HomeMy WebLinkAboutR2026-CUP2026-0184 20260608RESOLUTION R2026-CUP2026-0184
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Resale/Consignment Shop use on
approximately 2.438 acres of land within the Business Park -288 (BP-288)
District, being a 2.438-acre tract of land, out of Lot 2, Block 1, ZFAM
Properties Pearland, according to the map or plat thereof recorded in County
Clerk’s File Number (C.C.F.#) 2025017408, in the Official Records of Brazoria
County, Texas (O.R.B.C.T.) (located at East of Business Center Drive,
South of Broadway Street, and North of Magnolia Parkway, Pearland,
Texas) Conditional Use Permit No. CUP2026-0184, for Resale/Consignment
Shop use on approximately 2.438 acres of land within the Business Park -288
(BP-288) District at the request of Dana Garnett, applicant, on behalf of
Ahmadali Virani, owner, containing a savings clause, a severability clause,
and an effective date and other provisions related to the subject.
WHEREAS, Dana Garnett, applicant, on behalf of Ahmadali Virani, owner , is
requesting approval of a Conditional Use Permit (CUP) for Resale/Consignment Shop
use on approximately 2.438 acres of land within the Business Park-288 (BP-288)
District, on approximately 2.438 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 19th day of May 2026, 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 8th day of June 2026, the City Council having fully heard the
testimony and argument of all interested parties finds that in the case of the application
of Dana Garnett, applicant, on behalf of Ahmadali Virani, owner , is requesting approval
of a Conditional Use Permit (CUP) for Resale/Consignment Shop use on approximately
2.438 acres of land within the Business Park -288 (BP-288) 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 Business
Park-288 (BP-288) District, is hereby granted a Conditional Use Per mit (CUP) for
Resale/Consignment Shop 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: A 2.438-acre tract of land, out of Lot 2, Block 1, ZFAM
Properties Pearland, according to the map or plat thereof recorded in County
Clerk’s File Number (C.C.F.#) 2025017408, in the Official Records of Brazoria
County, Texas (O.R.B.C.T.).
General Location: East of Business Center Drive, South of Broadway Street, and
North of Magnolia Parkway, Pearland, Texas.
Conditions:
1. Two (2) parking lot trees shall be provided in the endcap islands in the row of
parking adjacent to the north-west side of the building. Trees shall be a
minimum three-inch (3'') caliper measured at twelve inches (12'') above the root
ball. Trees shall be evergreen with year-round foliage.
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2. The keeping, displaying, or storing, of any goods, materials, merchandise or
equipment outside of the principal building shall be prohibited. Any material,
debris, or refuse dropped off on site must be located inside the building
immediately or be transfer to the dumpster.
3. The proposed elevations shall substantially conform to the attached "Concept
Elevation" sheet with the requirement that a minimum of twenty -five percent
(25%) of the exterior wall facing Business Center Drive (west elevation) shall
be transparent.
4. The exterior wall facing State Highway 288 shall provide a minimum of eighteen
percent (18%) tinted or spandrel glass as shown on the proposed elevations,
and materials shall substantially conform with those illustrated in the "Concept
Elevation" sheet.
5. No signage shall be permitted to be placed on the spandrel glass facing State
Highway 288.
6. Cross access must be installed between adjoining properties.
7. Wet detention pond with fountain shall be required.
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.
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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 8th day of June 2026.
________________________
QUENTIN WILTZ
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
LAWRENCE G. PROVINS
CITY ATTORNEY
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Exhibit “A”
Legal Description
A 2.438-acre tract of land, out of Lot 2, Block 1, ZFAM Properties Pearland, according to
the map or plat thereof recorded in County Clerk’s File Number (C.C.F.#) 2025017408,
in the Official Records of Brazoria County, Texas (O.R.B.C.T.).
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Exhibit "B"
Vicinity Map
CITY OF PEARLAND
Exhibit 1
Aerial & Zoning Map
CUP2026-0184
East of Business Center Dr.
South of Broadway St.,
North of Magnolia Pkwy.
Resale/Consignment Shop
in BP -288
Legend
Subject Property
Eva prod. i,ro infurn..eonal pryweee.0.03'
have lox or for to..
n trvi:e;uryw.nn..,.�u
MAP PREPARED: MILL 2.
Pri OP PPARLANP PROiE OEPARTAIENT
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Exhibit "C"
Notification
CITY OF PEARLAND
COMMUNITY DEVELOPMENT DEPARTMENT
3523 Liberty Drive, Pearland, Texas 77581
PHONE: 281.652.1770
www.pearlandtx,gov/public-hearings
NOTICE OF PUBLIC HEARING
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber of Pearland City Hall
3519 Liberty Drive, Pearland, Texas
Notice is hereby given that the Planning and Zoning Commission of the City of
Pearland will hold a public hearing on Tuesday, May 19, 2026, at 6:30 p.m.;
and that the City Council of the City of Pearland will hold a public hearing and
resolution adoption on Monday, June 8, 2026, at 6:30 p.m., regarding:
Conditional Use Permit Application: CUP2026-0184
A request by Dana Garnett, applicant, on behalf of Ahmadali Virani, owner, for
approval of a Conditional Use Permit (CUP) for Resale/Consignment Shop use
on approximately 2.438 acres of land within the Business Park -288 (BP -288)
District, to wit:
Legal Description: A 2.438 -acre tract of land, out of Lot 2, Block 1, ZFAM
Properties Pearland, according to the map or plat thereof recorded in County
Clerk's File Number (C.C.F.#) 2025017408, in the Official Records of Brazoria
County, Texas (O.R.B.C.T.).
General Location: East of Business Center Drive, South of Broadway Street,
and North of Magnolia Parkway, Pearland, Texas.
Summary: The applicant proposes constructing a 15,000 square foot
Resale/Consignment Shop, which is open to the public for the purpose of
dropping oft clothing and other apparel items for re -sale and purchasing.
You are receiving this notice because appraisal district
records indicate that you own property within 200 feet of the
subject property identified on the attached map.
You are invited to attend the public hearing and voice your
support or opposition to the above reference request.
If you have comments, please submit a public comment
form using the application number to reference this case.
For more information on this request and your involvement
in the hearing process, please call 281.652.1770.
Scan Me!
Exhibit “D”
Recommendation Letter with Input and Discussion
Recommendation Letter with Input and Discussion
May 20, 2026
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP2026-0184
Honorable Mayor and City Council Members:
At their regular meeting on May 19, 2026, the Planning and Zoning Commission considered t he
following:
Public Hearing: A request by Dana Garnett, applicant, on behalf of Ahmadali Virani,
owner, for approval of a Conditional Use Permit (CUP) for Resale/Consignment Shop use
on approximately 2.438 acres of land within the Business Park -288 (BP-288) District, to
wit:
Legal Description: A 2.438-acre tract of land, out of Lot 2, Block 1, ZFAM Properties
Pearland, according to the map or plat thereof recorded in County Clerk’s File Number
(C.C.F.#) 2025017408, in the Official Records of Brazoria County, Texas (O.R.B.C.T.).
General Location: East of Business Center Drive, South of Broadway Street, and North
of Magnolia Parkway, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on May 19, 2026. Applicant was present and available to answer any
questions. There was no public comment. The Commission discussed security of the site,
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proposed buildings materials/colors in relation to adjacent properties, and the updates made to
the site plan.
After discussion, the Commission made a motion to amend the request to include staffs
conditions. Motion to amend passed 6-0.
Commission made a motion to recommend approval of the amended CUP request and the
motion passed by a vote of 6-0. The vote by the Commission constitutes
a positive recommendation for Council approval.
Sincerely,
Katya Copeland, AICP
Assistant Director of Planning, Community Development
On behalf of the Planning and Zoning Commission