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Home My WebLink AboutR2022-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 DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 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 DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 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. DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 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 DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 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. DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 Exhibit B Vicinity Map Exhibit 1 Aerial & Zoning Map CUP 22-18 11041 Shadow Creek Pkwy Liquor Store m PUD Legend n Subject Property 11.r.,,.u,IPC0iill,lM1.l..144 N,• nli,l nu, nem Ili. 1..4 pn'Wnd fn Bt klpl. •hlllnwllor.,x aul.r ie. pu,14%1-. I, Ln cm, n4nwLL iu un.Ilie.o.wud.un... uu.i .reprrenW uoly14W appr.¢imeW M..Ww .1 ymaan. Mund.ria. 1 Inch =250 feet COilMUk17Y 11 h: Y'. JI.'..IL 11111 DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 Exhibit C Notification CITY OF PEARLAND 3523 Liberty Drive, Pearland, Texas 77581 281.652.1765 FAX: 281.552.1702 www.peariandtx.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, June 20, 2022, 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, July 11, 2022r at 6:30 p.m., regarding: Conditional Use Permit Application: CUP 22-18 A request by MSJ Business Group, LLC., applicant, on behalf of Shadow Creek Investors, owner, for approval of a Conditional Use Permit (CUP) to allow for the expansion of an existing Liquor Store use on approximately 6.944 acres of land within the Strouhal/Kroger Planned Development (PD), to wit: 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 Summary: The applicant previously expanded the existing liquor store without obtaining a new CLIP. The requested CUP is for the expansion of the liquor store that was approved with CUP 17-00006. 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(aearlandtx_oov 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/oublic-hearings-