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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 Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 Page 2 of 9 Ord. No. 2000M-274 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 Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 Page 3 of 9 Ord. No. 2000M-274 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 Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 Page 4 of 9 Ord. No. 2000M-274 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 Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 Page 5 of 9 Ord. No. 2000M-274 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. Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 Page 6 of 9 Ord. No. 2000M-274 Exhibit “B” Vicinity Map Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 Page 7 of 9 Ord. No. 2000M-274 Exhibit “C” Legal Advertisement Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 Page 8 of 9 Ord. No. 2000M-274 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 Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3 Page 9 of 9 Ord. No. 2000M-274 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 Docusign Envelope ID: 819DE57A-DA1A-471D-BE1D-72C93FE570B3