Ord. CUP 17-00005 2017-05-22Ordinance No. CUP 17-00005
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 all of Tract 2 of Pearland
Plaza, an addition to the City of Pearland, Texas, according to the file plat
recorded in Volume 16, Page 35 and 36, of the Map Records of Brazoria
County. (Located at 3291 E. Broadway Street, Pearland, TX.) Conditional
Use Permit Application No CUP 17-00005, within the General Business (GB)
zoning district, at the request of Michele Kreft, applicant, on behalf of Dairy
Bell LP, owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, Michele Kreft, applicant, on behalf of Dairy Bell LP, owner; is
requesting approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package
Store use on approximately 0.4968 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 0.4968 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 8th day of April 2017 and
the 22nd day of April 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 Michele Kreft, applicant, on behalf of Dairy Bell LP, owner; for
approval of a Conditional Use Permit on approximately 0.4968 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
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 all of Tract 2 of Pearland Plaza, an addition to the City
of Pearland, Texas, according to the file plat recorded in Volume 16, Page 35
and 36, of the Map Records of Brazoria County.
Page 2 of 10
Ord. No CUP 17-00005
General Location: Located at 3291 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.
3. The bollards will be removed on the east side of the parcel to allow cross access
with Walgreens to the east.
Section 11. 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 111. 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.
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.
Page 3 of 10
Ord. No CUP 17-00005
PASSED, APPROVED, and ADOPTED on First Reading this 8th day of May,
2017.
ATTEST:
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd
day of May, 2017.
APPROVED AS TO FORM:
kLJat - -'
ei-kIA-4-
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 4 of 10
Ord. No CUP 17-00005
Ordinance No. CUP 17-00005
Exhibit "A"
Exhibit A
Legal Description
Being all of Tract 2 of Pearland Plaza, an addition to the City of Pearland, Texas,
according to the file plat recorded in Volume 16, Page 35 and 36, of the Map Records of
Brazoria County.
Page 5 of 10
Ord. No CUP 17-00005
Ordinance No. CUP 17-00005
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 17-00005
3291 E. Broadway St.
QSubject Property
TED prdw^ rs for iMor-al...nal pup.e. and
rnar no. haenbeen proal red kr or As sortable
fur I.nal, enrinrnnn.. or.urnn nn. purpo.n. Ir
do+s nor rnprv.mn an mnh. pound .um,' and
npn+nu. mll-
Dar sp.:rumnelr relul rr. bream
of pup.,' baundarn...
1 inch • 208 feet
MARCH 201:
PLANNING DEPARTMENT
Page 6 of 10
Ord. No CUP 17-00005
Ordinance No. CUP 17-00005
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 17-00005
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 Michele Kreft,
applicant, on behalf of Dairy Bell LP, owner. represented by
Kyle Tauch, manager; for approval of a Conditional Use
Permit (CUP) to allow for a Liquor/Package Store in the
General Business (GB) zoning district; on approximately
0.4968 acres of land, to wit:
Being all of Tract 2 of Pearland Plaza. an addition to the
City of Pearland, Texas. according to the file plat recorded
in Volume 16. Page 35 and 36, of the Map Records of
Brazoria County.
General Location: 3291 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 7 of 10
Ord. No CUP 17-00005
0000137329 CITY OF PEARLAND - PLANNING Page 1
Houston Chronicle
CLASSIFIEDS
KirMEDIA
to GROUP
NSA AET4orpor.Jpmr
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 x46 L
Product
CNPC-Pasadena Citizen
CNBA-Bay Area Citizen
CNDP-Deer Park Broadcaster
CNFJ-Friendswood Journal
CNPJ-Pearland Journal
0000137329 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
NEWSPAPER REPRESENTATIVE
Sworn and subscribed to before me, this 4th Day of April A.D. 2017
1$.11`1 //://,6fea‘
otary Public in an for the State o exas
0000137329 CITY OF PEARLAND - PLANNING Page 2
Houston Chronicle
CLASSIFIEDS
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 17-00005
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 Michele Kreft,
applicant. on behalf of Dairy Bell LP. owner, represented by
Kyle Much, manager; for approval of a Conditional Use
Permit (CUP) to allow for a Liquor/Package Store in the
General Business (GB) zoning district; on approximately
0.4968 acres of land, to wit:
Being all of Tract 2 of Pearland Plaza. an addition to the
City of Pearland. Texas, according to the file plat recorded
in Volume 16, Page 35 and 36, of the Map Records of
Brazoria County.
General Location: 3291 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 17-00005
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 17-00005
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 Michele Kreft, applicant, on behalf of Dairy Bell LP, owner,
represented by Kyle Tauch, manager; for approval of a Conditional Use Permit
(CUP) to allow for a Liquor/Package Store in the General Business (GB) zoning
district: on approximately 0.4968 acres of land.
Legal Description: Being all of Tract 2 of Pearland Plaza, an addition to the City
of Pearland, Texas, according to the file plat recorded in Volume 16, Page 35
and 36, of the Map Records of Brazoria County.
General Location: 3291 E. Broadway Street, Pearland, TX.
P&Z Vice -Chairperson Duncan made a motion to recommend approval of Conditional
Use Application No. CUP 17-00005 with staff conditions, P&Z Commissioner Pradia
seconded the motion. The staffs recommended conditions were as follows:
i. Bars over or behind the windows would be prohibited.
2. Neon and LED strip lighting around the doors or windows would be prohibited.
Page 8 of 10
Ord. No CUP 17-00005
3. The bollards will be removed on the east side of the parcel to allow cross access
with Walgreens to the east.
The motion passed 6-0. Chairperson Daniel Tunstall, Vice -Chairperson Thomas
Duncan, and Commissioners Troy Pradia, Derrell Isenberg, Mary Starr. and David
Selsky voted in favor of the motion.
Sincerely.
//7 -pr-, 4*
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 10
Ord. No CUP 17-00005
Exhibit E
Site Plan and Attachments
3291 BROADWAY STREET
3291 BROADWAY STREET / INTERSECTION — PEARLAND, TX 77581
Ordinance No. CUP 17-00005
Exhibit "E"
TRANSWESTERN am* ow Mem ' Ilcin Our
E F T A 1 Retail Listings u Mailing lift
.. ,.. o..Mo.Ya.wrirof.
Page 10 of 10
Ord. No CUP 17-00005
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
AGENDA OF: April 17, 2017 - CUP 17- ITEM NO: AIR - 0356
00005
DATE SUBMITTED: 10 Apr 2017 DEPT. OF ORIGIN: Community Development
PREPARED BY: Martin Griggs
SUBJECT: Conditional Use Permit Application No. CUP 17-00005
A request of Michele Kreft, applicant, on behalf of Dairy Bell LP, owner,
represented by Kyle Tauch, manager; for approval of a Conditional Use Permit
(CUP) to allow for a Liquor/Package Store in the General Business (GB)
zoning district; on approximately 0.4968 acres of land.
Legal Description: Being all of Tract 2 of Pearland Plaza, an addition to the
City of Pearland, Texas, according to the file plat recorded in Volume 16, Page
35 and 36, of the Map Records of Brazoria County.
General Location: 3291 E. Broadway Street, Pearland, TX.
EXHIBITS: 1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Notification Map 5.
Notification List 6. Applicant Packet
FUNDING:
0 Bonds To Be Sold
❑ Grant
0 Bonds - Sold
❑ Developer/Other
0 L/P - Sold
❑ Cash
❑ 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 3291 E Broadway Street, to
allow for a Liquor/Package Store in the General Business (GB) zoning district. The proposed use is to
be located in the existing 4,500 square feet freestanding commercial structure with a retail front at the
northeast corner of Broadway and Barry Rose. The previous use of this building was L&M Trading
Co. Costume Jewelry & Handbags.
Recommendation
Staff recommends approval of the requested CUP for a Liquor/Package Store on the approximately
0.4968 acre site for the following reasons:
1. The parcel is surrounded on three sides by commercial properties and is
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 surround retail and
commercial uses and therefore compatible.
4. The location is an out parcel of an established shopping center which 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.
3. The bollards will be removed on the east side of the parcel to allow cross access with
Walgreens to the east.
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 south, east, and west. Single -Family Residential -2 (R-2) is located
to the north of the subject property. The below table identifies surrounding uses and zoning districts:
Zoning
North
South
Single -Family Residential -2 (R-2)
General Business (GB)
General Business (GB)
Land Use
e
Regency Park #1 Subdivision
Retail Center
Retail Center
East General Business (GB) Retail Center and Commercial
West General Business (GB) Retail Center and Commercial
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 surround 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. Major
Thoroughfares are defined as having a minimum right-of-way of 120 feet. Barry Rose Road is a
Secondary Thoroughfare of sufficient width. A Secondary Thoroughfare is defined as having a
minimum right-of-way of 100 feet.
Conformance with the Unified Development Code
The property is currently developed with a freestanding commercial structure. 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 subject property does not currently meet the requirements of the Unified Development Code
(UDC). A parking layout would need to be provided to verify parking layout for the site. The parking
requirement is the same between general retail and package liquor store so no increase in parking is
generated by the new use (4,500 square feet at 1/200 square feet equals 23 required spaces). The
property also fall within the Corridor Overlay District (COD) and the site will be required to be in
compliance with the COD requirements in addition to other UDC requirements should the site be
redeveloped or the building footprint increased.
Platting Status
The subject property is currently patted as Pearland Plaza, Tract 2 which was recorded March 29,
1979.
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 12 -inch
water line is located along the south side of Barry Rose Road. A 24 -inch sanitary sewer line runs
along the north side Barry Rose Road.
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 development 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 received 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
FLUP MAP
CUP 17-00005
3291 E. Broadway St.
1 inch = 208 feet
Exhibit 5
CUP 17-00005
Property _Owner
ALANIS TAMMY DAWN
BUCHANAN ROBERT E
CFPI LP % RYAN LLC TAX COMPLIANCE
DAIRY BELL LP C/O KYLE TAUCH
GOMEZ JOSE H & GRASIELA L % VERNON L HOHENSEE
KREFT MICHELE
SHERWOOD VILLAGE ASSOC LLC
TSA ENTERPRISES
Address
3302 RANDALLST
2410 SHELIA ST
PO BOX 4900 DEPT 124
5599 SAN FELIPE ST STE 110
PO BOX 368
P.O. BOX 756
1111 BAYHILL DR STE 450
6543 EMERALD CANYON RD
City State Zip_Code
PEARLAND TX 77581-4440
PEARLAND TX 77581-4444
SCOTTSDALE AZ 85261-4900
HOUSTON TX 77056-2761
FAYETTEVILLE TX 78940-0368
COTULLA TX 78014
SAN BRUNO CA 94066-3054
KATY TX 77450-8735
City of Pearland
Planning Department
Universal Application
Please complete each field - incomplete applications will not be accepted. All
applications, Including the checklist, must be submitted in electronic format
as a PDF and provided by email, USB l CD. Refer to the schedule on the City's
website andtor within the Planning Department for deadlines and anticipated
meeting dates for each project type.
TYPE OF APPLICATION:
❑ Zoning Change (from) (to)
❑ Cluster Development Plan
❑ Planned Development We/taboo
❑ Plat (list typej:
❑ ZBA Variance
❑ PdZ Variance
❑ Special Exception
El Conditional Use Permit
PROJECT INFORMATION:
0 Residential 12( Committal 0 Property Platted
Project Name: C5 L il l Y f, Walt
30-611 13rottkvai Atte 4arlan/14-1181
Project AddressJLocation:
Subdivision.
City o( P.arland
Community D.Meloomem
3523 Liberty Dnv.
(Community Canter)
Peo,1arrl Tomas 77581
281 6521765
281.652 1702 (fax)
p.orw+atx.gov
'Piet Types include
Minor, Amending,
Preliminary, Final.
Master. Repia(
0 Property Not Platted
Tax ID: 320(.1 FSU
Bnef Description of Project: t.,lg,uot bl re
No. of Lots:
Total Acres:
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. QVI rue bet \ I�1Q• Tett.s4 r Fy�gY
Address '55•9q San Pe t i ee , Suite- 110
City: % ou stor, State: T) bp: 11054
Phone: 11S • 299.947 "l
Fax
Email Address: KtAtAGi+t P kk uitti1✓rs•cohl
APPLICANT/AGENT INFORMATION:
Name: kirI1P 1< 'f
Address: 4).15. Box 154.
City: t fili-tilQ State: 17 Zlp: 18'014
Phonep2t' e3t-31-i
Fax:
Email Address
hlurhP4pc, r. coon
"Property owner must be the current owner of the property at the time of submittal of tare application. and not the party that has
the property under contract.
Aa owner and applicant, I hereby request proval of the above described request as provided for by the Unified Development
Code of the City of Peartand. ,
—Owner's Signature:
Av
Agent's! y� ^
Applicant's Signature: 1 �i u. Kh.j
Date.
Date: ail 3f r7
OFFICE USE ONLY:
FEES
PAID:
DATE
PAID:
RECEIVED
BY:
Fees will be accepted by phone or In parson. Pleas* contact 281162.1785 for Instructions.
RECEIPT
NUMBER:
APPUCAT1ON
NUMBER:
Designated Agent Authorization
Pearland, TX 77581
Dairy Bell, Kyle Tauch, Mgr. 713-899-9977 ktauch@ktbuilders.com
February 23, 2017
RE: Designated Agent approval for Conditional Use Permit
This letter serves as authorization for Michele Kreft with Pete's Liquor & Wine to file any
and all necessary documentation, on behalf of the property owner, in conjunction with
paperwork submitted for the Conditional Use Permit. Contact information is listed below
for the property owner (at 3291 Broadway Street, Pearland, TX 77581) in the event that we
need to be contacted.
Dairy Bell, Kyle Tauch, Mgr.
5599 San Felipe, Suite 110
Houston, TX 77056
713-899-9977 ktauch@ktbuilders.com
Sincerely,
VkiJ tivk_
Designated Agent Authorization
Letter of Intent
3291 Broadway Street, Pearland, TX 77581
February 23, 2017
RE: Letter of Intent
Proposed Uses: Retail - Liquor Store
Specific operations of the use: Sale of liquor
Square footage of buildings/lot size: 4500 sq ft
Unique characteristics of the property: The old L&M Trading place of business.
DocuSign Envelope ID: CE8CF196-0193-4655-AA58-74DE7E85C632
Sign Acknowledgement
3291 Broadway Street, Pearland, TX 77581
February 23, 2017
RE: Acknowledgement of sign posting
We acknowledge that we are required to post a sign on the property at 3291 Broadway
Street, Pearland, TX 77581 ten (10) days prior to the public hearing.
Sincerely,
,-DocuSlgned by:
KLIUA_VI
"-FB 0 B5B8FB4
Michele Kreftt..
Pete s Liquor & Wine
• •
EXHIBIT A
FtarlamLIX
ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND TOGETHER WITH THE BUILDINGS AND IMPROVEMENTS ERECTED
THEREON LYING AND BEING SITUATED IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, AND BEING DESCRIBED
AS FOLLOWS
BEING ALL OF TRACT 2 OF PEARLAND PLAZA, AN ADDITION TO THE CITY OF PEARLAND, TEXAS, ACCORDING TO THE
FILE PLAT RECORDED IN VOLUME 16, PAGES 35 AND 36, OF THE MAP RECORDS OF BRAZORIA COUNTY, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE WEST CORNER OF SAID TRACT 2, POINT BEING IN THE PRESENT NORTHEAST LINE OF F. M.
HIGHWAY 518 (BROADWAY), A 100 FOOT RIGHT-OF-WAY, POINT ALSO BEING AT THE SOUTHEAST CORNER OF A 40
FOOT WIDE DRAINAGE EASEMENT CONVEYED TO BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4, POINT ALSO BEING
SOUTHEAST 41.50 FEET FROM THE POINT OF INTERSECTION OF THE SAID PRESENT NORTHEAST LINE OF F. M. HIGHWAY
518 AND THE PRESENT SOUTHEAST LINE OF BARRY ROSE ROAD, A 40 FEET RIGHT-OF-WAY, SAID POINT ALSO BEING
S 61 °09'54" E 82.91 FEET FROM THE SOUTHEAST CORNER OF REGENCY PARK SUBDIVISION, ACCORDING TO TT -IF? PLAT
THEREOF RECORDED IN VOLUME 9, PAGE 1, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, AN IRON ROD FOR
CORNER;
THENCE N 44°04'00" E 152.66 FEET PARALLEL r BL TO AND 40 FEET PERPENDICULAR DISTANCE FROM THE SAID PRESENT
SOUTHEAST LINE OF BARRY ROSE ROAD AND ALONG THE NORTHWEST LINE OF SAID TRACT 2 TO AN IRON ROD AT THE
NORTH CORNER OF SAID TRACT 2;
THENCE S 64°05'59" E 122.00 FEET TO AN IRON ROD AT THE EAST CORNER OF SAID TRACT 2;
THENCE S 25°54'01" W 150.00 FEET TO AN IRON ROD AT THE SOUTH CORNER OF SAID TRACT 2 IN THE SAID PRESENT
NORTHEAST LINE OF F. M. HIGHWAY 518, POINT BEING ON A CIRCULAR CURVE;
THENCE NORTHWEST ALONG THE SAID PRESENT NORTHEAST LINE OF F. M. HIGHWAY 518 AND ALONG A CIRCULAR
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01°41'48" AND A RADIUS OF 5729.58 FEET, AN ARC DISTANCE OF
169.67 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.4968 ACRES (21,638.66 SQUARE FEET) OF LAND.
SUBJECT TO AND TOGETHER WITH: ALL RIGHTS AND OBLIGATIONS AS SET FORTH IN CROSS EASEMENT AND PARKING
AGREEMENTS DATED JULY 6, 1979 BETWEEN AM -CAL CONSTRUCTION CORP. AND HAROLD A. CLARK & COMPANY —
PEARLAND, RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COURT, BRAZORIA COUNTY, TEXAS ON
OCTOBER 31,1979 IN VOLUME 1482, PAGE 954, VOLUME 1482, PAGE 968, VOLUME 1482, PAGE 982 AND VOLUME 1483,
PAGE 1.
TOGETHER WITH: A 45 FOOT INGRESS AND EGRP SS EASEMENT.
PREAMBLE SAME AS FOR BOUNDARY SURVEY:
BEGINNING AT A POINT IN THE PRESENT SOUPHEAST LINE OF BARRY ROSE ROAD, A 40 POOT RIGHT-OF-WAY, SAID
POINT BEING N 44°04'00" E 93.71 FEET FROM THE POINT OF INTERSEC."IION OF THE SAID PRESENT SOUTHEAST LINE
OF BARRY ROSE ROAD AND THE PRESENT NORTHEAST LINE OP F. M. HIGHWAY 518 (BROADWAY), A 100 FOOT No -cr-
op -WAY; POINT BEING ON THS NORTHWEST LINE OF A 40 FOOT DRAINAGE DEMENT TO BRAZORTA COUNTY
DRAINAGE DISTRICT NO. 4;
THENCE N 44°04'00" E 45.00 FEET ALONG THE SAID PRESENT SOUTHEAST LINE OF BARRY ROSE ROAD TO A POINT FOR
CORNER;
THENCE S 45°56'00" E 40.00 FEET TO A POINT FOR CORNER 1N THE SOUTHEAST LINE OF SAID 40 FOOT DRAINAGE
EASEMENT,
Portlnd 1-2172934.2 0029978-00001
THENCE S 44°04'00" W 45.00 FEET ALONG THE SOUTHEAST LINE OF SAID 40 FOOT DRAINAGE EASEMENT TO A POINT
FOR CORNER;
THENCE N 45°56'00" W 40.00 FEET TO THE POINT OP BEGINNING AND CONTAINING 0.0413 ACRES (1800.00 SQUARE
FEET) OF LAND.
Patln11-2172934.2 0029978-00001
OFFICIAL TAIWitrftVillrlifiltrllitilitilttlillifi{(1'{)fvflf!I t F�ST CLASS
RO'VIN GARRETT, PCC •L�.SPOSTAGE PAID
BRAZORIA COUNTY TAX ASSESSOR - CC _LECTOR 1 PERMIT NO. 4
111 E. LOCUST ANGLETON TX
ANGLETON, TEXAS 77515 PEARLAND PLAZA (PEARLAN[ ,
Account No: 7026-0002-000 THOMAS J GREEN
Certified Owner: DAIRY BELL LP
2016 VALUE: 284,950
Jr Year
1 2016
9 2016
28 2016
54 2016
96 2016
Levy Pald
1,132.41
170.97
4,033.75
416.03
1,941.08
P&I Parcel Address: 3291 BROADWAY FM 518
0.00 Legal Acres: 0.4867
0.00 Appr No: 237408
0 00 Deposit No: 6B301104580
0.00 Paid Date: 11/30/2016
0.00 Total Paid: $7,694.24
Check No: 00001056
Balance Due: $0.00
DAIRY BELL LP
5599 SAN FELIPE ST STE 110
HOUSTON , TX 77056-2761
Exemption(s): NONE
Brazoria CAD Map Search
Property Identification #: 237408
Property Information: 2017 Owner Identification #: 361829
Geo ID: 7026-0002-000 Legal PEARLAND PLAZA
Situs 3291 BROADWAY FM 518 (PEARLAND), LOT 2,
Address: PEARLAND, Description: A0198 THOMAS J GREEN
Property Real Abstract: S7026
Type: Neighborhood: COMM ACCTS
State Code: F1 Appraised
N/A
Value:
1ennyy's
SibSlnp
RDB, GBC, SPL, CAD,
Jurisdictions: CPL, DR4
24192 L41`J,1
41924
Page 1 of 1
Name: DAIRY BELL LP
Exemptions:
DBA: L & M TRADING CO
162880
162881
162881
Brazoria CAD Map Search
Sherwood
ViIIage
Shorping
Center
247662 City of Hou
This product is for informational purposes only and may not have been prepared for or be suitable for legal. engineering, or surveying purposes. It does not represent an on -
the -ground survey and represents only the approximate relative location of property boundaries. The Brazoria County Appraisal District expressly disdains any and all liability
In connection herewith.
https://propaccess.trueautomation.con/mapSearch/propertyPrint.html?cid=51 &p=237408 2/22/2017
it
TRANSWESTERN
R E T A I L
January 30, 2017
Cody Kreft
cody@diamondkoperating.com
979-482-4735
1900 West Loop South
Suite 1300
Houston, TX 77027
Phone: 713-231-1562
Re: Proposed terms of New Lease between Dairy Bell LP ("Landlord") and PETE'S
LIQUOR AND WINE, LLC_("Tenant") concerning premises at 3291 Broadway Street /
Intersection — Pearland, TX 77581 ("the Leased Premises").
Dear Cody:
This letter will serve to set forth the basic terms and conditions upon which Dairy Bell LP
("Landlord") proposes a New Lease with PETE'S LIQUOR AND WINE, LLC_("Tenant"). Our
proposal is as follows:
LANDLORD: Dairy Bell LP
TENANT: PETE'S LIQUOR AND WINE, LLC
TRADE NAME: d/b/a Pete's Liquor and Wine
GUARANTY: Cody Kreft to personally guaranty the lease if a separate business
entity is to sign as Tenant. DIAMOND K OPERATING, LLC to be
additional Guarantor.
FINANCIALS: Tenant to submit personal and/or business financials for Landlord
review. Deal terms are subject to Landlord approval of financials.
LEASED PREMISES: Approximately 4,500 sq. ft. of building area in Landlord's Free
Standing Building ("The Site") known to be located at 3291
Broadway Street / Intersection — Pearland, TX 77581, such premises
being shown on the site plan attached hereto as Exhibit "A".
PERMITTED USE: The Leased Premises shall open for business and operate
continuously throughout the term of the Lease as Liquor store.
TERM: A primary term of Ten (10) years.
GROSS RENT: Years 1-2: $19 PSF + $3 NNN $8,250/Mo.
Years 3-4: $20 PSF + $3 NNN $8,625/Mo.
Years 5-6: $21 PSF + $3 NNN $9,000/Mo.
Years 7-8: $22 PSF + $3 NNN $9,375/Mo.
The Performance Advantage in Real Estate
TRANSWESTERN®
Page 2 of 5
OPTIONS:
FREE RENT:
DELIVERY OF
POSSESSION:
SECURITY DEPOSIT:
PREPAID RENTAL:
TAXES, INSURANCE
AND CAM:
UTILITIES:
MAINTENANCE:
LANDLORD WORK:
TENANT
IMPROVEMENT:
RENT
COMMENCEMENT:
SPECIAL
PROVISION:
Years 9-10: $23 PSI' + $3 NNN $9,750/Mo.
Tenant shall have two (2) options to extend the lease for five (5)
years at ten (10) percent increases.
Tenant shall have one (1) months of free rent outside the lease term.
Tenant shall be responsible for the NNN's during the free rent
period.
Within thirty (30) business days following lease execution.
Last month's gross rent, $9,750.00.
First month's gross rent, $8,250.00.
Tenant shall reimburse Landlord for Tenant's pro -rata share of all
real estate taxes and assessments, insurance and common area
maintenance costs for the Shopping Center. (Currently estimated to
be $3.00/SF per year for 2017.)
Tenant shall be responsible for all utility charges for usage in the
Leased Premises.
All maintenance of the Leased Premises shall be the responsibility of
Tenant including, but not limited to, the mechanical, electrical and
plumbing systems. Landlord shall be responsible for maintenance of
the roof, exterior walls and structural integrity of the building which
comprises the Leased Premises and the common areas of the
Shopping Center including, but not limited to the parking areas.
Landlord shall deliver space to Tenant in as -is condition the HVAC
in good working order.
Landlord shall provide ten dollars per square foot ($10.00/SF) for
tenant improvement allowance.
Tenant shall commence paying minimum rent ninety (90) days after
Landlord delivers the Leased Premises to Tenant or the date Tenant
opens for business, whichever occurs first.
The Lease shall be null and void if Tenant is unable to obtain
permitting from TABC.
The Performance Advantage in Real Estate
151 TRANSWESTERN®
Page 3 of 5
CONFIDENTIALITY: Landlord and Tenant each agree not to disclose the terms of this
agreement to any third parties; provided, however, that the foregoing
shall not apply to disclosures which may be required by applicable
law or made by Landlord in connection with its financing of the
Shopping Center.
AGENCY:
BROKERAGE
COMMISSION:
Very truly yours,
“t0 -
Ryan Holliday
TRANS WESTERN
Agent for Landlord
See the attached "Information About Brokerage Services", as Exhibit
"B", regarding the agency's disclosure of which Transwestern
represents the Landlord in this transaction.
In the event Landlord and Tenant execute a Lease Agreement for the
Leases Premises, Landlord agrees to pay a leasing commission as set
forth in a separate agreement with Transwestern Property Company SW
GP, L.L.C. d/b/a Transwestern, as Landlord's Agent.
AGREED AND ACCEPTED THIS DAY OF JANUARY, 2017
Tenant:
PETE'S LIQUOR AND WINE, LLC
Landlord:
Dairy Bell LP
By: By:
Name: Name:
Title: Title:
Date: bate:
The Performance Advantage in Real Estate
TRANSWESTERN®
Page 4of5
I':xhihit '"A»
Site Plan
Premises
The Performance Advantage in Real Estate
TRANSWESTERN®
Page 5 of 5
Approved by the Texas Real Estate Commission for Voluntary Use
Texas law requires all real estate licensees to give the following information
about brokerage services to prospective buyers, tenants, sellers and landlords.
Information About Brokerage Services
Before working with a real estate broker, you should
know that the duties of a broker depend on whom
the broker represents. If you are a prospective
seller or landlord (owner) or a prospective buyer or
tenant (buyer), you should know that the broker who lists
the property for sale or lease is the owners agent. A
broker who acts as a subagent represents the owner in
cooperation with the listing broker. A broker who acts as
a buyer's agent represents the buyer. A broker may act as
an intermediary between the parties if the parties
consent in writing. A broker can assist you in locating a
property. preparing a contract or lease, or obtaining
financing without representing you. A broker is obligated
by law to treat you honestly.
IF THE BROKER REPRESENTS THE OWNER:
The broker becomes the owner's agent by entering into an
agreement with the owner, usually through a written -
listing agreement, or by agreeing to act as a subagent by
accepting an offer of subagency from the listing broker. A
subagent may work in a different real estate office. A
listing broker or subagent can assist the buyer but does
not represent the buyer and must place the interests of
the owner first. The buyer should not tell the owner's
agent anything the buyer would not want the owner to
know because an owner's agent must disclose to the
owner any material information known to the agent.
IF THE BROKER REPRESENTS THE BUYER:
The broker becomes the buyer's agent by entering into an
agreement to represent the buyer, usually through a
written buyer representation agreement. A buyer's agent
can assist the owner but does not represent the owner
and must place the interests of the buyer first. The owner
should not tell a buyer's agent anything the owner would
not want the buyer to know because a buyer's agent must
disclose to the buyer any material information known to the
agent.
IF THE BROKER ACTS AS AN INTERMEDIARY:
A broker may act as an intermediary between the parties
if the broker complies with The Texas Real Estate License
Act. The broker must obtain the written consent of each
party to the transaction to act as an intermediary. The
written consent must state who will pay the broker and, in
conspicuous bold or underlined print, set forth the brokers
obligations as an intermediary. The broker is required to
treat each party honestly and fairly and to comply with
The Texas Real Estate License Act. A broker who acts
as an intermediary in a transaction:
(1) shall treat all parties honestly;
(2) may not disclose that the owner will accept a
price less than the asking price unless authorized in
writing to do so by the owner;
(3) may not disclose that the buyer will pay a price
greater than the price submitted in a written offer
unless authorized in writing to do so by the buyer; and
(4) may not disclose any confidential information or
any information that a party specifically instructs the
broker in writing not to disclose unless authorized in
writing to disclose the information or required to do so
by The Texas Real Estate License Act or a court
order or if the information materially relates to the
condition of the property.
With the parties' consent, a broker acting as an
intermediary between the parties may appoint a person who
is licensed under The Texas Real Estate License Act
and associated with the broker to communicate with and
carry out instructions of one party and another person who
is licensed under that Act and associated with the broker
to communicate with and carry out instructions of the
other party.
If you choose to have a broker represent you,
you should enter into a written agreement with the broker
that clearly establishes the broker's obligations and your
obligations. The agreement should state how and by
whom the broker will be paid. You have the right to
choose the type of representation, if any, you wish to
receive. Your payment of a fee to a broker does not
necessarily establish that the broker represents you. If you
have any questions regarding the duties and
responsibilities of the broker, you should resolve those
questions before proceeding.
Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records.
Buyer, Seller, Landlord or Tenant
Date
Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Comm,ssion (TREC). It you have a queston
or complaint regarding a real estate Icensee. you should contact TREC at P.O. Box 12188, Austin. Texas 78711-2188 or 512-465-3960.
01A TREC No. OP -K
The Performance Advantage in Real Estate
FOR INFORMATION, CONTACT:
713.270.3385
713.231.1623
PROPERTY INFORMATION
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Up to 4,500 sf available
ECONOMIC INFORMATION
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www.twhoustonretail.com
Suite 13001 Houston, TX 770271 Phone: 713.270.77
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Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records.
Buyer, Seller, Landlord or Tenant
OIA TREC No. OP -K