Ord. CUP 17-00007 2017-07-10Ordinance No. CUP 17-00007
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for an Auto Wash (Self -Service)
in the Planned Development (PD) zoning district, Being a 1.4012 acre
(61,036 square feet) parcel of land situated in the T.C.R.R. CO. Survey,
Abstract 675, in Brazoria County Texas, and being all of Lot "D" of Shadow
Creek Ranch Commercial Site No. 18B, as recorded under File Number
2007035195 of Brazoria County Public Records (B.C.P.R.). (Located at
11213 & 11233 Shadow Creek Parkway, TX.) Conditional Use Permit
Application No CUP 17-00007, within the Planned Development (PD) zoning
district, at the request of Sheelah Taylor, applicant, on behalf of ST Shadow
Creek LLC, owner, represented by Tri Nguyen, containing a savings clause,
a severability clause, and an effective date and other provisions related to
the subject.
WHEREAS, Sheelah Taylor, applicant, on behalf of ST Shadow Creek LLC,
owner, represented by Tri Nguyen; is requesting approval of a Conditional Use Permit
(CUP) to allow for an Auto Wash (Self -Service) use on approximately 1.4012 acres of
land 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 17th day of April 2017, a Joint Public Hearing was held before
the Planning and Zoning Commission and the City Council of the City of Pearland,
Texas, notice being given by publication in the official newspaper of the City, the
affidavit of publication 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, on the 6th day of June 2017, the Planning and Zoning Commission
submitted its report and recommendation to the City Council regarding the proposed
Conditional Use Permit (CUP) to allow for an 1.4012 use on approximately 1.4012 acres
of land, 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 regular meetings on the 12th day of June 2017 and
the 26th day of June 2017; and
WHEREAS, 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 of Sheelah Taylor, applicant, on behalf of ST Shadow Creek LLC,
owner, represented by Tri Nguyen; for approval of a Conditional Use Permit on
approximately 1.4012 acres of land to allow for an Auto Wash (Self -Service) use;
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 Planned
Development (PD) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow for an Auto Wash (Self -Service) use, subject to all requirements of the PD zoning
district, and the site plan attached hereto and made a part hereof for all purposes as
Exhibit "E", in accordance with all conditions and requirements of the current Unified
Development Code and the following conditions approved by the City Council and
Page 2 of 11
Ord. No CUP 17-00007
incorporated for all purposes, such property being more particularly described as:
Legal Description: Being a 1.4012 acre (61,036 square feet) parcel of land
situated in the T.C.R.R. CO. Survey, Abstract 675, in Brazoria County Texas,
and being all of Lot "D" of Shadow Creek Ranch Commercial Site No. 18B, as
recorded under File Number 2007035195 of Brazoria County Public Records
(B.C.P.R.).
General Location: 11213 & 11233 Shadow Creek Parkway, 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
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.
Section VI. This Ordinance shall become effective after its passage and
Page 3 of 11
Ord. No CUP 17-00007
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 26th day of June,
2017.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10th
day of July, 2017.
ATTEST:
UNG �
FIN
ITY S RE
TARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 4 of 11
Ord. No CUP 17-00007
Exhibit A
Legal Description
Being a 1.4012 acre (61,036 square feet) parcel of land situated in the T.C.R.R. CO.
Survey, Abstract 675, in Brazoria County Texas. and being all of Lot "D" of Shadow
Creek Ranch Commercial Site No. 18B, as recorded under File Number 2007035195 of
Brazoria County Public Records (B.C.P.R.).
Page 5of11
Ord. No CUP 17-00007
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 17-00007
11213 & 11233
Shadow Creek Pkwy.
OSubject Property
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prgul.renric Purl...,
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rtprt«wi..nh the aPp.uun.a,e ml•t,.. W...,.«
rrvpert. bound.....
1 inch • 250 feet
APRIL 2011
PLANNING DEPARTMENT
i
Page 6 of 11
Ord. No CUP 17-00007
L9900137333 CITY OF PEARLAND - PLANNING Page 1
Houston Chronicle
CLASSIFIEDS
�n MEDIA
Ca GROUP
N , * . 1 T , orpvr.r!!ru
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Before me. the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper
published in Harris County, Texas, and generally circulated in the Counties of: HARRIS, TRINITY,
WALKER, GRIMES, POLK, SAN JACINTO, WASHINGTON, MONTGOMERY, LIBERTY, AUSTIN,
WALLER, CHAMBERS. COLORADO. BRAZORIA, FORT BEND, GALVESTON, WHARTON,
JACKSON, and MATAGORDA and that the publication, of which the annexed herein, or attached to, is a
true and correct copy, was published to -wit:
CITY OF PEARLAND - PLANNING
RAN A LEGAL NOTICE
SIZE BEING: 2 x50 L
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CNDP-Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000137333 HC034270320
Date
Mar 29 2017
Mar 29 2017
Mar 29 2017
Mar 29 2017
Mar 29 2017
Class
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Page
///4?X--7/
NEWSP PER REPRESENTATIVE
Sworn and subscribed to before me, this 4th Day of April A.D. 2017
A/a
Notary Public in and for the State of Texas
0000137333 CITY OF PEARLAND - PLANNING Page 2
Houston Chronicle
CLASSIFIEDS
To Be Published in tl,c
PEARLAND JOURNAL
Wednesday, March 29, 2017
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY
COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER:
CUP 17-00007
Notice is hereby given that on April 17. 2017, at 6:30 p.m.,
the City Council and Planning and Zoning Commission of
the City of Pearland, in Brazoria. Harris and Fort Bend
Counties. Texas, will conduct a joint public hearing in the
Council Chambers of City Hall, ocated at 3519 Liberty
Drive. Pearland, Texas. at the request of Sheelah Taylor,
applicant. on behalf of ST Shadow Creek LLC. owner.
represented by Tri Nguyen; for approval of a Conditional
Use Permit (CUP) to allow for an Auto Wash (Self -Service)
in the Planned Development (PD) zoning district; on
approximately 1.4012 acres of land, to wit:
Being a 1.4012 acre (61,036 square feet) parcel of land
situated in the T.C.R.R. CO. Survey, Abstract 675, in
Brazoria County Texas, and being all of Lot "D" of Shadow
Creek Ranch Commercial Site No. 18B, as recorded under
File Number 2007035195 of Brazoria County Public
Records (B.C.P.R.).
General Location: 11213 & 11233 Shadow Creek Parkway.
Pearland. TX.
At said hearing,all interested parties shall have the right
and opportunitto appear and be heard on the subject. For
additional information, please contact the Planning
Department at 281-652-1765.
Martin Grir zs
Senior Planner
Exhibit C
Legal Ad
To Be Published in the
PEARLAND JOURNAL
Wednesday. March 29. 2017
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY
COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND. TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER:
CUP 17-00007
Notice is hereby given that on April 17. 2017, at 6:30 p.m..
the City Council and Planning and Zoning Commission of
the City of Pearland, in Brazoria, Harris and Fort Bend
Counties. Texas. will conduct a joint public hearing in the
Council Chambers of City Hall, located at 3519 Liberty
Drive, Pearland, Texas, at the request of Sheelah Taylor,
applicant. on behalf of ST Shadow Creek LLC. owner.
represented by Tri Nguyen: for approval of a Conditional
Use Permit (CUP) to allow for an Auto Wash (Self -Service)
in the Planned Development (PD) zoning district: on
approximately 1.4012 acres of land, to wit:
Being a 1.4012 acre (61,036 square feet) parcel of land
situated in the T.C.R.R. CO. Survey, Abstract 675, in
Brazoria County Texas, and being all of Lot "D" of Shadow
Creek Ranch Commercial Site No. 186, as recorded under
File Number 2007035195 of Brazoria County Public
Records (B.C.P.R.).
General Location: 11213 & 11233 Shadow Creek Parkway.
Pearland, TX.
At said hearing. all interested parties shall have the right
and opportunity to appear and be heard on the subject. For
additional information, please contact the Planning
Department at 281-652-1765.
Martin Griggs
Senior Planner
Page 7 of 11
Ord. No CUP 17-00007
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
June 6, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 17-00007
Honorable Mayor and City Council Members:
At their regular meeting on April 17 and June 5, 2017, the Planning and Zoning
Commission considered the following:
A request of Sheelah Taylor, applicant, on behalf of ST Shadow Creek LLC,
owner, represented by Tri Nguyen; for approval of a Conditional Use Permit
(CUP) to allow for an Auto Wash (Self -Service) in the Planned Development (PD)
zoning district; on approximately 1.4012 acres of land.
General Location: 11213 & 11233 Shadow Creek Parkway, Pearland, TX.
At the regular meeting of the P&Z Commission on April 17, P&Z Commissioner David
Selsky made a motion to approve, P&Z Vice Chairperson Thomas Duncan seconded
the motion.
P&Z Vice Chairperson Thomas Duncan asked about the traffic impact and the problems
that may ensue with the entry and exit of the facility. Ziad Kaakouds, 580 Westlake
Park, Houston, TX 77079, Engineer for applicant, presented the site layout, landscape
area and length/width of the outside of the facility and explained the options for traffic
entry and exit. P&Z Chairperson Daniel Tunstall asked Staff if the said property parcel
met the UDC requirements. Mr. Kaakouds, Deputy City Attorney Lawrence Provins
explained the requirements for parking space and the side yard which would be 6ft. Mr.
Page 8 of 11
Ord. No CUP 17-00007
Kaakouds informed that their new site plan did show the revised width and lengths
showing compliance with the 6t. side yard.
Senior Planner Martin Griggs informed Commissioners that the new site plan had not
yet been reviewed prior to that night's meeting. President, PEDC Matt Buchanan and
Community Development Director Lata Krishnarao explained to the Commission that
Staff has recommended to the applicant to come back with new site plan and
recommendations at the May 15, 2017 meeting. A discussion ensued with Staff and
Commissioners for clarification of the recommendations and condition of approval.
Representative for Bluewave Carwash, 9764 Whithorn Dr., Houston TX 77095.
described the frontage and lot size and future intentions on both parcels.
P&Z Chairperson Daniel Tunstall made a motion to postpone until the May 15, 2017
meeting. P&Z Commissioner Derrell Isenberg seconded the motion. The motion to
postpone passes 6-0.
At the regular meeting of the P&Z Commission on June 5, P&Z Commissioner David
Selsky made a motion to approve, P&Z Vice Chairperson Thomas Duncan seconded
the motion.
Senior Planner Martin Griggs informed the Commissioners over the site history and the
changes that took place with the site plan since the Joint Public Hearing in April 2017.
Associate Engineer Matthew Brown discussed the traffic concerns on-site and off-
site. Ziad Kaakouds. 580 Westlake Park, Houston, TX 77079, Engineer for applicant.
presented the site layout and explained the options for traffic entry and exit. A
discussion ensued with the applicant and Commissioners about the traffic on-site.
Commissioner Troy Pradia asked if the site doesn't develop with two uses would the
economics be infeasible? The applicant responded yes. it would be infeasible.
P&Z Chairperson Dania] Tunstall called the vote, Commissioners Selsky and Pradia
voted in favor, P&Z Chairperson Tunstall. P&Z Vice -chairperson Duncan. and
Commissioners McFadden and Starr voted in opposition. The motion fails 2-4.
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 11
Ord. No CUP 17-00007
Exhibit E
Site Plan and Attachments
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WPM
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Page 10 of 11
Ord. No CUP 17-00007
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Page 11 of 11
Ord. No CUP 17-00007