Loading...
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 Page 1 of 7 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 Page 2 of 7 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. Page 3 of 7 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 �,, P , CITY SFCRETARY ,.•`'tQ�• NO DARRIN M. COKER r .,•;?fi-21 li''.1•3•---- ....._....... 'Z-N. i =v ` '� ` �� CITY ATTORNEY Og ... Page 4 of 7 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. Page 5 of 7 RES. No. R2021-CUP21-00024 • Exhibit B Vicinity Map . 1 l• - -- Exhibit 1 p ' • • R z • CUP 21-00024 --f_ Nr,, Zoning +Aerial Map .„1 # 3525 Main St. i • _ '` A 0 Liquor Store in GC t - . . _ ,. •,40 ";: 0. -C ITT • _ f ` 'r;. Y Legend r - - Subjecl P•operty 04 r \ •k°* t i t / 4 r o —4 rtog4, $4' • IINIIIII*LQ • __ ear est Ye.V•eP C+•d dr a 4..alla4b r, -. L.rWlhrwtWt .r,ni Pml„v.h glom ent eqpn.1.10 so on;he wand armor old \1177 Mowwwwr4y Ow appro„mt4 nirrrra Isom. • 4Pre0.1a5 Wu-.lair. G r S • 1 mEA=25t)lost�. rikir-I r cnet)11-hta ue, u)�� - fn Aprilw•t"vi ■it I- rs•1 la Page 6 of 7 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 Page 7 of 7 RES. No. R2021-CUP21-00024