R2018-CUP18-00004 2018-04-23 Resolution R2018-Cup18-00004
RESOLUTION R2018- CUP18-00004
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a Cigars, Tobacco or E-
Cigarettes Shop (Cigar Time) located in the Planned Development (PD —
Shadow Creek) zoning district, Lot "C-2" being 2.3359 acres of land out of
a tract or parcel containing 4.7677 acres or 207,682 square feet of land,
being out of the residue of a called 202.51 acre tract of land to Pearland
Investments Company, L.P. as recorded under Brazoria County Clerk's File
Number 98-022936, situated in the William Morria Survey, Abstract No. 344,
Brazoria County, Texas. (Located at 15715 South Freeway, Pearland, TX.)
Conditional Use Permit Application No CUP18-00004, within the Planned
Development (PD-Shadow Creek) zoning district, at the request of Tiffany
Lam, applicant, on behalf of 4GF Group, LLC, owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Tiffany Lam, applicant, on behalf of 4GF Group, LLC, owner; are
requesting approval of a Conditional Use Permit (CUP) to allow for a Cigars, Tobacco or
E-Cigarettes Shop use on approximately 2.3359 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 16th day of April 2018, a Joint Special Meeting was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by online publication on the City website, a copy of
which 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
Page 1 of 7
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 Tiffany Lam, applicant, on behalf of 4GF Group, LLC, owner for
approval of a Conditional Use Permit on approximately 2.3359 acres of land to allow a
Cigars, Tobacco or E-Cigarettes Shop use; presented which, in the judgment of the City
Council, would justify the approval of said application; now, therefore,
BE IT RESOLVED 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 Planned
Development (PD — Shadow Creek) zoning district, is hereby granted a Conditional Use
Permit (CUP) to allow a Cigars, Tobacco or E-Cigarettes Shop use, subject to all
requirements of the RE zoning district, 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: Lot "C-2" being 2.3359 acres of land out of a tract or parcel
containing 4.7677 acres or 207,682 square feet of land, being out of the residue
of a called 202.51 acre tract of land to Pearland Investments Company, L.P. as
recorded under Brazoria County Clerk's File Number 98-022936, situated in the
William Morria Survey, Abstract No. 344, Brazoria County, Texas.
General Location: 15715 South Freeway, Parkway, Pearland, TX.
Page 2 of 7
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.
Page 3 of 7
Section VI. This Resolution shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on this the 16t" day of April, 2018.
c
TOM REID
MAYOR
ATTEST:
4UNG ✓'
%QTY SE �'ETARY '
.,CP<------
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 7
Exhibit A
Legal Description
Lot "C-2" being 2.3359 acres of land out of a tract or parcel containing 4.7677 acres or
207,682 square feet of land, being out of the residue of a called 202.51 acre tract of
land to Pearland Investments Company, L.P. as recorded under Brazoria County
Clerk's File Number 98-022936, situated in the William Morria Survey, Abstract No. 344,
Brazoria County, Texas.
Page 5 of 7
Exhibit B
Vicinity Map
I
Exhibit 1
PUD ruo I
Zoning and Aerial Map
II'� 15718 S.Freeway 288
ti Li
I i ti, l
CUP 18-00004
N DISCOVERY �� Legend
cn 4 t' ;
. . *. - •
(�- - BA Subject Property
v1 I
\
SRe r (0 I
. 1571n t F ,r r ( �ot �4i
Y
:` +Srsl I'
r � +
+s7se
P {).
{ { ;� I , ` r ITh..nrodaa u:rw mramwnnl wrw«ir na` macrm Haut bam VnA+n'd fw ora nI�a 2• R i i3 fI t r kx.1.emnmrmR.m.,rvenru vnrw Ir
r;_.
! does no<repnment on en the nmrnd,n and
�. 157901 ff! mvmmu unIY the approximate relative krenoo
_ • _ i r d t rDrvY ImumLrw. 3
.- ti r k f0 I j I 1 inch=227 feel t j
I
r r+�� J ~ ` DECEMBER l01n 4
• ` PLANNING n1:INRTIENT
P- ' �'. ` a;
Page 6 of 7
Exhibit C
Online Notification
NOTICE OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 18-00004
Notice is hereby given that on April 16, 2018, 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 special meeting in the Council Chambers of City Hall;
located at 3519 Liberty Drive, Pearland; Texas, at the request of Tiffany Lam, applicant;
on behalf of 4GF Group; LLC, owner; for approval of a Conditional Use Permit (CUP) to
allow for Cigars, Tobacco or E-Cigarettes Shop (Cigar Time) located in the Planned
Development (PD — Shadow Creek) zoning district; on approximately 2.3359 acres of
land, to wit:
Lot"C-2" being 2.3359 acres of land out of a tract or parcel containing 4.7677 acres
or 207,682 square feet of land, being out of the residue of a called 202.51 acre
tract of land to Pearland Investments Company, L.P. as recorded under Brazoria
County Clerk's File Number 98-022936, situated in the William Morria Survey;
Abstract No. 344, Brazoria County, Texas.
General Location: 15715 South Freeway, 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 7