HomeMy WebLinkAboutR2024-CUP24-21 2024-12-16RESOLUTION R2024- CUP24-21
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for an Auto Wash (Self-Service) use within
the Magnolia Parkway Planned Development (PD) District, on
approximately 1.3470 acres of land, being Lot 3, Block 1, Magnolia Commons
Replat and Extension, a subdivision in Brazoria County, Texas, according to
the map or plat thereof, recorded in County Clerk’s File No. 2024016134 in the
Plat Records of Brazoria County, Texas (located West of Manvel Road,
South of Magnolia Parkway, Pearland, Texas). Conditional Use Permit
Application No CUP24-21, for an Auto Wash (Self-Service) use within
the Magnolia Parkway Planned Development (PD) District, at the request of
Srikanth Sharda, applicant, on behalf of Magnolia 15.512 Acres LTD., owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Srikanth Sharda, applicant, on behalf of Magnolia 15.512 Acres LTD.,
owner, is requesting approval of a Conditional Use Permit (CUP) for an Auto Wash (Self-
Service) use within the Magnolia Parkway Planned Development (PD) District, on
approximately 1.3470 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 2nd day of December 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 16th day of December 2024, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Srikanth Sharda, applicant, on behalf of Magnolia 15.512 Acres LTD., owner, is
requesting approval of a Conditional Use Permit (CUP) for an Auto Wash (Self-Service)
use within the Magnolia Parkway Planned Development (PD) 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 Magnolia
Parkway Planned Development (PD) District, is hereby granted a Conditional Use Permit
(CUP) for an Auto Wash (Self-Service) 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 3, Block 1, Magnolia Commons Replat and Extension, a
subdivision in Brazoria County, Texas, according to the map or plat thereof,
recorded in County Clerk’s File No. 2024016134 in the Plat Records of Brazoria
County, Texas.
General Location: West of Manvel Road, South of Magnolia Parkway, Pearland,
Texas.
Conditions:
1.A minimum 25-foot landscape strip containing large shade trees with
a minimum two-inch (2'') caliper measured at twelve inches (12'')
above the root ball shall be provided, with the total caliper inches
equal to at least one inch (1'') for each ten feet (10') of lot depth and
a continuous row of shrubs with a minimum height of three feet (3')
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at the time of planting, must be provided along the eastern and
western property boundary lines.
2.A continuous row of shrubs with a minimum height of three feet (3')
at the time of planting must be provided along the south side of the
primary building and along the southern property line, as shown on
the Landscape Plan.
3.A continuous row of shrubs with a minimum height of three feet (3')
at the time of planting must be provided adjacent to the screening
walls of the refuse containers, as shown in the Landscape Plan.
4.A continuous row of shrubs with a minimum height of three feet (3')
and a minimum of 12 ornamental trees with a minimum two-inch (2")
caliper measured at twelve inches (12") above the root ball must be
installed at the time of planting with an eight foot (8') wide planting
island along the north side of the stacking lane.
5.Ornamental trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball, with the total caliper inches
equal to one inch (1") for each fifteen feet (15') of lot depth, must be
provided at the time of planting along the northern property line with
a planting island of ten feet (10') wide.
6.Gravel mulch is not permitted.
7.The proposed Auto Wash use shall utilize a centralized vacuum
system to reduce noise.
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
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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 16th day of December 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
Lot 3, Block 1, Magnolia Commons Replat and Extension, a subdivision in Brazoria
County, Texas, according to the map or plat thereof, recorded in County Clerk’s File No.
2024016134 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
December 3, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-21
Honorable Mayor and City Council Members:
At their regular meeting on December 2, 2024, the Planning and Zoning Commission considered
the following:
Public Hearing: A request by Srikanth Sharda, applicant, on behalf of Magnolia 15.512
Acres LTD., owner, for approval of a Conditional Use Permit (CUP) for an Auto Wash
(Self-Service) use within the Magnolia Parkway Planned Development (PD) District, on
approximately 1.3470 acres of land, to wit:
Legal Description: Lot 3, Block 1, Magnolia Commons Replat and Extension, a
subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in
County Clerk’s File No. 2024016134 in the Plat Records of Brazoria County, Texas.
General Location: West of Manvel Road, South of Magnolia Parkway, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on December 2, 2024. The property owner and applicant were present,
and the applicant discussed the proposed project. There was no comment from the public. The
commission, staff, and the applicant discussed the recommended conditions, the market demand
for the proposed use, location of the proposed use, and the type of auto washes within the vicinity.
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After discussion, the Commission took a motion to recommend approval of the CUP for an Auto
Wash with staff's recommended conditions and the motion passed by a vote of 5-0. The vote
by the Commission constitutes a positive recommendation for approval by City Council.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
Planning Manager Copeland presented the staff report with exhibits. Mrs. Copeland explained
that the request is for an auto wash with vacuum stations and an office. Mrs. Copeland noted that
there were no public comments either in favor or against the request, discussed the property’s
history, and provided details of the site plan and the locations of car washes in the area. Mrs.
Copeland stated that the zone change meets all seven criteria of the UDC, and staff recommends
approval with the following conditions:
1. A minimum 25-foot landscape strip containing large shade trees with a minimum two-inch
(2'') caliper measured at twelve inches (12'') above the root ball shall be provided, with the
total caliper inches equal to at least one inch (1'') for each ten feet (10') of lot depth and a
continuous row of shrubs with a minimum height of three feet (3') at the time of planting,
must be provided along the eastern and western property boundary lines.
2. A continuous row of shrubs with a minimum height of three feet (3') at the time of planting
must be provided along the south side of the primary building and along the southern
property line, as shown on the Landscape Plan.
3. A continuous row of shrubs with a minimum height of three feet (3') at the time of planting
must be provided adjacent to the screening walls of the refuse containers, as shown in
the Landscape Plan.
4. A continuous row of shrubs with a minimum height of three feet (3') and a minimum of 12
ornamental trees with a minimum two-inch (2") caliper measured at twelve inches (12")
above the root ball must be installed at the time of planting with an eight foot (8') wide
planting island along the north side of the stacking lane.
5. Ornamental trees with a minimum two-inch (2") caliper measured at twelve inches (12")
above the root ball, with the total caliper inches equal to one inch (1") for each fifteen feet
(15') of lot depth, must be provided at the time of planting along the northern property line
with a planting island of ten feet (10') wide.
6. Gravel mulch is not permitted.
7. The proposed Auto Wash use shall utilize a centralized vacuum system to reduce noise.
Landowner, Jenifer Evans at 9337 Katy Freeway #377, Houston, Texas 77024, was in attendance
in-person in Council Chambers to present to the P&Z Board. Ms. Evans explained that they have
been working with the applicant to ensure compliance with the guidelines of the Magnolia
Parkway Planned Development (PD).
Applicant Srikanth Sharda at 4239 Pebble Heights Lane, Sugar Land, Texas 77479, was in
attendance in-person in Council Chamber to present to the P&Z Board. Mr. Sharda discussed
the details of the Car Wash proposal.
Vice Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner McDonald asked the applicant if they agreed with the staff’s proposed conditions.
Applicant, Srikanth Sharda responded affirmatively, stating that he agrees with the conditions.
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Chairperson Fuertes inquired about the applicants’ business and whether they had conducted a
market study. Applicant, Srikanth Sharda explained that the manufacturer, Sonny’s Car Wash,
had reviewed the site and completed a market analysis report. Chairperson Fuertes discussed
the different car washes in the area, noting that this would be the only tunnel car wash in the
immediate area.
There was no further discussion from Staff, P&Z Commission or Public input.
Vice Chairperson Isenberg read into the record the item on Consideration and Possible Action –
Conditional Use Permit Application: CUP 24-21. Commissioner McDonald made the motion to
approve the zone change, and Commissioner Ordeneaux seconded the motion.
Commissioner McDonald made the motion to amend the original motion to include the seven staff
conditions recommended by staff, and Commissioner Ordeneaux seconded the motion.
Motion passed 5-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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