Ord. CUP 17-00013 2017-09-25 Ordinance No. CUP 17-00013
An ordinance of the City Council of the City of Pearland, Texas, approving
a Conditional Use Permit (CUP) to allow for a Liquor/Package Store in
the General Business (GB) zoning district, Being a tract or parcel
containing 22.3385 acres (973,065 square feet) of land situated in the
Thomas J. Green Survey, Abstract Number 198, Brazoria County, Texas,
and being out of and a portion of the called 118.755 acre tract as described
in the deed to Marion E. Settegast, et al, recorded in Volume 1421, Page 25,
of the Brazoria County Deed Records, said 22.3385 also being all of Lot A of
Pearland Commons, a subdivision of a portion of said called 118.755 acre
tract (not recorded at the time of this survey). (Located at 2708 Pearland
Parkway, Pearland, TX.) Conditional Use Permit Application No CUP 17-
00013, within the General Business (GB) zoning district, at the request
of Aaveg Desai, applicant, on behalf of HEB Grocery Company, LP
represented by Debbie Knox, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Aaveg Desai, applicant, on behalf of HEB Grocery Company, LP
represented by Debbie Knox, owner; is requesting approval of a Conditional Use Permit
(CUP) to allow for a Liquor/Package Store use on approximately 22.3385 acres of land
on the following described property; 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 7th day of August 2017, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication 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, on the 8th day of August 2017, the Planning and Zoning Commission
submitted its report and recommendation to the City Council regarding the proposed
Conditional Use Permit (CUP) to allow for a Liquor/Package Store use on an
approximately 22.3385 acres of land, said recommendation attached hereto and made
a part hereof for all purposes as Exhibit "D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 18th day of September
2017 and the 25th day of September 2017; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case
of the application of Aaveg Desai, applicant, on behalf of HEB Grocery Company, LP
represented by Debbie Knox, owner; for approval of a Conditional Use Permit on
approximately 22.3385 acres of land to allow for a Liquor/Package Store use; presented
which, in the judgment of the City Council, would justify the approval of said application;
now, therefore,
BE IT ORDAINED 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
Business (GB) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow for a Liquor/Package Store use, subject to all requirements of the GB zoning
district, and the site plan attached hereto and made a part hereof for all purposes as
Page 2 of 11
Ord. No CUP 17-00013
Exhibit "E", in accordance with all conditions and requirements of the current Unified
Development Code and the following conditions approved by the City Council and
incorporated for all purposes, such property being more particularly described as:
Legal Description: Being a tract or parcel containing 22.3385 acres (973,065
square feet) of land situated in the Thomas J. Green Survey, Abstract Number
198, Brazoria County, Texas, and being out of and a portion of the called
118.755 acre tract as described in the deed to Marion E. Settegast, et al,
recorded in Volume 1421, Page 25, of the Brazoria County Deed Records, said
22.3385 also being all of Lot A of Pearland Commons, a subdivision of a portion
of said called 118.755 acre tract (not recorded at the time of this survey)
General Location: 2708 Pearland Parkway, Pearland, TX.
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 for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the amendment 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 Ordinance 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 Ordinance and its amendments thereto, shall be and are preserved for the
Page 3 of 11
Ord. No CUP 17-00013
benefit of the City.
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 18th day of
September, 2017.
C �.�G-y1 F ' d
TOM REID
MAYOR
ATTEST:
Yil`NG RFING °': /N �=
Y SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th
day of September, 2017.
i
TOM R — )441-e4-------&C-e)'
MAYOR
ATTEST:
..... .N .
UNG RFING Md, =`)'• '- E
Y S CRETAR
APPROVED AS TO FORM:
Q.....i_ort-----
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 11
Ord. No CUP 17-00013
Exhibit A
Legal Description
Being a tract or parcel containing 22.3385 acres (973,065 square feet) of land situated
in the Thomas J. Green Survey, Abstract Number 198, Brazoria County, Texas, and
being out of and a:portion of the called 118.755 acre tract as described in the deed to
Marion E. Settegast, et al, recorded in Volume 1421, Page 25, of the Brazoria County
Deed Records, said 22.3385 also being all of Lot A of Pearland Commons, a
subdivision of a portion of said called 118.755 acre tract (not recorded at the time of this
survey)
Ord. No CUP 17-00013
•
Exhibit B
Vicinity Map
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Ord. No CUP 17-00013
Exhibit C
Legal Ad
To Be Published in the
PEARLAND JOURNAL
Wednesday,July 19,2017
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY
COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER:
CUP 17-00013
Notice is hereby given that on August 7, 2017, at 530
p.m., the City Council and Planning and Zoning Commis-
sion of the City of Pearland, in Brazoria. Harris and Fort
Bend Counties, Texas. will conduct a joint public hearing
in the Training Room of the Public Safety Building located
on the second floor, located at 2555 Cullen Parkway,
Pearland. Texas, at the request of Aaveg Desai, applicant.
on behalf of HEB Grocery Company. LP represented by
Debbie Knox, owner;for approval of a Conditional Use Per-
mit CUP) to allow for a Liquor/Package Store in the Gen-
eral Business (GB) zoning district, on approximately
22.3385 acres of land,to wit:
Being a tract or parcel containing 22.3385 acres(973,065
square feet) of land situated in the Thomas J. Green Sur-
vey, Abstract Number 198, Brazoria County, Texas, arid
being out of and a portion of the called 118.755 acre tract
as described in the deed to Marion E. Settegast. et al, re-
corded in Volume 1421, Page 25, of the Brazoria County
Deed. Records, said 22.3385 also being all of Lot A of
Pearland Commons, a subdivision of a portion of said
called 118.755 acre tract(not recorded at the time of this
survey)
General Location: 2708 Pearland Parkway, Pearland, TX.
At said hearing,all interested parties shall have the right
and opportunity to appear and be heard on the subject
For additional information, please contact the Planning De-
partment at 281-652-1765.
Martin Griggs
Senior Planner
Ord. No CUP 17-00013
•
Exhibit D
Planning and Zoning Commission Recommendation Letter
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Planning & Zoning
Recommendation Letter
August 8, 2017
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application No. CUP 17-00013
Honorable Mayor and City Council Members:
At their regular meeting on August 7, 2017, the Planning and Zoning Commission
considered the following:
A request of Aaveg Desai, applicant, on behalf of HEB Grocery Company, LP
represented by Debbie Knox, owner; for approval of a Conditional Use Permit
(CUP) to allow for a Liquor/Package Store in the General Business (GB) zoning
district; on approximately 22.3385 acres of land.
Legal Description: Being a tract or parcel containing 22.3385 acres (973,065
square feet) of land situated in the Thomas J. Green Survey, Abstract Number
198, Brazoria County, Texas, and being out of and a portion of the called
118.755 acre tract as described in the deed to Marion E. Settegast, et al,
recorded in Volume 1421, Page 25, of the Brazoria County Deed Records, said
22.3385 also being all of Lot A of Pearland Commons, a subdivision of a portion
of said called 118.755 acre tract (not recorded at the time of this survey)
General Location: 2708 Pearland Parkway, Pearland, TX.
At the regular meeting of the P&Z Commission on August 7, 2017, P&Z Vice-
Chairperson Thomas Duncan made a motion to recommend approval of Conditional
Use Application No. CUP 17-00013. P&Z Commissioner Mary Starr seconded the
Ord. No CUP 17-00013
motion. After discussion, the motion to recommend approval failed by a vote of 2-2. P&Z
Vice-Chairperson Thomas Duncan, and Commissioner Mary Starr voted in favor of the
motion. P&Z Chairperson Daniel Tunstall and Commissioner Derrell Isenberg were
opposed.
Sincerely,
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
Ord. No CUP 17-00013
Exhibit E
Site Plan and Attachments
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Ord. No CUP 17-00013