Ord. 2000M-244 2022-12-12
Ordinance No. 2000M-244
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; 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 the
northwest and southwest corners of Veterans Road and Springfield
Ave). Zone Change Application No. ZONE 22-31, 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 Single-family
Residential-4 (R-4) 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 for a zone change from General Business (GB) to Single-
family Residential-4 (R-4) District on four (4) tracts of land totaling approximately 5.72
acres; 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 21st day of November 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
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Ord. No. 2000M-244
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 General Business (GB) to Single-family Residential-4 (R-4)
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 21st day of November
2022; and
WHEREAS, on the 5th day of December, 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 of a zone
change from General Business (GB) to Single-family Residential-4 (R-4) 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 Retail (GB) District, is hereby granted approval for Single-family Residential-4
(R-4) District, in accordance with all conditions and requirements of the current Unified
Development Code and the amendments approved by the City Council; and such
property being more particularly described as:
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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
benefit of the City.
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Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
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Ord. No. 2000M-244
PASSED, APPROVED, and ADOPTED on First Reading this 5th day of December
2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 12th
day of December 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
November 22, 2022
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 22-31
Honorable Mayor and City Council Members:
At their regular meeting on November 21, 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 Single-family Residential-4
(R-4) 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 Commission conducted a public hearing and discussed the subject request at their regular
meeting on November 21. The applicant was present during the meeting and was available to
answer questions. There were four (4) speakers during the public hearing of whom three (3)
spoke against the request. Their comments were focused drainage, flooding, and increased
traffic in the area. After a discussion of these issues with staff, the Commission took a motion to
recommend approval of the request and the motion passed by a vote of 5-1, with Commissioner
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Earles voting against the request. The vote by the Commission constitutes a positive
recommendation for Council.
Sincerely,
Mohamed A. Bireima, AICP, Senior Planner
On behalf of the Planning and Zoning Commission
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