R2023-CUP23-19 2023-11-27RESOLUTION R2023- CUP23-19
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Wash use, within the General
Business (GB) District, to accommodate an auto wash facility, on
approximately 1.2085 acres of land, being described as a 1.2085-acre tract of
land located in the H.T. & B.R.R. Company Survey, Section 21, Abstract No.
309, Brazoria County, Texas, being out of and a portion of Lot 1, Block 1 of
Final Plat Sunrise Flats according to the map or plat thereof recorded in
Brazoria County Clerk’s File No. 2023043651, and being out of and a part of
that certain tract of land conveyed to BE FM 518 Realty LTD. recorded in
Brazoria County Clerk’s File No. 2022049189 (located at Southeast Corner
of Broadway Street & Smith Road). Conditional Use Permit Application No
CUP23-19, for Auto Wash use, within the General Business (GB) District, at
the request of Boos Development Group, represented by Jag Sekhon,
applicant, on behalf of BE FM 518 Realty LTD., owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Boos Development Group, represented by Jag Sekhon, applicant, on
behalf of BE FM 518 Realty LTD., owner, is requesting approval of a Conditional Use
Permit (CUP) for Auto Wash use within the General Business (GB) District, on
approximately 1.2085 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 6th day of November 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
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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
“D”; and
WHEREAS, on the 27th day of November 2023, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Boos Development Group, represented by Jag Sekhon, applicant, on behalf of BE FM
518 Realty LTD, owner, is requesting approval of a Conditional Use Permit (CUP) for
Auto Wash 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 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: A 1.2085-acre tract of land located in the H.T. & B.R.R.
Company Survey, Section 21, Abstract No. 309, Brazoria County, Texas, being
out of and a portion of Lot 1, Block 1 of Final Plat Sunrise Flats according to the
map or plat thereof recorded in Brazoria County Clerk’s File No. 2023043651, and
being out of and a part of that certain tract of land conveyed to BE FM 518 Realty
LTD. recorded in Brazoria County Clerk’s File No. 2022049189.
General Location: Southeast Corner of Broadway Street & Smith Road.
Conditions:
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1. The exterior building façades shall be developed in substantial
conformance with materials as depicted in façade renderings.
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.
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PASSED, APPROVED, and ADOPTED on this day, the 27th day of November 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
A 1.2085-acre tract of land located in the H.T. & B.R.R. Company Survey, Section 21,
Abstract No. 309, Brazoria County, Texas, being out of and a portion of Lot 1, Block 1 of
Final Plat Sunrise Flats according to the map or plat thereof recorded in Brazoria County
Clerk’s File No. 2023043651, and being out of and a part of that certain tract of land
conveyed to BE FM 518 Realty LTD. recorded in Brazoria County Clerk’s File No.
2022049189.
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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
November 7, 2023
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 23-19
Honorable Mayor and City Council Members:
At their regular meeting on November 6, 2023, the Planning and Zoning Commission considered
the following:
Request: A 1.2085-acre tract of land located in the H.T. & B.R.R. Company Survey,
Section 21, Abstract No. 309, Brazoria County, Texas, being out of and a portion of Lot 1,
Block 1 of Final Plat Sunrise Flats according to the map or plat thereof recorded in Brazoria
County Clerk’s File No. 2023043651, and being out of and a part of that certain tract of
land conveyed to BE FM 518 Realty LTD. recorded in Brazoria County Clerk’s File No.
2022049189.
General Location: Southeast Corner of Broadway Street & Smith Road.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on November 6, 2023. A representative of the applicant was present
during the meeting and discussed the proposed project. A representative of the owner of the
property to the south was present during meeting and voiced the property owner's opposition to
the requested CUP. The Commission and applicant discussed the surrounding auto washes, the
type of auto wash, and the potential noise levels in relation to the property to the south. While an
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additional condition was not proposed, there was discussion about sound mitigation on prior
approved auto wash locations.
After discussion, the Commission took a motion to recommend approval of the CUP for the Auto
Wash with the staff recommended condition (listed above) and the motion passed by a vote of 4-
0. The vote by the Commission constitutes a positive recommendation for Council.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
CUP 23-19 (Auto Wash)
Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that this CUP is
for an auto wash in GB. Planner I Bauer stated that the CUP conforms to all the criteria of the
UDC for approval. Staff recommends approval with the following condition:
1. The exterior building facades shall be developed in substantial conformance with
materials as depicted in façade renderings.
Applicant Representative, Scott Roltgen with Excel Engineering at 100 Camelot Drive, Fond du
Lac, Wisconsin 54935, was in attendance in Council Chambers to present to the P&Z
Commission. He stated he does agree with the staff report and that the façade will match the
renderings. Mr. Roltgen stated that they did make some adjustments to the site plan to meet
staff’s requirements. He said there was a slight adjustment with the canopy because of the
setback requirements. Mr. Roltgen stated that this will be a great spot for this type of car wash
and any other issues will be addressed during the permitting process.
Applicant Representative, Lauren Smith with Mister Carwash at 222 East 5th Street, Tucson,
Arizona 85705, was in attendance in-person in Council Chambers to answer any questions for
the P&Z Commission.
Vice Chairperson Henrichs called for public input.
Resident, Charles Li at 4502 Riverstone Boulevard, Missouri City, Texas 77459, stated that
he is the real-estate agent for the property owner to the south. He stated the property owner is
not in favor of a car wash at this location.
Commissioner Fuertes discussed the differences in carwashes in the near-by area. He stated that
he does not have a problem with the number of carwashes in the surrounding area. Commissioner
Fuertes stated that he would be voting in favor for this car wash. Commissioner Dugas asked Mr.
Roltgen how the car wash would work. Ms. Smith described the car washing experience at Mister
Carwash. Commissioner McCathran stated that she would be in favor of this carwash. Vice
Chairperson Henrichs stated that she would be in favor of the car wash. Commissioner Fuertes
stated that some P&Z Commissioners that are not in attendance are sometimes concerned with
car washes and their noise level. He asked if the applicant knew the noise level to the south
property line due to the owner wanting to develop a school there. Ms. Smith stated that they have
not completed any noise studies for their car washing equipment but that they wouldn’t have an
issue putting in noise mitigation for an incoming school.
No further discussion from Staff, P&Z Commission or Public input.
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Vice Chairperson Henrichs read into the record the items on Consideration and Possible Action
– Conditional Use Permit Application: CUP 23-19. Commissioner Fuertes made the motion to
approve with the staff recommended condition, Commissioner Dugas seconded the motion.
Motion passed 4-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Assistant Director, Community Development
On behalf of the Planning and Zoning Commission
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