R2017-CUP17-00020 2018-01-29 RESOLUTION R2018- CUP17-00020
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a restaurant (with no drive-in
or drive-thru service) (Catfish Station) in Light Industrial (M-1) zoning
district, 1.9755 acres of land situated in the F.B. Drake Survey, Abstract
Number 1181, City of Pearland, Harris County, Texas, being that certain
called 1.2934 acres of land described in deed and recorded in the Official
Public Records of Real Property of Harris County, Texas, under County
Clerk's File Number 20140403442 and that certain called 0.6811 acres of
land described in deed and recorded in the Official Public Records of Real
Property of Harris County, Texas, under County Clerk's File Number RP-
2016-93906, also being that certain Restricted Reserve "A" of S S Sun
Power Inc, a subdivision as shown on map or plat recorded under Film Code
Number 676252 of the Map Records of Harris County, Texas. (Located at
2944 South Sam Houston Parkway, Pearland, TX.) Conditional Use Permit
Application No CUP 17-00020, within the Light Industrial (M-1) zoning
district, at the request of TN Associate INC, applicant, on behalf of Surjit
Sing, owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
WHEREAS, TN Associate INC, applicant, on behalf of Surjit Sing, owner; is
requesting approval of a Conditional Use Permit (CUP) to allow for a restaurant (with no
drive-in or drive-thru service) on approximately 1.9755 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 29th day of January 2018, a Joint Special Meeting was held
before the Planning and Zoning Commission and the City Council 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 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 TN Associate INC, applicant, on behalf of Surjit Sing, owner; for
approval of a Conditional Use Permit on approximately 1,9755 acres of land to allow a
restaurant (with no drive-in or drive-thru service); 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 Light
Industrial (M-1) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow a restaurant (with no drive-in or drive-thru service) (Catfish Station), subject to all
requirements of the M-1 zoning district, 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: 1.9755 acres of land situated in the F.B. Drake Survey,
Abstract Number 1181, City of Pearland, Harris County, Texas, being that certain
called 1.2934 acres of land described in deed and recorded in the Official Public
Records of Real Property of Harris County, Texas, under County Clerk's File
Number 20140403442 and that certain called 0.6811 acres of land described in
deed and recorded in the Official Public Records of Real Property of Harris
County, Texas, under County Clerk's File Number RP-2016-93906, also being
that certain Restricted Reserve "A" of S S Sun Power Inc, a subdivision as shown
on map or plat recorded under Film Code Number 676252 of the Map Records of
Harris County, Texas.
General Location: 2944 South Sam Houston 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
benefit of the City.
Section VI. This Resolution shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on this the 29th day of January, 2018.
Du:yflJ'�
TOM REID
MAYOR
ATTEST:
NG 1 FING, `:' C _� •;`";
Y SE 'ETARY . (7„,,
'
DARRIN M. COKER
CITY ATTORNEY
Resolution R2018-CUP 17-00020
Exhibit "A"
Exhibit A
Legal Description
1.9755 acres of land situated in the F.B. Drake Survey, Abstract Number 1181, City of
Pearland, Harris County, Texas, being that certain called 1.2934 acres of land
described in deed and recorded in the Official Public Records of Real Property of Harris
County, Texas, under County Clerk's File Number 20140403442 and that certain called
0.6811 acres of land described in deed and recorded in the Official Public Records of
Real Property of Harris County, Texas, under County Clerk's File Number RP-2016-
93906, also being that certain Restricted Reserve "A" of S S Sun Power Inc, a
subdivision as shown on map or plat recorded under Film Code Number 676252 of the
Map Records of Harris County, .Texas.
Resolution R2018-CUP 17-00020
Exhibit Ilgll
Exhibit B
Vicinity Map
1 •
- -. I. S,, I_ ,• �t . , Exhibit 1
Zoning and Aerial Map
` TOLLWAYE- 2944 S Sam Houston
'M HOUSTO TOLLW•
mi. CUP 17-00020
r C. Legend
Is SAS' CU- , {,: Q Subject Property
1
�y
1
O
CO 9
y o
lkill
M-1
__ t x IA 5
t M-1 p ,s4'
I.
I 7 'sr
\ X
p l 1 Tbir Vr.rua-t,,lot tnlunvatlumrl pot v and
I,vt b.n[,ar,-.1 for orb. ul 0,1
0 / i, '..
or 4 I It 4 Vurpox.I
n Pn+rn Ililt,Illlrolllma.ra ler.a la./rt..1
SF...y. ul Vn,lxrl%brun.L,n.•.
• 1 Inch=191 feet
i WA UECEM PER 201f,
V PI,ANNINt:DF.P\RTMi\T
+�ti
Resolution R2018-CUP 17-00020
Exhibit "C"
Exhibit C
Online Notification
NOTICE OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 17-00020
Notice is hereby given that on January 29, 2017, at 6.30 p.m., the City Council and
Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort
Bend Counties, Texas, will conduct a joint special meeting 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 TN Associates Inc., applicant, on behalf of SS Sun
Power Inc., represented by Surjit Sing and Jing Tan, owners;for approval of a Conditional
Use Permit(CUP)to allow for a restaurant(with no drive-in or drive-thru service) (Catfish
Station)located in the Light industrial (M-1)zoning district; on approximately 1.9755 acres
of land, to wit:
1.9755 acres of land situated in the F.B. Drake Survey, Abstract Number 1181,
City of Pearland, Harris County, Texas, being that certain called 1.2934 acres of
land described in deed and recorded in the Official Public Records of Real Property
of Harris County, Texas, under County Clerk's File Number 20140403442 and that
certain called 0.6811 acres of land described in deed and recorded in the Official
Public Records of Real Property of Harris County, Texas, under County Clerk's
File Number RP-2016-93906, also being that certain Restricted Reserve `An of S
S Sun Power Inch,a subdivision as shown on map or plat recorded under Film Code
Number 676252 of the Map Records of Harris County, Texas.
General Location: 2944 South Sam Houston Parkway, Houston, 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
Department at 281-652-1765.
Martin Griggs
Senior Planner