HomeMy WebLinkAboutR2022-CUP22-19 2022-08-22RESOLUTION R2022- CUP22-19
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, on approximately 2.00 acres of land, being described
as 2.261 acres (98,491 square feet) tract of land, being all of a called 2.00
acres tract, as described in Brazoria County Clerk File NO. 1974014750, the
West ½ of Lot 48 of the Allison Richey Gulf Coast Home Company
Subdivision, Section 19, H.T & B.R.R. Company Survey, Abstract 243,
Brazoria County, Texas (located at 8013 Broadway Street, Pearland, TX).
Conditional Use Permit Application No CUP22-19, for Auto Wash use within
the General Business (GB) District, at the request of Auri Jalili, Top Soap
Express Carwash, applicant, on behalf of Dean A. HrBacek, owner, containing
a savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Auri Jalili, Top Soap Express Carwash, applicant, on behalf of Dean
A. HrBacek, owner, are requesting approval of a Conditional Use Permit (CUP) for Auto
Wash use within the General Business (GB) District, on approximately 2.00 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 1st day of August 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
and argument of all interested parties, and having been fully advertised in the premises,
finds that in the case of the application of Scott Mommer Consulting, represented by Auri
Jalili, Top Soap Express Carwash, applicant, on behalf of Dean A. HrBacek, owner, for
DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C
approval of a Conditional Use Permit (CUP) for Auto Wash use within the General
Business (GB) District; presented which, in the judgment of the Planning and Zoning
Commission have provided input and discussion; and
WHEREAS, on the 22nd day of August 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 Auri Jalili, Top Soap Express
Carwash, applicant, on behalf of Dean A. HrBacek, owner, for approval of a Conditional
Use Permit (CUP) for Auto Wash use within the General Business (GB) District; 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, is hereby granted a Conditional Use Permit (CUP) for Auto Wash
use, 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: 2.261 acres (98,491 square feet) tract of land, being all
of a called 2.00 acres tract, as described in Brazoria County Clerk File NO.
1974014750, the West ½ of Lot 48 of the Allison Richey Gulf Coast Home
Company Subdivision, Section 19, H.T & B.R.R. Company Survey, Abstract
243, Brazoria County, Texas.
General Location: 8013 Broadway Street, Pearland, TX.
Conditions of Approval:
DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C
1. The proposed carwash shall be developed in substantial conformance
to the building materials shown on the Applicant's Building Elevations
Exhibits (Exhibits “D” – attached).
2. The east and west property lines shall be screened with a minimum 36"
continuous hedgerow of evergreen shrubs to screen the view of the
carwash operations from adjacent properties.
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.
DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C
PASSED, APPROVED, and ADOPTED on this day, the 22nd day of August 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C
Exhibit “A”
Legal Description
2.261 acres (98,491 square feet) tract of land, being all of a called 2.00 acres tract, as
described in Brazoria County Clerk File NO. 1974014750, the West ½ of Lot 48 of the
Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T & B.R.R.
Company Survey, Abstract 243, Brazoria County, Texas.
DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C
DocuSign Envelope ID: 91 E545D1-C323-4BEB-8E2C-56698B7D819C
Exhibit "B"
Vicinity Map
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8013 Broadway Street
Auto Wash
in GB
Legend
Subject Property
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1 inch = 250 feet
COCIMUN]TV I1EV. DEFT.
JULY 2022
DocuSign Envelope ID: 91E545D1-C323-4BEB-8E2C-56698B7D819C
Exhibit "C"
Notification
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CITY OF PEARLAND
3523 Liberty Drive, Pearland, Texas 77581
281.652.1765 FAX: 281.652.1702
wvwrw. pearlandtx.gov
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commission of the City
of Pearland will hold a public hearing or Monday, August 1, 2022, at 6:30
p.m.; and that the City Council of the City of Pearland will hold a public
hearing and resolution adoption on Monday, August 22, 2022, at 6:30 p.m..
regarding:
Conditional Use Permit Application: CUP 22-19
A request by Auri Jalili, Top Soap Express Carwash, applicant, on behalf of
Dean A. HrBacek, owner, for approval of a Conditional Use Permit (CUP) for
Auto Wash use on approximately 2,00 acres of land within the General
Business (GB) District, to wit:
Legal Description: A 2.261 acres (98,491 square feet) tract of land, being all
of a called 2.00 acres tract, as described in Brazoria County Clerk File NO.
1974014750, the West 1/2 of Lot 48 of the Allison Richey Gulf Coast Home
Company Subdivision, Section 19, H.T & B.R.R. Company Survey, Abstract
243, Brazoria County, Texas.
General Location: 8013 Broadway Street, Pearland, TX.
Summary: The applicant proposes to develop and operate a 4,500 -square
feet automatic carwash on the subject property.
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber of Pearland City Hall
3519 Liberty Drive, Pearland, Texas
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 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 slowe(cr.aearlandtx.uov or submit a public comment
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.oearlandtx,uovfnublic-hearincs,
This is a rendering of one of our locations currently under development. Our plan is to have a similar build but in accordance with the site plan.
This is a rendering of one of our locations currently under development. Our plan is to have a similar build but in accordance with the site plan.
DocuSign Envelope ID: 91 E545D1-C323-4BEB-8E2C-56698B7D819C
Exhibit "D-2"
One of our locations currently under developm . v similar build but in accordance with the site plan