Ord. 2000M-258 2024-07-22
Ordinance No. 2000M-258
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 “A”, in Block 1, Final Plat of Province Village Lot “A” Replat No. 1, a
subdivision of 1.707 acres of land in the City of Pearland, Texas, according
to the map or plat recorded in County Clerk’s File No. 2014038140 the Plat
Records of Brazoria County, Texas (located at 2701 Pearland Parkway,
Pearland, Texas). Zone Change Application No. ZONE 24-10, a request
by Mo Khalil, applicant, on behalf of 2701 Partner, LLC., owner, for approval
of amendments to the Province Village Planned Development, on
approximately 1.707 acres of land; 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, Mo Khalil, applicant, on behalf of 2701 Partner, LLC., owner, is
requesting approval of amendments to the Province Village Planned Development on
approximately 1.707 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 3rd day of June, 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
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 amendments to the Province Village Planned Development, said
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Ord. No. 2000M-258
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 3rd day of June, 2024;
and
WHEREAS, on the 24th day of June, 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 amendments to the
Province Village Planned Development attached hereto and made a part hereof for all
purposes as Exhibit “E”, 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 Province
Village Planned Development, is hereby granted approval for amendments, 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 “A”, in Block 1, Final Plat of Province Village Lot “A”
Replat No. 1, a subdivision of 1.707 acres of land in th e City of Pearland, Texas,
according to the map or plat recorded in County Clerk’s File No. 2014038140 the
Plat Records of Brazoria County, Texas.
General Location: 2701 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-258
PASSED, APPROVED, and ADOPTED on First Reading this 24th day of June 2024.
________________________
J.KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd
day of July 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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Ord. No. 2000M-258
Exhibit “A”
Legal Description
Lot “A”, in Block 1, Final Plat of Province Village Lot “A” Replat No. 1, a subdivision of
1.707 acres of land in the City of Pearland, Texas, according to the map or plat
recorded in County Clerk’s File No. 2014038140 the Plat Records of Brazoria County,
Texas.
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Ord. No. 2000M-258
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
June 4, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 24-10
Honorable Mayor and City Council Members:
At their regular meeting on June 3, 2024, the Planning and Zoning Commission considered the
following request:
Public Hearing: A request by Mo Khalil, applicant, on behalf of 2701 Partner, LLC.,
owner, for approval of amendments to the Province Village Planned Development, on
approximately 1.707 acres of land, to wit:
Legal Description: Lot “A”, in Block 1, Final Plat of Province Village Lot “A” Replat No.
1, a subdivision of 1.707 acres of land in the City of Pearland, Texas, according to the
map or plat recorded in County Clerk’s File No. 2014038140 the Plat Records of
Brazoria County, Texas.
General Location: 2701 Pearland Parkway, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on June 3, 2024. The applicant was not present at the
meeting. There was no comment from the public. The commission and staff discussed the
proposed use and if other similar uses should be added to the list of allowable uses in the PD.
Staff stated that it was suggested to the applicant to add other appropriate uses to the PD, but
the applicant was able to move faster on their current request.
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After discussion, the Commission made a motion to recommend approval of the requested
amendments to the Province Village PD and the motion passed by a vote of 6-0. 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
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Province Village
Planned Unit Development
PROPOSED Amendment
No.5
City of Pearland
City Council
&
Planning &Zoning Commission
Submitted on behalf of:
2701 PARTNER,LLC
407 South Friendswood Drive
Friendswood,TX 77546
Prepared by:Christina Redman
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PROVINCE VILLAGE PD AMENDMENT NO.5
TABLE OF CONTENTS
I.INTRODUCTION………………….…………………………………….………2
a.Site Description
b.Proposed Development
c.Description of Land
d.Purpose
II.ZONING AND LAND USES…….……………….……………………………...2
a.Existing Base Zoning Districts
b.Proposed Zoning
c.General Standards and Permitted Uses
d.Land Use Summary
III.DESIGN STANDARDS APPLICABLE TO THE DEVELOPMENT…..…...…5
Specific Design Standards
a.Building Architecture
b.Signage and Landscaping
c.Fencing and Screening
d.Unified Development Code
IV.REQUIRED DEDICATION…..………………………………………………….6
V.PHASING ……………….……………………………………………………….6
VI.EXHIBITS.……………………………………………………………………….7
a.Legal Descriptions
VII.APPENDIX
a.Original Approved PD,June 13,2005
b.PD Amendment No.1,December 14,2009
c.PD Amendment No.2,June 23,2014
d.PD Amendment No.3,October 13,2014
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I.Introduction
a.Site Description
There are no changes proposed to the Site Description.
b.Description of Proposed Development
This proposed 5th Amendment to Privince Village Planned Unit Development is
limited to that certain tract of land consisting of approximately 1.67 acres at 2701
Pearland Parkway (“Subject Tract”).Any and all other land within the Province
Village Planned Unit Development remains subject to the provisions,restrictions
and conditions set forth in the original Province Village Planned Unit
Development and as further amended by Amendment #1 adopted in 2009,
Amendment #2 adopted in 2014,Amendment #3 adopted in 2014 and
Amendment #4 adopted in 2021.The purpose of this proposed Amendment #5 is
to change the underlying zoning of the Subject Tract to allow for a math tutoring
center.
c.Description of the Land
The Subject Tract is approximately 1.707 acres of land,bounded on the west by
Pearland Parkway,on the north by Province Village Drive,on the south by the
Lowe’s Home Center zoned General Business,and on the east by vacant land
which is part of the Province Village PUD with and underlying zoning of Office
Professional.
d.Purpose
The purpose of this proposed amendment is to change the underlying zoning of
the Subject Tract to all for a math tutoring center.The tenant for which the
owner of the Subject Tract is pursuing this amendment is Mathnasium.This
proposed amendment is intended to limit the acceptable math tutoring center
business to those similar in type and quality to Mathnasium.Mathnasium is a
math tutoring center offering tutoring services to students after school hours for a
fee.Mathnasium is a best-in-class operating and invests heavily in the
construction of their space.Furthermore,all tutoring classes take place indoors in
the late afternoon and early evening hours.
The owners of the Subject Tract firmly believe this high-end brand will be a great
reflection of and amenity to Province Village.
II.Zoning and Land Uses
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a.Existing Zoning
All properties within the PUD have underlying zoning classifications of Office
Professional,General Business,and R-4 Single Family Residential.The Subject
Tract is currently designated as General Business.
b.Proposed Zoning
The General Business designation of the Subject Tract is proposed to be amended
to allow for a math tutoring center.Such amendment shall only apply to the
Subject Tract.
c.General Standards and Permitted Uses
Unless specifically defined herein,the Subject Tract will conform to the
requirements of the Unified Development Code for General Business uses and
further limited to those uses described below:
Accessory &Incidental Uses
Accessory Structure (Business or Industry)
Off-Street Parking Incidental to Residential Main Use
Off-Street Parking Incidental to Nonresidential Main Use
Social &Recreational Building,including homeowner ’s association
neighborhood recreation centers
Onsite Detention Facility
Office Uses
Clinical,Medical or Dental
Credit Agency
Financial Institution (No Motor Bank Services)
Financial institution (With Motor Bank Services)
Financial Services (Advice/Invest)
Insurance Agency Offices
Office,Brokerage Services
Office,Legal Services
Office,Medical/Dental {Defined Under Medical Facilities}
Office,Professional and General Business (other than those listed)
Office,Real Estate
Security Monitoring Company (No Outside Storage)
Travel Agency,Bureau or Consultant
Personal &Business Service Uses
Automatic Teller Machine (ATM)
Barber/Beauty Shop/Tanning Studios (No Related School/College)
Mailing Service (Private)
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Pharmacy (Retail Only)
Seamstress or Dressmaker (Retail Only)
Studio or Learning Center for Fine or Performing Arts
Retail &Business Service Uses
Antique Shop (No outside storage)
Art Supply Store
Bakery or Confectionery Shop (Retail Sales,Inside Service Only)
Book/Stationery Shop (Retail Only)
Camera Shop (Retail Only)
Copy/Printing Shop
Drapery/Blind Shop
Florist Shop (Retail Only)
Gift or Card Shop (Retail Only)
Gym/Health Club (Physical Fitness;Indoors Only)
Handicraft &Art Object Sales Shop
Ice Cream/Yogurt Shop (for On-or Of-Site Consumption)
Optical Shop
Paint,Wallpaper Shop (Retail Only)
Pharmacy/Drug Store (Retail Only)
Retail Shops,Apparel,Accessories,Gifts &Similar Goods (Other than those
listed:No Outside Storage)
Restaurant
Fast Food –No Drive-Through Facility
Full Serve –No Drive-Through Facility
Furniture (including mattress)Sales
Jewelry Sales
Utility Related Service Uses
Satellite Dish (Private,less than 4’in diameter){See Telecommunications Regs.
Chapter 2,Art.5 Div.5 of UDC)
Telephone Business Office
Commercial &Related Service Uses
Contractor ’s Temporary On-Site Construction Office (only with permit from
B.O.)
d.Land Use Summary
There are no changes proposed to the Land Use Summary.
III.DESIGN STANDARDS APPLICABLE TO THE DEVELOPMENT
Specific Design Standards
e.Building Architecture
There are no changes proposed to this Section.
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f.Signage and Landscaping
There are no changes proposed to this Section.
g.Fencing and Screening
There are no changes proposed to this Section.
h.Unified Development Code
There are no changes proposed to this Section.
IV.REQUIRED DEDICATION
There are no changes proposed to this Section.
VIII.PHASING
There are no changes proposed to this Section.
IX.EXHIBITS
a.Legal Description
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Legal Description
Being all of Lot “A”,Block 1 of Province Village Replat No.1,an addition in the City of
Pearland,Brazoria County,Texas,as recorded in the plat recorded in the County Clerk’s
File No.2014038140 in the Plat Records of Brazoria County,Texas.
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