R2022-CUP22-18 2022-07-11RESOLUTION R2022- CUP22-18
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for the expansion of a liquor store within
the Strouhal/Kroger Planned Development (PD), on approximately 6.944
acres of land, being described as Lot A, in the Amending Plat of Shadow Creek
Marketplace, a 49.279-acre subdivision of land in the City of Pearland, Texas,
according to the plat recorded under County Clerk’s File No. 2008001974 in
the Plat Records of Brazoria County, Texas (located at 11041 Shadow Creek
Parkway). Conditional Use Permit Application No CUP22-18, for expansion of
a liquor store within the Strouhal/Kroger Planned Development (PD), at the request
of MSJ Business Group, LLC., applicant, on behalf of Shadow Creek
Investors, owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, MSJ Business Group, LLC., applicant, on behalf of Shadow Creek
Investors, owner, are requesting approval of a Conditional Use Permit (CUP) for the
expansion of a liquor store within the Strouhal/Kroger Planned Development (PD), on
approximately 6.944 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 20th day of June 2022, 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 MSJ Business Group, LLC., applicant, on behalf
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of Shadow Creek Investors, owner, for approval of a Conditional Use Permit (CUP) for
the expansion of a liquor store within the Strouhal/Kroger Planned Development (PD);
presented which, in the judgment of the Planning and Zoning Commission have provided
input and discussion; and
WHEREAS, on the 11th day of July 2022, 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 MSJ Business Group, LLC., applicant,
on behalf of Shadow Creek Investors, owner, for approval of a Conditional Use Permit
(CUP) for the expansion of a liquor store within the Strouhal/Kroger Planned Development
(PD); 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
Strouhal/Kroger Planned Development (PD), is hereby granted a Conditional Use Permit
(CUP) for the expansion of a liquor 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: All of Lot A, in the Amending Plat of Shadow Creek
Marketplace, a 49.279-acre subdivision of land in the City of Pearland,
Texas, according to the plat recorded under County Clerk’s File No.
2008001974 in the Plat Records of Brazoria County, Texas.
General Location: 11041 Shadow Creek Parkway
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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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PASSED, APPROVED, and ADOPTED on this day, the 11th day of July 2022.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
LESLIE CRITTENDEN
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit A
Legal Description
All of Lot A, in the Amending Plat of Shadow Creek Marketplace, a 49.279-acre
subdivision of land in the City of Pearland, Texas, according to the plat recorded under
County Clerk’s File No. 2008001974 in the Plat Records of Brazoria County, Texas.
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Exhibit B
Vicinity Map
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Exhibit C
Notification
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