R2021-CUP21-00033 2021-12-13
RES. No. R2021- CUP21-00033
RESOLUTION R2021- CUP21-00033
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Liquor/Package Store use within the
General Commercial (GC) District, to accommodate a liquor store within an
existing multi-tenant retail center, on approximately 1.640 acres of land; being
described as a 1.640-acre tract in the H.T. & B.R.R. Co. Survey, Abstract No.
1, Brazoria County, Texas, said 1.640-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 (located at 5730 Broadway Street, Suite 112, Pearland,
Texas). Conditional Use Permit Application No CUP21-00033, for
Liquor/Package Store use within the General Commercial (GC) District, at the
request of Sandra Pinales-Williams, applicant, on behalf of Retail Oak Forest
I, LLC, owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, Sandra Pinales-Williams, applicant, on behalf of Retail Oak Forest I,
LLC, owner, is requesting approval of a Conditional Use Permit (CUP) for Liquor/Package
Store use within the General Commercial (GC) District, on approximately 1.640 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 15th day of November 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 no tice 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 pre mises,
finds that in the case of the application of Sandra Pinales-Williams, applicant, on behalf
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RES. No. R2021- CUP21-00033
of Retail Oak Forest I, LLC, owner, for approval of a Conditional Use Permit (CUP) for
Liquor/Package Store 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 6th day of December 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 Sandra Pinales-Williams,
applicant, on behalf of Retail Oak Forest I, LLC, owner, for approval of a Conditional Use
Permit (CUP) for Liquor/Package Store 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
Liquor/Package Store 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: 1.640-acre tract in the H.T. & B.R.R. Co. Survey,
Abstract No. 1, Brazoria County, Texas, said 1.640 -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: 5730 Broadway Street, Suite 112, Pearland, Texas.
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RES. No. R2021- CUP21-00033
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 Res olution shall become effective after its passage and
approval.
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RES. No. R2021- CUP21-00033
PASSED, APPROVED, and ADOPTED on this day, the 13th day of December 2021.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
____________________________
DARRIN M. COKER
CITY ATTORNEY
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RES. No. R2021- CUP21-00033
Exhibit A
Legal Description
Being a 1.640-acre tract in the H.T. & B.R.R. Co. Survey, Abstract No. 1, Brazoria County,
Texas, said 1.640-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.
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RES. No. R2021- CUP21-00033
Exhibit B
Vicinity Map
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RES. No. R2021- CUP21-00033
Exhibit C
Online Notification
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