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Ord. CUP 17-00006 2017-06-26Ordinance No. CUP 17-00006 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 Planned Unit Development (PUD) zoning district, Being Lot "A" a 6.944 acre parcel of land out of 49.279 acres of land located in the T.C.R.R. Co. survey Section 4. Abstract No. 675, James Crawley Survey, Abstract No. 174, and the W. W. Dupuy & L. F. Robert Survey, Abstract No. 726, Brazoria County, Texas, more particularly being the residue of that certain called 40.8803 acre tract conveyed to GCCLE-Shadow Creek, L.P. by instrument of record under document number 2007005788, B.C.O.R., all of that certain called 7.376 acre that conveyed to GCCLE-Shadow Creek, L.P. by instrument of record under document number 2007005791, B.C.O.R., and all of that certain called 11.429 acre tract conveyed to Kroger Texas L.P. by "Correction Special Warranty Deed" by instrument of record under document number 2007025822, B.C.O.R., also being all of Reserve "A" of the C&S Asphalt Sealing Company Subdivision, a subdivision of record in Volume 24, Page 24 of the Brazoria County Plat Records (B.C.P.R.), said 49.279 acres. (Located at 11041 Shadow Creek Parkway, Pearland, TX.) Conditional Use Permit Application No CUP 17-00006, within the Planned Unit Development (PUD) zoning district, at the request of MSJ Business Group, LLC., represented by James Daniel, applicant, on behalf of Shadow Creek Investors 1, LLC., owner, represented by David Sutton, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, MSJ Business Group, LLC., represented by James Daniel, applicant, on behalf of Shadow Creek Investors 1, LLC., owner, represented by David Sutton; is requesting approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store use on approximately 6.944 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 15th day of May 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 16th day of May 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 6.944 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 12th day of June 2017 and the 26th day of June 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 MSJ Business Group, LLC., represented by James Daniel, applicant, on behalf of Shadow Creek Investors 1, LLC., owner, represented by David Sutton; for approval of a Conditional Use Permit on approximately 6.944 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 Page 2 of 11 Ord. No CUP 17-00006 Limits of the City of Pearland, Texas, and presently being located within the Planned Unit Development (PUD) zoning district, is hereby granted a Conditional Use Permit (CUP) to allow for a Liquor/Package Store use, subject to all requirements of the PUD 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 Lot "A" a 6.944 acre parcel of land out of 49.279 acres of land located in the T.C.R.R. Co. survey Section 4. Abstract No. 675, James Crawley Survey, Abstract No. 174, and the W. W. Dupuy & L. F. Robert Survey, Abstract No. 726, Brazoria County, Texas, more particularly being the residue of that certain called 40.8803 acre tract conveyed to GCCLE-Shadow Creek, L.P. by instrument of record under document number 2007005788, B.C.O.R., all of that certain called 7.376 acre that conveyed to GCCLE-Shadow Creek, L.P. by instrument of record under document number 2007005791, B.C.O.R., and all of that certain called 11.429 acre tract conveyed to Kroger Texas L.P. by "Correction Special Warranty Deed" by instrument of record under document number 2007025822, B.C.O.R., also being all of Reserve "A" of the C&S Asphalt Sealing Company Subdivision, a subdivision of record in Volume 24, Page 24 of the Brazoria County Plat Records (B.C.P.R.), said 49.279 acres. General Location: 11041 Shadow Creek Parkway, 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 Page 3 of 11 Ord. No CUP 17-00006 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. 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 12th day of June, 2017. ATTEST: TOM REID MAYOR : 11//111 II1��� Page 4 of 11 Ord. No CUP 17-00006 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of June, 2017. ATTEST: APPROVED AS TO FORM: 1 DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Page 5 of 11 Ord. No CUP 17-00006 Exhibit A Legal Description Being Lot "A" a 6.944 acre parcel of land out of 49.279 acres of land located in the T.C.R.R. Co. survey Section 4. Abstract No. 675, James Crawley Survey, Abstract No. 174, and the W. W. Dupuy & L. F. Robert Survey, Abstract No. 726, Brazoria County, Texas, more particularly being the residue of that certain called 40.8803 acre tract conveyed to GCCLE-Shadow Creek, L.P. by instrument of record under document number 2007005788, B.C.O.R., all of that certain called 7.376 acre that conveyed to GCCLE-Shadow Creek, L.P. by instrument of record under document number 2007005791, B.C.O.R., and all of that certain called 11.429 acre tract conveyed to Kroger Texas L.P. by "Correction Special Warranty Deed" by instrument of record under document number 2007025822, B.C.O.R., also being all of Reserve "A" of the C&S Asphalt Sealing Company Subdivision, a subdivision of record in Volume 24, Page 24 of the Brazoria County Plat Records (B.C.P.R.), said 49.279 acres. Page 6 of 11 Ord. No CUP 17-00006 Exhibit B Vicinity Map Exhibit 1 AERIAL MAP CUP 17-00006 11041 Shadow Creek Pkwy. Subject Property walnut a far mtorrnatuanal purp.ura and may rot baw bran pmyarral for or Ur *a dabk 1.r kaal. ongthao nng. nr .urny,n,1 purpa.r. 11 boor rv,l ropnaant an on 0.. ground aur ey and repmaonla unly the appro.mate relatne', Moan .1 pnry.rny boonbn nor.. 1 inch = 417 feet .11.1413 p1,AS>IS�; nor q!: rx I: SP Page 7of11 Ord. No CUP 17-00006 0000137331 CITY OF PEARLAND - PLANNING Page 1 HoustCLASSIFIEDShron Conicle Hn MEDIA tljp GROUP rn t An l r AFFIDAVIT OF PUBLICATION STATE OF TEXAS Ordinance No. CUP 17-00006 Exhibit "C" 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 x65 L Product CNPC-Pasadena Citizen CNBA-Bay Area Citizen CNDP-Deer Park Broadcaster CNFJ-Friendswood Journal CNPJ-Pearland Journal 0000137331 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 ' L`- fr NEWSPAPER REPRESENTATIVE Sworn and subscribed to before me, this 4th Day of April A.D. 2017 /e Notary Public in and for the State of Texas •. Ft I WA1 00,1 C c p Jo y. 0 S •.Z r . ,n OFNe kPIR.• �• ��lin/ lllll t' 0000137331 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 17-00006 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 Brazorla, 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 MSJ Business Group. LLC., represented by James Daniel, applicant, on behalf of Shadow Creek Investors 1. LLC., owner, represented by David Sutton; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the General Business (GB) zoning district; on approximately 6.944 acres of land, to wit: Being Lot "A" a 6.944 acre parcel of land out of 49.279 acres of land located in the T.C.R.R. Co. survey Section 4. Abstract No. 675. James Crawley Survey. Abstract No. 174. and the W. W. Dupuy & L. F. Robert Survey, Abstract No. 726, Brazoria County. Texas, more particularly being the residue of that certain called 40.8803 acre tract conveyed to GCCLE-Shadow Creek, L.P. by instrument of record under document number 2007005788, B.C.O.R., all of that certain called 7.376 acre that conveyed to GCCLE-Shadow Creek, L.P. by instrument of record under document number 2007005791, B.C.O.R., and all of that certain called 11.429 acre tract conveyed to Kroger Texas L.P. by "Correction Special Warranty Deed" by instrument of record under document number 2007025822. B.C.O.R., also being all of Reserve "A" of the C&S Asphalt Sealing Company Subdivision, a subdivision of record in Volume 24, Page 24 of the Brazoria County Plat Records (B.C.P.R.), said 49.279 acres. General Location: 11041 Shadow Creek Parkway, 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 0000139781 CITY OF PEARLAND - PLANNING Page 1 Houston Chronicle CLASSIFIEDS �.MEDIA ____ GROUP N I A w 1 T t?rf+vrrlt 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 x61 L Product CNPC-Pasadena Citizen CNBA-Bay Area Citizen CNDP-Deer Park Broadcaster CNFJ-Friendswood Journal CNPJ-Pearland Journal 0000139781 HC034270320 Date Apr 26 2017 Apr 26 2017 Apr 26 2017 Apr 26 2017 Apr 26 2017 Class Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Page aa) -1 NEWSPAPER REPRES NTATIVE Sworn and subscribed to before me, this 29th Day of April A.D. 2017 Notary Public in and for the State of Texas 0000139781 CITY OF PEARLAND - PLANNING Page 2 Houston Chronicle CLASSIFIEDS To Be Published In the PEARLAND JOURNAL Wednesday, April 26, 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 17-00006 Notice is hereby given that on May15, 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 MSJ Business Group. LLC., represented by James Daniel. applicant, on be- half of Shadow Creek Investors 1, LLC., owner, represented by David Sutton; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the Planned Unit Development (PUD) zoning district; on approximately 6.944 acres of land. to wit: Being Lot "A" a 6.944 acre parcel of land out of 49.279 acres of land located in the T.C.R.R. Co. survey Section 4. Abstract No. 675, James Crawley Survey, Abstract No. 174, and the W. W. Dupuy & L. F. Robert Survey, Abstract No. 726. Brazoria County. Texas. morearticularly being the residue of that certain called 40.8803 acre tract conveyed to GCCLE-Shadow Creek, L.P. by instrument of record un- der document number 2007005788, B.C.O.R., all of that certain called 7.376 acre that conveyed to GCCLE-Shadow Creek, L.P. by instrument of record under document num- ber 2007005791, B.C.O.R., and all of that certain called 11.429 acre tract conveyed to Kroger Texas L.P. by "Correc- tion Special Warranty Deed" by instrument of record under document number 2007025822, B.C.O.R., also being all of oscrve "A" of the C&S Asphalt Sealing Company Subdivi- sion. a subdivision of record in Volume 24, Page 24 of the Brazoria County Plat Records (B.C.P.R.), said 49.279 acres. General Location: 11041 Shadow Creek Parkway. 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 Depart- ment at 281-652-1765. Martin Griggs Senior Planner Exhibit C Legal Ad To Be Published in the nsaN Ar2620PEARLAND edeed17 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 17-00006 Notice is hereby given that on May 15. 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 MSJ Business Group. LLC.. represented by James Daniel, applicant, on be- half of Shadow Creek Investors 1. LLC.. owner. represented by David Sutton; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the Planned Unit Development (PUD) zoning district; on approximately 6.944 acres of land, to wit: Being Lot "A" a 6.944 acre parcel of land out of 49.279 acres of land located in the T.C.R.R. Co. survey Section 4. Abstract No. 675. James Crawley Survey, Abstract No. 174, and the W. W. Dupuy & L. F. Robert Survey. Abstract No. 726, Brazoria County, Texas, more particularly being the residue of that certain called 40.8803 acre tract conveyed to GCCLE-Shadow Creek, L.P. by instrument of record un- der document number 2007005788. B.C.O.R., all of that certain called 7.376 acre that conveyed to GCCLE-Shadow Creek. L.P. by instrument of record under document num- ber 2007005791, B.C.O.R.. and all of that certain called 11.429 acre tract conveyed to Kroger Texas L.P. by "Correc- tion Special Warranty Deed" by instrument of record under document number 2007025822, B.C.O.R.. also beim; all of Reserve "A" of the C&S Asphalt Sealing Company Subdivi- sion, a subdivision of record in Volume 24, Page 24 of the Brazoria County Plat Records (B.C.P.R.), said 49.279 acres. General Location: 11041 Shadow Creek Parkway. 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 Depart- ment at 281-652-1765. Martin Griggs Senior Planner Page 8 of 11 Ord. No CUP 17-00006 Exhibit D Planning and Zoning Commission Recommendation Letter Planning & Zoning Commission Recommendation Letter May 16, 2017 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP Application No. CUP 17-00006 Honorable Mayor and City Council Members: At their regular meeting on May 15, 2017, the Planning and Zoning Commission considered the following: A request of MSJ Business Group, LLC., represented by James Daniel, applicant, on behalf of Shadow Creek Investors 1, LLC., owner, represented by David Sutton; for approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in the Planned Unit Development (PUD) zoning district; on approximately 6.944 acres of land. General Location: 11041 Shadow Creek Parkway, Pearland, TX. P&Z Commissioner David Selsky made a motion to recommend approval of Conditional Use Application No. CUP 17-00006, P&Z Vice -Chairperson Thomas Duncan seconded the motion. P&Z Chairperson Daniel Tunstall made a motion to amend the original motion to include staff's recommendations, P&Z Commissioner Mary Starr seconded the motion. The staff's recommended conditions were as follows: 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 amend the original motion passed 5-0. The motion to recommend Page 9 of 11 Ord. No CUP 17-00006 approval passed 5-0. Chairperson Daniel Tunstall, P&Z Vice -Chairperson Thomas Duncan, and P&Z Commissioners David Selsky, Mary Starr, and Ginger McFadden voted in favor of both motions. Sincerely, Martin Griggs Senior Planner On behalf of the Planning and Zoning Commission Page 10 of 11 Ord. No CUP 17-00006 Exhibit E Site Plan and Attachments Page 11 of 11 Ord. No CUP 17-00006