R2017-020 2017-02-13 POSTPONED&iLpb?t ecl
RESOLUTION NO. R2017-20
A Resolution of the City Council of the City of Pearland, Texas,
authorizing a variance to Chapter 4, Alcoholic Beverages, of the
City's Code of Ordinances, authorizing the sale of beer and wine (off -
premise consumption only) at a distance not closer than 250 feet
from a public school property line (Shadycrest Elementary).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the owner of the property generally located at the intersection
of Broadway and Liberty Drive has submitted a petition for an alcohol distance variance
attached hereto as Exhibit "A".
Section 3. That the City Council hereby approves a variance to Chapter 4,
Alcoholic Beverages, of the City's Code of Ordinances, to allow a proposed grocery
store, located near the intersection of Broadway and Liberty Drive, permission to sell
beer and wine (off -premise consumption only) at a distance not closer than 250 feet
from a public school property line (Shadycrest Elementary).
PASSED, APPROVED and ADOPTED this the day of
, A.D., 2017.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2017-20
Exhibit "A"
Kimley>»Horn
January 26, 2017
City of Pearland Community Development
3523 Liberty Drive
Pearland, Texas 77581
Re: Beer and Wine Sales Petition Letter
Att: Young Lorfing
To Whom it may concern:
Kimley-Horn and Associates is requesting a variance for the sale of off -premise beer and wine sales
permit for the property located on the SEC of Liberty Dr. and Broadway. It is our intent to build a +/-
36,000 SF grocery store on 5.64 acres of the vacant 16.84 acres just north of City hall and
Shadycrest Elementary School. The proposed grocery store's property line will lie approximately
256' from the property line of Shadycrest Elementary School, 2405 Shady Bend Dr, Pearland, TX
77581. We request a variance to allow our grocer to sale beer and wine for off -premise
consumption.
Sincerely,
Brian Gillis, PE
Attachments
kind.
.77
a,-
gitc)
Library
e.
Subject Parcel — Site of
Proposed Grocery
Store (Lidl)
• , A
Az:\ ALA,
Shadycrest Elementary
ktil*
...40446 •
Proposed Grocery Store Parcel and Surrounding Properties within 300 -foot Buffer.
EXISTIN:.
BANK
EXISTI\v
RETAi L
EXISTING EXISTING
RETAIL : OFFICE
•
7+w ROW DEDICAT•ON
M •1 '8 AC\
U G
1,1
rr,
BROADWAY STREE1
•
•
EING
FUNERAL XISTNOME
PIRBANHARY ZONING INFORMATION
»K I•,M... I..,..,
b.A..
1Nietiffortv
MIONNIO
IWPara
•.wast •
11111.01
wNOD
i a
wwrewM.n
...o..v
11.114,+1
.001.6.01
We C..ww.w.owe.l
FOR
REVIEW
ONLY
ii
VARIANCE EXHIBIT
0
T p N
5
m
< O
f J N
CO
9-
'- •7- -
•.aow,.wa.
EXHIBIT
VICINITY MAP
Darrin Coker
From: Clay Pearson
Sent: Monday, February 06, 2017 2:44 PM
To: Councill
Cc: Lata Krishnarao; Matt Buchanan; Manager's Office; Darrin Coker
Subject: Fwd:Alcohol Variance
FYI,received this on the liquor variance request bring formalized for your consideration,likely next Monday.Clay
Clay Pearson Get Connected:
City Manager I Administration ff El.
City of Pearland 13519 Liberty Drive Pearland, TX
77581 ` in
P: 281.652.1663 I M: 281.979.4460
pearlandtx.gov
Forwarded message--------
From: "Kelly,John"<KellyJP@pearlandisd.org>
Date: Mon, Feb 6,2017 at 2:38 PM-0600
Subject: RE:Alcohol Variance
To:"Clay Pearson"<CPearson@pearlandtx.gov>
Cc:"Trent Perez"<tperez@pearlandtx.gov>
Clay:
I greatly appreciate the efforts you and other city officials have taken to make us aware of the request for a variance to
the property located near Shadycrest Elementary School. After various people received information last night about the
possibility of a grocery store being established within 300 feet of Shadycrest Elementary School, I began to receive
protestations aimed at opposing the site's use for the sale of alcohol.
Specifically this morning I have heard from several school trustees and a representative of the Shadycrest Elementary
PTA. They expressed strong opposition and asked that the school district communicate those sentiments to city
officials. While they realize that the store in question may be physically separated from Shadycrest Elementary School
(after the land parcel is
split into 2 or more purposes)anxieties about its proximity remain.
Our trustees next called meeting is not until February 14,2017,a day after this variance is considered. Thus I am unable
to receive a formal vote on this by trustees prior to February 13—and am prohibited (by the Open Meetings Act)from
"polling"the board in advance. But it appears that such a vote would be strongly in opposition to this variance.
Some of the reasons cited in opposition to the variance are these:
1. Concerns about the safety of students attending Shadycrest Elementary—realizing that students living within 2
miles of the school may walk, bike, be transported by parents,or bused past the site of the proposed store—
with its patrons possibly under the influence of alcohol.
2. With frequent nighttime events at the campus,the concern is not limited to daytime school hours. The
possibility of related alcohol consumption in the evening is greater.
1
3. None of our Pearland ISD elementary schools are located in close proximity to a store selling alcohol;people
would like to see it stay that way.
4. There is anxiety that such an approved variance is a "slippery slope"for future similar requests—and that
granting one here paves the way for insisting on others consistent with this request.
5. There is no compelling reason to grant this variance.
Please share this information with the city council.
Sincerely,
JOHN P. KELLY, Ph.D.
Superintendent, Pearland ISD
From:Clay Pearson jmailto:CPearson@pearlandtx.gov]
Sent:Monday,February 6,2017 10:19 AM
To:Kelly,John<KellyJP@pearlandisd.org>
Cc: Matt Buchanan<MBuchanan@pearlandedc.com>; Darrin Coker<DCoker@pearlandtx.gov>;Jon Branson
<JBranson@pearlandtx.gov>
Subject: Fw:Alcohol Variance
Dr. Kelly: Please find attached documents which explain the configuration of the proposed grocery on
Broadway, a Lidl store competitor to Aldi. The liquor portion of the project is being prepared for likely the
13th meeting. it sounds that the applicant's plan would be a rezoning and a lot split later in March. They
likely do not want to proceed with the rezoning and lot split for the grocery until they know the disposition of
the off-sale liquor sale allowance within the grocery store. As you will see in the attached,the lot split and
creation of the new smaller lot required for the grocery would remove it from having property adjacent to the
school property as currently exists. Clay
Clay Pearson Get Connected:
City Manager I Administration 11 ` C:.:�
City of Pearland 13519 Liberty Drive I Pearland, TX 77581
P: 281.652.1663 I M: 281.979.4460
pearlandtx.gov
How can we better serve you?Take our customer satisfaction survey.Service The Pearland Way
'rk'stn.3a4 .dfwt{ 01, a474" f! .
• r x 0 ]�
1 .n�2f :1"r l'
z a s'! !k ma ' s
•
..s=t y -a�. r X�RS Cl •"`f.�,,.� .c 4 .Ys'[ ' ? .s • .7;;L•
2
City Manager Clay Pearson reported Council is being asked for approval to renew a
contract for mechanical services, maintenance and repairs for Public works facilities to
STP Services with a total expenditure estimated at $500,000.00 for the period of February
24, 2017 to February 23, 2018.
Voting "Aye" Councilmembers Hill, Perez, Carbone, Reed, Moore, and Ordeneaux.
Voting "No" None.
Motion Passed 6 to 0. Ds--/-p an e
Council Action - o A Resolution of the City Council of the
City of Pearland, Texas, authorizing a variance to Chapter 4, Alcoholic Beverages, of
the City's Code of Ordinances, authorizing the sale of beer and wine (off-premise
consumption only) at a distance not closer than 250 feet from a public school property
line (Shadycrest Elementary).
ounei member ' Derez made the motion, seconded by Councilmember Carbone to
approve the Resolution No. R2017-20.
+�y 'tterne DarriA Coker reported there has been a request for a distance variance
asp 'cation for a proposed grocery store, at the southeast corner of Broadway and Liberty
Drive, currently abutting the property line of Shadycrest Elementary. The City's alcohol
regulations prohibit alcohol from being sold within 300 feet of a public school. The
applicant would like to seek a variance of 250 feet. The variance request is limited to the
sale of beer and wine for off-premise consumption only. The resolution as prepared only
grants 50' variance which means the variance would not be effective until the property is
replatted to create a separate lot that would separate the boundary of the grocery store
and the school by approximately 250 feet.
D Grec:erty' $.tQr` Representative Kelsey Osha gave a presentation to introduce their
brand since they are currently not located in the United States.
_•. �,�' rrernb l'eNz sta ed he is not in favor of this variance, the rule is there for a
r�ea on. Ee wourd rather the applicant come to Council requesting another location in
Pearland or modify the design.
eu'ncilmermber i ilL tatetljhe does not have a problem with a grocery store in that
oca ion. He further stated Councilmember Perez has a point and if the design could be
modified would be good.
merr-®rdenea Mated he is going to abstain.
layor Pro- Moore stated e does not like to see a request for a variance, because
the rules.are there for a reason. If some modifications could be done to the design would
be great.
Page 12 of 16 2-13-2017
J i me>> er-Reedsta -d he does not see an issue. If the building is moved 44 feet he
does not have a problem with the grocery store in that location.
discussion nsep en ►Councilmember Carbone and Director of Community
Services Lata Krishnarao regarding if a Conditional Use Permit (CUP) is required.
o t memoeT�ZCarbone -stated Councilmember Perez made some good points. He
urther's ated�if Council moves forward out of respect he would like to postpone this item
to be able to have some communication with the School Trustees.
Lmur c brie Carb nB rrrad the motion, seconded by Councilmember Perez to
pos pone Resolution No. R2fl17.40.
Voting "Aye" Councilmembers Carbone, Perez, and Reed.
Voting "No" Councilmembers Hill and Moore.
Motion Passed 3 to 2, with Councilmember Ordeneaux abstaining.
Gity Manager Clay Pearson stated the applicant will need to reach out to the School
Trustees to explain what they would like to do. The City does not need to get in the middle
of this.
Council Input and Discussion - Regarding the Formation of Council committee for
Review of Conditional Use Permits (CUP) and related requirements and processes.
City Manager Clay Pearson reported there was discussion around a City Council-
appointed ad hoc committee. Such a committee could help to bring together perspectives
to review and offer suggestions for the elected representative and public input,
requirements, professional expectations, etc. with Conditional Use Permits.
Mayor Pro-Tern Moore stated he would like a small business owner, someone from the
outside to serve on this committee. He further stated his idea for this committee is to help
individuals to go through this process to make it easier for them.
Councilmember Perez stated he agrees, the idea of this is to discuss the processes.
Councilmember Hill stated the three Councilmembers that are to be on this committee
should meet, figure out who else is going to be on this committee, call a meeting and
discuss the processes to find ways to make it easier for applicants.
City Attorney Darrin Coker stated since this is a discussion item and no action to be
taken, he would recommend this to be an action item for the next Council meeting to
formally appoint Councilmembers that you would like to be on that committee. If a
committee is created without taking formal action it raises more eyebrows.
Page 13 of 16 2-13-2017