R2021-CUP21-00019 2021-08-09_Postponed Indefinately POSTPONED INDEFINATELY
8/9/2021
RESOLUTION R2021-CUP21-00019
A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional
Use Permit (CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the
General Business (GB) District of the Stonebridge Planned Development (PD), to
accommodate a 1,200-square foot vape shop located at an existing retail center, on
approximately 4.4996-acre lot; being all of Tract A, Block 1 of Centre at Pearland Parkway,
a subdivision of 4.5066 acres in the City of Pearland,Texas, as recorded in County Clerk's
File No.2006061125 in the Official Plat Records of Brazoria County,Texas(located at 1853
Pearland Parkway, Suite 111, Pearland, Texas). Conditional Use Permit Application No
CUP21-00019, for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the
General Business (GB) District of the Stonebridge Planned Development (PD), at the
request of Lavene Cross,applicant,on behalf of Grace Business Center,owner,containing
a savings clause, a severability clause, and an effective date and other provisions related
to the subject.
WHEREAS, Lavene Cross, applicant, on behalf of Grace Business Center, owner, is requesting
approval of a Conditional Use Permit (CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only)
use within the General Business (GB) District of the Stonebridge Planned Development (PD), on
approximately 4.4996-acre lot; 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 19th day of July 2021,a public hearing 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 Lavene Cross, applicant, on behalf of Grace
Business Center, owner, for approval of a Conditional Use Permit (CUP) for Cigars,
Tobacco or E-Cigarettes Shop (Retail Only) use within the General Business (GB) District
of the Stonebridge Planned Development (PD), on approximately 4.4996-acre lot;
presented which, in the judgment of the Planning and Zoning Commission have provided
input and discussion; and
WHEREAS, on the 9th day of August 2021, 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 Lavene Cross, applicant, on behalf
of Grace Business Center, owner, for approval of a Conditional Use Permit (CUP) for
Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Business (GB)
District of the Stonebridge Planned Development (PD), on approximately 4.4996-acre lot;
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 (GB) District of the Stonebridge Planned Development (PD), is hereby granted
a Conditional Use Permit (CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only)
use, in accordance with all conditions and requirements of the Unified Development Code
approved by the City Council and incorporated for all purposes, such property being more
particularly described as:
Legal Description: Being all of Tract A, Block 1 of Centre at Pearland
Parkway, a subdivision of 4.5066 acres in the City of Pearland, Texas, as
recorded in County Clerk's File No. 2006061125 in the Official Plat Records
of Brazoria County, Texas.
General Location: 1853 Pearland Parkway, Suite 111, 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 and to City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that the
Resolution 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
Resolution 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 Resolution 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 day, the 9th day of August 2021.
J. KEVIN COLE
MAYOR
ATTEST:
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
DARRIN M. COKER
CITY ATTORNEY
Ap )
O
Exhibit A
Legal Description
Being all of Tract A, Block 1 of Centre at Pearland Parkway, a subdivision of 4.5066 acres
in the City of Pearland, Texas, as recorded in County Clerk's File No. 2006061125 in the
Official Plat Records of Brazoria County, Texas.
Exhibit B
Vicinity Map
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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 PUBLIC HEARING
A notice of Public Hearings of the Planning and Zoning Commission of the
City of Pearland on Monday, July 19, 2021, at 6:30 P.M., and the City
Council of the City of Pearland on Monday. August 9, 2021, at 6:30 P.M., at
City Hall, 3519 Liberty Dr., Pearland, Texas 77581, regarding:
Conditional Use Permit Application: CUP 21-00019
A request by Lavene Cross, applicant, on behalf of Grace Business Center, owner,
for approval of a Conditional Use Permit(CUP)for Cigars, Tobacco or E-Cigarettes
Shop(Retail Only)use within the General Business (GB) District of the Stonebridge
Planned Development (PUD), to accommodate a 1,200-square foot vape shop
located at an existing retail center,on a 4.4996-acre lot,to wit:
Legal Description: Being all of Tract A, Block 1 of Centre at Pearland Parkway, a
subdivision of 4.5066 acres in the City of Pearland. Texas, as recorded in County
Clerk's File No. 2006061125 in the Official Plat Records of Brazoria County.Texas.
General Location: 1853 Pearland Parkway,Suite 111, Pearland,Texas.
Summary: The applicant proposes to locate a 1,200-square foot vape shop within
the existing retail center at the subject property. Cigars, Tobacco or E-Cigarettes
Shop (Retail Only) is a shop that specializes in the sale of cigars or other tobacco
products including e-cigarettes and vaping lounges.
THE PUBLIC HEARING WILL BE CONDUCTED
VIA
TELEPHONENIDEO CONFERENCE&IN-PERSON
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 and in-person as provided by the agenda and as permitted by the
presiding officer during the meeting. All speakers MUST register in advance. To
speak remotely during the meeting, speakers MUST:
• Submit the online registration form found at:
https://www.pearlandtx.gov/departments/city-secretary/speaker-request-
registration-form.
• Registration must be received no later 12 p.m. on the day of the meeting. Once
the registration form is received, residents will receive either an email or phone
call providing them a telephone number to call on the day of the meeting.
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.