Ord. CUP 17-00009 2017-07-24 Ordinance No. CUP 17-00009
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 Commercial (GC) zoning district, Being Lot A of Block One
containing 1.9636 acres of land out of a parcel of land containing 4.7335
(206,192 square feet) of land more or less out of Lot 32, Zychlinski
Subdivision according to the plat thereof recorded in Volume 29, Page 43,
deed records, Brazoria County, Texas. (Located at 1823 North Main Street,
Pearland, TX.) Conditional Use Permit Application No CUP 17-00009, within
the General Commercial (GC) zoning district, at the request of Pratik Shah
and Keyur Modi, applicants, on behalf of Kim Huynh, owner, containing a
savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Pratik Shah and Keyur Modi, applicants, on behalf of Kim Huynh,
owner; is requesting approval of a Conditional Use Permit (CUP) to allow for a
Liquor/Package Store use on approximately 1.9636 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 19th day of June 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 20th day of June 2017, the Planning and Zoning Commission
submitted its report and recommendation to the City Council regarding the proposed
0
I
Conditional Use Permit (CUP) to allow for a Liquor/Package Store use on an
approximately 1.9636 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 10th day of July 2017 and
the 24th day of July 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 Pratik Shah and Keyur Modi, applicants, on behalf of Kim Huynh,
owner; for approval of a Conditional Use Permit on approximately 1.9636 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
Commercial (GC) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow for a Liquor/Package Store use, subject to all requirements of the GC 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:
Page 2 of 10
Ord. No CUP 17-00009
Legal Description: Being Lot A of Block One containing 1.9636 acres of land
out of a parcel of land containing 4.7335 (206,192 square feet) of land more or
less out of Lot 32, Zychlinski Subdivision according to the plat thereof recorded in
Volume 29, Page 43, deed records, Brazoria County, Texas.
General Location: 1823 North Main Street, Pearland, TX
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.
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.
I
Page 3 of 10
Ord. No CUP 17-00009
0
PASSED, APPROVED, and ADOPTED on First Reading this 10th day of July,
2017.
yv? t
TOM REID
MAYOR
ATTEST:
� _
UN� 41 °F1 T C • /\
ITY ' CRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of July, 2017.
TOM REID
MAYOR
ATTEST:
o'Q 0
1.
ts_./ ' I
tNG4RFIN R
Y SECRETARY ....
APPROVED AS TO FORM:
eofr
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 10
Ord. No CUP 17-00009
Exhibit A
Legal Description
Being Lot A of Block One containing 1.9636 acres of land out of a parcel of land
containing 4.7335 (206,192 square feet) of land more or less out of Lot 32, Zychlinski
Subdivision according to the plat thereof recorded in Volume 29, Page 43, deed
records, Brazoria County, Texas.
Page 5 of 10
Ord. No CUP 17-00009
Exhibit B
Vicinity Map
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' r, fir'A' ' CUP 17-00009
. i ic _ 1823 N.Main St
to O Subject Property
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Page 6 of 10
4 Ord. No CUP 17-00009
Exhibit C
Legal Ad
To Be Published In the
PEARLAND JOURNAL
Wednesday, May 31, 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:
17-00009
Notice is hereby given that on June 19, 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 Pratik Shah and
Keyur Modi, applicants, on behalf of Kim Huynh. owner: for
approval of a Conditional Use Permit (CUP) to allow for a
Liquor/Package Store in the General Commercial (GC) zon-
ing district: on approximately 1.9636 acres of land, to wit:
Being Lot A of Block One containing 1.9636 acres of land
out of a parcel of land containing 4.7335 (206.192 square
feet) of land more or less out of Lot 32. Zychlinski Subdivi-
sion according to the plat thereof recorded in Volume 29.
Page 43, deed records. Brazoria County. Texas.
General Location: 1823 North Main 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 Depart-
ment at 281-652-1765.
Martin Griggs
Senior Planner
Page 7 of 10
Ord. No CUP 17-00009
Exhibit D
Planning and Zoning Commission Recommendation Letter
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TEX AS
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sr. l S
Planning & Zoning Commission
Recommendation Letter
June 20, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 17-00009
Honorable Mayor and City Council Members:
At their regular meeting on June 19, 2017, the Planning and Zoning Commission
considered the following:
A Pratik Shah and Keyur Modi, applicants, on behalf of Kim Huynh, owner; for
approval of a Conditional Use Permit (CUP) to allow for a Liquor/Package Store
in the General Commercial (GC) zoning district; on approximately 1.9636 acres
of land.
Legal Description: Being Lot A of Block One containing 1.9636 acres of land out
of a parcel of land containing 4.7335 (206,192 square feet) of land more or less
out of Lot 32, Zychlinski Subdivision according to the plat thereof recorded in
Volume 29, Page 43, deed records, Brazoria County, Texas.
General Location: 1823 North Main Street, Pearland, TX.
At the regular meeting of the P&Z Commission on June 19, 2017, P&Z Commissioner
Ginger McFadden made a motion to recommend approval of Conditional Use
Application No. CUP 17-00009. P&Z Commissioner David Starr seconded the motion.
Commissioners discussed requesting a study of similar sized cities on their standard
rules and regulations for package liquor stores. Commissioners also requested that the
next liquor store application include maps similar to the gas station map to show
Page 8 of 10
Ord. No CUP 17-00009
previously approved locations of package liquor stores. After discussion, the motion to
recommend approval passed by a vote of 5-2. P&Z Vice-Chairperson Thomas Duncan,
and Commissioners Ginger McFadden, Troy Pradia, David Selsky, and Mary Starr
voted in favor of the motion. P&Z Chairperson Daniel Tunstall and Commissioner
Derrell Isenberg were opposed.
Sincerely,
rA 4*
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9 of 10
Ord. No CUP 17-00009
Exhibit E
Site Plan and Attachments
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Page 10 of 10
Ord. No CUP 17-00009