R2023-CUP23-18 2023-11-13RESOLUTION R2023- CUP23-18
A Resolution No. R2023-CUP23-18 - A Resolution of the City Council of the
City of Pearland, Texas, approving a Conditional Use Permit (CUP) to deviate
from the transparency requirements, within the Old Town-General
Business (OT-GB) District, on approximately 3.84 acres of land, being
described as Unrestricted Reserve “A” of Alvin Community College Pearland
Campus Plat, a subdivision in Brazoria County, Texas, according to the filed
plat recorded in County Clerk’s File No. 2016010752 in the Plat Records of
Brazoria County, Texas (located 2319 North Grand Boulevard, Pearland,
TX). Conditional Use Permit Application No CUP23-18, to deviate from the
transparency requirements, within the Old Town-General Business (OT-GB)
District, at the request of Yasin Ansari, applicant, on behalf of South Texas
Educational Technologies, owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
WHEREAS, Yasin Ansari, applicant, on behalf of South Texas Educational
Technologies, owner, is requesting approval of a Conditional Use Permit (CUP) to deviate
from the transparency requirements within the Old Town-General Business (OT-GB)
District, on approximately 3.84 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 16th day of October 2023, 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
provided a recommendation letter with input and discussion attached hereto as Exhibit
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“D”; and
WHEREAS, on the 13th day of November 2023, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Yasin Ansari, applicant, on behalf of South Texas Educational Technologies, owner, is
requesting approval of a Conditional Use Permit (CUP) to deviate from the transparency
requirements within the Old Town-General Business (OT-GB) 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 Old Town -
General Business (OT-GB) District, is hereby granted a Conditional Use Permit (CUP) to
deviate from the transparency requirements, 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: Unrestricted Reserve “A” of Alvin Community College
Pearland Campus Plat, a subdivision in Brazoria County, Texas, according to the
filed plat recorded in County Clerk’s File No. 2016010752 in the Plat Records of
Brazoria County, Texas.
General Location: 2319 North Grand Boulevard, Pearland, TX.
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
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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.
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PASSED, APPROVED, and ADOPTED on this day, the 13th day of November 2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Unrestricted Reserve “A” of Alvin Community College Pearland Campus Plat, a
subdivision in Brazoria County, Texas, according to the filed plat recorded in County
Clerk’s File No. 2016010752 in the Plat Records of Brazoria County, 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 17, 2023
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 23-18
Honorable Mayor and City Council Members:
At their regular meeting on October 16, 2023, the Planning and Zoning Commission considered
the following:
Request: Unrestricted Reserve “A” of Alvin Community College Pearland Campus Plat, a
subdivision in Brazoria County, Texas, according to the filed plat recorded in County
Clerk’s File No. 2016010752 in the Plat Records of Brazoria County, Texas.
General Location: 2319 North Grand Boulevard, Pearland, TX.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on October 16, 2023. The applicant was present during the meeting and
was available to answer questions. There was one speaker from the public who requested
clarification if the little red building on the corner was proposed to be torn down, and whether
windows would be located on the Park Avenue side of the building. The Commission and staff
discussed the demolition of the existing building, the requirement for windows along Park Avenue,
and whether the building to be torn down is a historic building. Staff stated that a local historical
marker is located at the front of the building along Grand Boulevard. The applicant stated that the
gymnasium is needed to provide a place for the children to play that is UIL compliant. Commission
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and staff further discussed the option that a condition may be added that if the building is
considered a historical building that the CUP is not approved.
After discussion, the Commission took a motion to recommend approval of the requested CUP
with the condition to not approve the CUP if a historically designated building will be torn down
during the construction process 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:
CUP 23-18 (Deviation from Old Town Transparency Requirement)
Assistant Director Griggs presented the staff report with exhibits. Assistant Director Griggs
explained section 2.4.3.4(c)(7) of the UDC that pertains to this CUP application. Assistant Director
Griggs stated that the CUP application conforms to all the criteria of the UDC for approval. Staff
recommends approval.
Applicant, Yasin Ansari at 2401 Emma Drive, Pearland, Texas 77581, was in attendance in-
person in Council Chambers to answer any questions for the P&Z Commission.
Chairperson Isenberg called for public input.
Resident, Wayne Jones at 2237 North Park Avenue, Pearland, Texas 77581, He stated that he
lives in the residential area to the north of this property. Mr. Jones asked if the little red building
on the corner will be torn down. He stated that he asked Mayor Cole that question and he stated
that nothing would be torn down. Mr. Jones stated that the pictures shown during the staff report
show that it will have to be torn down. He asked which side of the gymnasium the windows will
be on and if they will be on Park Avenue.
Vice Chairperson Henrichs asked staff which direction the windows from the gymnasium will face.
Assistant Director Griggs showed the site plan and the proposed elevation along Broadway
Street. Vice Chairperson Henrichs asked staff if the existing building would be demolished.
Assistant Director Griggs stated that the applicant has stated that they do want to remove the
existing building. Vice Chairperson Henrichs asked if there would be any windows located on the
Park Avenue side. Planner I Bauer stated that the applicant is still working on elevations, but Park
Avenue is a public street so they would be required to follow the deviations requested through
this CUP. Planner I Bauer stated that the stands are supposed to be located on that side, so they
probably will not have storefront windows on that side due to the stands. Commissioner Dansby
asked if the building being torn down is a historical building. Assistant Director Griggs stated that
the whole building is considered historical and has a local historical marker on the front of the
building. Mr. Ansari stated that they are not tearing down a historical building, just the small
building that is currently being used for storage. He stated that the school currently has 450
students and there is nowhere for them to play, and they need this gymnasium for UIL.
Commissioner Dansby and Mr. Ansari confirmed which building will be removed. Deputy City
Attorney Provins stated that it is possible to approve the CUP with the condition that if the building
is considered a historical building that the CUP is not approved. Commissioner Fuertes stated
that he would like to define the term historical building. Deputy City Attorney Provins stated that
in 1999 some buildings in Old Townsite by the Texas Historic Landmark, but it could be verified
prior to the City Council Meeting.
No further discussion from Staff, P&Z Commission or Public input.
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Chairperson Isenberg read into the record the items on Consideration and Possible Action –
Conditional Use Permit Application: CUP 23-18. Vice Chairperson Henrichs made the motion to
approve the CUP with the condition to not approve the CUP if a historically designated building
will be torn down during the construction process, Commissioner Dansby seconded the
motion.
Motion passed 5-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Assistant Director, Community Development
On behalf of the Planning and Zoning Commission
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