R2024-CUP24-03 2024-04-22RESOLUTION R2024- CUP24-03
Consideration and Possible Action - Resolution No. R2024-CUP24-03 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Child Day Care Center (Business) use
within the Office & Professional (OP) District, to accommodate a Child Day
Care Center, on approximately 6.309 acres of land, being 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 (located at 3801 Liberty Drive,
Pearland, TX). Conditional Use Permit Application No CUP24-03, for a Child
Day Care Center (Business) use, within the Office & Professional (OP) District,
at the request of Mona Malone, applicant, on behalf of Jerome Karam, owner,
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 Jerome Karam, owner, is
requesting approval of a Conditional Use Permit (CUP) for a Child Day Care Center
(Business) use within the 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 1st day of April 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
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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 April 2024, the City Council having fully heard the
testimony and argument of all interested parties finds that in the case of the application
of Mona Malone, applicant, on behalf of Jerome Karam, owner, is requesting approval of
a Conditional Use Permit (CUP) for a Child Day Care Center (Business) use within the
Office & Professional (OP) District; presented which, in the judgment of the City Council,
would justify the approval of said application; now, the refore,
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 w ithin the Office &
Professional (OP) District, is hereby granted a Conditional Use Permit (CUP) for a Child
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: 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.
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General Location: 3801 Liberty Drive, 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 Reso lution shall become effective after its passage and
approval
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PASSED, APPROVED, and ADOPTED on this day, the 22nd day of April 2024.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
_______________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
_______________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
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.
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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 2, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-03
Honorable Mayor and City Council Members:
At their regular meeting on April 1, 2024, the Planning and Zoning Commission considered the
following:
Public Hearing: A request by Mona Malone, applicant, on behalf of Jerome Karam,
owner, for approval of a Conditional Use Permit (CUP) for a Child Day Care Center
(Business) use within the Office & Professional (OP) District, on approximately 6.309
acres of land, 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.
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The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on April 1, 2024. The applicant was present to answer any questions and
requested for the CUP to be expanded to include all the spaces in both buildings on the
property. There were no speakers from the public for or against the request. The Commission
discussed parking for the site, impact to traffic, and improvements that will be required for the new
use.
After discussion, the Commission made an amended motion to accommodate the applicant's
request for the CUP to apply to both existing buildings. The Commission made a motion to
recommend approval of the request with the amended motion and the motion passed by a vote
of 7-0. The vote by the Commission constitutes a positive recommendation for Council approval.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
CUP 24-03 (Child Day Care Center (Business))
Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku discussed
that the Conditional Use Permit (CUP) is for a child daycare business use located on the
second floor of the Golden Rule Services adult daycare within the Office & Professional (OP)
District. Senior Planner Buaku stated that staff has not received public comments for or against
the proposal and the applicant requested the CUP to include the entire property. Senior Planner
Buaku stated that the CUP application meets all criteria of the Unified Development Code
(UDC), and staff recommends approval.
Applicant, Mona Malone at 4303 Waterfall Cove, Pasadena, Texas 77081, was in attendance
in-person in Council Chambers to present to the P&Z Board. Ms. Malone stated the CUP is
consistent with the uses of the building and requested the CUP cover the entire property. Ms.
Malone stated the owner will make significant improvements to the building, installation of
elevator, additional parking, and there would be no expansion on the property. Ms. Malone
stated that she is present for any further questions from the P&Z Commission.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner McDonald asked staff about their concerns with additional traffic and the impact
on the neighborhood during the daycare’s peak hours. Deputy Director Griggs responded that
the non-residential use would require site improvements and during the development review
process traffic will be addressed by engineering. Deputy Director Griggs stated that Assistant
City Engineer Reyes will need to address improvements to John Lizer Road. Assistant City
Engineer Reyes stated that engineering will request a Traffic Impact worksheet to determine the
need of a Traffic Impact Analysis (TIA) for the addition of the business. Deputy Director Griggs
stated that it may designate alternate opening times to reduce traffic on John Lizer Road.
Deputy Director Griggs stated that the applicant requested the CUP be for the entire site and
the Commission only approved for the single building that there would be an amendment
required. Deputy City Attorney Provens asked staff if the public hearing notice included the
entire site. Deputy Director Griggs stated the owner notification was the same legal description.
Deputy City Attorney Provens stated you make a motion to amend to include the entire
property. Commissioner Dugas asked staff if it would include everything except building A
because the total property is 8 acres. Deputy Director Griggs stated that it was just for the
commercially zoned property.
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There was no further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the item on Consideration and Possible Action –
Conditional Use Permit Application: CUP 24-03. Commissioner Fuertes made the motion to
approve the CUP, Commissioner Kuhn seconded the motion.
Commissioner Fuertes made the amendment to the original motion to include the additional
acreage to allow flexibility within the two existing buildings zone OP to include the CUP, and
Commissioner Kuhn seconded the motion.
Motion passed 7-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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