R2019-CUP19-00001 2019-02-25 RESOLUTION R2019- CUP19-00001
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow a smoke and vaping products
shop on a 1.02-acre tract within the General Commercial (GC) District,
being all of Lot 2-B of Blockbuster Addition No. 2, an addition in the City of
Pearland according to the plat recorded in File No. 2017030239 in the
Official Records of Brazoria County, Texas. (Located at 2002 N. Main
Street, Suite 107, Pearland, TX). Conditional Use Permit Application No
CUP19-00001, within the General Commercial (GC) District, at the request of
Arif Maredia, applicant, on behalf of Golber Investment Pearland, owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Arif Maredia, applicant, on behalf of Golber Investment Pearland,
owner, is requesting approval of a Conditional Use Permit (CUP) to allow a smoke and
vaping products shop on 1.02 acres 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 25th day of February, 2019, 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
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advertised in the premises, finds that in the
case of the application of Arif Maredia, applicant, on behalf of Golber Investment
Pearland, owner, for approval of a Conditional Use Permit to allow a smoke and vaping
products shop on 1.02 acres; 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 General
Commercial (GC) District, is hereby granted a Conditional Use Permit (CUP) for a
smoke and vaping products shop, subject to all requirements of the General
Commercial (GC) District, in accordance with all conditions and requirements of the
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 2-B of Blockbuster Addition No. 2, an addition in the City
of Pearland according to the plat recorded in File No. 2017030239 in the Official
Records of Brazoria County, Texas.
General Location: 2002 N. Main Street, Pearland, TX.
Conditions: The CUP shall be subject to the following conditions:
1. The maximum area for the proposed use shall be limited to the area of the
lease agreement — approximately 1,000 square feet.
2. No person under the age of eighteen (18) shall be allowed to enter in the
store unless accompanied by their parent or legal guardian.
3. No signage or lighting shall be allowed on the windows, except for the "open"
sign.
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 Resolution shall become effective after its passage and
approval.
PASSED, APPROVED, and ADOPTED on this the 25th day of February, 2019.
)G
TOM REID
MAYOR
ATTEST:
Is
NG F , TRV t ��, _
Y S RETA Y ��
APPROVED AS TO FORM
G �
LAWRENCE G. PROVINS
DEPUTY CITY ATTORNEY
Exhibit A
Legal Description
Being Lot 2-B of Blockbuster Addition No. 2, an addition in the City of Pearland
according to the plat recorded in File No. 2017030239 in the Official Records of
Brazoria County, Texas.
Exhibit B
Vicinity Map
1 •
Exhibit 1
CUP 19-00001
PUD 3 " Zoning and Aerial Map
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Futuro Adman M-1 —4 '' Imperial Smoke&Vape
1 r 2002 N.Main St
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Exhibit C
Online Notification
CITY OF PEARLAND
3523 Liberty Drive, Pearland, Texas 77581
281.652.1765 FAX: 281.652-1702 www.pearlandtx.gov
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, REGARDING:
Conditional Use Permit Application No. CUP 19-00001
A request by Arif Maredia, applicant, on behalf of Golber Investment
Pearland, owner, for approval of a Conditional Use Permit (CUP) to allow
a smoke and vaping products shop on a 1.02-acre tract zoned General
Commercial (GC) District.
Legal Description: Lot 2-B of Blockbuster Addition No. 2, an addition in
the City of Pearland according to the plat recorded in File No. 2017030239
in the Official Records of Brazoria County, Texas.
General Location: 2002 N. Main Street, Suite 107, Pearland, TX.
Summary: The applicant proposes to occupy a lease space within the
existing retail center as a retail smoke and vaping products shop. A
Cigars, Tobacco or E-Cigarettes Shop is defined in the Unified
Development Code as a shop that specializes in the sale of cigars or other
tobacco products including e-cigarettes and vaping lounges.
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber at City Hall
LOCATED AT
3519 Liberty Drive, Pearland, Texas
At 6:30 P.M., Monday, February 25, 2019
You are receiving this notice because appraisal district records indicate
that you own property within 200 feet of the subject property identified on
the attached map.
You are invited to attend the public hearing and voice your support or
opposition for the above reference request. If you have comments please
feel free to email them to agonzales@pearlandtx.gov or submit a public
comment form using the above application number to reference this case.
For more information on this request and your involvement in the hearing
process, visit our website at www.pearlandtx.gov/public-hearings.
Exhibit A
Legal Description
Being Lot 2-B of Blockbuster Addition No. 2, an addition in the City of Pearland
according to the plat recorded in File No. 2017030239 in the Official Records of
Brazoria County, Texas.
Exhibit B
Vicinity Map
l Ir
__ ` t Exhibit 1
61101111.11010/'¢ c CUP1900001
:..: PUD. •r, Zoning and Aerial Map
,D
Futuro Admin M_1 N1 Imperial Smoke&Vape
1.. f_i 2002 N.Main St
e.
l 1
- ' , Legend
, Subject Property
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Exhibit C
Online Notification
CITY OF PEARLAND
3523 Liberty Drive, Pearland, Texas 77581
281.652.1765 FAX: 281.652-1702 www.pearlandtx.gov
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, REGARDING:
Conditional Use Permit Application No. CUP 19-00001
A request by Arif Maredia, applicant, on behalf of Golber Investment
Pearland, owner, for approval of a Conditional Use Permit (CUP) to allow
a smoke and vaping products shop on a 1.02-acre tract zoned General
Commercial (GC) District.
Legal Description: Lot 2-B of Blockbuster Addition No. 2, an addition in
the City of Pearland according to the plat recorded in File No. 2017030239
in the Official Records of Brazoria County, Texas.
General Location: 2002 N. Main Street, Suite 107, Pearland, TX.
Summary: The applicant proposes to occupy a lease space within the
existing retail center as a retail smoke and vaping products shop. A
Cigars, Tobacco or E-Cigarettes Shop is defined in the Unified
Development Code as a shop that specializes in the sale of cigars or other
tobacco products including e-cigarettes and vaping lounges.
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber at City Hall
LOCATED AT
3519 Liberty Drive, Pearland, Texas
At 6:30 P.M., Monday, February 25, 2019
You are receiving this notice because appraisal district records indicate
that you own property within 200 feet of the subject property identified on
the attached map.
You are invited to attend the public hearing and voice your support or
opposition for the above reference request. If you have comments please
feel free to email them to agonzalespearlandtx.gov or submit a public
comment form using the above application number to reference this case.
For more information on this request and your involvement in the hearing
process, visit our website at www.pearlandtx.gov/public-hearings.