R2023-CUP23-12 2023-08-14RESOLUTION R2023- CUP23-12
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Wash use within Shadow Creek
Ranch Planed Development (PD) District, on approximately 1.0521 acres of
land, being described as Lot “C-1”, Block 1, First Partial Replat of The Reserve
at Shadow Creek Ranch, a subdivision of 1.0521 acres of land in the City of
Pearland, Texas, according to the map or plat recorded in County Clerk’s File
No. 2012022859 in the Plat records of Brazoria County, Texas (located at
Southeast Quadrant of Business Center Drive & Discovery Bay Drive,
Pearland, TX). Conditional Use Permit Application No CUP23-12, for Auto
Wash use within Shadow Creek Planed Development (PD) District at the
request of Varinder Tandon, applicant, on behalf of CCAC Sam’s Shadow
Creek, LLC., owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, Varinder Tandon, applicant, on behalf of CCAC Sam’s Shadow
Creek, LLC., owner, is requesting approval of a Conditional Use Permit (CUP) for Auto
Wash use within shadow Creek Planed Development (PD) District, on approximately
1.0521 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 17th day of July 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 reviewed all the
information provided and heard the testimony of all those who wished to speak has
provided a recommendation letter with input and discussion attached hereto as Exhibit
DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E
“D”; and
WHEREAS, on the 14th day of August 2023, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Varinder Tandon, applicant, on behalf of CCAC Sam’s Shadow Creek, LLC., owner,
for approval of a Conditional Use Permit (CUP) for Auto Wash within Shadow Creek
Ranch 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 Shadow Creek
Planed Development (PD) 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: Lot “C-1”, Block 1, First Partial Replat of The Reserve at
Shadow Creek Ranch, a subdivision of 1.0521 acres of land in the City of Pearland,
Texas, according to the map or plat recorded in County Clerk’s File No.
2012022859 in the Plat records of Brazoria County, Texas.
General Location: Southeast Quadrant of Business Center Drive & Discovery Bay
Drive.
Conditions of Approval:
1. The applicant shall provide a color rendering that meets the Shadow
Creek Village Architectural Review Committee requirements for
Commercial Sites of the proposed use and be developed to be in
substantial conformance with materials depicted on façade details
submitted with this CUP application.
2. The applicant shall provide details on the vacuum station structures
and shall accommodate masonry wrapping of the structures to a
DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E
height equal to the painted split face CMU wainscot provided in the
façade details submitted with this CUP application.
3. The site plan shall be amended to accommodate the following:
a. A minimum 6’ depth planting area along the entire length of
stacking lane near the east property line with a continuous
hedge row with a minimum 3’ in height at planting.
b. Infill the areas between the proposed street tree landscape
strip along Discovery Bay drive with a continuous hedge row
with a minimum 3’ in height at planting.
c. A landscaped planting area with dense enough planting to
screen the exit of the tunnel and immediate drive aisle. The
planting area shall contain large shade trees with a minimum
4” caliper measured at 12” above the root ball, with the total
caliper inches equal to at least 1.5” for each 10’ of lot depth
along the area south of the exit. The planting area shall also
include a continuous hedge row with a minimum of 3’ in height
at planting. There shall be no plantings required within the
area necessary to ensure clear sight visibility for exiting traffic
from the car wash. A Sight Distance Visibility Study shall be
required at permitting stage for the intersection of the
entrance/exit with the drive aisle to determine appropriate
clearance due to the curvature of the roadway.
d. Provide a continuous row of shrubs along the east property
line parallel with the building.
4. The vacuum systems shall be enclosed and maintained inside the
building in the equipment room to reduce noise for adjacent property
owners.
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.
DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E
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 14th day of August 2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
_______________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E
Exhibit “A”
Legal Description
Lot “C-1”, Block 1, First Partial Replat of The Reserve at Shadow Creek Ranch, a
subdivision of 1.0521 acres of land in the City of Pearland, Texas, according to the map
or plat recorded in County Clerk’s File No. 2012022859 in the Plat records of Brazoria
County, Texas.
DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E
Exhibit “B”
Vicinity Map
DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E
Exhibit “C”
Notification
DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E
Exhibit “D”
Recommendation Letter with Input and Discussion
Recommendation Letter with Input and Discussion
July 18, 2023
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 23-12
Honorable Mayor and City Council Members:
At their regular meeting on July 17, 2023, the Planning and Zoning Commission considered the
following:
Request: Varinder Tandon, applicant, on behalf of CCAC Sam’s Shadow Creek, LLC.,
owner, for approval of a Conditional Use Permit (CUP) for Auto Wash use, within the
Shadow Creek Ranch Planned Development (PD) District, on approximately 1.0521 acres
of land.
General Location: Southeast Quadrant of Business Center Drive & Discovery Bay Drive
The Commission held a public hearing and discussed the CUP request. The applicant was
available and discussed the use along with the existing development in the vicinity. There was
discussions about the compatibility of the proposed use with the location of the site and the
Gateway 288 Future Land Use Designation. After discussions, the commission agreed with staff
recommendation of denial based on the incompatibility of the use with both the existing and
envisioned character of the area in the Shadow Creek PD. The commission voted on a
recommendation to approve the CUP with a vote of 0-6 denying recommendation to approve
the CUP.
DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E
A draft of the meeting minutes outlining the topics discussed follows in this memo. This action
represents a negative recommendation for City Council to approve the request as presented. This
is an advisory recommendation and to approve the CUP, a simple majority vote of the City Council
is required.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
CUP 23-12 (Auto Wash)
Planner I Bazargan presented the staff report with exhibits. Planner I Bazargan stated that CUP
application is for a car wash located in the Shadow Creek PD. Planner I Bazargan stated that the
CUP conforms to 6 out of 7 of the criterions of the UDC for approval. Staff recommends denial
due to the character of the area. Staff recommends 4 conditions if the P&Z Commission considers
to approve the CUP:
1. The applicant shall provide a color rendering that meets the Shadow Creek Village
Architectural Review Committee requirements for Commercial Sites of the proposed
use and be developed to be in substantial conformance with materials depicted on
façade details submitted with this CUP application.
2. The applicant shall provide details on the vacuum station structures and shall
accommodate masonry wrapping of the structures to a height equal to the painted split
face CMU wainscot provided in the façade details submitted with this CUP
application.
3. The site plan shall be amended to accommodate the following
a. A minimum 6’ depth planting area along the entire length of stacking lane
near the east property line with a continuous hedge row with a minimum 3’ in
height at planting.
b. Infill the areas between the proposed street tree landscape strip along
Discovery Bay drive with a continuous hedge row with a minimum 3’ in height
at planting.
c. A landscaped planting area with dense enough planting to screen the exit
of the tunnel and immediate drive aisle. The planting area shall contain large
shade trees with a minimum 4” caliper measured at 12” above the root ball,
with the total caliper inches equal to at least 1.5” for each 10’ of lot depth along
the area south of the exit. The planting area shall also include a continuous
hedge row with a minimum of 3’ in height at planting. There shall be no
plantings required within the area necessary to ensure clear sight visibility for
exiting traffic from the car wash. A Sight Distance Visibility Study shall be
required at permitting stage for the intersection of the entrance/exit with the
drive aisle to determine appropriate clearance due to the curvature of the
roadway.
d. Provide a continuous row of shrubs along the east property line parallel
with the building.
4. The vacuum systems shall be enclosed and maintained inside the building in the
equipment room to reduce noise for adjacent property owners.
Applicant, Varinder Tandon with Mint Express Carwash at 6240 4315 Lone Creek Hill Court, Katy,
Texas 77494, was in attendance at Council Chambers to present to the P&Z Commission. He
DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E
stated that Mint Express Carwash currently has 2 locations, and they are looking to add 3 more
locations by the end of the year. Mr. Tandon stated that this is a customer centric business. He
described the staffing, chemicals that would be used and what they are planning for community
outreach. Mr. Tandon shared the online reviews of his current carwash locations and the site plan
for this proposed location. He stated that carwash services will be around 10 dollars. Mr. Tandon
stated that he understands staff’s assessment.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Vice Chairperson Henrichs asked staff what types of businesses would be ideal for this location
and asked how site detention will be handled. Assistant Director Griggs stated that the Shadow
Creek PD has detention capacity for this area and the ideal uses would be those meeting the 288
gateway description. Vice Chairperson Henrichs asked staff what kind of developments should
be in this area. Assistant Director Griggs stated that area in 288 Gateway should have higher
commercial uses in order to maintain a higher quality development. Commissioner Boswell stated
that she is not favor of this CUP application. She stated that this development wouldn’t match the
character of the area, that there are enough carwashes in the city, and there is a better use for
this location. Commissioner Fuertes asked why this CUP application is being considered by the
P&Z Commission since Shadow Creek Ranch falls under the Land Use and Urban Development
Code. Assistant Director Griggs stated that auto uses CUPs are reviewed by the P&Z Commission
and City Council due to the all PD amendment from 2017 which required CUP’s for many auto
related uses. Commissioner Fuertes stated that he worked with the Shadow Creek Ranch
developers until 2011 and in his opinion the developers did not intend for a carwash to go in this
location. He stated that he likes the carwash product and would probably be in favor of this CUP
if it was in a different location. Commissioner McCathran stated that Pearland has quite a few
express carwashes and asked the applicant what sets their carwash apart from the others. Mr.
Tandon stated that they provide additional services to customers like towels and water bottles.
Commissioner McCathran asked the applicant if they have reviewed the conditions suggested by
staff. Mr. Tandon stated that they spoke to the surrounding businesses like Sam’s Club to see if
they are in support of the business. Deputy City Attorney Provins clarified Commissioner
McCathran’s question to Mr. Tandon. Mr. Tandon stated that they are fine with the conditions
suggested by staff. Commissioner McCathran asked staff if the city if engaged with any other
businesses to be built in this location. Assistant Director Griggs stated that the city’s vision for this
corridor is to maintain a high-quality standard for development and that Community Development
does not seek out businesses to develop in a particular location. Commissioner McCathran stated
that there are a lot of medical uses in that area and that she is not in favor of this CUP. Chairperson
Isenberg agreed with the other P&Z Commissioners and stated that the product is good, but the
location is bad. Commissioner Kuhn agreed with the other P&Z Commissioners.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the items on Consideration and Possible Action –
Conditional Use Permit Application: CUP 23-12. Commissioner Fuertes made the motion to
approve, Commissioner Boswell seconded the motion.
Motion denied 0-6.
DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E
Sincerely,
Martin Griggs, AICP, CNU-A
Assistant Director, Community Development
On behalf of the Planning and Zoning Commission
DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E