R2021-CUP21-00011 2021-06-14RESOLUTION R2021- CUP21-00011
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow a liquor/package store within the
General Commercial (GC) District, on approximately 0.094 acres
(approximately 4,084 square feet), being a portion of Lot 2, Block 3, Fourth
Amending Plat of Shadow Creek Town Center, an addition of record
according to the plat recorded in Document No. 2019016526 of the Official
Public Records of Brazoria County, Texas (2803 Business Center Drive,
Suite 127, Pearland, Texas) Conditional Use Permit Application No CUP20-
00011, within the General Commercial (GC) District, at the request of A. Ron
Thrower, applicant, on behalf of Amreit SPF Shadow Creek, LP, owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, A. Ron Thrower, applicant, on behalf of Amreit SPF Shadow Creek,
LP, owner is requesting approval of a Conditional Use Permit (CUP) to allow a
liquor/package store on approximately 0.094 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 May, 2021, a Planning and Zoning Commission
Meeting was held before the Planning and Zoning Commission 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 Planning and Zoning commission 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 A. Ron Thrower, applicant, on
behalf of Amreit SPF Shadow Creek, LP, owner, for approval of a Conditional Use
Permit (CUP) to allow a liquor/package store on approximately 0.094 acres; presented
which, in the judgment of the Planning and Zoning Commission, would justify the
recommendation of approval of said application; and
WHEREAS, on the 14th day of June, 2021, a City Council Meeting was held
before the City Council of the City of Pearland, Texas, notice being given by online
publication on the City website, and the City Council having received recommendation
from the Planning and Zoning Commission and having reviewed submittals, finds that in
the case of the application of A. Ron Thrower, applicant, on behalf of Amreit SPF
Shadow Creek, LP, owner, for approval of a Conditional Use Permit (CUP) to allow a
liquor/package store on approximately 0.094 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
Business District, is hereby granted a Conditional Use Permit (CUP) to allow a
Liquor/Package Store, 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: 0.094 acres (approximately 4,084 square feet), being a
portion of Lot 2, Block 3, Fourth Amending Plat of Shadow Creek Town Center,
an addition of record according to the plat recorded in Document No.
2019016526 of the Official Public Records of Brazoria County, Texas
General Location: 2803 Business Center Drive, Suite 127, 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 14th day of June 2021.
VIN COLE
MAYOR
ST:
STAL ROAN, TRMC, CMC
CITY SECRETARY
Q...0-/,__
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
0.094 acres (approximately 4,084 square feet), being a portion of Lot 2, Block 3, Fourth
Amending Plat of Shadow Creek Town Center, an addition of record according to the
plat recorded in Document No. 2019016526 of the Official Public Records of Brazoria
County, Texas
Exhibit B
Vicinity Map
Exhibit 1
CUP 21-00011
Zoning + Aerial Map
2803 Business Center Dr.
Ste. 127
Liquor Store in GC District
Legend
Stlioct Property
rnis pr lu-i . [a mfirshsd 414114.+8. And
.ol hn. 6... yrw ,.,..11..., I. w.l4
i 144.41, . K .. ,......, p..P,or.. r,
ar. na .a.,..... ...m+M c•.n•n/ ..u.r..w
n(....n,. .,.IV 44. 41144444inate nl.tn. l...,uc
.4 pnp.m 1.,4,440%,
1 inch = 500 feet
1Y 4 S.€1
rouuttrn DO; DTP?
Exhibit C
Online Notification
CITY OF PEARLAND
3523 Liberty Olive, PearCand Texas 77531
231.C52.1765 FAX: 281.6.52.1702
www_peartandbc.gov
NOTICE OF A PUBLIC HEARING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, REGARDING:
Conditional Use Permit Application : CUP 21-00011
A request by A. Ran Thrower. applicant cn behatf of A.porAtt SPF Shadow Creek
...P, av ner, far approval ofa Condmonal Use Perrin (CLP) for LiquorPackage Stare!
located %AThln the General Commercial (GC District to accommodate a liquor retail
s1ere within a caner tenant space of tine HE5 stopping center, an approximately
0.094 acres of land: to t►lt:
Legal Deecrtptton: 8etna C 294 acres (approximately 4,034 square feet), being a
portion of Lat 2, Block 3, Fourth Amencli ng Plat of Shadow Creed( Town Center_ an
addition of record according to the plat recorded In Document No. 2019016525 at
the °Vidal Futile Records of arazarta County, Texas.
General Location: 2303 Business Center ortve, Suite 127, Peartand, Texas.
Summary: The applicant proposes to locate a 4 084-square tot liquor retal store
Althlr the existing retail center on the subject site. A liquor store IS an establlshrnent
principally for the retail sales of alceholc beverages to the general public for crf-
premise consumption that requires a package store Permit from the Texas Alcoholic
Beverage Corranlsston to operate.
THE PUBLIC HEARING WILL BE CONDUCTED VIA
TELEPHONENIDEO CONFERENCE & IN -PERSON
an:
Monday, May 17, 2021 at 6:30 P.M.
You are receiving tills notice te_a.ise appraksal ois:nct reccsds tndtcate that yoL
owr.- property within 200 feet of t'le sLbJect property ldertltled on tre attached map
You are Invited to voice your support or opposition 'cr the atcre referenced request
by submitting comments cr requesting to speak remotely. You may submit
comments by ernall to sloweiltpearlandticov or subrntt a request to speak remotely
dunng the tele-con'erence. The putlic III be permitted to offer public comments t:+y
telephone as VA gtjgrjhx and Ir-persor as provided by die agenda and as permitted
by the presiding officer during the meetlrg. Al speakers MUST register In advarce
To speak remc4ely during the meeting. speakers MUST:
• SLbrntt the online registration tom! turd at
nuns -1n7 ea eta ndtz. dvi car eb _n etParta liM eettlaT en a LtsL asox
• Registration must be receded ra tater 12 p.rn. an Monday, May 17. Once
the registration form Is reoelved, residents wil receive ruler an ernat or
phone call prcvtding then' a telephone nurnbss to c311 or, Monday, May 17.
• Speakers must caf In al least 30 minutes prior to brie start of the meeting Ir
order to speak, tate calers win not be accepted and will rot be able to
speak
Planning and Zoning Commission Discussion and Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
May 18, 2021
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 21-00011
Honorable Mayor and City Council Members:
At their regular meeting on May 17, 2021, the Planning and Zoning Commission
considered the following:
Request: A. Ron Thrower, applicant, on behalf of Amreit SPF Shadow Creek LP,
owner, for approval of a Conditional Use Permit (CUP) for Liquor/Package Store located
within the General Commercial (GC) District, to accommodate a liquor retail store within
a corner tenant space of the HEB shopping center, on approximately 0.094 acres of
land.
General Location: 2803 Business Center Drive, Suite 127, Pearland, Texas.
The Commission held a public hearing and discussed the CUP request. The applicant
was available and discussed the use along with the existing development in the strip
center. A draft of the meeting minutes outlining the topics discussed follows in this
memo. After the discussion, the Commission voted 7-0 to recommend approval of the
CUP with no additional conditions of approval. This action represents a positive
recommendation for City Council in favor to approve the request as presented.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
CUP 21-00011 (Liquor Store)
Applicant A. Ron Thrower were in attendance to present to the P&Z Commission. Mr. Thrower
informed the commission that there were no conflicting entities such as daycares and school in
the immediate location. He also stated that Twin Liquors are good stewards to the community
and tend to locate near H-E-B locations.
There were no persons wishing to speak for or against the proposed request.
Commissioner Dansby stated that he was concerned about the liquor store being located near
the library until the move to their new location, but that would not be a long-term concern.
Commissioner Boswell stated that she was not concerned because Shadow Creek Liquor,
located in another commercial strip center, is in the same development as a tutoring center
where children are present. It is also up the street from a high school.
Commissioner Earles stated that he did have concerns, but Commission Dansby and Boswell
addressed his concerns.
Commissioner Dansby asked Mr. Thrower the length of time from approval of the CUP to
operation. Mr. Thrower replied that Twin Liquors would be operational in 60 to 120 days.
Commissioner Henrichs stated that the commission has recently recommended approval to City
Council for a couple other liquor store CUP's near grocery stores and that is an ideal location
since it is near H-E-B.
Vice Chairperson Fuertes discussed with the commission that in that business center every
tenant, including the library was able to ask for business exclusions when signing their lease
with the landowner. Further information on the exclusions was not verified by the applicant.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Cade read into the record the items on Consideration and Possible Action —
Conditional Use Permit Application: CUP 21-00011. Vice Chairperson Fuertes made a motion to
recommend approval to City Council, Commissioner Dansby seconded the motion.
Motion passed 7-0.
Sincerely,
/7orA
Martin Griggs, AICP, CNU-A
Planning Manager
On behalf of the Planning and Zoning Commission