Ord. CUP 17-00004 2017-05-22Ordinance No. CUP 17-00004
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the
General Business (GB) zoning district, Being 2.832 acres of land out of
Lot 110 and Lot F of the subdivision of Alexander, Crain, Harris & Brooks,
Section 1, Abstract Number 147, City of Pearland, Brazoria County, Texas,
also being that certain called East 2.840 acres of 6.6 acres of land described
in deed and recorded in the Official Public Records of Real Property of
Brazoria County, Texas, under County Clerk's File Number 921027 267, said
2.832 acres of land. (Located at 3320 E. Broadway Street, Pearland, TX)
Conditional Use Permit Application No CUP 17-00004, within the General
Business (GB) zoning district, at the request of Richard B. Greenawalt for
Limmrick Spirits, LLC., applicant, on behalf of Pearland-SC, LTD., owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Richard B. Greenawalt for Limmrick Spirits, LLC., applicant, on
behalf of Pearland-SC, LTD., owner; is requesting approval of a Conditional Use Permit
(CUP) to allow for a Liquor/Package Store use on approximately 2.832 acres of land on
the following described property; 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 17th day of April 2017, a Joint Public Hearing was held before
the Planning and Zoning Commission and the City Council of the City of Pearland,
Texas, notice being given by publication in the official newspaper of the City, the
affidavit of publication 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, on the 18th day of April 2017, the Planning and Zoning Commission
submitted its report and recommendation to the City Council regarding the proposed
Conditional Use Permit (CUP) to allow for a Liquor/Package Store use on an
approximately 2.832 acres of land, said recommendation attached hereto and made a
part hereof for all purposes as Exhibit "D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 81h day of May 2017 and
the 22nd day of May 2017; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case
of the application of Richard B. Greenawalt for Limmrick Spirits, LLC., applicant, on
behalf of Pearland-SC, LTD., owner; for approval of a Conditional Use Permit on
approximately 2.832 acres of land to allow for a Liquor/Package Store use; presented
which, in the judgment of the City Council, would justify the approval of said application;
now, therefore,
BE IT ORDAINED 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) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow for a Liquor/Package Store use, subject to all requirements of the GB zoning
district, and the site plan attached hereto and made a part hereof for all purposes as
Exhibit "E", in accordance with all conditions and requirements of the current Unified
Page 2 of 11
Ord. No CUP 17-00004
Development Code and the following conditions approved by the City Council and
incorporated for all purposes, such property being more particularly described as:
Legal Description: Being 2.832 acres of land out of Lot 110 and Lot F of the
subdivision of Alexander, Crain, Harris & Brooks, Section 1, Abstract Number
147, City of Pearland, Brazoria County, Texas, also being that certain called East
2.840 acres of 6.6 acres of land described in deed and recorded in the Official
Public Records of Real Property of Brazoria County, Texas, under County Clerk's
File Number 921027 267, said 2.832 acres of land.
General Location: 3320 E. Broadway Street, Pearland, TX
Conditions of Approval:
1. Bars over or behind the windows are prohibited.
2. Neon and LED strip lighting around the doors or windows are prohibited.
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 for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the amendment 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 Ordinance 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.
Page 3 of 11
Ord. No CUP 17-00004
Section V. All rights and remedies, which have accrued in the favor of the City
under this Ordinance and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 8th day of May,
2017.
ATTEST:
01111814
o`SZ .
7.3
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd
day of May, 2017.
ATTEST:
RFINO, T
Y S RETARY
APPROVED AS TO FORM:
►►IIIA,,,,,
•��
TOM REID
MAYOR
DARRIN M. COKER JJ
CITY ATTORNEY
Page 5 of 11
Ord. No CUP 17-00004
Ordinance No. CUP 17-00004
Exhibit "A"
Exhibit A
Legal Description
Being 2.832 acres of land out of Lot 110 and Lot F of the subdivision of Alexander,
Crain, Harris & Brooks, Section 1, Abstract Number 147, City of Pearland, Brazoria
County, Texas, also being that certain called East 2.840 acres of 6.6 acres of land
described in deed and recorded in the Official Public Records of Real Property of
Brazoria County, Texas, under County Clerk's File Number 921027 267, said 2.832
acres of land.
Page 6 of 11
Ord. No CUP 17-00004
Ordinance No. CUP 17-00004
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 17-00004
3320 E. Broadway St.
OSubject Property
Dn. pr•J ..r .. kr,m w inf ris.runaI purer. anJ
a
mhave Gprepared fur w.I.e
kdal.h mp W
eimvnnf. or aurveyny V rp.we It
.r a rrym.rnr an m• the-pn.unJ.un', a nal
44.,44...4m. .dd. rhe apprummare rdapyr Lcal.un
d pngrrt, In•u.d.nr.
1 Inch = 250 feet
DEPANTME?T
Page 7 of 11
Ord. No CUP 17-00004
Ordinance No. CUP 17-00004
Exhibit "C"
Exhibit C
Legal Ad
To Be Published in the
PEARLAND JOURNAL
Wednesday, March 29, 2017
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY
COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER:
CUP 17-00004
Notice is hereby given that on April 17, 2017, at 6:30 p.m.,
the City Council and Planning and Zoning Commission of
the City of Pearland, in Brazoria, Harris and Fort Bend
Counties, Texas, will conduct a joint public hearing in the
Council Chambers of City Hall, located at 3519 Liberty
Drive, Pearland, Texas, at the request of Richard B.
Greenawalt for Limmrick Spirits, LLC., applicant, on behalf
of Pearland-SC, LTD., owner; for approval of a Conditional
Use Permit (CUP) to allow for a Liquor/Package Store in
the General Business (GB) zoning district; on
approximately 2.832 acres of land, to wit:
Being 2.832 acres of land out of Lot 110 and Lot F of the
subdivision of Alexander. Crain. Harris & Brooks. Section 1,
Abstract Number 147. City of Pearland, Brazoria County,
Texas, also being that certain called East 2.840 acres of
6.6 acres of land described in deed and recorded in the
Official Public Records of Real Property of Brazoria County,
Texas. under County Clerk's File Number 921027 267. said
2.832 acres of land.
General Location: 3320 E. Broadway Street, Pearland, TX.
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject. For
additional information, please contact the Planning
Department at 281-652-1765.
Martin Griggs
Senior Planner
Page 8 of 11
Ord. No CUP 17-00004
0000137328 CITY OF PEARLAND - PLANNING Page 1
Houston Chronicle
CLASSIFIEDS
He MEDIA
Ca GROUP
NeARfT,orpocalton
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper
published in Harris County, Texas. and generally circulated in the Counties of: HARRIS. TRINITY.
WALKER, GRIMES, POLK, SAN JACINTO, WASHINGTON. MONTGOMERY, LIBERTY, AUSTIN.
WALLER, CHAMBERS, COLORADO, BRAZORIA, FORT BEND, GALVESTON, WHARTON,
JACKSON, and MATAGORDA and that the publication, of which the annexed herein, or attached to, is a
true and correct copy, was published to -wit:
CITY OF PEARLAND - PLANNING
RAN A LEGAL NOTICE
SIZE BEING: 2 x51 L
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CN DP -Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000137328 HC034270320
Date
Mar 29 2017
Mar 29 2017
Mar 29 2017
Mar 29 2017
Mar 29 2017
Class
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Page
7//c. //e
NEWSPAPER REPRESENTATIVE
Sworn and subscribed to before me, this 4th Day of April A.D. 2017
Notary
•1. .
blic in and .
for the State o exas
cr
0000137328 CITY OF PEARLAND - PLANNING Page 2
Houston Chronicle
CLASSIFIEDS
To Be Published in the
PEARLAND JOURNAL
W.dnuaday, March 29. 2017
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY
COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER:
CUP 17-00004
Notice is hereby given that on April 17, 2017, at 6:30 p.m.,
the City Council and Planning and Zoning Commission of
the City of Pearland, in Brazoria, Harris and Fort Bend
Counties. Texas. will conduct aoint public hearing in the
Council Chambers of City Hall. located at 3519 Liberty
Drive, Pearland. Texas, at the request of Richard B.
Greenawalt for Limmrick Spirits. LLC., applicant, on behalf
of Pearland-SC, LTD.. owner; for approval of a Conditional
Use Permit (CUP) to allow for a Liquor/Package Store in
the General Business (GB) zoning district: on
approximately 2.832 acres of land, to wit:
Being 2.832 acres of land out of Lot 110 and Lot F of the
subdivision of Alexander, Crain, Harris & Brooks, Section 1,
Abstract Number 147, City of Pearland, Brazoria County,
Texas, also being that certain called East 2.840 acres of
6.6 acres of land described in deed and recorded in the
Official Public Records of Real Property of Brazoria County.
Texas, under County Clerk's File Number 921027 267, said
2.832 acres of land.
General Location: 3320 E. Broadway Street, Pearland, TX.
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject. For
additional information, please contact the Planning
Department at 281-652-1765.
Martin Griggs
Senior Planner
Ordinance No. CUP 17-00004
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
April 18, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 17-00004
Honorable Mayor and City Council Members:
At their regular meeting on April 17, 2017, the Planning and Zoning Commission
considered the following:
A request of Richard B. Greenawalt for Limmrick Spirits, LLC., applicant, on
behalf of Pearland-SC, LTD., owner; for approval of a Conditional Use Permit
(CUP) to allow for a Liquor/Package Store in the General Business (GB) zoning
district; on approximately 2.832 acres of land.
Legal Description: Being 2.832 acres of land out of Lot 110 and Lot F of the
subdivision of Alexander, Crain, Harris & Brooks, Section 1, Abstract Number
147, City of Pearland, Brazoria County, Texas, also being that certain called East
2.840 acres of 6.6 acres of land described in deed and recorded in the Official
Public Records of Real Property of Brazoria County, Texas, under County Clerk's
File Number 921027 267, said 2.832 acres of land.
General Location: 3320 E. Broadway Street, Pearland, TX.
P&Z Commissioner Selsky made a motion to recommend approval of Conditional Use
Application No. CUP 17-00004 with staff recommendations as follows. P&Z
Commissioner Pradia seconded the motion.
Page 9 of 11
Ord. No CUP 17-00004
1. Bars over or behind the windows would be prohibited.
2. Neon and LED strip lighting around the doors or windows would be prohibited.
The motion to recommend approval with staff recommended conditions passed by a
vote of 5-1. P&Z Chairperson Daniel Tunstall was opposed.
Sincerely,
nor:` 4,r-
Martin
G-Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 10 of 11
Ord. No CUP 17-00004
Ordinance No. CUP 17-00004
Exhibit "E"
Exhibit E
Site Plan and Attachments
FOR LEASE
• 1,500 SF Endcap
with Drive-Thru or
Potential Outdoor
Seating
• 1,105 SF Shell
• 4,125 SF Shell
• 5.625 SF Contiguous
• 2,245 SF Restaurant
with Equipment
WPW
REALTY ADVISORS
David Werlin
Ext. 109
dwe r I l n e w pw m g m t. c o n i
WPW Realty Advisors
1530 Pon Oak Bled
54in 2125
16,111•0'. Texas 7:034
Phone. 0131 527.2711
rm. 17131627.7211
wpwe aRya6e•Or5.com
The Centre @ Broadway
1110 — 3320 bat Broadway • I'c.IrlanJ, T cx.I. 77 :- I
Great Gips
Pert I!/ t/pI y7
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Page 11 of 11
Ord. No CUP 17-00004
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
AGENDA OF:
DATE SUBMITTED:
PREPARED BY:
SUBJECT:
EXHIBITS:
FUNDING:
April 17, 2017 - CUP 17- ITEM NO:
00004
10 Apr 2017
Martin Griggs
AIR - 0355
DEPT. OF ORIGIN: Community Development
Conditional Use Permit Application No. CUP 17-00004
A request of Richard B. Greenawalt for Limmrick Spirits, LLC., applicant, on
behalf of Pearland-SC, LTD., owner; for approval of a Conditional Use Permit
(CUP) to allow for a Liquor/Package Store in the General Business (GB)
zoning district; on approximately 2.832 acres of land.
Legal Description: Being 2.832 acres of land out of Lot 110 and Lot F of the
subdivision of Alexander, Crain, Harris & Brooks, Section 1, Abstract Number
147, City of Pearland, Brazoria County, Texas, also being that certain called
East 2.840 acres of 6.6 acres of land described in deed and recorded in the
Official Public Records of Real Property of Brazoria County, Texas, under
County Clerk's File Number 921027 267, said 2.832 acres of land.
General Location: 3320 E. Broadway Street, Pearland, TX.
1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Notification Map 5.
Notification List 6. Applicant Packet
❑ Bonds To Be Sold
❑ Grant
❑ Bonds - Sold
❑ Developer/Other ❑ Cash
❑ LIP - Sold ❑ L/P - To Be Sold
EXPENDITURE REQUIRED: $ AMOUNT BUDGETED: $
AMOUNT AVAILABLE: $ PROJECT NO:
ACCOUNT NO:
ADDITIONAL APPROPRIATION REQUIRED: $
ACCOUNT NO:
PROJECT NO:
To be completed by Department:
EXECUTIVE SUMMARY
BACKGROUND
This request is for approval of a Conditional Use Permit (CUP) located at 3320 E Broadway Street, to
allow for a Liquor/Package Store in the General Business (GB) zoning district. The property is currently
developed as a shopping center. The proposed use is for a package store which will utilize the
existing drive through pick up window located in the 3,000 square foot suite at the far south end of the
existing center along E Walnut Street.
Recommendation
Staff recommends approval of the requested CUP for a Liquor/Package Store on the approximately
2.832 acre site for the following reasons:
1. The parcel is surrounded by other commercially zoned properties and is only partially adjacent
to a Multiple Family (MF) zoned parcel of land developed as Park Place Apartments.
2. The location is not at an entrance to residential neighborhoods.
3. The proposed use is a retail use of similar size and intensity to the surrounding retail and
commercial uses and therefore compatible.
4. The location in an established shopping center and mitigates the potential for negative
aesthetics or activity that might accompany this type of retail use.
5. The applicant has not proposed any modifications to the suite, such as bars over the windows
or additional light, which would negatively affect the surrounding businesses.
If the CUP is considered for approval, staff recommends the following conditions:
1. Bars over or behind the windows would be prohibited.
2. Neon and LED strip lighting around the doors or windows would be prohibited.
Site History
The subject property is currently developed as a shopping center. The site was annexed into the City
in 1960. The property has been zoned as General Business (GB) since that time. The site is bounded
by General Business (GB) to the north, south, east, and west. There is also Multiple -Family
Residential (MF) to the south of the subject property. The below table identifies surrounding uses and
zoning districts:
North
South
East
West
Zoning
General Business (GB)
General Business (GB)
Multiple -Family Residential (MF)
General Business (GB)
General Business (GB)
Land Use
Retail and Commercial
Retail Center and Park Place
Apartments
Retail and Commercial
Grocery Store
Conformance with the Comprehensive Plan
The current zoning of GB on the subject property is in conformance with the future land use
designation of the Comprehensive Plan. The Future Land Use Plan (FLUP) indicates the property to
be "Business Commercial" which is suitable for retail businesses. The purpose of the CUP is to allow
uses that may be suitable in certain locations within a zoning district or when additional standards and
conditions can be imposed to ensure compatibility with adjoining uses. The proposed use is a retail
use of similar size and intensity to the surrounding retail and commercial uses and therefore
compatible.
Conformance with the Thoroughfare Plan
According to City records, Broadway Street is a Major Thoroughfare that is to be widened. The
current right-of-way along this portion of Broadway Street is approximately 100 feet wide. Major
Thoroughfares are defined as having a minimum right-of-way of 120 feet. East Walnut Street is a
Major Collector to be widened. The current right-of-way for East Walnut Street is approximately 80
feet. A Major Collector is defined as having a minimum right-of-way of 80 feet.
Conformance with the Unified Development Code
The property is currently developed as a shopping center. The General Business Retail District (GB)
is intended to permit an extensive variety of commercial uses including retail trade, personal and
business service establishments, offices and commercial recreational uses of limited scope. The
proposed business is compatible with and compliments the surrounding uses.
The lot requirements exceed the lot and setback requirements of the proposed GB zoning district, as
indicated in the in the following table.
General Business (GB) Area Regulations
Size of Lot
Required
Proposed
Minimum Lot Size
22,500 sq. ft.
2.832 Acres
Minimum Lot Width
150 ft.
Approximately 630 feet (triangular lot)
Minimum Lot Depth
125 ft.
Approximately 694 feet (triangular lot)
The location for the proposed use is within an existing shopping center. The shopping center does not
currently meet the requirements of the Unified Development Code (UDC) however, as the shopping
center is currently and actively conducting business, the site will not be required to come into full
compliance. The property also falls within the Corridor Overlay District (COD) and any redevelopment
would be required to be in compliance with the COD requirements in addition to other UDC
requirements. The site is not in -compliance with the required landscape strip against Broadway
Street. Until new or redevelopment occurs on the site, compliance with the COD will not be required.
Platting Status
The subject property is not currently platted. Platting will not be required at this time, however if any
major renovations occur or the property expands, then platting will required at that time.
Availability of Utilities
According to City records, the subject property has access to City water and sanitary sewer
infrastructure. A 16 -inch water line exists along the west side of Broadway Street and another 6 -inch
water line is located along the north side of E Walnut Street. A 24 -inch sanitary sewer line runs along
the south side E Walnut Street.
Impact on Existing and Future Development
The proposed development is not anticipated to have a negative impact on the surrounding area. The
proposed land use will take place within an existing shopping center that is equipped with parking and
other requirements of development. The retail nature of the proposed use is compatible with the
existing shopping center and neighboring retail uses.
Additional Comments
The request has been reviewed by the City's Development Review Committee (DRC) and there were
no additional comments from other departments at the time of this report.
Public Notification
Staff sent public notices, comment forms and a vicinity map to the applicant, the owner of the
property and to property owners within 200 feet of the subject property under consideration for the
zone change. Additionally, a legal notice of the public hearing was published in the local newspaper,
and a notification sign was placed on the property by the applicant.
Opposition to or Support of Proposed Request
Staff has not received any notices in support or in opposition of the proposed CUP request.
Exhibits
1. Aerial Map
2. Zoning Map
3. Future Land Use Map
4. Notification Map
5. Notification List
6. Applicant Packet
km 1
46 '14
rikt I
Exhibit 5
CUP 17-00004
Property_Owner
AGRAWAL GOVIND R % GRA ENTERPRISES LP
ALDI (TEXAS) LLC
CLAYE PP5 INVESTMENTS
EARLY FUN INC % CATHY STANLEY
GREENAWALT RICHARD B, LIMMRICK SPIRITS,
NGUYEN TU M & CYNTHIA H
O'REILLY AUTO ENTERPRISES
PAPPAS JAMES S
PARK PLAZA PROF BLDG
PEARLAND DENTAL CLINIC PA
PEARLAND S -C LTD
SHERWOOD VILLAGE ASSOC LLC
SHIPLEY DONUTS
STFS HOLDINGS LLC
TRAN HAI & THU-HUONG
TSA ENTERPRISES
VERN H MICHAEL SR & H MICHAEL VERN JR
Z & H FOODS INC
Address
12660 SOUTH KIRKWOOD
777 US HWY 90A WEST
957 NASA PKWY
3309 BROADWAY ST
LLC 2105 LIMRICK DR
3401 BROADWAY ST
233 S PATTERSON
510 WELLESLEY DR
2411 PARK AVE
2606 GREEN OAK DR
3900 ESSEX LN STE 1070
1111 BAYHILL DR STE 450
5200 N MAIN ST
119 E EDGEWOOD
3403 BROADWAY ST
6543 EMERALD CANYON RD
2506 GREEN TEE DR
4415 HIGHWAY 6
City State Zip_Code
STAFFORD TX 77477
ROSENBERG TX 77471-9310
HOUSTON TX 77058-3039
PEARLAND TX 77581-4301
PEARLAND TX 77581
PEARLAND TX 77581-4303
SPRINGFIELD MO 65802-2210
HOUSTON TX 77024-5506
PEARLAND TX 77581-4233
KINGWOOD TX 77339-2490
HOUSTON TX 77027-5474
SAN BRUNO CA 94066-3054
HOUSTON TX 77009-3665
FRIENDSWOOD TX 77546-3818
PEARLAND TX 77581-4303
KATY TX 77450-8735
PEARLAND TX 77581-5017
SUGAR LAND TX 77478-4476
NUMBER:IO�A /� 4g)
NUMBER: I`/'Vt�/� �jtl'
0
PEARLAND
N
910
RECEIVED City of Pearland
FEB 2 4 2017 .,Planning Department
Universal Application
ac. Please �co�mm l e'.each field - incomplete applications will not be accepted. All
�`appll�atiofis,Unctuding the checklist, must be submitted in electronic forrnet
as a PDF andprovided by email, USB / CD. Refer to the schedule on the Cit
website and/or within the Planning Department for deadlines and anticipat
meeting dates for each project type.
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281$534765_
iip2ti1.652.ii0Z �
artar .: •
TYPE OF APPLICATION:
❑ Zoning Change (from) (to)
❑ Cluster Development Plan
❑ Planned Development Workshop
❑ Plat (list type):
❑ ZBA Variance
❑ P&Z Variance
❑ Special Exception
▪ Conditional Use Permit
PROJECT INFORMATION:
❑ Residential ❑r Commercial 0 Property Platted
Project Name: Limmrick Spirits, LLC Liquor Store
Project Address/Location: 3320 E. Broadway, Ste. 102 Pearland, TX 77581
Subdivision:
No. of Lots:
KECEIVED
Minot,A 4-.
Pre71mrhery, i dl, ;',\,
o- Master, Replat /c.,
'i -----___--- c,
°/69L9
0 Property Not Platted
Tax ID: 81-5401096
Total Acres:
Brief Description of Project: Modify existing Space fora TABC-permitted Liquor Store for off -premise only sales
When a completed application packet has been accepted and reviewed, additional information may be required by staff as a
result of the review, therefore it may be necessary to postpone the proposed project and remove it from the scheduled agenda and
place it on a future agenda according to Section 1.2.1.2 of the Unified Development Code.
PROPERTY OWNER INFORMATION:
Name:
?e-I'z - SC, , l z�
Address:
3900 Essex Lane, Ste. 1070
APPLICANT/AGENT INFORMATION:
Name: Richard B. Greenawalt for Limmrick Spirits, LLC
Address: 2105 Limrick Drive
Houston . TX 77027 Pearland TX 77581
S City: State: Zip:
77581
Phone:
713-529-4244
Fax: 713-529-9517
Fax:
281-484-4152
Email Address: bderrick@derrickinterests.com Email Address: 2105rick@gmail.com
"Property owner must be the current owner of the property at the time of submittal of the application, and not the party that has
the property under contract.
As owner and applicant, I hereby request approval of the above described request as provided for by the Unified Development
Code of the City of Pearland.
"Owner's Signature:
Agent's/
Applicant's Signature:
gf/L/x
Date: 2-21-2017
Date: 2-21-2017
OFFICE USE ONLY:
r FEES I DATE1
PAID 1 PAID: -�
Fees will be accepted by phone or in pars n. Plea a contact 281.652.1765 for instructi
RECEIVED
BY:
RECEIPT
NUMBER:
February 21, 2017
City of Pearland
Planning Department
Re: Conditional Use Permit Application
This is to confirm that Richard B. Greenawalt of Limmrick Spirits, LLC is authorized to
represent the property owner as its agent in connection with the application to obtain a
Conditional Use Permit for a liquor store to be located at 3310 E. Broadway. Suite 102. Pearland.
Texas.
Regards,
PEARLAND-SC, Ltd.
B.W. Derrick, Inc., General Partner
nice W. Derrick, President
REAL ESTATE & INVESTMENTS
3900 ESSEX LANE, SUITE 1070
HOUSTON, TEXAS 77027-5133
(713) 529-4244 FAX (713) 529-9517
To: The Planning and Zoning Commission and the City Council, City of Pearland, TX
Re: Letter of Intent for the approval of a Conditional Use Permit at 3320 E. Broadway, Ste. 102
Pearland, TX 77581
Letter of Intent
Building Owner — Derrick Interests, Inc.
Applicant — Limmrick Spirits, LLC
Proposed uses: Primary use would be a retail TABC- permitted and regulated Liquor Store selling
beer, wine, and spirits for off -premise consumption to individuals of legal age. Secondary uses would
include tobacco sales (primarily cigars maintained in a humidified environment), the sale of lottery
tickets through the Texas Lottery Commission, and sundry items such as bagged ice, pre-packaged
food, and convenience items such as beverage glasses, non-alcoholic soft drinks and mix items, and
wine and bottle -openers.
Specific operations of the use: This retail store will allow age-appropriate customers to shop for beer,
wine, and spirits across a range of price points and a range of quality levels. Customers will be able to
order ahead by phone or online and pick up their order inside the store or at the drive -up window
area on the south side of the store. Employees will be able to offer information and answer questions
for customers who bill be able to shop in a comfortable environment and utilize small carts to make
their selections in a well -organized retail setting. Sundry convenience and packaged food items will be
available at the check-out locations for Certain of the product will be available cooled while most will
be displayed at room temperature. Product inventory and ice production will be maintained in a non-
public portion of the premises. A segregated area for customer drive-through pick-up will be
maintained.
Square of footage: The store will be 3000 square feet of temperature -controlled space. The drive
through will be accessed by employees through a large pass-through window on the south side of the
store.
Unique characteristics of the property: The store will be located in a high-quality brick-faced building
built in 2006. Half of the building space originally housed an upscale dry cleaning operation, thus the
drive through opening which is accessed by a specific drive-through lane covered by a substantial
metal awning anchored to the building. The other half of the space has never been used and will be
added to the dry cleaning space after demolition of the wall between the two spaces. The property is
easily accessed via FM 518 (East Broadway) and East Walnut Street. There is ample parking for the
patrons.
February 23, 2017
To: The Planning and Zoning Commission and the City of Pearland City Council
Re: Letter of Acknowledgement
Please accept this letter as acknowledgement that Limmrick Spirits, LLC will be responsible for the
posting of the proper CUP notification sign on the property at 3320 E. Broadway in Pearland, TX 77581
at least 10 days prior to the public hearing conducted by the Pearland City Council.
kz,,/
Richard B. Greenawalt, for
Limmrick Spirits, LLC
DESCRIPTION
2.832 acres of land out of Lot 110 and Lot F of the subdivision of Alexander, Crain, Harris &
Brooks, Section 1, Abstract Number 147, City of Pearland, Brazoria County, Texas, also being that
certain called East 2.840 acres of 6.6 acres of land described in deed and recorded in the Official
Public Records of Real Property of Brazoria County, Texas, under County Clerk's File Number
921027 267, said 2.832 acres of land being more particularly described by metes and bounds as
follows:
BEGINNING at a 5/8 inch iron rod found in the Northerly right-of-way line of Walnut Street (60
foot right-of-way) for the Southeasterly corner of that certain called 2.7848 acres of land described
in deed and recorded in the Official Public Records of Real Property of Brazoria County, Texas,
under County Clerk's File Number 95-027240;
Thence, N 00°00'07" W, along the Easterly line of said 2.7848 acre tract, a distance of 394.20 feet
to a 5/8 inch iron rod found in the Southwesterly right-of-way line of F. M. 518 (Broadway)(100 foot
right-of-way), for the Northeasterly corner of said 2.7848 acre tract;
Thence, S 58°52'42" E, along the Southwesterly right-of-way Iine of said F. M. 518, a distance of
601.22 feet to a 5/8 inch iron rod found for a point of non -tangent curvature to the left;
Thence, in a Southeasterly direction, continuing along the Southwesterly right-of-way line of said F.
M. 518, with said curve to the left, having a central angle of 01°19'12", a radius of 5779.58 feet, an
arc length of 133.15 feet, a chord bearing of S 60°00'18" E and a chord length of 133.15 feet to a 5/8
inch iron rod found at the intersection of the Southwesterly right-of-way line of said F. M. 518 with
the Northerly right-of-way Iine of said Walnut Street;
Thence, S 88°27'52" W, along the Northerly right-of-way line of said Walnut Street, a distance of
630.22 feet to the POINT OF BEGINNING and containing 2.832 acres of land.
BEARING ORIENTATION BASED THE EASTERLY LINE OF THAT CERTAIN CALLED
2.7848 ACRES OF LAND DESCRIBED IN DEED AND RECORDED IN THE OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY OF BRAZORIA COUNTY, TEXAS, UNDER
COUNTY CLERK'S FILE NUMBER 95-027240.
TRACT BEING SHOWN ON MAP (SEE, HSC 01369-E)
HOVIS SURVEYING COMPANY
By:
Date: May 4, 2005
Job No.: 05-016-00
Dwg. No.: HSC 01369-E
File No.: A05 -016.00D
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2016 TAX STATEMENT
Certified Owner:
PEARLAND S -C LTD
3900 ESSEX LN STE 1070
HOUSTON, TX 77027-5474
Account No: 0147-0063-000
As of Date: 02/20/2017
RO'VIN GARRETT, PCC
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Appr. Dist. No.:162888
Legal Description:
A0147 A C H & B TRACT F1 -110A ACRES
2.832 (PEARLAND)
Legal Acres: 2.8320
Parcel Address:3310 BROADWAY
Print Date: 02/20/2017
Market Value f Appraised
Assessed
Value
Capped
Value
Homesite
Value
Agricultural
Market Value
Non -Qualifying
Value
Land Improvement ' Value
�
5616,810 51,183,190; 51,800,000
S1,800,000i 50
SO
50
SI,800,000
c
Taxing
Unit
Assessed
Value (100%)
Exemptions
Taxable
Tax
Tax
Code
Amount
Value
Rate
BRAZORIA COUNTY
Amount saved by additional sales r
SPECIAL ROAD & BRIDGE
PEARLAND ISD
BRAZORIA DRAINAGE DIST4
CITY OF PEARLAND
51,800,000
x revenue 31.829.83
51,800.000
51,800,000
51,800,000
S1,800,000
50.00
50.00
50.00
S0.00
S0.00
51,800,000
51,800,000
51,800,000
51,800,000
51,800,000
0.3974050
0.0600000
1.4156000
0.1460000
1 0.6812000
57,153.29
51,080.00
525,480.80
52,628.00
512,261.60
Exemptions:
AMOUNT DUE IF PAID BY:
02/28/2017 7% 03/31/2017 9%
05/01/2017 WY. 05/31/2017 13%
50.00 i S0.00 50.00
Total Tax:
Total Tax Paid to date:
Total Tax Remaining:
S48,603.69
548.603.69
50.00
06/30/2017 15% 07/31/2017 18-+ up to 20•/.
50.00 S0.00
S0.00
08/31/2017 19 + up to 20% 10/02/2017 20 + up to 20% 10/31/2017 21 + op to 20% 11/30/2017 22+up1020% 01/01/2018 23+up1020% 01/31/2018 24+up1020%
50.00 50.00 50.00 50.00 50.00 -_ 50.00
School Information:
'PEARLAND 1SD 2016 M&O 1.0400000 1&S .37560000 Total 1.4156000 2015 M&O 1.0400000 I&S .37560000 Total 1.4156000
PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT.
Print Date: 02/20/2017
PLEASE NOTE YOUR ACCOUNT NUMBER ON YOUR CHECK AND MAKE CHECKS PAYABLE TO:
RO'VIN GARRETT, PCC
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
(979) 864-1320, (979) 388-1320, (281) 756-1320
0147-0063-000
PEARLAND S -C LTD
3900 ESSEX LN STE 1070
HOUSTON, TX 77027-5474
4.1.64
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AMOUNT PAID:
01470063000 2016 022017 00000000000 00000000000 00000000000 6