R2021-CUP21-00025 2021-08-23_FAILED Page 1 of 7
RES. No. R2021- CUP21-00025
RESOLUTION R2021- CUP21-00025
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 an approximately 1500-square foot vape shop, in an existing
multi-tenant commercial center, on approximately 1.1130 Acres; being a tract
of land situated in the RB Lyle Survey, also being part of lot B, Block 1, of the
KMART Super Center, Recorded in Volume 19, Page 167-168 of the
Brazoria County Plat record, Brazoria County Texas (located at 1909 N
Main, Suite 101, Pearland, Texas). Conditional Use Permit Application No
CUP21-00025, for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use
within the General Commercial (GC) District, at the request of Ravie
Vongole, applicant, on behalf of Pearland Main LLC, owner, containing a
savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Ravie Vongole, applicant, on behalf of Pearland Main LLC, owner, 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 2nd day of August 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 Ravie Vongole, applicant, on behalf
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8/23/2021
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RES. No. R2021- CUP21-00025
of Pearland Main LLC, 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 5.5394-acres lot; presented which, in the judgment of the Planning
and Zoning Commission have provided input and discussion; and
WHEREAS, on the 23rd 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 Ravie Vongole, applicant, on
behalf of Pearland Main LLC, 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 approximately 1.1130 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 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 1.1130 Acres, tract of land situated in the RB
Lyle Survey, also being part of lot B, Block 1, of the KMART Super Center,
Recorded in Volume 19, Page 167-168 of the Brazoria County Plat record,
Brazoria County Texas.
General Location: 1909 N Main, Suite 101, Pearland, Texas.
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RES. No. R2021- CUP21-00025
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.
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RES. No. R2021- CUP21-00025
PASSED, APPROVED, and ADOPTED on this day, the 23rd day of August 2021.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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RES. No. R2021- CUP21-00025
Exhibit A
Legal Description
Being 1.1130 Acres, tract of land situated in the RB Lyle Survey, also being part of lot B,
Block 1, of the KMART Super Center, Recorded in Volume 19, Page 167-168 of the
Brazoria County Plat record, Brazoria County Texas.
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RES. No. R2021- CUP21-00025
Exhibit B
Vicinity Map
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RES. No. R2021- CUP21-00025
Exhibit C
Online Notification