 2023, the Planning and Zoning Commission considered
the following request:
Request: A request by Joshua McGinn, applicant, on behalf of Renee McGuire, owner,
for approval of a zone change for 2.0784 acres of land from Single-Family Residential-2
(R-2) District to General Business (GB) District, to wit:
Legal Description: Lot 1, Block 1, Development Plat of Community of Faith Bible
Church, a subdivision of 2.0784 acres of land in the City of Pearland, Texas, according
to the map or plat recorded in County Clerk’s File No. 2019012786 in the Plat Records of
Brazoria County, Texas.
General Location: 3888 Pearland Parkway, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on August 7, 2023. The real estate agent for the subject
property was present during the meeting on behalf of the applicant and discussed the desire to
rezone the property to allow for an office-type development that could potentially be used as an
office or a pilates studio, as well as allowing for doctor's offices to serve the proposed French
Quarter development to the south. There were three (3) adjacent residents who spoke against
the proposed zone change generally discussing topics of traffic, compatibility with the existing
residential zoning, and the desire for the development not to become a strip center. There was
one (1) member from R West Development who spoke in favor of the proposed zone change
generally discussing topics of developability of the land for residential and the ability for the
property to complement the future French Quarter development.
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Staff recommended a downgrade of the proposed zoning from GB to either Office &
Professional (OP) District or Neighborhood Service (NS) District. The Commission discussed
the developability of the land for residences, the suitability of the General Business zoning in the
area, and whether a less intense nonresidential zoning is more appropriate. Staff discussed the
provision within the UDC that allows for the Commission to recommend approval of a less
intense district, the difference between uses permitted within the GB, NS, and OP
zoning district, and buffering requirements adjacent to residential zoning/uses and within the
Corridor Overlay District (COD).
After discussion, the Commission agreed with staff's recommendation to approve an NS zoning
instead of the requested GB zoning. The Commission made a motion to recommend approval of
the amended zone change from R-2 to NS and the motion passed by a vote of 5-0. The vote by
the Commission constitutes a positive recommendation for Council.
Sincerely,
Martin Griggs, AICP, CNU-A
Assistant Director, Community Development
On behalf of the Planning and Zoning Commission
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