R2021-CUP21-00024 2021-09-13 RESOLUTION R2021- CUP21-00024
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Liquor/Package Store within the
General Commercial (GC) District, to accommodate a liquor retail store
within the newly constructed retail center, on approximately 3.225 acres of
land; being all of Lot 1, Block 1 of Lizer Retail Center Replat No.1, a
subdivision of 3.225 acres in the City of Pearland, Brazoria County, Texas,
as according to the plat recorded in County Clerk's File No. 2020028946 in
the Official Plat Records of Brazoria County, Texas (located at 3525 Main
Street, Suite 160, Pearland, Texas). Conditional Use Permit Application No
CUP21-00024, for Liquor/Package Store within the General Commercial
(GC) District, at the request of Jon Arledge, applicant, on behalf of V&B
Cornerstone, LLC, owner, containing a savings clause, a severability clause,
and an effective date and other provisions related to the subject.
WHEREAS, Jon Arledge, applicant, on behalf of V&B Cornerstone, LLC, owner,
is requesting approval of a Conditional Use Permit (CUP) for Liquor/Package Store
within the General Commercial (GC) District, on approximately 3.225 acres of land; 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 16th 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 Jon Arledge, applicant, on behalf of
V&B Cornerstone, LLC, owner, for approval of a Conditional Use Permit (CUP) for
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RES. No. R2021-CUP21-00024
Liquor/Package Store within the General Commercial (GC) District, on approximately
3.225 acres of land; presented which, in the judgment of the Planning and Zoning
Commission have provided input and discussion; and
WHEREAS, on the 13th day of September 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 Jon Arledge,
applicant, on behalf of V&B Cornerstone, LLC, owner, for approval of a Conditional Use
Permit (CUP) for Liquor/Package Store within the General Commercial (GC) District, on
approximately 3.225 acres of land; 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
Liquor/Package Store, 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 1, Block 1 of Lizer Retail Center
Replat No.1, a subdivision of 3.225 acres in the City of Pearland, Brazoria
County, Texas, as according to the plat recorded in County Clerk's File
No. 2020028946 in the Official Plat Records of Brazoria County, Texas.
General Location: 3525 Main Street, Suite 160, 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
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RES. No. R2021-CUP21-00024
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-CUP21-00024
PASSED, APPROVED, and ADOPTED on this day, the 13th day of September 2021.
VIN COLE
MAYOR
A S .
STAL ROAN, TRMC, CMC ,""""" ,,,� R LA �,,
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CITY SFCRETARY ,.•`'tQ�• NO
DARRIN M. COKER
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CITY ATTORNEY Og
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RES. No. R2021-CUP21-00024
Exhibit A
Legal Description
Being all of Lot 1, Block 1 of Lizer Retail Center Replat No.1, a subdivision of 3.225
acres in the City of Pearland, Brazoria County, Texas, as according to the plat recorded
in County Clerk's File No. 2020028946 in the Official Plat Records of Brazoria County,
Texas.
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RES. No. R2021-CUP21-00024
•
Exhibit B
Vicinity Map
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RES. No. R2021-CUP21-00024
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, August 16, 2021, at 6:30 P M., and the City Council of the
City of Pearland on Monday, September 13, 2021, at 6:30 P.M., at City Hall, 3519
Liberty Dr., Pearland. Texas 77581,regarding:
Conditional Use Permit Application: CUP 21-00024
A request by Jon Arledge.applicant, on behalf of V&B Cornerstone. LLC.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
the newly constructed retail center at the southeast corner of Main Street and
Magnolia Parkway. on approximately 3.225 acres of land; to wit:
Legal Description: Being all of Lot 1, Block 1 of Lizer Retail Center Rep!at No.1, a
subdivision of 3.225 acres in the City of Pearland, Brazoria County, Texas. as
according to the plat recorded in County Clerk's File No. 2020028946 in the Official
Plat Records of Brazoria County,Texas
General Location: 3525 Main Street,Suite 160,Pearland,Texas
Summary: The applicant proposes to develop a liquor store within the newly
constructed 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-
premises consumption that requires a package store Permit from the Texas
Alcoholic Beverage Commission to operate
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 slowegropearlandtx.00v 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.peariandtx govldepartments/city-secretarvlspeaker-reeuest-
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
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RES. No. R2021-CUP21-00024