R2022-CUP22-05 2022-05-09RESOLUTION R2022- CUP22-05
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Dwelling - Single-Family Detached use
within the Old Townsite Mixed Use (OT-MU) District, to accommodate
three (3) detached dwelling units on three separately platted lots totaling on
0.2869 acres of land; being all of Lots 1, 2 & 3, Block 1 of Park Avenue Place,
an addition in the City of Pearland, Brazoria County, Texas, according to the
plat recorded in County Clerk’s File No. 2018003429, in the Official Plat
Records of Brazoria County, Texas (located at 2529, 2531 & 2533 Park
Avenue, Pearland, Texas). Conditional Use Permit Application No CUP22-
05, for Dwelling - Single-Family Detached use within the Old Townsite Mixed
Use (OT-MU) District, at the request of Shahin Khatami, applicant, on behalf
of Jose Majia, owner, containing a savings clause, a severability clause, and
an effective date and other provisions related to the subject.
WHEREAS, Shahin Khatami, applicant, on behalf of Jose Majia, owner, is
requesting approval of a Conditional Use Permit (CUP) for Dwelling - Single-Family
Detached use within the Old Townsite Mixed Use (OT-MU) District, on approximately
0.2869 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 4th day of April 2022, 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,
finds that in the case of the application of Shahin Khatami, applicant, on behalf of Jose
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Majia, owner, for approval of a Conditional Use Permit (CUP) for Dwelling - Single-Family
Detached use within the Old Townsite Mixed Use (OT-MU) District; presented which, in
the judgment of the Planning and Zoning Commission have provided input and
discussion; and
WHEREAS, on the 25th day of April 2022, the City Council having fully heard the
testimony and argument of all interested parties, and having been fully advertised in the
premises, finds that in the case of the application of Shahin Khatami, applicant, on behalf
of Jose Majia, owner, for approval of a Conditional Use Permit (CUP) for Dwelling - Single-
Family Detached use within the Old Townsite Mixed Use (OT-MU) 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 Old Townsite
Mixed Use (OT-MU) District, is hereby granted a Conditional Use Permit (CUP) for
Dwelling - Single-Family Detached 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: Being all of Lots 1, 2 & 3, Block 1 of Park Avenue Place,
an addition in the City of Pearland, Brazoria County, Texas, according to
the plat recorded in County Clerk’s File No. 2018003429, in the Official Plat
Records of Brazoria County, Texas.
General Location: 2529, 2531 & 2533 Park Avenue, Pearland, Texas.
Conditions of Approval:
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1. The applicant shall provide rear-loaded garages with access from the
alley. Development of the property shall be coordinated with adjacent
developer to ensure timing of improvements.
2. The applicant shall design their plan to utilize the regional storm
water drainage system and coordinate construction of their
improvements with the adjacent developer.
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 Resolution shall become effective after its passage and
approval.
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PASSED, APPROVED, and ADOPTED on this day, the 9th day of May 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
LESLIE CRITTENDEN
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit A
Legal Description
Being all of Lots 1, 2 & 3, Block 1 of Park Avenue Place, an addition in the City of
Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk’s File
No. 2018003429, in the Official Plat Records of Brazoria County, Texas.
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Exhibit B
Vicinity Map
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Exhibit C
Notification
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