R2022-CUP22-15 2022-07-11 DocuSign Envelope ID:2ACA561 E-29AC-4F7A-908A-4B8E5FAE53A8
RESOLUTION R2022- CUP22-15
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Repair (Minor) use within the
Commercial District of the Shadow Creek Ranch Planned Unit
Development (PUD), on approximately 0.7308 acres of land, being described
as a tract containing 0.7308 acres of land, situated in the J.W. Maxcy Survey,
Abstract No. 675, Brazoria County, Texas, being a residue of lot "D" conveyed
to BW Shadow Creek, LLC. as recorded under Brazoria County Clerk's File
(B.C.C.F.) No. 2017042317, also being out of Lot "D", Shadow Creek Ranch
Commercial Site No. 18B, map or plat thereof as recorded under Brazoria
County Plat Records (B.C.P.R.) No. 2007035195 (located at 11219 Shadow
Creek Parkway, Pearland, Texas). Conditional Use Permit Application No
CUP22-15, for Auto Repair(Minor) use within the Commercial District of the Shadow
Creek Ranch Planned Unit Development (PUD), at the request of Duplantis
Design Group, PC, represented by Tyler Eaton, 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, Duplantis Design Group, PC, represented by Tyler Eaton, applicant,
on behalf of BW Shadow Creek LLC., owner, are requesting approval of a Conditional
Use Permit (CUP) for Auto Repair (Minor) use within the Commercial District of the
Shadow Creek Ranch Planned Unit Development (PUD), on approximately 0.7308 acres
of land; 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 20th day of June 2022, 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
DocuSign Envelope ID:2ACA561 E-29AC-4F7A-908A-4B8E5FAE53A8
and argument of all interested parties, and having been fully advertised in the premises,
finds that in the case of the application of Duplantis Design Group, PC, represented by
Tyler Eaton, applicant, on behalf of BW Shadow Creek LLC., owner, for approval of a
Conditional Use Permit (CUP) for Auto Repair (Minor) use within the Commercial District
of the Shadow Creek Ranch Planned Unit Development (PUD); presented which, in the
judgment of the Planning and Zoning Commission have provided input and discussion;
and
WHEREAS, on the 1 1th day of July 2022, 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 Duplantis Design Group, PC,
represented by Tyler Eaton, applicant, on behalf of BW Shadow Creek LLC., owner, for
approval of a Conditional Use Permit (CUP) for Auto Repair (Minor) use within the
Commercial District of the Shadow Creek Ranch Planned Unit Development (PUD);
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 Ranch Planned Unit Development (PUD), is hereby granted
a Conditional Use Permit (CUP)for Auto Repair (Minor), 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:
DocuSign Envelope ID:2ACA561 E-29AC-4F7A-908A-4B8E5FAE53A8
Legal Description: A tract containing 0.7308 acres of land, situated in the
J.W. Maxcy Survey, Abstract No. 675, Brazoria County, Texas, being a
residue of lot "D" conveyed to BW Shadow Creek, LLC. as recorded under
Brazoria County Clerk's File (B.C.C.F.) No. 2017042317, also being out of
Lot"D", Shadow Creek Ranch Commercial Site No. 18B, map or plat thereof
as recorded under Brazoria County Plat Records (B.C.P.R.) No.
2007035195.
General Location: 11219 Shadow Creek Parkway
Conditions of Approval:
1. Large shade trees shall be planted along the west and east property line to
screen adjacent properties from the service bays. Large shade trees shall be
provided with the total caliper inches to equal one inch (1") for each (15') of the
lot length/width with a minimum planting of 2-inches (2").
2. A continuous evergreen hedgerow with height not to exceed four (4) feet shall
be provided along the north property line to screen adjacent properties from the
service bays. If the pipeline easement holder does not agree to any plantings
within the boundary of the easement then this condition shall be void upon
receipt of confirmation from the easement holder.
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.
DocuSign Envelope ID:2ACA561 E-29AC-4F7A-908A-4B8E5FAE53A8
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 11th day of July 2022.
,•---DocuSigned by;
D4aARAcrra r4r2...
J. KEVIN COLE
MAYOR
ATuTE$ST�by;
LE -81MTITENDEN
rx,85,EicsR. ETARY
-'`— -7-71.01
DARRIN M. COKER .
CITY ATTORNEY
DocuSign Envelope ID:2ACA561 E-29AC-4F7A-908A-4B8E5FAE53A8
Exhibit A
Legal Description
A tract containing 0.7308 acres of land, situated in the J.W. Maxcy Survey, Abstract No.
675, Brazoria County, Texas, being a residue of lot "D" conveyed to BW Shadow Creek,
LLC. as recorded under Brazoria County Clerk's File (B.C.C.F.) No. 2017042317, also
being out of Lot "D", Shadow Creek Ranch Commercial Site No. 18B, map or plat thereof
as recorded under Brazoria County Plat Records (B.C.P.R.) No. 2007035195.
DocuSign Envelope ID:2ACA561 E-29AC-4F7A-908A-4B8E5FAE53A8
Exhibit
Vicinity MBap
^YD
,r
r/
'V
7z,o
ru r fi/t /r.
/ia „///,,, r//ice/ ji/!ir / �� r i////,/% PI '✓/r /! .. III orPl Q
nal &zoning
n
i
n.
g
m
a up
p iiiiili
orrj/ ; / 10 K d 1e w rL b 1,°I" i ,fi I ,�� � �V�y f '�u �4�1Y I , yrl k BkwmA JI / ," b i, N I - ,p1q I IV 91i �� � 11219 Ss8�r� InOr' �� a� � 11 ( � 44�� b � U ��"�NIp nu�" I I e w^� � v Q i 6 �� , / � ym�i b/ r� " l i ��r >V ur � wCree
t.
Legend
had
IN
� ww) s n1ec1Pr P Y 111111
1 i � wwwwwwwww s .s ..
�lU r.a���I UVIn ouU�r � U w� �, & i f ""° F VO oV , �t S ul „/
11)11
WIIIf
It
LWar `srrv4, 4 �II7� �� mro�,o ' Pfr✓ dr°� Y m I n .I i Y,II .....,....I'd I hl I I„ I/iv rr rnvmm7 ' ljy' i g Z � Ip I I I II I w V t'1 V" �pk l a al r p �� / ��,� �N r' e ' /4� i i1 ri� d✓iV-riY/mQ� iFM'l
4.
EIIIIIIIIIIIigi...,!,!,!,!,!,!,!,:s/A 41'.pg....it '; .,..,..,..,..„.,,,,,,
ll,fititlifit i
liiii1C'ilifri,
LIji
lin t
::;;IOW4)) ) ir
III:
III i 1
u', i ,/ u jmr /,., x � r � I kI LY Y III" U1 I ' "Iz1le t la I; Aa keA Jye7,I.� L , , , /AI D�. ^� 'P
'I 'VI ii I
114
I 1.1!IIIIIIIIII:111;1,1!IiiI4IllifII)\I„,):1:''ill(4((14ii01?1•It())\ITI II.Ip IIIIIII III
11
/r
1111111111111111111111111111111111111111111
iliavr
DocuSign Envelope ID:2ACA561 E-29AC-4F7A-908A-4B8E5FAE53A8
Exhibit C
Notification
CITY OF PEARLAND
o 3523 Libirty Drive, Peadand,Tiixas 77581
RAMOr 281.652.1765 FAX: 281.652.1102 www.pearlandtx.gov
NOTICE OF PUBLIC HEARING
#21 Notice is hereby given that the Planning and Zoning Commission of the City
of Pearland will hold a public heaving on Monday, June 20, 2022, at 6:30
%le p.m»: and that the City Council of the City of Pearland will hold a public
hearing and resolution adoption: on Monday, July 11„ 2022, at 6:30 p.m..,
tee regarding:
MINN
*Mg Conditional Use Permit Applicaton: CUP 22-15
415/0 A request by Duplantis Design Group, PC, represented by Tyler Eaton,
MVO applicant, on behalf of BIN Shadow Creek LLC., owner, for approval of a
if Conditional Use Permit (CUP) for Auto Repair (Minor) 'use on approximately
0.7308 acres of land within the Commercial District of the Shadow Creek
Ranch Planned Unit Development(PUD), to wit:
1110010000000000
Legal Description: A tract containing 0.7308 acres of land, situated in the
J„.W., Maxey Survey, Abstract No. 675, Bra,zoria County., Texas, being a
OPE residue of lot I'D" conveyed to BW Shadow Creek, LLC. as recorded under
1010 1/1 Brazoria County Clerk's File(B.C,C.F'.) No. 2017042317, also being out of Lot
Shadow Creek Ranch Commercial Site No. 18B, map or plat thereof as
recorded under Brazoria County Plat Records (B,C,P,R,)No, 2007035195,
Ita
riffi General Location: 11219 Shadow Creek Parkway
'/WO Summary: The applicant proposes to construct a minor automotive repair
facility that will provide oil changes,. tire:changes, and other minor auto repair
services.
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber of Pearland City Hall
eIKli 3519 Liberty Drive, Peadand,Texas
You are receiving this notice because appraisal district records indicate that
01.11't you own property within 200 feel of the subject property identified on the
IWU attached map.
rell111
) You are invited to attend the public hearing and voice your support or
opposition for the above reference request, If you have comments, please
feel free to email them to doweeDpearlandtkoov or submit a public comment
0101011111101010001 form using the above application number to reference this case, For more
information on this request.and your involvement in the hearing process, visit
our website at www.peariandtx.uovicublic-headnds„