R2021-CUP21-00030 2021-10-25 RESOLUTION R2021- CUP21-00030
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 a cigar shop inside a lease space within an existing multi-tenant
commercial center, on approximately 1.292 acres of land, being described as
a 1 292-acre tract in the HT & B R R Co Survey, Abstract No 1, Brazona
County, Texas, said 1 292-acre tract is in a called 2 9340-acre tract described
in a deed to Wagon Trail Enterprises Limited Partnership as recorded in
Clerk's File No 2005023402 in the Deed Records of Brazona County, Texas
(located at 5740 Broadway Street, Suite 112, Pearland,
Texas). Conditional Use Permit Application No CUP21-00030, for Cigars,
Tobacco or E-Cigarettes Shop (Retail Only) use within the General
Commercial (GC) District, at the request of Eddy E Aguiar, applicant, on
behalf of Mohammad Ullah, owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject
WHEREAS, Eddy E Aguiar, applicant, on behalf of Mohammad Ullah, 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, on
approximately 1 292 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 4th day of October 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,
Page 1 of 7
RES No R2021- CUP21-00030
finds that in the case of the application of Eddy E. Aguiar, applicant, on behalf of
Mohammad Ullah, 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; presented which, in the judgment of the Planning and Zoning Commission have
provided input and discussion; and
WHEREAS, on the 25th day of October 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 Eddy E Aguiar, applicant, on
behalf of Mohammad Ullah, 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, 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 a 1.292-acre tract in the HT & B R R Co
Survey, Abstract No 1, Brazoria County, Texas, said 1 292-acre tract is in
a called 2.9340-acre tract described in a deed to Wagon Trail Enterprises
Limited Partnership as recorded in Clerk's File No 2005023402 in the Deed
Records of Brazoria County, Texas
Page 2 of 7
RES No R2021-CUP21-00030
General Location. 5740 Broadway Street, Suite 112, Pearland, Texas
Conditions.
1 The CUP allows the sales of cigars and tobacco products, but not
the sale of E-Cigarettes or Vape equipment or products
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
Page 3 of 7
RES No R2021-CUP21-00030
PASSED, APPROVED, and ADOPTED on this day, the 25th day of October 2021
aZt CZ__
EVIN COLE
MAYOR
A 7.0
,STAL ROAN, TRMC, CMC
CITY SECRETARY
DARRIN M. COKER 141-. 1 3
CITY ATTORNEY =v ` f�i
j‘ 1-4,,,. /
Page 4 of 7
RES No R2021-CUP21-00030
Exhibit A
Legal Description
Being a 1 292-acre tract in the HT & B R R Co Survey, Abstract No 1, Brazoria County,
Texas, said 1 292-acre tract is in a called 2 9340-acre tract described in a deed to Wagon
Trail Enterprises Limited Partnership as recorded in Clerk's File No 2005023402 in the
Deed Records of Brazona County, Texas
Page 5 of 7
RES No R2021-CUP21-00030
Exhibit B
Vicinity Map
", i/Iv 1''i� - trey�,
* -„ ', ., Exhibit 1
`- _••"'t• �' ' :, 1:� CUP 21-00030
Y _ I 1• ' . .
- ; a.- -. ,„ Zoning &Aerial Map
11 .
r 4 yi,,,I a 5827 S 5740 Broadway St,Ste 112
rillu , '', �$ Cigar Shop in GC
3t r' i 4'ai j A• t ; '<•�• t 1
MOO
.1.11• -n_RO:DWAY- 7 1 '1k 11
Ttbil
r r
`�..� , -
4-I,..-4 l s��o c Legend
i ' s}
•, �_dr r.4 [_____j Subject Property
1 _
D t
p .I
emomoom
i.,.. .„
IDARLANI
.---...JOSEPHIHEpR �:. ...� o `.. �+ ti '`
tE .
:;,b I1. .;,,r 5_... 5834_ t,,- _ ..max.,.. 4."' '' �°
i.�� K ► - r57335r 725 5'17'
t ," �• �'• I 2i45 agi195AUo� � li •
I. f 2�9♦ tt v i1'OU i Thts padu.e t.pm Informnttonnl purmnr...nd ,
'I 934 —- _-,+,.� _ GANTU ST Y' i map not have ee P twtwl4,r P.atonable
lie p _' ..� (r I.FaLontixe nR -w+vtpa P ttpo.r. It
ex tom ` <1....tut represent 1�f u d ur y and
Ir - j n•sexy t.only she approximate relative Caution
I- R-1 LNS�_,w�. 8 U2s•ilia' 71 Ali ��{.+ 4. nl malmsey Mandan,..
—,..I 1 inch=250 feet
. 2818 I .1475 ' ! COMMUNITY UBY oRrr
•
_I - SHI•TN\I86H 2021
2b38 ♦ _ 1' 67
_
I .l•11111$1146$.ta$41144PIIIIVelfr, 1 '
Page 6 of 7
RES No R2021-CUP21-00030
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
Notice is hereby given that the Planning and Zoning Commission of the City
of Pearland will hold a public hearing on Monday, October 4, 2021, at 6:30
p.m.; and that the City Council of the City of Pearland will hold a public
hearing and resolution adoption on Monday, October 25, 2021, at 6.30 p.m ,
regarding
Conditional Use Permit Application : CUP 21-00030
A request by Eddy E Aguiar, applicant, on behalf of Mohammad Ullah,
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 a cigar shop inside a lease space within an existing
multi-tenant commercial center, on approximately 1 292 acres of land,to wit
Legal Description: Being a 1.292-acre tract in the H.T & B R R Co Survey,
Abstract No 1, Brazoria County, Texas, said 1 292-acre tract is in a called
2.9340-acre tract described in a deed to Wagon Trail Enterprises Limited
Partnership as recorded in Clerk's File No 2005023402 in the Deed Records
of Brazoria County, Texas
General Location. 5740 Broadway Street, Suite 112, Pearland, Texas
Summary: The applicant proposes to accommodate a cigar shop inside a
lease space, including a lounge to educate customers on products and
services. 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 HELD IN THE
Council Chamber of Pearland City Hall
3519 Liberty Drive, Pearland, Texas
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 attend the public hearing and voice your support or
opposition for the above reference request. If you have comments, please
feel free to email them to slowe(a pearlandtx.gov or submit a public comment
form using the above application number to reference this case For more
information on this request and your involvement in the hearing process, visit
our website at www.pearlandtx.00v/public-hearings.
Page 7 of 7
RES No R2021-CUP21-00030