R2020-CUP20-00010 2020-09-08 RESOLUTION R2020- CUP20-00010
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow Self-Service Auto Wash, within
the Shadow Creek Planned Development (PD) District, being a 0.7310-
acre parcel of land situated in the T.C.R.R. CO. Survey, Section 4, Abstract
675, in Brazoria County, Texas, and a portion of Lot "D" of Shadow Creek
Ranch Commercial Site No. 18B, as recorded in File Number 2007035195 in
the Public Records of Brazoria County, Texas (11219 Shadow Creek Pkwy,
Pearland, Texas). Conditional Use Permit Application No CUP20-00010,
within the Shadow Creek Planned Development, at the request of
Mohammad Darwish, applicant on behalf of BW Shadow Creek LLC, owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Mohammad Darwish, applicant on behalf of BW Shadow Creek
LLC, owner, is requesting approval of a Conditional Use Permit (CUP) to allow Self-
Service Auto Wash within the Shadow Creek Ranch Planned Development (PD) District
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 8th day of September, 2020, 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 advertised in the premises, finds that in the
case of the application of Mohammad Darwish, applicant on behalf of BW Shadow
Creek LLC, owner, for approval of a Conditional Use Permit (CUP) to allow Self-Service
Auto Wash within the Shadow Creek Ranch Planned Development (PD) District on
approximately 0.7310 acres; 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 Shadow
Creek Planned Development, is hereby granted a Conditional Use Permit (CUP) to
allow Self-Service Auto Wash, subject to all requirements of the Shadow Creek Ranch
Planned Development, in accordance with all conditions and requirements of the 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 0.7310-acre parcel of land situated in the T.C.R.R.
CO. Survey, Section 4, Abstract 675, in Brazoria County, Texas, and a portion of
Lot "D" of Shadow Creek Ranch Commercial Site No. 18B, as recorded in File
Number 2007035195 in the Public Records of Brazoria County, Texas.
General Location: 11219 Shadow Creek Pkwy, Pearland, Texas.
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 Resolution shall become effective after its passage and
approval.
PASSED, APPROVED, and ADOPTED on this the 8th day of September, 2020.
TOM REID
MAYOR
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CRYTAL R• 4$AN, TR C U �'Vi o7
CITY SECRETARY
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being a 0.7310-acre parcel of land situated in the T.C.R.R. CO. Survey, Section 4,
Abstract 675, in Brazoria County, Texas, and a portion of Lot "D" of Shadow Creek
Ranch Commercial Site No. 18B, as recorded in File Number 2007035195 in the Public
Records of Brazoria County, Texas.
Exhibit B
Vicinity Map
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Exhibit 1
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Exhibit C
Online Notification
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O CITY OF PEARLAND
Iligekke 3523 Liberty Drive, Pearland,Texas 77581
`:,. ,•q' 281.652.1765 FAX: 281.652.1702 www.pearlandtx.gov
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION OF THE CITY OF
CDPEARLAND, TEXAS, REGARDING:
e9 Conditional Use Permit Application : CUP 20-00010
0 A request by Mohammad Darwish, applicant on behalf of BW Shadow Creek LLC.
owner, for approval of a Conditional Use Permit (CUP)to allow a Self-Service Auto
Crj Wash, within the Shadow Creek Planned Development (PD) District, on
,o\ approximately 0.7310 acres of land:to wit:
Legal Description: Being a 0.7310-acre parcel of land situated in the T.C.R.R. CO.
Survey. Section 4,Abstract 675. in Brazoria County,Texas, and a portion of Lot"D"
of Shadow Creek Ranch Commercial Site No. 18B, as recorded in File Number
2007035195 in the Public Records of Brazoria County,Texas.
General Location: 11219 Shadow Creek Pkwy, Pearland, Texas.
COSummary: The applicant proposes to construct a 2.893-square foot self-service
carwash within the subject property. The subject property has previously received
the approval for a Conditional Use Permit for this use, however; the use permit has
expired before a construction permit was obtained from the City.
THE PUBLIC HEARING WILL BE CONDUCTED VIA
C J l TELEPHONENIDEO CONFERENCE
on:
Tuesday, September 8, 2020 at 6:30 P.M.
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 voice your support or opposition for the above referenced request
CID by submitting comments or requesting to speak remotely. You may submit
comments by email to slowepearlandtx.gov or submit a request to speak remotely
during the tele-conference. The public will be permitted to offer public comments by
1=11 telephone as provided by the agenda and as permitted by the presiding officer
during the meeting. All speakers MUST register in advance. To speak remotely
during the meeting, speakers MUST:
(7:=)-.) • Submit the online registration form found at:
Fhttps://pearlandtx.civicweb.net!PortaliMeetingTypeList.aspx.
• Registration must be received no later 12 p.m. on Tuesday, September 8.
n Once the registration form is received, residents will receive either an email
`, or phone call providing them a telephone number to call on Monday.July 20.
• Speakers must call in at least 30 minutes prior to the start of the meeting in
order to speak, late callers will not be accepted and will not be able to
speak.