R2023-CUP23-20 2023-11-27RESOLUTION R2023- CUP23-20
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Repair (Minor) use, within
the Commercial District of the Shadow Creek Ranch Planned Unit
Development (PUD), to accommodate an auto repair facility, on
approximately 0.7308 acres of land, being described as a tract containing
0.7308 acres of land, situated in the J.W. Maxcy Survey, Abstract No. 675,
Brazoria County, Texas, being a residue of lot “D” conveyed to BW Shadow
Creek, LLC. as recorded under Brazoria County Clerk’s File (B.C.C.F.) No.
2017042317, also being out of Lot “D”, Shadow Creek Ranch Commercial Site
No. 18B, map or plat thereof as recorded under Brazoria County Plat Records
(B.C.P.R.) No. 2007035195 (located at 11219 Shadow Creek Parkway,
Pearland, TX). Conditional Use Permit Application No CUP23-20, for Auto
Repair (Minor) use, within the Commercial District of the Shadow Creek Ranch
Planned Unit Development (PUD), at the request of Duplantis Design Group,
PC, represented by Sydney Rich, applicant, on behalf of BW Shadow Creek
LLC., owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, Duplantis Design Group, PC, represented by Sydney Rich, applicant,
on behalf of BW Shadow Creek LLC., owner, is requesting approval of a Conditional Use
Permit (CUP) for Auto Repair (Minor) use within the Commercial District of the Shadow
Creek Ranch Planned Unit Development (PUD), on approximately 0.7308 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
DocuSign Envelope ID: 17BC642A-7070-4646-8D8B-B9C5E63D13A3
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 Duplantis Design Group, PC, represented by Sydney Rich, applicant, on behalf of BW
Shadow Creek LLC., owner, is requesting approval of a Conditional Use Permit (CUP)
for Auto Repair (Minor) use within the Commercial District of the Shadow Creek Ranch
Planned Unit Development (PUD); 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 Commercial
District of the Shadow Creek Ranch Planned Unit Development (PUD), is hereby granted
a Conditional Use Permit (CUP) for Auto Repair (Minor) 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 tract containing 0.7308 acres of land, situated in the J.W.
Maxcy Survey, Abstract No. 675, Brazoria County, Texas, being a residue of lot
“D” conveyed to BW Shadow Creek, LLC. as recorded under Brazoria County
Clerk’s File (B.C.C.F.) No. 2017042317, also being out of Lot “D”, Shadow Creek
Ranch Commercial Site No. 18B, map or plat thereof as recorded under Brazoria
County Plat Records (B.C.P.R.) No. 2007035195.
General Location: 11219 Shadow Creek Parkway, Pearland, TX.
DocuSign Envelope ID: 17BC642A-7070-4646-8D8B-B9C5E63D13A3
Conditions:
1. Large shade trees shall be planted along the west and east property
line to screen adjacent properties from the service bays. Large shade
trees shall be provided with the total caliper inches to equal one inch
(1’’) for each (15’) of the lot length/width with a minimum planting of 2-
inches (2’’).
2. A continuous evergreen hedgerow with height not to exceed four (4)
feet shall be provided along the north property line to screen adjacent
properties from the service bays. If the pipeline easement holder does
not agree to any plantings within the boundary of the easement then
this condition shall be void upon receipt of confirmation from the
easement holder.
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.
DocuSign Envelope ID: 17BC642A-7070-4646-8D8B-B9C5E63D13A3
Section VI. This Resolution shall become effective after its passage and
approval.
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
DocuSign Envelope ID: 17BC642A-7070-4646-8D8B-B9C5E63D13A3
Exhibit “A”
Legal Description
A tract containing 0.7308 acres of land, situated in the J.W. Maxcy Survey, Abstract No.
675, Brazoria County, Texas, being a residue of lot “D” conveyed to BW Shadow Creek,
LLC. as recorded under Brazoria County Clerk’s File (B.C.C.F.) No. 2017042317, also
being out of Lot “D”, Shadow Creek Ranch Commercial Site No. 18B, map or plat thereof
as recorded under Brazoria County Plat Records (B.C.P.R.) No. 2007035195.
DocuSign Envelope ID: 17BC642A-7070-4646-8D8B-B9C5E63D13A3
Exhibit “B”
Vicinity Map
DocuSign Envelope ID: 17BC642A-7070-4646-8D8B-B9C5E63D13A3
Exhibit “C”
Notification
DocuSign Envelope ID: 17BC642A-7070-4646-8D8B-B9C5E63D13A3
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 23-20
Honorable Mayor and City Council Members:
At their regular meeting on November 6, 2023, the Planning and Zoning Commission considered
the following:
Request: A tract containing 0.7308 acres of land, situated in the J.W. Maxcy Survey,
Abstract No. 675, Brazoria County, Texas, being a residue of lot “D” conveyed to BW
Shadow Creek, LLC. as recorded under Brazoria County Clerk’s File (B.C.C.F.) No.
2017042317, also being out of Lot “D”, Shadow Creek Ranch Commercial Site No. 18B,
map or plat thereof as recorded under Brazoria County Plat Records (B.C.P.R.) No.
2007035195.
General Location: 11219 Shadow Creek Parkway, Pearland, TX.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on November 6, 2023. The applicant was present during the meeting and
discussed the proposed project. There were no speakers from the public for or against the
request. The Commission discussed the surrounding auto repair locations, compliance with the
regulations of the Environmental Protection Agency (EPA), and the previous approval of a CUP
for the proposed use on the subject property.
DocuSign Envelope ID: 17BC642A-7070-4646-8D8B-B9C5E63D13A3
After discussion, the Commission took a motion to recommend approval of the CUP for an Auto
Repair (Minor) use with the staff recommended conditions (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 23-20 (Auto Repair Minor)
Planner I Bauer presented the staff report with exhibits. Planner I Bauer provided site history and
included that the most recent CUP expired in July 2023. Planner I Bauer stated that the CUP
conforms to all the criteria with 2 staff recommended conditions of the UDC for approval. Staff
recommends approval with the following conditions:
1. Large shade trees shall be planted along the west and east property line to screen
adjacent properties from the service bays. Large shade trees shall be provided with
the total caliper inches to equal one inch (1’’) for each (15’) of the lot length/width with
a minimum planting of 2-inches (2’’).
2. A continuous evergreen hedgerow with height not to exceed four (4) feet shall be
provided along the north property line to screen adjacent properties from the service
bays. If the pipeline easement holder Page 3 of 29 does not agree to any plantings
within the boundary of the easement, then this condition shall be void upon receipt of
confirmation from the easement holder.
Applicant Representative, Sydney Rich with Duplantis Design Group at 1512 Center Street,
Houston, Texas 77007, was in attendance in Council Chambers to present to the P&Z
Commission. She stated that the CUP for this same development and façade was approved in
2022 and that no changes were made, they just needed to make it through the variance hurdle.
Ms. Rich described Express Oil Change’s daily operations. She stated that Express Oil Change
adheres to all environmental standards and that there is no underground storage. Ms. Rich stated
that Express Oil Change locations are located all over the country. She stated if any cars are kept
overnight, which is rare, they would be stored in the bays.
Vice Chairperson Henrichs called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Fuertes thanked Planner I Bauer for covering both recommended conditions.
Commissioner Fuertes discussed the differences in the auto-repair shops within the surrounding
area and he stated that there is not too much of this type of auto-repair in that area. Commissioner
Dugas agreed with Commissioner Fuertes and stated that he would be in favor of this CUP.
Commissioner McCathran thanked the applicant for the explanation of the business.
Commissioner McCathran asked Ms. Rich if they have cleared all the Environmental Protection
Agency (EPA) hurdles for storage of chemicals. Ms. Rich stated that she is on the engineering
side of this development and does not deal with the EPA approvals, but this is a national brand
that does comply with all federal regulations. Commissioner McCathran stated that she would be
in favor of the CUP. Vice Chairperson Henrichs stated that she does understand that projects do
get delayed and that she would be in favor of this CUP.
No further discussion from Staff, P&Z Commission or Public input.
DocuSign Envelope ID: 17BC642A-7070-4646-8D8B-B9C5E63D13A3
Vice Chairperson Henrichs read into the record the items on Consideration and Possible Action
– Conditional Use Permit Application: CUP 23-20. Commissioner McCathran made the motion to
approve with both conditions recommended by staff, Commissioner Fuertes 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
DocuSign Envelope ID: 17BC642A-7070-4646-8D8B-B9C5E63D13A3