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Home My WebLink AboutR2023-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, DocuSign Envelope ID: 5AAAC936-DCEE-43BF-BB23-CF337CB86220 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. DocuSign Envelope ID: 5AAAC936-DCEE-43BF-BB23-CF337CB86220 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. DocuSign Envelope ID: 5AAAC936-DCEE-43BF-BB23-CF337CB86220 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: 5AAAC936-DCEE-43BF-BB23-CF337CB86220 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 DocuSign Envelope ID: 5AAAC936-DCEE-43BF-BB23-CF337CB86220 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. DocuSign Envelope ID: 5AAAC936-DCEE-43BF-BB23-CF337CB86220 DocuSign Envelope ID: 5AAAC936-DCEE-43BF-BB23-CF337CB86220 Exhibit "B" Vicinity Map Exhibit 1 Aerial & Zoning Map CUP 23-08 12700 Shadow Creek Pkwy. Auto Wash In PUD Legend Subject Property This ptoduet to For informatipual purposes and nosy nal have been prepared for or he suitable for legal, engineering, oreurveying➢urposes. It d oes not represent anon the -ground survey end ✓ epresents only the appraeiinate relative location ur arnisertyboundories- t inch = 250 feet COHMl1K1TY I7 EV. ❑1 eT- MAllCii 2923 DocuSign Envelope ID: 5AAAC936-DCEE-43BF-BB23-CF337CB86220 Exhibit "C" Notification CITY OF PEARLAND 3523 Liberty Drive, Pearland, Texas 77581 281.652.1765 FAX: 281.652.1702 www.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 on Monday, April 3, 2023, 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, April 24, 2023, at 6:30 p.m., regarding: Conditional Use Permit Application: CUP 23-08 A request by DIVE Inc., represented by Steve Williams, applicant, on behalf of Maher Ismail, owner, for approval of a Conditional Use Permit (CUP) to allow a Self -Service Auto Wash, within the Shadow Creek Planned development (PD) District, on approximately 1.386 acres of land, to wit. 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. Summary: The applicant proposes to develop an express tunnel car wash. A Conditional Use Permit (CUP) was previously approved for a carwash on the subject property and a permit has already been reviewed by the City. However, the CUP had expired prior to the permit is finally approved. 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 sloweCa7pearlandtx.gov 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.pearlandtx.gov/public-hearings. 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