R2017-CUP17-00019 2017-11-06 FAILEDFAILED
RESOLUTION R2017- CUP17-00019
A resolution 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 1.6035 acre or
69,855.05 square feet of land being all of Lot 1, Block 1 of Replat of Tract A
of the amending plat of Stonebridge Section 1 recorded in Clerk's File No.
2008053526 of the Brazoria County Plat Records in the D.H.M. Hunter
Survey, Abstract No. 76, Brazoria County, Texas. (Located at 1840
Pearland Parkway, Pearland, TX.) Conditional Use Permit Application No
CUP 17-00019, within the Planned Development (PD) zoning district, at the
request of Rimes 5D Studio represented by David W. Rimes, applicant, on
behalf of Pearland Carwash Services, LLC represented by Ahmed H.
Jafferally, owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, Rimes 5D Studio represented by David W. Rimes, applicant, on
behalf of Pearland Carwash Services, LLC represented by Ahmed H. Jafferally, owner;
is requesting approval of a Conditional Use Permit (CUP) to allow for an auto wash
(self-service) use on an approximately 1.6035 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 6th day of November 2017, a Joint Special Meeting was held
before the Planning and Zoning Commission and the City Council 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 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 Rimes 5D Studio represented by David W. Rimes, applicant, on
behalf of Pearland Carwash Services, LLC represented by Ahmed H. Jafferally, owner;
for approval of a Conditional Use Permit on approximately 1.6035 acres of land to allow
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 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 Planned
Development (PD) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow an auto wash (self-service) use, subject to all requirements of the GC zoning
district, and the site plan and other details attached hereto and made a part hereof for
all purposes as Exhibit "D in accordance with all conditions and requirements of the
current Unified Development Code and the following conditions approved by the City
Council and incorporated for all purposes, such property being more particularly
described as:
Legal Description: Being a 1.6035 acre or 69,855.05 square feet of land being
all of Lot 1, Block 1 of Replat of Tract A of the amending plat of Stonebridge
Section 1 recorded in Clerk's File No. 2008053526 of the Brazoria County Plat
Records in the D.H.M. Hunter Survey, Abstract No. 76, Brazoria County, Texas.
General Location: 1840 Pearland 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
Page 2 of 8
R2017 — CUP17-00019
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 Resolution shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on this the 6th day of November, 2017.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
DARRIN M. COKER CITY
ATTORNEY
TOM REID
MAYOR
FAILED
Page 3 of 8
R2017 — CUP17-00019
Exhibit A
Legal Description
Being a 1.6035 acre or 69,855.05 square feet of land being all of Lot 1, Block 1 of
Replat of Tract A of the amending plat of Stonebridge Section 1 recorded in Clerk's File
No. 2008053526 of the Brazoria County Plat Records in the D.H.M. Hunter Survey,
Abstract No. 76, Brazoria County, Texas.
Page 4 of 8
R2017 — CUP17-00019
Exhibit B
Vicinity Map
Exhibit 1
Zoning 8. Aerial Map
CUP17-00019
1840 Pearland Parkway
QSubject Property
:rat ;ratsan uG s_Kaasa: ri:r, aoow
i rt her-. boon yr. uN kr a b tunable
Gr `ra liy
tear,x r.1.-.'ni vs-Att.
az .
ias reps.= r.:unshtir :af cane; .24
:grecs; at7 G gTrsaau rrlatrre'<cana
1 v. -sport:, znL-u
1 Inch a 191 feet
�FCE]I3o SOir!
Page 5 of 8
R2017 — CUP17-00019
Exhibit C
Online Notification
NOTICE OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 17-00019
Notice is hereby given that on November 6, 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 special meeting in the Training Room of the
Public Safety Building located on the second floor, located at 2555 Cullen Parkway,
Peartand, Texas. at the request of Rimes 5D Studio represented by David W. Rimes.
applicant, on behalf of Pearland Carwash Services, LLC represented by Ahmed H.
Jafferally, owner: for approval of a Conditional Use Permit (CUP) to allow for a car wash
to be located in the Planned Development (PD) zoning district; on approximately 1.6035
acres of land, to wit:
Being a 1.6035 acre or 69,855.05 square feet of land being all of Lot 1. Block 1 of
Replat of Tract A of the amending plat of Stonebridge Section 1 recorded in Clerk's
File No. 2008053526 of the Brazoria County Plat Records In the D.H.M. Hunter
Survey. Abstract No. 76, Brazoria County, Texas.
General Location. 1840 Pearland 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
Armon Irones
Planner
Page 6 of 8
R2017 — CUP17-00019
Exhibit D
Site Plan and Other Details
*IMP 5 SI r=iet-Ar
•ads-osaarrs.� r
Iae.uaas..^.= Asa
•.,...QX.•-----
•awersTWWI r—•--
•--- ss:rxarrri..
aws
sere esesrseausar----
Osisim •••.r• -i
O®—f,•'a1La
ag�
flFistaresurnsie
n3114
Page 7 of 8
R2017 — CUP17-00019