R2023-CUP23-14 2023-08-28RESOLUTION R2023- CUP23-14
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Gasoline Station use within the General
Business (GB) District, to accommodate a fueling station associated with a
proposed convenience store, on approximately 0.8583 acres of land, being
described as Lot 1, Block 1 of Bailey Retail Center, an addition in the City of
Pearland, Brazoria County, Texas, according to the filed plat recorded in
County Clerk’s File No. 2020011083 in the Plat records of Brazoria County,
Texas (located at 4109 Manvel Road, Pearland, TX). Conditional Use Permit
Application No CUP23-14, for Gasoline Station use within the General
Business (GB) District at the request of Prasad Maragani, Petrichor Technical
Group, LLC., applicant, on behalf of Kashif Kabani, owner, containing a
savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Prasad Maragani, Petrichor Technical Group, LLC., applicant, on
behalf of Kashif Kabani, owner, is requesting approval of a Conditional Use Permit (CUP)
for Gasoline Station use within the General Business (GB) District, on approximately
0.8583 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 7th day of August 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
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“D”; and
WHEREAS, on the 28th 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 Prasad Maragani, Petrichor Technical Group, LLC., applicant, on behalf of Kashif
Kabani, owner, is requesting approval of a Conditional Use Permit (CUP) for Gasoline
Station 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 Gasoline
Station 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 1, Block 1 of Bailey Retail Center, an addition in the City
of Pearland, Brazoria County, Texas, according to the filed plat recorded in County
Clerk’s File No. 2020011083 in the Plat records of Brazoria County, Texas.
General Location: 4109 Manvel Road, Pearland, Texas.
Conditions of Approval:
1. The exterior building facades shall be developed in substantial
conformance with materials as depicted in façade renderings.
2. The columns supporting the fueling station canopy shall be wrapped
with a masonry material that is consistent with an architectural
element of the principal building.
3. The dumpster enclosure shall be made of the same material and
primary color as the main building.
4. The masonry wall shall be 8’ tall instead of the required minimum 6’
in height.
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5. The gas station and convenience store shall be rotated to face
Manvel Road instead of Bailey Road.
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.
PASSED, APPROVED, and ADOPTED on this day, the 28th day of August 2023.
________________________
J. KEVIN COLE
MAYOR
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ATTEST:
_______________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Lot 1, Block 1 of Bailey Retail Center, an addition in the City of Pearland, Brazoria County,
Texas, according to the filed plat recorded in County Clerk’s File No. 2020011083 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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Exhibit “D”
Recommendation Letter with Input and Discussion
Recommendation Letter with Input and Discussion
August 8, 2023
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 23-14
Honorable Mayor and City Council Members:
At their regular meeting on August 7, 2023, the Planning and Zoning Commission considered the
following:
Request: Lot 1, Block 1 of Bailey Retail Center, an addition in the City of Pearland,
Brazoria County, Texas, according to the filed plat recorded in County Clerk’s File No.
2020011083 in the Plat records of Brazoria County, Texas.
General Location: 4109 Manvel Road, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP
request at their regular meeting on August 7, 2023. The applicant was present during the
meeting and discussed the previously approved CUP for a gas station and the delays faced
during the permit process regarding TxDOT approval for the driveways on FM1128 / Manvel
Road. There were two (2) adjacent residents who spoke against the proposed CUP generally
discussing topics of privacy, drainage, and safety. The Commission discussed the previous gas
station that occupied the property, the previously approved CUP for the gas station, the site
development regulations that will be reviewed for at the time of permitting, and the options for
further screening the proposed use from the adjacent residences.
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After discussion, the Commission proposed an increase in the height of the required buffer wall
from 6-feet to 8-feet, which the applicant agreed to.The commission voted on an amended
motion to approve the CUP for the Gasoline Station with the staff recommended
conditions (listed above) and including a fourth condition that the required buffer wall be
increased from 6-feet to 8-feet, and the motion passed by a vote of 4-1, with
Commissioner Dansby voting against. Commissioner Dansby discussed the additional
condition from the Commission and that the CUP was previously approved as
presented in his dissenting vote. The vote by the Commission constitutes
a positive recommendation for Council.
A draft of the meeting minutes outlining the topics discussed follows in this memo.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
CUP 23-14 (Gasoline Station)
Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the CUP is
for a Gas Station in the GB district. Planner I Bauer stated that the CUP conforms to all the criteria
of the UDC for approval. Staff recommends approval of the request with the following conditions:
1. The exterior building facades shall be developed in substantial conformance with materials
as depicted in façade renderings.
2. The columns supporting the fueling station canopy shall be wrapped with a masonry
material that is consistent with an architectural element of the principal building.
3. The dumpster enclosure shall be made of the same material and primary color as the main
building.
Applicant Representative, Prasad Maragani with Petrichor Technical Group, LLC., at 3815
Tarragon Bend Drive, Richmond, Texas 77406, was in attendance in Council Chambers to
present to the P&Z Commission. Mr. Maragani stated that in 2020 the owner was approved for a
CUP for a gas station, but the CUP expired before they could get permits. He stated that recently
they demolished the original gas station building that was on the property. Mr. Maragani stated
that the client is emotionally attached to this site because it was the first gas station his father
owned and operated. He stated that they would be making site improvements and would like to
get into construction as soon as possible.
Chairperson Isenberg called for public input.
Resident, Diane Friday at 7026 Heron Lane, Pearland, Texas 77584, stated that she is opposed
to the CUP. She stated that her family lives at the property next to this proposed site. Ms. Friday
stated that she is concerned with flooding, drainage, the building size, privacy on her property,
safety, light pollution and noise. She stated that the 6-foot buffer will create an alley way near her
property.
Resident, Michael Friday at 7026 Heron Lane, Pearland, Texas 77584, stated that he is opposed
to the CUP. He stated that he has read the City of Pearland Comprehensive Plan and that this
development does not comply with the plan. Mr. Friday stated that his home is right next to the
proposed CUP and that it is rare that a gas station would share a property line with a residential
home. He stated that he is concerned with drainage mitigation, construction workers and gas
station customers invading privacy and the easement that will be created by the residential buffer.
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Commissioner Boswell stated that she appreciates the citizens coming to speak regarding the
CUP. She stated that due to the site history, the character of the site and the previously approved
CUP, she is conflicted about this CUP. Commissioner McCathran stated that she agrees with
Commissioner Boswell and that it is difficult to work with multiple agencies and that this may be
out of the owner's control. She stated that since the owner already was approved for the CUP, he
shouldn’t be denied the right to reopen a gas station. Commissioner Fuertes concurs with the
P&Z Commissioners and stated that working with Texas Department of Transportation can
be difficult. He stated that even if this CUP was extended when it was approved it would have still
expired before now. Commissioner Fuertes stated that the current site is an eye sore to the
community and that city staff will handle drainage during the permitting process. He stated that
no one should be able to see over the neighbor's fence with a 6-foot fence. Mr. Maragani stated
because the property is in a 500-year floodplain they had to raise the pad for the building. He
stated that they could raise the fence to 8-feet if that was fine with city staff and they could block
off the area so no one could enter the alley way area. Mr. Maragani stated that there will be
underground detention on-site and that they will follow all the city guidelines during construction.
Assistant Director Griggs stated that staff has no issue with there being 8-foot residential wall as
long as it met windstorm requirements. Commissioner Dansby asked if they could add
landscaping to enhance privacy and asked about the gas station coming soon sign across the
street from this location. Assistant Director Griggs answered they could add trees and that there
is no current CUP application for the property across the street. Chairperson Isenberg stated that
the applicant can technically permit anything allowed in GB zoning district by right with no CUP
and the applicant is willing to work with neighbors. He said he is struggling with this CUP because
it was already previously approved by City Council. Assistant Director Griggs and Chairperson
Isenberg discussed planting trees in a utility easement.
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 23-14. Commissioner Fuertes made the motion to
approve the CUP with all the conditions recommended by staff and additional condition for the
height of the buffer wall to be extended to 8-feet tall, Commissioner McCathran seconded the
motion.
Motion passed 4-1.
Commissioner Dansby voted against the CUP due to it being approved previously without
conditions and to add conditions would be unfair for the business owner.
Sincerely,
Martin Griggs, AICP, CNU-A
Assistant Director, Community Development
On behalf of the Planning and Zoning Commission
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