HomeMy WebLinkAboutOrd. 2000M-274 20250811Ordinance No. 2000M-274
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 a 3.2816-
acre tract being out of a 8.84 acres of land in the T.D. Yocum Survey,
Abstract 399 & A.C.H.&B Survey, Abstract 147, Brazoria County, Texas.
Said 8.84-acre tract being comprised of two tracts of land, Tract 1, being out
and a part of a called 18.26 acre tract, T ract 2, being all of a called 5.5584
acre tract both of record in the name of 24 AC Pearland Parkway, LLC., in
Brazoria County Clerk’s File (B.C.C.F.) Number 2024000361; save and
except all that certain 5.5584 acres, along the east side of Pearland Parkway
being part of a 27.12 acre tract situated in the T.D. Yocum Survey, Abstract
399 & A.C.H.&B Survey, Abstract 147, Brazoria County, Texas, recorded in
Clerk’s File No. 1993007446 of the Deed Records of Brazoria County,
Texas (located along the East side of Pearland Parkway, North of the
John Lizer Road, Pearland, Texas). Zone Change Application No.
ZON2025-0210, a request by Nick Motamedi, applicant, on behalf of 24 AC
Pearland Parkway, LLC., owner, for approval of a zone change for 3.2816
acres of land from Single-Family Residential-1 (R-1) District to General
Business (GB) District; providing for an amendment of the zoning district
map; containing a savins clause, and an effective date and other provisions
related to the subject.
WHEREAS, Nick Motamedi, applicant, on behalf of 24 AC Pearland Parkway,
LLC., owner, is requesting approval of a zone change for 3.2816 acres of land from
Single-Family Residential-1 (R-1) District to General Business (GB) District; 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 July, 2025, 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 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-1 (R-1) District to General
Business (GB) 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 July, 2025;
and
WHEREAS, on the 28th day of July, 2025, 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-1 (R-1) District to General Business (GB) 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-1 (R-1) District, is hereby granted approval for General Business
(GB) District, in accordance with all conditions and requirements of the current Unified
Development Code and the amendments approved by the City Council; and such
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property being more particularly described as:
Legal Description: A 3.2816-acre tract being out of a 8.84 acres of land in the
T.D. Yocum Survey, Abstract 399 & A.C.H.&B Survey, Abstract 147, Brazoria
County, Texas. Said 8.84-acre tract being comprised of two tracts of land, Tract
1, being out and a part of a called 18.26 acre tract, Tract 2, being all of a called
5.5584 acre tract both of record in the name of 24 AC Pearland Parkway, LLC.,
in Brazoria County Clerk’s File (B.C.C.F.) Number 2024000361; save and except
all that certain 5.5584 acres, along the east side of Pearland Parkway being part
of a 27.12 acre tract situated in the T.D. Yocum Survey, Abstract 399 &
A.C.H.&B Survey, Abstract 147, Brazoria County, Texas, recorded in Clerk’s File
No. 1993007446 of the Deed Records of Brazoria County, Texas.
General Location: East side of Pearland Parkway, North of the John Lizer Road,
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
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benefit of the City.
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 28th day of July 2025.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 11th
day of August 2025.
________________________
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
A 3.2816-acre tract being out of a 8.84 acres of land in the T.D. Yocum Survey,
Abstract 399 & A.C.H.&B Survey, Abstract 147, Brazoria County, Texas. Said 8.84 -acre
tract being comprised of two tracts of land, Tract 1, being out and a part of a called
18.26 acre tract, Tract 2, being all of a called 5.5584 acre tract both of record in the
name of 24 AC Pearland Parkway, LLC., in Brazoria County Clerk’s File (B.C.C.F.)
Number 2024000361; save and except all that certain 5.5584 acres, along the east side
of Pearland Parkway being part of a 27.12 acre tract situated in the T.D. Yocum Survey,
Abstract 399 & A.C.H.&B Survey, Abstract 147, Brazoria County, Texas, recor ded in
Clerk’s File No. 1993007446 of the Deed 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
July 8, 2025
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZON2025-0210
Honorable Mayor and City Council Members:
At their regular meeting on July 7, 2025, the Planning and Zoning Commission considered the
following request:
Public Hearing: A request by Nick Motamedi, applicant, on behalf of 24 AC Pearland
Parkway, LLC., owner, for approval of a zone change for 3.2816 acres of land from
Single-Family Residential-1 (R-1) to General Business (GB) District, to wit:
Legal Description: A 3.2816-acre tract being out of a 8.84 acres of land in the T.D.
Yocum Survey, Abstract 399 & A.C.H.&B Survey, Abstract 147, Brazoria County, Texas.
Said 8.84-acre tract being comprised of two tracts of land, Tract 1, being out and a part
of a called 18.26 acre tract, Tract 2, being all of a called 5.5584 acre tract both of record
in the name of 24 AC Pearland Parkway, LLC., in Brazoria County Clerk’s File (B.C.C.F.)
Number 2024000361; save and except all that certain 5.5584 acres, along the east side
of Pearland Parkway being part of a 27.12 acre tract situated in the T.D. Yocum Survey,
Abstract 399 & A.C.H.&B Survey, Abstract 147, Brazoria County, Texas, recorded in
Clerk’s File No. 1993007446 of the Deed Records of Brazoria County, Texas.
General Location: East side of Pearland Parkway, North of the John Lizer Road,
Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change at their regular meeting on July 7, 2025. Applicant was in attendance and provided a
short presentation. There was one (1) public speaker in opposition to the requested zone
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change. The concerns of the speaker included flooding concerns and whether more commercial
is needed at this location. The Commission discussed development regulations for detention,
the existing trees on the property, platting of the property, an d feasibility of developing on the
proposed 8.84-acre tract.
After discussion, the Commission took a motion to recommend approval of the proposed zone
change and the motion passed by a vote of 7-0. The vote by the Commission constitutes
a positiverecommendation for Council approval.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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