R2024-CUP24-17 2024-07-22RESOLUTION R2024-CUP24-17
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Cigar Shop use within the General
Commercial (GC) District, to accommodate a Cigar Shop, on approximately
1.1614 acres of land, being Lot 1, Block 1, Final Plat of Silverlake Center, a
subdivision in Brazoria County, Texas, according to the map or plat thereof,
recorded in County Clerk’s File No. 2003052772 in the Plat records of Brazoria
County, Texas (located at 10201 Broadway Street Suite 113, Pearland,
TX). Conditional Use Permit Application No CUP24-17, for a Cigar Shop use,
within the General Commercial (GC) District, at the request of Eddy Aguiar,
applicant, on behalf of PCDF Properties, LLC., owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Eddy Aguiar, applicant, on behalf of PCDF Properties, LLC., owner,
is requesting approval of a Conditional Use Permit (CUP) for a Cigar Shop use within the
General Commercial (GC) District, on approximately 1.1614 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 1st day of July 2024, 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 reviewed all the
information provided and heard the testimony of all those who wished to speak has
provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
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WHEREAS, on the 22nd day of July 2024, the City Council having fully heard the
testimony and argument of all interested parties finds that in the case of the application
of Eddy Aguiar, applicant, on behalf of PCDF Properties, LLC., owner, is requesting
approval of a Conditional Use Permit (CUP) for a Cigar Shop 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 a Cigar
Shop 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: Lot 1, Block 1, Final Plat of Silverlake Center, a subdivision in
Brazoria County, Texas, according to the map or plat thereof, recorded in County
Clerk’s File No. 2003052772 in the Plat records of Brazoria County, Texas
General Location: 10201 Broadway Street Suite 113, Pearland, Texas.
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.
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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 Reso lution shall become effective after its passage and
approval
PASSED, APPROVED, and ADOPTED on this day, the 22nd day of July 2024.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
_______________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Lot 1, Block 1, Final Plat of Silverlake Center, a subdivision in Brazoria County, Texas,
according to the map or plat thereof, recorded in County Clerk’s File No. 2003052772 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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Exhibit “D”
Recommendation Letter with Input and Discussion
Recommendation Letter with Input and Discussion
July 2, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-17
Honorable Mayor and City Council Members:
At their regular meeting on July 1, 2024, the Planning and Zoning Commission considered the
following:
Public Hearing: A request by Aurangzab Jalili, applicant, on behalf of Turphin Ventures,
LLC., owner, for approval of a Conditional Use Permit (CUP) for an Auto Wash use
within the General Business (GB) District, on approximately 2.261 acres of land, to wit:
Legal Description: Lot 1, Block 1, Development Plat of Jalili Acres, a subdivision in
Brazoria County, Texas, according to the map or plat thereof, recorded in County Clerk’s
File No. 2023039613 in the Plat records of Brazoria County, Texas.
General Location: 8013 Broadway Street, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on July 1, 2024. The applicant was present at the meeting and a
representative of the applicant discussed the proposed use. There were two speakers from the
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public in favor of the requested CUP. The Commission and staff discussed the regulations for
smoking within a retail tobacco store, the location of the property along this portion of Broadway
Street, and the requirement for a filtration device to be put in to handle any smoke.
After discussion, the Commission took a motion to recommend approval of the CUP for the Cigar
Shop and the motion passed by a vote of 6-0. The vote by the Commission constitutes
a positive recommendation for Council.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
Consideration and Possible Action - Conditional Use Permit Application: CUP 24-17
Public Hearing: A request by Eddy Aguiar, applicant, on behalf of PCDF Properties, LLC., owner,
for approval of a Conditional Use Permit (CUP) for a Cigar Shop use within the General
Commercial (GC) District, on approximately 1.1614 acres of land, to wit:
Legal Description: Lot 1, Block 1, Final Plat of Silverlake Center, a subdivision in Brazoria
County, Texas, according to the map or plat thereof, recorded in County Clerk’s File No.
2003052772 in the Plat records of Brazoria County, Texas.
General Location: 10201 Broadway Street Suite 113, Pearland, Texas.
Planner II Bauer presented the staff report with exhibits. Mr. Bauer stated the CUP request was
to allow a Cigar Shop within the General Commercial (GC) District. Mr. Bauer discussed the
Future Land Use of the property, and that staff has received one phone call in favor and one
written request in opposition to the proposed CUP. Mr. Bauer mentioned the various businesses
operating on the property and discussed the history of the property. Mr. Bauer stated the CUP
met all seven criterions of the UDC and staff recommends approval.
Applicant, Eddy Aguiar at 2102 Rock Prairie Court, Pearland, Texas 77581 and Gary
Willingham at 3902 Kinnerton Street Pearland, Texas 77584, were in attendance in-person in
Council Chambers to present to the P&Z Board. Mr. Willingham discussed the necessity for a
new location, the consumer’s need to have a place to digress with a cigar, and the ventilation
system within the establishment.
Chairperson Isenberg called for public input.
Resident, Chesley Sharp at 2701 Old Alvin Road, Pearland, Texas 77581, stated they were in
favor of the Cigar Shop, described the good service he receives as a patron, and the ability to
network with others.
Resident, Norma McVickar at 4423 Ravine Drive, Friendswood, Texas 77546, stated they were
in favor of the Cigar Shop and discussed the Cigar Shop service and atmosphere.
Commissioner McDonald discussed his concerns and the ordinance that prohibits public
smoking within the city. Vice Chairperson Henrichs stated approval of this location over their
previous and hadn’t heard of any complaints from the business. Chairperson Isenberg
discussed learning about air handlers and how they filter out smoke.
There was no further discussion from Staff, P&Z Commission or Public input.
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Chairperson Isenberg read into the record the items on Consideration and Possible Action –
Conditional Use Permit Application: CUP 24-17. Commissioner McDonald made the motion to
approve the CUP and Commissioner Kuhn seconded the motion.
Motion passed 6-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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