R2023-CUP23-08 2023-04-24RESOLUTION R2023- CUP23-08
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Self-Service Auto Wash use within the
Shadow Creek Planned Development (PD) District, on approximately 1.386
acres of land, being described as Lot 2, Block 1 of the Kingsley Corner at
Shadow Creek, a subdivision of 7.709 acres located in the S.G. Haynie
Survey, Abstract No. 212, in the City of Pearland, Brazoria County, Texas,
recorded in County Clerks’ File No. 2020004517 in the Plat Records of
Brazoria County, Texas (located at 12700 Shadow Creek Parkway,
Pearland, TX). Conditional Use Permit Application No CUP23-08, for Self-
Service Auto Wash use within the Shadow Creek Planned Development (PD)
District, at the request of CIVE Inc., represented by Steve Williams, applicant,
on behalf of Maher Ismail, owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
WHEREAS, CIVE Inc., represented by Steve Williams, applicant, on behalf of
Maher Ismail, owner, is requesting approval of a Conditional Use Permit (CUP) for Self-
Service Auto Wash use within the Shadow Creek Planned Development (PD) District, on
approximately 1.386 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 3rd day of April 2023, 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 CIVE Inc., represented by Steve Williams,
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applicant, on behalf of Maher Ismail, owner, for approval of a Conditional Use Permit
(CUP) for Self-Service Auto Wash use within the Shadow Creek Planned Development
(PD) District; presented which, in the judgment of the Planning and Zoning Commission
have provided input and discussion; and
WHEREAS, on the 24th day of April 2023, 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 CIVE Inc., represented by Steve
Williams, applicant, on behalf of Maher Ismail, owner, for approval of a Conditional Use
Permit (CUP) for Self-Service Auto Wash use within the Shadow Creek Planned
Development (PD) 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 Shadow
Creek Planned Development (PD) District, is hereby granted a Conditional Use Permit
(CUP) for Self-Service 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: Lot 2, Block 1 of the Kingsley Corner at Shadow Creek,
a subdivision of 7.709 acres located in the S.G. Haynie Survey, Abstract
No. 212, in the City of Pearland, Brazoria County, Texas, recorded in
County Clerks’ File No. 2020004517 in the Plat Records of Brazoria County,
Texas.
General Location: 12700 Shadow Creek Parkway, Pearland, TX.
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Conditions of Approval:
1.The proposed use should be developed to be in substantial
conformance with the site plan and renderings as presented with the
CUP application.
2.A minimum of 30-foot landscape buffer shall be provided along
Shadow Creek Parkway to meet Corridor Overlay District front
landscape buffer requirements.
3.A minimum 25-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 noise buffering from noise that will be generated from
vacuuming and detailing activities.
4.The proposed carwash use shall utilize a centralized vacuum system
to reduce noise.
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.
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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.
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PASSED, APPROVED, and ADOPTED on this day, the 24th day of April 2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Lot 2, Block 1 of the Kingsley Corner at Shadow Creek, a subdivision of 7.709 acres
located in the S.G. Haynie Survey, Abstract No. 212, in the City of Pearland, Brazoria
County, Texas, recorded in County Clerks’ File No. 2020004517 in the Plat Records of
Brazoria County, Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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