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R2021-CUP21-00016 2021-06-28RESOLUTION R2021- CUP21-00016 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Auto Wash (Self -Service) and Auto Repair (Minor) within the Commercial District of the Shadow Creek Planned Development (PD), on approximately 1.386 acres of land; being all of all of Lot 2, Block 1 of the Minor Plat of Kingsley Corner at Shadow Creek, an addition in the City of Pearland, Brazoria County, according to the Plat recorded in County Clerk's File No. 2020004517 in the Plat Records of Brazoria County, Texas (Located at 12700 Shadow Creek Parkway, Pearland, Texas). Conditional Use Permit Application No CUP21-00016, for Auto Wash (Self -Service) and Auto Repair (Minor) uses located within the Commercial District of the Shadow Creek Planned Development (PD), at the request of Raga Relangi, applicant, on behalf of Kabani Group LLC, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Raga Relangi, applicant, on behalf of Kabani Group LLC, owner, is requesting approval of a Conditional Use Permit (CUP) for Auto Wash (Self -Service) and Auto Repair (Minor) uses located within the Commercial District of the Shadow Creek Planned Development (PD); 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 7th of June, 2021, 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 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 Anthony E. Eaddy, applicant and owner, for approval of a Conditional Use Permit (CUP) for Auto Wash (Self -Service) and Auto Repair (Minor) uses located within the Commercial District of the Shadow Creek Planned Development (PD) on approximately 1.386 acres; presented which, in the judgment of the Planning and Zoning Commission have provided input and discussion; and WHEREAS, on the 28th of June, 2021, 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 Raga Relangi, applicant, on behalf of Kabani Group LLC, owner, for approval of a Conditional Use Permit for Auto Wash (Self -Service) and Auto Repair (Minor) uses located within the Commercial District of the Shadow Creek Planned Development (PD) on approximately 1.386 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 Commercial District of the Shadow Creek Planned Development (PD), is hereby granted a Conditional Use Permit (CUP) for Auto Wash (Self -Service) and Auto Repair (Minor) uses, subject to all requirements of the Commercial District of the Shadow Creek Planned Development (PD), 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: Being all of Lot 2, Block 1 of the Minor Plat of Kingsley Corner at Shadow Creek, an addition in the City of Pearland, Brazoria County, according to the Plat recorded in County Clerk's File No. 2020004517 in the Plat Records of Brazoria County, Texas. General Location: 12700 Shadow Creek Parkway, Pearland, Texas. Conditions: 1. A minimum of 30-foot landscape screening shall be provided along Shadow Creek Parkway to meet Corridor Overlay District front landscape buffer requirements. 2. The proposed use should be developed to be in substantial conformance with materials depicted on facade renderings submitted with this CUP application. 3. A minimum 15-foot landscape strip containing large shade trees with a minimum two-inch (2") caliper measured at twelve inches (12") above the root ball shall be provided, with the total caliper inches equal to at least one inch (1") for each ten feet (10') of lot depth, shall be provided along the southern property boundary to provide additional sound buffering from noise that will be generated from vacuuming and detailing activities. 4. The subject site shall be developed in accordance with the exterior lighting standards of the Unified Development Code. 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 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 28th of June 2021. EVIN C LE MAYOR TAL ROAN, TRMC, CMC CITY SECRETARY DARRIN M. COKER CITY ATTORNEY Exhibit A Legal Description Being all of Lot 2, Block 1 of the Minor Plat of Kingsley Corner at Shadow Creek, an addition in the City of Pearland, Brazoria County, according to the Plat recorded in County Clerk's File No. 2020004517 in the Plat Records of Brazoria County, Texas. Exhibit B Vicinity Map SHADOW CREEK PKWY— Exhibit 1 CUP 21-00016 Zoning + Aerial Map 12700 Shadow Creek Pkwy. Auto Wash & Auto Repair in PD Legend Subject Properly This pndurt la fur informational purposes and may Mt have been prepared for ur be suitable for kcal eoxmeenna, or wry ym, purpaw:a. It &n.R not r pro ent an on-the.Rrund Rimy and n.prsenta ante the approximate relative location of property boundaries. 1 inch = 250 feet MAY 23, 2021 COMMUNITY DEV. DEFT. 281.652.1765 Exhibit C Online Notification CITY OF PEARLAND 3523 Liberty Drive. Pearland. Texas 77581 FAX: 281.652.1702 www.pearlandtx.gov NOTICE OF A PUBLIC HEARING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, REGARDING: Conditional Use Permit Application : CUP 21-00016 A request by Raga Relangi, applicant, on behalf of Kabani Group LLC, owner, for approval of a Conditional Use Permit (CUP) for Auto Wash (Self -Service) and Auto Repair (Minor) within the Commercial District of the Shadow Creek Planned Development (PD), to accommodate the development of a proposed a full service car wash and a lube center, on 1.386 acres of land; to wit: Legal Description: Being all of Lot 2, Block 1 of the Minor Plat of Kingsley Corner at Shadow Creek, an addition in the City of Pearland. Brazoria County, according to the Plat recorded in County Clerk's File No. 2020004517 in the Plat Records of Brazoria County, Texas. General Location: 12700 Shadow Creek Parkway, Pearland, Texas. Summary: The applicant proposes to develop a full -service car wash with a drop off and lobby and a lube center with 4 bays. Auto Wash (Self -Service) is defined in the Code as washing, waxing or cleaning of automobiles or light duty trucks where the owner of the vehicle causes the vehicle to become washed. THE PUBLIC HEARING WILL BE CONDUCTED VIA TELEPHONENIDEO CONFERENCE & IN -PERSON on: Monday, June 7, 2021 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 by submitting comments or requesting to speak remotely. You may submit comments by email to slowe(a7pearlandtx.gov or submit a request to speak remotely during the tele-conference. The public will be permitted to offer public comments by telephone as first priority and in -person 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: • Submit the online registration form found at: https://pearlandtx.civicweb.net/Portal/MeetinoTypeListaspx. • Registration must be received no later 12 p.m. on Monday. June 7. Once the registration form is received, residents will receive either an email or phone call providing them a telephone number to call on Monday, June 7. • 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.