R2024-CUP24-12 2024-04-22RESOLUTION R2024- CUP24-12
Consideration and Possible Action - Resolution No. R2024-CUP24-12 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for an Auto Repair (Major) use within the
General Commercial (GC) District, to accommodate an auto repair (major)
use, on approximately 2.793 acres of land, being a 2.793-acre tract of land
being a part of Lots 3, 4 and 5 of the George W. Jenkins Subdivision, recorded
in Volume 2, Page 20, of the Plat Records of Brazoria County, Texas (located
at 1415 Broadway Street, Pearland, TX). Conditional Use Permit Application
No CUP24-12, for an Auto Repair (Major) use, within the General Commercial
(GC) District, at the request of James Ramirez, applicant, on behalf of
Shauntel Barnett Russell, owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
WHEREAS, James Ramirez, applicant, on behalf of Shauntel Barnett
Russell, owner, is requesting approval of a Conditional Use Permit (CUP) for an Auto
Repair (Major) use within the General Commercial (GC) District, on approximately 2.793
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 1st day of April 2024, 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 22nd day of April 2024, the City Council having fully heard the
testimony and argument of all interested parties finds that in the case of the application
of James Ramirez, applicant, on behalf of Shauntel Barnett Russell, owner, is requesting
approval of a Conditional Use Permit (CUP) for an Auto Repair (Major) use within the
General Commercial (GC) 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
Commercial (GC) District, is hereby granted a Conditional Use Permit (CUP) for an Auto
Repair (Major) 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: 2.793-acre tract of land being a part of Lots 3, 4 and 5 of the
George W. Jenkins Subdivision, recorded in Volume 2, Page 20, of the Plat
Records of Brazoria County, Texas.
General Location: 1415 Broadway Street, Pearland, Texas.
Conditions:
1. The facade facing Broadway Street shall be brought into compliance
with the facade requirements of the Corridor Overlay District (COD)
(transparency, articulation, COD color palette).
2. A no parking area shall be provided along Broadway Street that is
outside of any minimum required fire lane or drive aisle.
3. An approved privacy fence shall be provided along the side yard.
4. The applicant shall demonstrate that the proposed change of use
will not negatively affect stormwater runoff.
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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 22nd day of April 2024.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
______________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
2.793-acre tract of land being a part of Lots 3, 4 and 5 of the George W. Jenkins
Subdivision, recorded in Volume 2, Page 20, of 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
April 2, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-12
Honorable Mayor and City Council Members:
At their regular meeting on April 1, 2024, the Planning and Zoning Commission considered the
following:
Public Hearing: A request by James Ramirez, applicant, on behalf of Shauntel Barnett
Russell, owner, for approval of a Conditional Use Permit (CUP) for an Auto Repair
(Major) use within the General Commercial (GC) District, on approximately 2.793 acres
of land, to wit:
Legal Description: 2.793-acre tract of land being a part of Lots 3, 4 and 5 of the George
W. Jenkins Subdivision, recorded in Volume 2, Page 20, of the Plat Records of Brazoria
County, Texas.
General Location: 1415 Broadway Street, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on April 1, 2024. The applicant was present and discussed the proposed
business. There was one (1) speaker for the request and the speaker had a concern about the
visual impact of the proposed use on the parking area at the rear of their property to the east. The
Commission discussed stormwater pollution, improvements to developed properties, screening
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from the roadway and adjacent properties, types of fencing that is allowed, and location of fire
lanes.
The Commission amended the motion to include staff's recommended conditions as well as
two additional conditions: (1) an approved privacy fence shall be provided along the side yard;
and (2) the applicant shall demonstrate that the proposed change of use will not negatively
affect stormwater runoff.
After discussion, the Commission made a motion to recommend approval of the CUP for an Auto
Repair (Major) use with the amendments and the motion passed by a vote of 7-0. The vote by
the Commission constitutes a positive recommendation for Council approval.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
CONSIDERATION AND POSSIBLE ACTION - CONDITIONAL USE PERMIT APPLICATION:
CUP 24-12
Public Hearing: A request by James Ramirez, applicant, on behalf of Shauntel Barnett Russell,
owner, for approval of a Conditional Use Permit (CUP) for an Auto Repair (Major) use within the
General Commercial (GC) District, on approximately 2.793 acres of land, to wit:
Legal Description: 2.793-acre tract of land being a part of Lots 3, 4 and 5 of the George W.
Jenkins Subdivision, recorded in Volume 2, Page 20, of the Plat Records of Brazoria County,
Texas.
General Location: 1415 Broadway Street, Pearland, Texas.
Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku discussed
that the CUP is for a major Auto Repair shop in the General Commercial (GC) District that consists
of three buildings to be used for office, a paint shop, and a body shop. Senior Planner Buaku
stated staff had received four public comments in favor of the proposed CUP. Senior Planner
Buaku stated the Auto Repair use meets the UDC criteria for approval, and staff recommends
approval with the following conditions:
1. The facade facing Broadway Street shall be brought into compliance with the
facade requirements of the Corridor Overlay District (COD) (transparency, articulation,
COD color palette).
2. A landscaping area shall be provided along Broadway Street that is outside of any
minimum required fire lane or drive aisle.
3. The existing barbed wire fencing shall be removed from the property.
Applicant, James Ramirez at 5715 Medway Harbor Lane, Sugarland, Texas 77479, was in
attendance in-person in Council Chambers to present to the P&Z Board. Mr. Ramirez discussed
that they are proposing to put a collision repair facility on the property. Mr. Ramirez stated they
specialize in BMW and Mercedes and have already been preliminary approved by Clear Lake
BMW and Mercedes. Mr. Ramirez stated that they were asked by BMW North America to put a
collision facility in this general area. Mr. Ramirez stated that he is present for any further
questions.
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Chairperson Isenberg called for public input.
Resident, Diana Townsend at 1411 Broadway Pearland, Texas 77581, stated that she owns the
Music Factory next door to the proposed Auto Repair shop and is concerned about her
customers having to see the damaged vehicles. Ms. Townsend requested a privacy fence
between the two properties.
Vice Chairperson Henrichs discussed that the buildings were built before we had any drainage
and asked staff when they were built. Deputy Director Griggs stated the buildings were
constructed between 1983 and 1992 and because there are no additional buildings being
proposed additional drainage is not required. Vice Chairperson Henrichs asked the applicant
how they plan to control contamination of stormwater. The applicant, Mr. Ramirez, stated that
they must contain paint in fire boxes, they have oil water separators, and use absorbent
material for auto fluids. Vice Chairperson Henrichs asked Mr. Ramirez if it floods how will you
prevent contamination. Mr. Ramirez responded they have sealed containment barrels that are
lifted off the ground and the previous owner stated it did not flood during Hurricane Harvey.
Deputy City Attorney Provins asked for clarification from Vice Chairperson Henrichs of her
concern about stormwater contamination. Vice Chairperson Henrichs stated that she wants to
know what measures they will be taking to prevent the contamination. Mr. Ramirez stated that
they use grit traps. Vice Chairperson Henrichs asked staff what condition would they
recommend. Assistant City Engineer Reyes stated that without a Topographic survey it’s hard
to determine but he recommended a Topographic survey and suggested to reach out to Texas
Department of Transportation (TXDOT) to allow a portion of the drainage to run through them.
Deputy City Attorney Provins stated that if the commission is so inclined to include the applicant
to demonstrate that runoff will not be negatively affecting stormwater caused by a change in
use. Mr. Ramirez stated that they consulted with TXDOT, and they stated since they were not
changing ownership of the property TXDOT has no additional requirements. Vice Chairperson
Henrichs stated they do not look at the environmental aspect of the property. Director Wyly
asked the applicant what their protocol is if a vehicle comes into the shop, and it does leak. Mr.
Ramirez replied they use oil absorbing material to clean up the fluid and dispose of it properly.
Commissioner McDonald asked staff if it would be appropriate to require a plat as a condition
so the city could better understand the non-conformities that exist on the property. Deputy City
Attorney Provins stated that he has not heard anything that would require a plat as currently
outlined and theoretically you could require a condition the property be platted but it is not
current a condition of the CUP. Commissioner Fuertes stated that he is concerned with the
visual appearance of wrecked vehicles on the property from the street. Mr. Ramirez stated that
they are required by the manufacturer to keep the wrecked cars out of the sight of the
customers, and they will put a black mesh fence to screen views. Commissioner Fuertes asked
staff if they are allowed to have a chain link fence with a black mesh in this area. Deputy
Director Griggs stated that staff previously meet with the applicant to go over the Corridor
Overlay District standards, that the front portion of the fencing would need to be a decorative
fence, the side of the property can be a chain link fence, the site plan does not display the fire
lanes that are required to be wrapped around providing access for emergency services and that
will prevent any vehicles being stored on that side. Deputy City Attorney Provins stated that a
chain link fence is allowed, and the applicant has a requirement from the manufacturer to use a
privacy fence. Commissioner Fuertes stated that he would like to ask for staff’s conditions and
add an approved privacy fence for the adjacent properties.
There was no further discussion from Staff, P&Z Commission or Public input.
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Chairperson Isenberg read into the record the item on Consideration and Possible Action –
Conditional Use Permit Application: CUP 24-12. Commissioner Dugas made the motion to
approve the CUP and Commissioner McDonald seconded the motion.
Deputy City Attorney Provins suggested the amended motion to include the staff’s conditions
one through three as displayed in the applicant packet, the fencing on the side yards include
privacy fencing as approved by the City of Pearland in accordance with its codes, that the
applicant demonstrate that the proposed change of use will not negatively affect stormwater
runoff. Commissioner Dugas approved the motion and Commissioner McDonald seconded the
motion.
Motion passed 7-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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