R2024-CUP24-16 2024-07-22RESOLUTION R2024-CUP24-16
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for an Auto Wash use within the General
Business (GB) District, to accommodate an Auto Wash, on approximately
2.261 acres of land, being Lot 1, Block 1, Development Plat of Jalili Acres, a
subdivision in Brazoria County, Texas, according to the map or plat thereof,
recorded in County Clerk’s File No. 2023039613 in the Plat records of Brazoria
County, Texas (located at 8013 Broadway Street, Pearland,
TX). Conditional Use Permit Application No CUP24-16, for an Auto Wash use,
within the General Business (GB) District, at the request of Aurangzab Jalili,
applicant, on behalf of Turphin Ventures, LLC., owner, containing a sav ings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Aurangzab Jalili, applicant, on behalf of Turphin Ventures,
LLC., owner, is requesting approval of a Conditional Use Permit (CUP) for an Auto Wash
use within the General Business (GB) District, on approximately 2.261 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 July 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
“D”; and
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WHEREAS, on the 22nd day of July 2024, the City Council having fully heard the
testimony and argument of all interested parties finds that in the case of the application
of Aurangzab Jalili, applicant, on behalf of Turphin Ventures, LLC., owner, is requesting
approval of a Conditional Use Permit (CUP) for an 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 an 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: Lot 1, Block 1, Development Plat of Jalili Acres, a subdivision
in Brazoria County, Texas, according to the map or plat thereof, recorded in County
Clerk’s File No. 2023039613 in the Plat records of Brazoria County, Texas.
General Location: 8013 Broadway Street, Pearland, Texas.
Conditions:
1. The proposed carwash shall be developed in substantial conformance to the
building materials shown on the Applicant's Building Elevation Exhibits.
2. The east and west property lines shall be screened with a minimum 36''
continuous hedgerow of evergreen shrubs to screen the view of the carwash
operations from adjacent properties.
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
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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 Reso lution shall become effective after its passage and
approval
PASSED, APPROVED, and ADOPTED on this day, the 22nd day of July 2024.
________________________
J. KEVIN COLE
MAYOR
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_______________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
ATTEST:
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Exhibit “A”
Legal Description
Lot 1, Block 1, Development Plat of Jalili Acres, a subdivision in Brazoria County, Texas,
according to the map or plat thereof, recorded in County Clerk’s File No. 2023039613 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
July 2, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-16
Honorable Mayor and City Council Members:
At their regular meeting on July 1, 2024, the Planning and Zoning Commission considered the
following:
Public Hearing: A request by Aurangzab Jalili, applicant, on behalf of Turphin Ventures,
LLC., owner, for approval of a Conditional Use Permit (CUP) for an Auto Wash use
within the General Business (GB) District, on approximately 2.261 acres of land, to wit:
Legal Description: Lot 1, Block 1, Development Plat of Jalili Acres, a subdivision in
Brazoria County, Texas, according to the map or plat thereof, recorded in County Clerk’s
File No. 2023039613 in the Plat records of Brazoria County, Texas.
General Location: 8013 Broadway Street, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on July 1, 2024. The applicant was present at the meeting and discussed
the proposed auto wash. There was no comment from the public. The commission and staff
discussed the number of CUPs received in the last two years for auto washes, the amount of
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people that are needed to support a car wash, the number of car washes existing in the city, the
timeline for expiration of a CUP, and the information provided by the applicant when they
previously presented to the commission.
After discussion, the Commission took a motion to recommend approval of the CUP for the Auto
Wash with staff's recommended conditions and the motion passed by a vote of 5-1. The vote
by the Commission constitutes a positive recommendation for Council.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
Consideration and Possible Action - Conditional Use Permit Application: CUP 24-16
Public Hearing: A request by Aurangzab Jalili, applicant, on behalf of Turphin Ventures, LLC.,
owner, for approval of a Conditional Use Permit (CUP) for an Auto Wash use within the General
Business (GB) District, on approximately 2.261 acres of land, to wit:
Legal Description: Lot 1, Block 1, Development Plat of Jalili Acres, a subdivision in Brazoria
County, Texas, according to the map or plat thereof, recorded in County Clerk’s File No.
2023039613 in the Plat records of Brazoria County, Texas.
General Location: 8013 Broadway Street, Pearland, Texas.
Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated that the Conditional
Use Permit (CUP) is for an Auto Wash in the General Business (GB) District and staff has not
received public comments in favor or against the application. Mr. Bauer discussed the history of
the property, the previous CUP expiring in August 2023, and the various locations of Auto
Washes in the area. Mr. Bauer stated that with staff’s conditions the CUP will meet all seven
criteria of the UDC, and staff recommends approval with the following conditions:
1. The proposed carwash shall be developed in substantial conformance to the
building materials shown on the Applicant's Building Elevation Exhibits.
2. The east and west property lines shall be screened with a minimum 36"
continuous hedgerow of evergreen shrubs to screen the view of the carwash
operations from adjacent properties.
Applicant, Tamoor Jalili at 5225 Katy Freeway, Suite 465, Houston, Texas 77007, was in
attendance in-person in Council Chambers to present to the P&Z Board. Mr. Jalili discussed the
brand of Top Soap Car Wash as a high-quality product and that they participated in community
events at other locations. Mr. Jalili stated that he was available for any questions from the
board.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner McDonald asked staff the number of car wash CUPs approved since the initial
approval of the Top Soap Car Wash CUP. Deputy Director Griggs state less than a handful
possibly three. Commissioner McDonald discussed the ratio of car washes in the City of
Pearland. Commissioner Fuertes asked staff the time expiration of a CUP one year or two
years. Planner II Bauer stated yes and that the applicant missed the extension time period.
Commissioner Fuertes discussed the various types of car washes in the City of Pearland.
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Chairperson Isenberg asked the applicant if they agreed with the staff’s conditions. Mr. Jalil
stated yes.
There was 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 24-16. Commissioner Fuertes made the motion to
approve the CUP application with staff conditions and Commissioner Stockdick seconded the
motion.
Motion passed 5-1
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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