Ord. CUP 17-00003 2017-08-14 FAILEDOrdinance No. CUP 17-00003
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 a 6.4224 acre tract of
land out of a 313 acre tract in the W.D.0 Hall Survey, Abstract 70, Brazoria
County, Texas. (Located at 2530 E. Broadway Street, Pearland, TX)
Conditional Use Permit Application No CUP 17-00003, within the General
Commercial (GC) zoning district, at the request of Hiren Desai, applicant, on
behalf of Donya, LLC, owner, represented by M. Jay Javadi, managing
member, containing a savings clause, a severability clause, and an effective
date and other provisions related to the subject.
WHEREAS, Hiren Desai, applicant, on behalf of Donya, LLC, owner, represented
by M. Jay Javadi, managing member; is requesting approval of a Conditional Use
Permit (CUP) to allow for a Liquor/Package Store use on approximately 6.4224 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 July 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 July 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 6.4224 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 14th day of August 2017
and the 28nd day of August 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 Hiren Desai, applicant, on behalf of Donya, LLC, owner,
represented by M. Jay Javadi, managing member: for approval of a Conditional Use
Permit on approximately 6.4224 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:
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Ord. No CUP 17-00003
Legal Description: Being a 6.4224 acre tract of land out of a 313 acre tract in
the W.D.0 Hall Survey, Abstract 70, Brazoria County, Texas.
General Location: 2530 E. Broadway 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.
Page 3 of 11
Ord. No CUP 17-00003
PASSED, APPROVED, and ADOPTED on First Reading this day of
, 2017.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
day of 1 2017.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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Ord. No CUP 17-00003
Exhibit A
Legal Description
Being a 6.4224 acre tract of land out of a 313 acre tract in the W.D.0 Hall Survey,
Abstract 70, Brazoria County, Texas.
Page 5 of 11
Ord. No CUP 17-00003
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP 17-00003
2530 E. Broadway St.
QSubject Property
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Page 6 of 11
Ord. No CUP 17-00003
Exhibit C
Legal Ad
To Be Published in the
PEARLAND JOURNAL
Wednesday, June 28, 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:
17-00003
Notice is hereby given that on July 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
Training Room of the Public Safety Building located on
the second floor, located at 2555 Cullen Parkway.
Pearland, Texas. at the request of Hiren Desai, applicant,
on behalf of Donya, LLC, owner. represented by M. Jay
Javadi. managing member: for approval of a Conditional
Use Permit (CUP) to allow for a Liquor/Package Store in
the General Commercial (GC) zoning district; on approxi-
mately 6.4224 acres of land, to wit:
Being a 6.4224 acre tract of land out of a 313 acre tract in
the W.D.0 Hall Survey, Abstract 70, Brazoria County,
Texas.
General Location: 2530 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 De-
partment at 281-652-1765.
Martin Griggs
Senior Planner
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Ord. No CUP 17-00003
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
July 18, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 17-00003
Honorable Mayor and City Council Members:
At their regular meeting on July 17, 2017, the Planning and Zoning Commission
considered the following:
A request of Hiren Desai, applicant, on behalf of Donya, LLC, owner, represented
by M. Jay Javadi, managing member; for approval of a Conditional Use Permit
(CUP) to allow for a Liquor/Package Store in the General Commercial (GC)
zoning district; on approximately 6.4224 acres of land.
Legal Description: Being a 6.4224 acre tract of land out of a 313 acre tract in
the W.D.0 Hall Survey, Abstract 70, Brazoria County, Texas.
General Location: 2530 E. Broadway Street, Pearland. TX.
P&Z Vice Chairperson Thomas Dunacan made a motion to recommend approval of
Conditional Use Application No. CUP 17-00003 and P&Z Commissioner Mary Starr
seconded the motion. The motion to recommend approval failed by a vote of 0-6. P&Z
Chairperson Daniel Tunstall, P&Z Vice Chairperson Thomas Duncan, P&Z
Commissioners Mary Starr. David Selsky, Troy Pradia, and Derrell Isenberg voted in
opposition of the request.
Page 8 of 11
Ord. No CUP 17-00003
Sincerely,
/`%
i
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Page 9of11
Ord. No CUP 17-00003
Exhibit E
Site Plan and Attachments
FLOOR PLAN
2530 E. Broadway, Suite C
Peartand, TX 77581
Approx 2,650 SF
"It CP:,I Tat sur
—Pole -88 .
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'1
A
C
D
Frrt
For Lease Info.
Page 10 of 11
Ord. No CUP 17-00003
Country Club Plaza
2514-2554 E. Broadway (FM 518)
Pearland. TX 77581
Green Tee
Subdivision
2554 E
Broadway
tS4161 t
W - E Broadway rP,1 � 19
Liquor Store
Location
Parking
Ea'tic
Parking
City of
Pearland
Pubic Ldrary
For Info.: 281-484-1111
Pearland
Chamber of
Commerce
City of
Pearland
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Ord. No CUP 17-00003