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Home My WebLink AboutR2024-CUP24-24 20250324RESOLUTION R2024-CUP24-24 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 General Business (GB) and the General Commercial (GC) District, on approximately 1.528 acres of land, being Lot 1, Block 1, Minor Plat of Mary Mays, a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in County Clerk’s File No. 2015015904 in the Plat Records of Brazoria County, Texas. (located at 1705 Broadway Street, Pearland, Texas). Conditional Use Permit Application No CUP24-24, for an Auto Was (Self-Service) use within the General Business (GB) and General Commercial (GC) District, at the request of Lonestar Builders, applicant, on behalf of J & J Real Estate LLC., owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Brandon Denison, applicant, on behalf of J&J Real Estate, LLC., owner, is requesting approval of a Conditional Use Permit (CUP) for an Auto Wash use within the General Business (GB) District, on approximately 1.528 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 5th day of March 2025, 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 Docusign Envelope ID: 1FDA0213-11A7-4719-B6FA-EC641EA9944D WHEREAS, on the 24th day of March 2025, the City Council having fully heard the testimony and argument of all interested parties finds that in the case of the application of Brandon Denison, applicant, on behalf of J&J Real Estate, LLC., owner, is requesting approval of a Conditional Use Permit (CUP) for an Auto Wash use within the General Business (GB) District) and 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 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, Minor Plat of Mary Mays, a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in County Clerk’s File No. 2015015904 in the Plat Records of Brazoria County, Texas. General Location: 1705 Broadway Street, Pearland, Texas. Conditions: 1. Landscape Plan shall be revised to include a continuous row of shrubs with a minimum height of three feet (3') at the time of planting be provided along the northern property line to screen the headlights in the stacking area from the residential area beyond Mary's Creek. 2. Gravel is proposed as ground cover for a majority of the site. Gravel is not an acceptable ground cover and shall be revised to a vegetative material. 3. 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. Docusign Envelope ID: 1FDA0213-11A7-4719-B6FA-EC641EA9944D 4. The proposed Auto Wash use shall utilize a centralized vacuum system to reduce noise. 5. Priority for the preservation and protection of the Bradford Pear tree along the edge of the property and ROW shall be maintained during site planning and consideration of the proposed driveway location. 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 Docusign Envelope ID: 1FDA0213-11A7-4719-B6FA-EC641EA9944D PASSED, APPROVED, and ADOPTED on this day, the 24th day of March 2025. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 1FDA0213-11A7-4719-B6FA-EC641EA9944D Exhibit “A” Legal Description Lot 1, Block 1, Minor Plat of Mary Mays, a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in County Clerk’s File No. 2015015904 in the Plat Records of Brazoria County, Texas. Docusign Envelope ID: 1FDA0213-11A7-4719-B6FA-EC641EA9944D Exhibit “B” Vicinity Map Docusign Envelope ID: 1FDA0213-11A7-4719-B6FA-EC641EA9944D Exhibit “C” Notification Docusign Envelope ID: 1FDA0213-11A7-4719-B6FA-EC641EA9944D Exhibit “D” Recommendation Letter with Input and Discussion Recommendation Letter with Input and Discussion March 4, 2025 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Conditional Use Permit Application No. CUP 24-24 Honorable Mayor and City Council Members: At their regular meeting on March 3, 2025, the Planning and Zoning Commission considered the following: Public Hearing: A request by Lonestar Builders, applicant, on behalf of J & J Real Estate LLC., owner, for approval of a Conditional Use Permit (CUP) for an Auto Wash (Self-Service) use within the General Business (GB) District and the General Commercial (GC) District, on approximately 1.528 acres of land, to wit: Legal Description: Lot 1, Block 1, Minor Plat of Mary Mays, a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in County Clerk’s File No. 2015015904 in the Plat Records of Brazoria County, Texas. General Location: 1705 Broadway Street, Pearland, Texas. Docusign Envelope ID: 1FDA0213-11A7-4719-B6FA-EC641EA9944D The Planning and Zoning Commission conducted a public hearing for the proposed CUP request at their regular meeting on March 3, 2025. The applicant was present at the meeting and discussed the proposed auto wash. There was no comment from the public. The commission made comments regarding the Auto Wash land use being saturated and if there was a market for additional car washes in Pearland, asked questions about the conditions presented with this case and the design of the site. 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 5-0. The vote by the Commission constitutes a positive recommendation for Council. Excerpts from the Draft Minutes of the Planning & Zoning Commission Meeting: Consideration and Possible Action - Conditional Use Permit Application: CUP24-24 Public Hearing: A request by Lonestar Builders, applicant, on behalf of J & J Real Estate LLC., owner, for approval of a Conditional Use Permit (CUP) for an Auto Wash (Self-Service) use within the General Business (GB) District and the General Commercial (GC) District, on approximately 1.528 acres of land, to wit: Legal Description: Lot 1, Block 1, Minor Plat of Mary Mays, a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in County Clerk’s File No. 2015015904 in the Plat Records of Brazoria County, Texas.   General Location: 1705 Broadway Street, Pearland, Texas. Planner II Peterson presented the staff report with exhibits. Ms. Peterson explained that the request is for approval of a Conditional Use Permit (CUP) for a self-service auto wash. Ms. Peterson noted that staff has not received any public comments in favor or against the request. Ms. Peterson also reviewed the property’s history, the site plan, landscaping, and renderings of the auto wash. Ms. Peterson stated that the request meets six criteria outlined in the UDC, and that staff recommends approval with the following conditions: For Code Compliance: 1. 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 frontage. At least fifty percent (50%) of the required trees shall be located along the frontage. The caliper size of the trees on the landscape plan must be increased in size to a minimum of two-inches (2"). 2. All tree and shrub species must be to those native to Texas, and non-invasive species. Acceptable tree species can be found in Section 4.2.2.5.(g). of the UDC. Eastern Redbud is an acceptable ornamental tree, Southern Catalpa and Chinese Pistache Multi-Trunks are not acceptable tree species. Winter Gem Boxwood, Japanese Photinia and Anthony Waterer Spiraea are not acceptable shrub species and must be revised. 3. 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 Docusign Envelope ID: 1FDA0213-11A7-4719-B6FA-EC641EA9944D feet (15') of lot frontage. Ornamental trees meeting this requirement must be added to the Landscape Plan. 4. A minimum of sixty percent (60%) of required street trees shall be evergreen with year- round foliage. Landscape plan must be updated to meet this requirement. 5. Update Landscape Plan to show there is at least eight (8') between a tree trunk and any planned or existing overhead or proposed underground public utility lines. 6. 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 on the sides and rear. 7. Bicycle parking spaces shall be provided at an amount equal to a minimum of five percent (5%) of the required vehicular parking spaces. 8. A minimum of twenty-five percent (25%) transparency is required along the front elevation. Approximately twenty percent (20%) transparency has been provided, and the front elevation must be revised to meet the UDC requirement. Car Wash CUP Specific: 1. Landscape Plan shall be revised to include a continuous row of shrubs with a minimum height of three feet (3') at the time of planting be provided along the northern property line to screen the headlights in the stacking area from the residential area beyond Mary's Creek. 2. Gravel is proposed as ground cover for a majority of the site. Gravel is not an acceptable ground cover and shall be revised to a vegetative material. 3. 4. 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. 5. The proposed Auto Wash use shall utilize a centralized vacuum system to reduce noise. 6. Priority for the preservation and protection of the Bradford Pear tree along the edge of the property and ROW shall be maintained during site planning and consideration of the proposed driveway location. Russel Nelson with Lonestar Builders at 2208 west 700 South, Springville, UT 84663, was in attendance in-person in Council Chambers to present to the P&Z Board. Mr. Nelson summarized the auto wash development on the property and was available for any questions from the P&Z Board. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. Docusign Envelope ID: 1FDA0213-11A7-4719-B6FA-EC641EA9944D The Commissioners and the Chair commented on the saturation of auto washes and questioned whether there was a market for additional car washes in Pearland. They also inquired about the conditions associated with this case and the sites design. Chairperson Fuertes read into the record the item of Consideration and Possible Action – Conditional Use Permit Application: CUP 24-24. Commissioner Haskins made the motion to approve the CUP, and Commissioner Henrichs seconded the motion. Commissioner Henrichs made the motion to amend the original motion to include staff conditions for the CUP, and Commissioner Haskins seconded the motion. Motion to amend passed 5-0 Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission Docusign Envelope ID: 1FDA0213-11A7-4719-B6FA-EC641EA9944D