R2021-CUP21-00031 2021-11-08_FAILEDPage 1 of 7
RES. No. R2021- CUP21-00031
RESOLUTION R2021- CUP21-00031
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 vape and hookah retail shop within an existing multi-tenant
retail center, on approximately 12.6047 acres of land; being described as Tract
1 of the Pearland Plaza Addition, an addition in the City of Pearland, Brazoria
County, Texas, according to the plat recorded in Volume 16, Page 33-36 in
the Official Plat Records of Brazoria County, Texas (located at 3227 Broadway
Street, Pearland, Texas). Conditional Use Permit Application No CUP21-
00031, for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the
General Commercial (GC) District, at the request of Shezad Amir, applicant,
on behalf of Matthew Berger, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Shezad Amir, applicant, on behalf of Matthew Berger, 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 12.6047 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 18th 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,
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RES. No. R2021- CUP21-00031
finds that in the case of the application of Shezad Amir, applicant, on behalf of Matthew
Berger, 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; presented which, in the judgment of the Planning and Zoning Commission have
provided input and discussion; and
WHEREAS, on the 8th day of November 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 Shezad Amir, applicant, on behalf
of Matthew Berger, 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; 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 all of Tract 1 of the Pearland Plaza Addition, an
addition in the City of Pearland, Brazoria County, Texas, according to the
plat recorded in Volume 16, Page 33-36 in the Official Plat Records of
Brazoria County, Texas.
General Location: 3227 Broadway Street, Pearland, Texas.
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RES. No. R2021- CUP21-00031
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- CUP21-00031
PASSED, APPROVED, and ADOPTED on this day, the 8th day of November 2021.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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RES. No. R2021- CUP21-00031
Exhibit A
Legal Description
Being all of Tract 1 of the Pearland Plaza Addition, an addition in the City of Pearland,
Brazoria County, Texas, according to the plat recorded in Volume 16, Page 33-36 in the
Official Plat Records of Brazoria County, Texas.
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RES. No. R2021- CUP21-00031
Exhibit B
Vicinity Map
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RES. No. R2021- CUP21-00031
Exhibit C
Online Notification