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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 DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E “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. DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E 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 DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E 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 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. 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 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. DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E 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. DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E 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 DocuSign Envelope ID: 4CFE049D-6919-49FB-BDC8-F146AE73EA3E