Ord. 2000M-232 2022-09-26_FailedOrdinance No. 2000M-232
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 Reserve “A”,
Block 1 and Reserve “B”, Block 2 of the Westwood Village Subdivision,
Section 1, a subdivision in the City of Pearland, Brazoria County, Texas,
according to the Final Plat recorded in Volume 17, Page 135-136 in the
Official Plat Records of Brazoria County, Texas; and also being Reserve “C”,
Block 4 and Reserve “D”, Block 3 of the Westwood Village Subdivision,
Section 5, a subdivision in the City of Pearland, Brazoria County, Texas,
according to the Final Plat recorded in Volume 17, Page 343-344 in the
Official Plat Records of Brazoria County, Texas (located at the Northeast
and Southeast Corners of McLean and Springfield Ave. and Northwest
and Southwest Corners of Veterans Road and Springfield Ave). Zone
Change Application No. ZONE 22-18, a request by Sameer Gulamani &
Karim Pirani, applicant, on behalf of Fric Inc., owner, for approval of a zone
change from General Business (GB) to Townhome (TH) District on four
(4) tracts of land totaling approximately 5.72 acres; 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, Sameer Gulamani & Karim Pirani, applicant, on behalf of Fric Inc.,
owner, is requesting approval of a zone change from General Business (GB) to
Townhome (TH) District on four (4) tracts of land totaling approximately 5.72 acres on
the following described property; 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 15th of August 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
FAILED on 9/26/2022
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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 change in zoning classification from General Business (GB) to Townhome
(TH) 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 15th day of August
2022; and
WHEREAS, on the 12th day of September, 2022, 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 for the
change in zoning classification from General Business (GB) to Townhome (TH) 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 General
Business (GB) District, is hereby granted approval for change in zoning classification to
Townhome (TH) District, in accordance with all conditions and requirements of the
current Unified Development Code and the amendments approved by the City Council;
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and such property being more particularly described as:
Legal Description: Reserves “A” & “B”: Being Reserve “A”, Block 1 and
Reserve “B”, Block 2 of the Westwood Village Subdivision, Section 1, a
subdivision in the City of Pearland, Brazoria County, Texas, according to the
Final Plat recorded in Volume 17, Page 135-136 in the Official Plat Records of
Brazoria County, Texas. Reserves “C” & “D”: Being Reserve “C”, Block 4 and
Reserve “D”, Block 3 of the Westwood Village Subdivision, Section 5, a
subdivision in the City of Pearland, Brazoria County, Texas, according to the
Final Plat recorded in Volume 17, Page 343-344 in the Official Plat Records of
Brazoria County, Texas.
General Location: Northeast and Southeast Corners of McLean and Springfield
Ave. & Northwest and Southwest Corners of Veterans Road and Springfield Ave.
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 12th day of September
2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th
day of September 2022.
________________________
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
Reserves “A” & “B”: Being Reserve “A”, Block 1 and Reserve “B”, Block 2 of the
Westwood Village Subdivision, Section 1, a subdivision in the City of Pearland, Brazoria
County, Texas, according to the Final Plat recorded in Volume 17, Page 135-136 in the
Official Plat Records of Brazoria County, Texas. Reserves “C” & “D”: Being Reserve
“C”, Block 4 and Reserve “D”, Block 3 of the Westwood Village Subdivision, Section 5, a
subdivision in the City of Pearland, Brazoria County, Texas, according to the Final Plat
recorded in Volume 17, Page 343-344 in the Official Plat 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
August 30, 2022
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 22-18
Honorable Mayor and City Council Members:
At their regular meeting on August 15, 2022, the Planning and Zoning Commission considered
the following request:
Request: Sameer Gulamani & Karim Pirani, applicant, on behalf of Fric Inc., owner, for
approval of a zone change from General Business (GB) to Townhome (TH) District on
four (4) tracts of land totaling approximately 5.72 acres.
Legal Description: Reserves “A” & “B”: Being Reserve “A”, Block 1 and Reserve “B”,
Block 2 of the Westwood Village Subdivision, Section 1, a subdivision in the City of
Pearland, Brazoria County, Texas, according to the Final Plat recorded in Volume 17,
Page 135-136 in the Official Plat Records of Brazoria County, Texas. Reserves “C” &
“D”: Being Reserve “C”, Block 4 and Reserve “D”, Block 3 of the Westwood Village
Subdivision, Section 5, a subdivision in the City of Pearland, Brazoria County, Texas,
according to the Final Plat recorded in Volume 17, Page 343-344 in the Official Plat
Records of Brazoria County, Texas.
General Location: Northeast and Southeast Corners of McLean and Springfield Ave. &
Northwest and Southwest Corners of Veterans Road and Springfield Ave.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request. The applicant made a presentation during the meeting discussing their desire
to build townhomes on the four tracts totaling 5.72 acres of land. There were many residents
who attended the meeting sharing their concerns on the development of the property, flooding,
character of the surrounding residences, traffic, and fill mitigation to elevate the property. There
were also some residents in support of the project discussion their desire to limit the intensity of
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development from the currently allowed commercial use to residential. The Commission
discussed the uses allowed in the GB district, other residential types of development, drainage,
floodplain, fill mitigation, and the desire to continue growth of additional housing choices within
Pearland. After discussion, a motion to approve the requested zone change from GB to TH was
approved by a vote of 4-1 with Commissioner Isenberg voting in opposition.
Sincerely,
Mohamed A. Bireima, AICP, Senior Planner
On behalf of the Planning and Zoning Commission