R2021-CUP21-00001 2021-03-15RESOLUTION R2021- CUP21-00001
A Resolution of the City Council of the City of Pearland, Texas, approving a
(CUP) for Liquor/Package Store located within the General Business
(GB) District, within a 1,200-square foot lease space within an existing
shopping center on 6.50 acres of land, Being all of Lot 1, Block 1 of Orchard
Plaza, an addition in the City of Pearland, Brazoria County, Texas, according
to the plat recorded in County Clerk's File No. 2005004371, in the Official
Plat Records of Brazoria County, Texas. (8201 Broadway Street, Ste
No.1575, Pearland, Texas). Conditional Use Permit Application No. CUP
21-00001, within the General Business (GB) District, at the request of Carlos
Benavidez, applicant and owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
WHEREAS, Carlos Benavidez, applicant, on behalf of Pear Orchard Holdings
LLC, owner, requesting approval of a Conditional Use Permit (CUP) to allow a liquor
store within a 1,200-square foot lease space within an existing shopping center on 6.50
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 15th day of March, 2021, 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 Carlos Benavidez, applicant, on behalf of Pear Orchard
Holdings LLC, owner, for approval of a Conditional Use Permit (CUP) to allow a
Liquor/Package Store within a 1,200-square foot lease space within an existing
shopping center on ; 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 1. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently being located within the General
Business (GB) District, is hereby granted a Conditional Use Permit (CUP) to allow a
liquor store , subject to all requirements of the General Business (GB) 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: Being all of Lot 1, Block 1 of Orchard Plaza, an addition in
the City of Pearland, Brazoria County, Texas, according to the plat recorded in
County Clerk's File No. 2005004371, in the Official Plat Records of Brazoria
County, Texas.
General Location: 8201 Broadway Street, Ste No. 157B, Pearland, Texas.
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 15th day of March 2021.
VIN COLE
AYOR
ATTEST:
1
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being all of Lot 1, Block 1 of Orchard Plaza, an addition in the City of Pearland,
Brazoria County, Texas, according to the plat recorded in County Clerk's File No.
2005004371, in the Official Plat Records of Brazoria County, Texas
Exhibit B
Vicinity Map
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Exhibit 1
Zoning & Aerial Map
CUP 21-00001
Liquor Store in GB
8201 Broadway St,
Ste 157B
Legend
Subject Property
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281.652.1765
Exhibit C
Online Notification
CITY OF PEARLAND
3523 Liberty Drive. Pearland, Texas 77581
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 : CUP 21-00001
A request by Carlos Benavidez, applicant, on behalf of Pear Orchard Holdings LLC,
owner, for approval of a Conditional Use Permit (CUP) for Liquor/Package Store
located within the General Business (GB) District to accommodate a liquor retail
store within a 1,200-square foot lease space within an existing shopping center on
6.50 acres of land: 10 wit
Legal Description: Being all of Lot 1, Block 1 of Orchard Plaza, an addition in the
City of Pearland, Brazona County, Texas. according to the plat recorded in County
Clerks File No. 2005004371, in the Official Plat Records of Brazona County. Texas.
General Location: 8201 Broadway Street. Ste No. 157B. Pearland, Texas.
Summary: The applicant proposes to develop a 1,200-square foot liquor retail store
within the existing retail center on the subject site. A liquor store is an establishment
principally for the retail sales of alcoholic beverages to the general public for off -
premise consumption that requires a package store Permit from the Texas Alcoholic
Beverage Commission to operate
THE PUBLIC HEARING WILL BE CONDUCTED VIA
TELEPHONE/VIDEO CONFERENCE & IN -PERSON
on
Monday, March 15, 2021 at 6:30 P.M,
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 voice your support or opposition for the above referenced request
by submitting comments or requesting to speak remotely. You may submit
comments by email to slowe@pearlandtx gov or submit a request to speak remotely
during the tele-conference. The public will be permitted to offer public comments by
telephone as first priority and in -person as provided by the agenda and as permitted
by the presiding officer dunng the meeting. All speakers MUST register in advance.
To speak remotely during the meeting, speakers MUST:
• Submit the online registration form found at:
https://peartandtx.civicw_eb ng/Portal/Meeting ypeList.aspx.
• Registration must be received no later 12 p.m. on Monday, March 15. Once
the registration form is received, residents will receive either an email or
phone call providing them a telephone number 10 call on Monday. March 15.
• Speakers must call in at least 30 minutes prior to the start of the meeting in
order to speak, late callers will not be accepted and will not be able to
speak.