HomeMy WebLinkAboutR2025-CUP2025-0432 20251110RESOLUTION R2025- CUP2025-0432
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Food Store/Supermarket use within the
Neighborhood Services (NS) District, on approximately 0.8199 acres of
land, being a tract or parcel containing 0.8199 acre (35,718 square feet) of
land situated in the W.D.C. Hall Leage, Abstract Number 70, Brazoria County,
Texas; being all of a called 0.613 acre tract of record in the name of 2011
Property, Inc., in Brazoria County Clerk’s File (B.C.C.F.) Number 2024035106
and all of a called 0.2673 acre tract of record in the name of 2011 Property,
Inc., in B.C.C.F. Number 2024045816; Saif 0.8199 acre tract also being out of
and a part of Commercial Reserve in Vie Villa, a subdivision duly of record in
Volume 14, Page 60, in the Plat of Records of Brazoria County (B.C.P.R.),
Texas (located at the northwest corner of Yost Boulevard and Broadway
Street, Pearland, Texas). Conditional Use Permit No. CUP2025-0432, for
a Food Store/Supermarket use within the Neighborhood Services (NS)
District, at the request of Hamad Elsaadi, applicant, on behalf of 2011
Property, Inc., owner, containing a savings clause, a severability clause, and
an effective date and other provisions related to the subject .
WHEREAS, Hamad Elsaadi, applicant, on behalf of 2011 Property, Inc., owner, is
requesting approval of a Conditional Use Permit (CUP) for a Food Store/Supermarket
use within the Neighborhood Services (NS) District, on approximately 0.8199 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 20th day of October 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
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
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provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
WHEREAS, on the 10th day of November 2025, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Hamad Elsaadi, applicant, on behalf of 2011 Property, Inc ., owner, is requesting
approval of a Conditional Use Permit (CUP) for a Food Store/Supermarket use within the
Neighborhood Services (NS) 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
Neighborhood Services (NS) District, is hereby granted a Conditional Use Permit (CUP)
for a Food Store/Supermarket 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 a tract or parcel containing 0.8199 acre (35,718
square feet) of land situated in the W.D.C. Hall Leage, Abstract Number 70,
Brazoria County, Texas; being all of a called 0.613 acre tract of record in
the name of 2011 Property, Inc., in Brazoria County Clerk’s File (B.C.C.F.)
Number 2024035106 and all of a called 0.2673 acre tract of record in the
name of 2011 Property, Inc., in B.C.C.F. Number 2024045816; Saif 0.8199
acre tract also being out of and a part of Commercial Reserve in Vie Villa,
a subdivision duly of record in Volume 14, Page 60, in the Plat of Records
of Brazoria County (B.C.P.R.), Texas.
General Location: Northwest corner of Yost Boulevard and Broadway
Street, Pearland, Texas.
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Conditions: 1. The exterior lights shall be located so as to not produce any
direct illumination across the bounding property line. All outside lights shall
be comprised of a light source and reflector or shield so that acting together
spillover is controlled and no light will be produced across the property line.
2. Plans will be in substantial conformity to the renderings as shown as a
single-story building.
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.
PASSED, APPROVED, and ADOPTED on this day, the 10th day of November 2025.
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________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Being a tract or parcel containing 0.8199 acre (35,718 square feet) of land situated in the
W.D.C. Hall Leage, Abstract Number 70, Brazoria County, Texas; being all of a called
0.613 acre tract of record in the name of 2011 Property, Inc., in Brazoria Coun ty Clerk’s
File (B.C.C.F.) Number 2024035106 and all of a called 0.2673 acre tract of record in the
name of 2011 Property, Inc., in B.C.C.F. Number 2024045816; Saif 0.8199 acre tract also
being out of and a part of Commercial Reserve in Vie Villa, a subdiv ision duly of record
in Volume 14, Page 60, in the Plat of Records of Brazoria County (B.C.P.R.), Texas.
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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
October 21, 2025
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP2025-0432
Honorable Mayor and City Council Members:
At their regular meeting on October 20, 2025, the Planning and Zoning Commission considered
the following:
Public Hearing: A request by Hamad Elsaadi, applicant, on behalf of 2011 Property,
Inc., owner, for approval of a Conditional Use Permit (CUP) for Food Store/Supermarket
use within the Neighborhood Service (NS) District, on 0.8199 acres of land, to wit:
Legal Description: Being a tract or parcel containing 0.8199 acre (35,718 square feet)
of land situated in the W.D.C. Hall Leage, Abstract Number 70, Brazoria County, Texas;
being all of a called 0.613 acre tract of record in the name of 2011 Property, Inc., in
Brazoria County Clerk’s File (B.C.C.F.) Number 2024035106 and all of a called 0.2673
acre tract of record in the name of 2011 Property, Inc., in B.C.C.F. Number 2024045816;
Saif 0.8199 acre tract also being out of and a part of Commercial Reserve in Vie Villa, a
subdivision duly of record in Volume 14, Page 60, in the Plat of Records of Brazoria
County (B.C.P.R.), Texas.
General Location: Northwest corner of Yost Boulevard and Broadway Street, 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 October 20, 2025. The property owner and applicant were present,
and the applicant discussed the proposed project. There were two members of the public who
spoke in opposition to the project. Prior to the meeting, staff received 19 written public comments
in support and received one phone call in support of the project.
The Commission took a motion to recommend approval of the proposed CUP and the motion
passed by a vote of 5-0. The vote by the Commission constitutes a positive recommendation
for approval by City Council.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
Senior Planner Peterson presented the staff report with exhibits and explained that the request
was for approval of a Conditional Use Permit (CUP) to allow a proposed specialty grocery store
located in the Neighborhood Services (NS) District and the Corridor Overlay District (COD). She
noted that staff received nineteen public comments and one phone call in favor of the request,
reviewed the property history, and outlined the site plan. Ms. Peterson stated that the proposal
met the COD regulations and the criteria outlined in the Unified Development Code (UDC) and
recommended approval with the following condition:
1. The exterior lights shall be located so as not to produce any direct illumination across the
bounding property line. All outside lights shall be comprised of a light source and reflector
or shield so that, acting together, spillover is controlled and no light will be produced across
the property line.
Applicant, Janice Wagner, 22910 Wren Lane, Tomball, Texas 77377, was present in person in
Council Chambers to present the details of the proposed development, the site plan, and
surrounding commercial uses.
Chairperson Isenberg called for public input.
Resident Linda Fertitta, 2101 Roland Rue Street, Pearland, Texas 77581, spoke in opposition,
expressing concerns regarding trash, parking, flooding, and property values.
Resident William Schulze, 2113 Roland Rue Street, Pearland, Texas 77581, spoke in opposition,
citing safety issues, traffic impacts, and the availability of other suitable sites in Pearland.
Discussion among the Planning and Zoning Commissioners focused on the surrounding land
uses, site development requirements, and the location of trash containers.
There was no further discussion from Staff, Planning and Zoning Commission, or public input.
Chairperson Isenberg read into the record the item on Consideration and Possible Action –
Conditional Use Permit Application: CUP2025-0432. Commissioner Fuertes made the motion to
approve the CUP and Commissioner Henrichs seconded the motion.
Commissioner Echols made the motion to amend the approval to include staff’s condition, and
Commissioner Henrichs seconded the motion.
The motion to amend passed 5-0.
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Chairperson Isenberg called for a vote on the amended motion.
Amended motion passed 5-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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