R2021-CUP21-00003 2021-04-19 RESOLUTION R2021- CUP21-00003
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Wash use. within the General
Business (GB) District of the Stonebridge Planned Unit Development
(PUD), on approximately 1.6035 acres 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, Texas). Conditional Use Permit
_ Application No CUP21-00003, for Auto Wash use within the General
Business (GB) District of the Stonebridge Planned Unit Development, at the
request of David Rimes, applicant, on behalf of Ahmed H. Jafferally, owner,
, containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, David Rimes, applicant, on behalf of Ahmed H. Jafferally, owner, is
requesting approval of a Conditional Use Permit (CUP) for Auto Wash within the
General Business (GB) District of the Stonebridge Planned Unit Development; 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 of April, 2021, 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 David Rimes, applicant, on'behalf of Ahmed H. Jafferally,
owner, for approval of a Conditional Use Permit for Auto Wash within the General
Business (GB) District of the Stonebridge Planned Unit Development, on approximately
1.6035 acres of land; 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 General
Business (GB) District of the Stonebridge Planned Unit Development, is hereby granted
a Conditional Use Permit (CUP) for Auto Wash, subject to all requirements of the
General Business (GB) District of the Stonebridge Planned Unit 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 1.6035 acres 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, Texas.
Conditions: .
1. The proposed use shall be developed in substantial conformance to the
landscaping, material facades, masonry and vegetative screening as
presented in the Applicant's Exhibits.
2. The vacuum systems shall always be maintained inside the building in the
equipment room or towards Pearland Parkway at the end of the vacuum
canopies.
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.
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 19th of April 2021.
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EVIN COLE
MAYOR
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CR iSTAL ROAN, TRMC, CMC 4.•
C SECRETARY :�,�� # V
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DARRIN M. COKER ,
CITY ATTORNEY ""
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