Ord. 2000M-254 2024-03-05Ordinance No. 2000M-254
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 Parcel 1:
being described as a tract or parcel containing 4.190 acres of land situated in
the W.D.C Hall Survey, Abstract Number 70, Harris County, Texas; being out
of a called 8.031-acre tract of land conveyed to Golden Rule Services Inc. as
described by deed recorded under Brazoria County Clerk’s File (B.C.C.F)
Number 2011023182; Parcel 2: being a tract or parcel containing 2.119
acres of land situated in the W.D.C Hall Survey, Abstract Number 70, Harris
County, Texas; being out of a called 8.031-acre tract of land conveyed to
Golden Rule Services Inc. as described by deed recorded under Brazoria
County Clerk’s File (B.C.C.F) Number 2011023182 (located at 3801 Liberty
Drive, Pearland, Texas). Zone Change Application No. ZONE 23-16, a
request by Mona Malone, applicant, on behalf of JKM5 Liberty LLC., owner,
for approval of a zone change from Single-Family Residential-2 (R-2)
District to Office & Professional (OP) 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, Mona Malone, applicant, on behalf of JKM5 Liberty LLC., owner, is
requesting approval for a zone change from Single-Family Residential-2 (R-2) District to
Office & Professional (OP) District on approximately 6.309 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 5th day of February, 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 heard the
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Ord. No. 2000M-254
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 Office &
Professional (OP) 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 5th day of February,
2024; and
WHEREAS, on the 26th day of February, 2024, 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 Office & Professional (OP)
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 Office & Professional
(OP) 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:
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Legal Description: Parcel 1: being described as a tract or parcel containing
4.190 acres of land situated in the W.D.C Hall Survey, Abstract Number 70,
Harris County, Texas; being out of a called 8.031-acre tract of land conveyed to
Golden Rule Services Inc. as described by deed recorded under Brazoria C ounty
Clerk’s File (B.C.C.F) Number 2011023182; Parcel 2: being a tract or parcel
containing 2.119 acres of land situated in the W.D.C Hall Survey, Abstract
Number 70, Harris County, Texas; being out of a called 8.031 -acre tract of land
conveyed to Golden Rule Services Inc. as described by deed recorded under
Brazoria County Clerk’s File (B.C.C.F) Number 2011023182.
General Location: 3801 Liberty Drive, 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 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.
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Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 26th day of February 2024.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 4th
day of March 2024.
________________________
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
Parcel 1: being described as a tract or parcel containing 4.190 acres of land situated in
the W.D.C Hall Survey, Abstract Number 70, Harris County, Texas; being out of a called
8.031-acre tract of land conveyed to Golden Rule Services Inc. as described by deed
recorded under Brazoria County Clerk’s File (B.C.C.F) Number 2011023182; Parcel 2:
being a tract or parcel containing 2.119 acres of land situ ated in the W.D.C Hall Survey,
Abstract Number 70, Harris County, Texas; being out of a called 8.031 -acre tract of land
conveyed to Golden Rule Services Inc. as described by deed recorded under Brazoria
County Clerk’s File (B.C.C.F) Number 2011023182.
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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
February 6, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 23-16
Honorable Mayor and City Council Members:
At their regular meeting on February 5, 2024, the Planning and Zoning Commission considered
the following request:
Request: A request by Mona Malone, applicant, on behalf of JKM5 Liberty LLC., owner,
for approval of a zone change for 6.309 acres of land from Single-Family Residential-2
(R-2) District to Neighborhood Service (NS) District, to wit:
Legal Description: Parcel 1: Being a tract or parcel containing 4.190 acres of land
situated in the W.D.C Hall Survey, Abstract Number 70, Harris County, Texas; being out
of a called 8.031-acre tract of land conveyed to Golden Rule Services Inc. as described
by deed recorded under Brazoria County Clerk’s File (B.C.C.F) Number
2011023182. Parcel 2: Being a tract or parcel containing 2.119 acres of land situated in
the W.D.C Hall Survey, Abstract Number 70, Harris County, Texas; being out of a called
8.031-acre tract of land conveyed to Golden Rule Services Inc. as described by deed
recorded under Brazoria County Clerk’s File (B.C.C.F) Number 2011023182.
General Location: 3801 Liberty Drive, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on February 5, 2024. The applicant was present and
stated the owner plans to continue using the property to house non-profit adult and child
daycare facilities. The zone change is being requested to allow for a third day care to submit a
Conditional Use Permit (CUP) to occupy the second floor of the property. The applicant stated
the property owner wants to beautify the property, maintain it, and bring it into compliance with
the zone change.
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There were two adjacent residents who spoke on the requests. One of the adjacent residents
was against the request and requested that it remain the single-family zoning. The other
adjacent resident was neither for nor against the request but had concerns due to the future use
and increased traffic in the area.
Staff recommended a downgrade of the proposed zoning from NS to the Office & Professional
(OP) District. The Commission and staff discussed the difference in allowed uses between the
NS and OP District and if the proposed child day care is allowed in OP. Staff stated that a CUP
may be submitted to allow for a child day care in OP. The applicant stated they would be fine to
proceed with the recommendation of the OP District. The property owner stated that they would
be renovating the inside of the buildings, but not expanding the buildings on the property. The
Commission, staff, and the applicant discussed the process moving forward with the zone
change and the CUP.
After discussion, the Commission agreed with staff's recommendation or approve an OP zoning
instead of the requested NS zoning. The Commission made a motion to recommend approval of
the amended zone change from R-2 to OP and the motion passed by a vote of 4-0. The vote by
the Commission constitutes a positive recommendation for Council. With the P&Z
recommending a less intense zoning district than sought by the applicant, a super-majority
vote is required by City Council. (Section 2.2.1.3. (h) 3)
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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