R2021-CUP21-00020 2021-08-09_FAILEDRESOLUTION R2021- CUP21-00020
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 Commercial (GC) District, to
accommodate approximately 1,740-square foot vape shop located at an
existing retail center, on a 0.8312-acre lot; being all of Lot A, Block 1 of AAP
– Pearland Section 1, a subdivision of 3.7164 acres situated in the Perry and
Austin League, Abstract No. 111, in the City of Pearland, Texas, as recorded
in County Clerk’s File No. 2006055695 in the Official Plat Records of
Brazoria County, Texas (located at 1427 Broadway Street, Suite A,
Pearland, Texas). Conditional Use Permit Application No CUP21-00020, for
Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General
Commercial (GC) District, at the request of Louis Urrabazo, applicant, on
behalf of Vaquero Studio Partners, LP, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Louis Urrabazo, applicant, on behalf of Vaquero Studio Partners,
LP, is requesting approval of a Conditional Use Permit (CUP) for Cigars, Tobacco or E-
Cigarettes Shop (Retail Only) use within the General Commercial (GC) District; 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 Louis Urrabazo, applicant, on
Failed
08/09/2021
behalf of Vaquero Studio Partners, LP, owner, for approval of a Conditional Use Permit
(CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General
Commercial (GC) District, on a 0.8312-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 Louis Urrabazo, applicant, on
behalf of Vaquero Studio Partners, LP, owner, for approval of a Conditional Use Permit
(CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General
Commercial (GC) District, on a 0.8312-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
Commercial (GC) District, 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 Lot A, Block 1 of AAP – Pearland Section
1, a subdivision of 3.7164 acres situated in the Perry and Austin League,
Abstract No. 111, in the City of Pearland, Texas, as recorded in County
Clerk’s File No. 2006055695 in the Official Plat Records of Brazoria
County, Texas.
General Location: 1427 Broadway Street, Suite A, 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
Exhibit A
Legal Description
Being all of Lot A, Block 1 of AAP — Pearland Section 1, a subdivision of 3.7164 acres
situated in the Perry and Austin League, Abstract No. 111, in the City of Pearland, Texas,
as recorded in County Clerk's File No. 2006055695 in the Official Plat Records of Brazoria
County, Texas.
Exhibit B
Vicinity Map
•
' < 4` //ill� !' k " Exhibit 1
• �. �;,a` CUP 21-00020
,`* ,�• J k�`�eO c��$ R, Zoning +Aerial Map
N.
ems;
r .<ke,• ;.w Vape Shop
i rrr Ilik7 ` Ya' �, 1427 Broadway,Ste A
,.. 0 ...ep le,
r.
if
. r.,r Legend
4Y'14'' A l#i t...f,... ,.<%I A t.•
' • #--1.
•.-•,1,4...„„4,
,A•..,..‘..
r'.1;
.,. l-
1,>, 'x-
-..4,-4/--.-,.
r •i.-t o-.
'''-'.
l—
:.,fitt
1. %ill, r T--....k t, '• !Subject Property
`_ r Mr -r
1i
horny /
4hf a. .
` aye / 1
t o e'�4► • c�. 's
y w;a o
/ PneC • rE
/ r • r'• s►. 164
, , / i.l r utiono;puepores and
a G B ;)?;r �y � 1 prepared f ht. ,amble
A ' T] r, , • +M 6 P lase•.11
r .e .� \.. 4,. •i� .•t .h am d Band
1.I pp stront rel tm tnc ltan
/ a Pmpern houndan
M s a ' l 'ti
+� t 4, 1 inch=15O1eet
• A r •MI �i JULY.21.'1
COMMUNITY DEN.DEPT.
oft tar i \ -'' l 'tl
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 21-00020
A request by Louis Urrabazo, applicant, on behalf of Vaquero Studio Partners. LP,
owner, for approval of a Conditional Use Permit (CUP) for Cigars. Tobacco or E-
Cigarettes Shop (Retail Only) use within the General Commercial (GC) District, to
accommodate approximately 1.740-square foot vape shop located at an existing
retail center, on a 0.8312-acre lot, to wit:
Legal Description: Being all of Lot A, Block 1 of AAP — Pearland Section 1, a
subdivision of 3.7164 acres situated in the Perry and Austin League, Abstract No.
111. in the City of Pearland, Texas. as recorded in County Clerk's File No.
2006055695 in the Official Plat Records of Brazoria County, Texas.
General Location: 1427 Broadway Street, Suite A. Pearland,Texas.
Summary: The applicant proposes to locate approximately 1,740-square foot vape
shop within the existing retail center at the subject site. 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(cpearlandtx.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.