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R2020-CUP20-00026 2021-03-15RESOLUTION R2020- CUP20-00026 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a Restaurant (With No Drive -In or Drive-Thru Service) within the Light Industrial (M-1) District, Being all of Reserve "A", Block 1 of S. S. Sun Power Inc Replat & Extension, an addition in the City of Pearland, Harris County, Texas, according to the plat recorded in County Clerk's File No. RP-2016-375068, in the Official Plat Records of Harris County, Texas. (Located at 2944 Sam Houston Tollway E., Ste No. A, Pearland, Texas.). Conditional Use Permit Application No CUP20-00026, within the Light Industrial (M-1) District, at the request by Senae Tate, The Roux Table, applicant, on behalf of Surjit Singh, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, by Senae Tate, The Roux Table, applicant, on behalf of Surjit Singh, owner, is requesting approval of a Conditional Use Permit (CUP) to allow an Restaurant (With No Drive -In or Drive-Thru Service) within the Light Industrial (M-1) District; 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 15thof March, 2021, 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 advertised in the premises, finds that in the case of the application of Senae Tate, The Roux Table, applicant, on behalf of Surjit Singh, owner, for approval of a Conditional Use Permit to allow Restaurant (With No Drive -In or Drive-Thru Service) within the Light Industrial (M-1) 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 Restaurant (With No Drive -In or Drive-Thru Service) within the Light Industrial (M-1) District, in accordance with all conditions and requirements of the 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 all of Reserve "A", Block 1 of S. S. Sun Power Inc Replat & Extension, an addition in the City of Pearland, Harris County, Texas, according to the plat recorded in County Clerk's File No. RP-2016-375068, in the Official Plat Records of Harris County, Texas. General Location: 2944 Sam Houston Tollway E., Ste No. A, 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. 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 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. PASSED, APPROVED, and ADOPTED on this the 15th of March 2021. . KEVIN MAYOR ATTEST: cjl CRYSTAL ROAN, TRMC, CNIC CITY SECRETARY ___04,, 6.-i- DARRIN M. COKER CITY ATTORNEY OLE Exhibit A Legal Description Being all of Reserve "A", Block 1 of S. S. Sun Power Inc Replat & Extension, an addition in the City of Pearland, Harris County, Texas, according to the plat recorded in County Clerk's File No. RP-2016-375068, in the Official Plat Records of Harris County, Texas. Exhibit B Vicinity Map S SAM'HOUSTON PKWY E S SAM HOUSTONIOLLWAY E 5 SAM HOUjTON TOLLWAY E—a. --�+.i'—� 11 • SS✓GUSTO. PKWY E Exhibit 1 CUP 20-00026 Zoning + Aerial Map 2944 Sam Houston Tollway E Ste No. A Restaurant in M-1 District Legend OSubject Property 7Ms porkier ie rrr Inrvmutnnnl pnrptnes and may na have been prepared for or he notable for legal, enhnneenny. or w,eew,ns Va rp ass It does not represent nn on.thegraand earvoy and repreeevits only the apprvmmate relative to anon or property hands nee. 1 inch = 200 feet FEBRUAIRY 2 2021 COMMUNITY I)1V. DEP.. 281.652.1765 Exhibit C Online Notification CITY OF PEARLAND 3523 Liberty Drive. Pearland. Texas 77581 FAX: 281.652.1702 www.pearlandtx.gov NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, REGARDING: Conditional Use Permit Application : CUP 20-00026 A request by Senae Tate, The Roux Table, applicant, on behalf of Surjit Singh, owner, for approval of a Conditional Use Permit (CUP) for a Restaurant (With No Drive -In or Drive-Thru Service) within the Light Industrial (M-1) District, to accommodate a restaurant with no drive -through service within a 1,512-square foot space within an existing retail building located on 1.9755 acres of land; to wit: Legal Description: Being all of Reserve "A". Block 1 of S. S. Sun Power Inc Replat & Extension. an addition in the City of Pearland. Harris County, Texas, according to the plat recorded in County Clerk's File No. RP-2016-375068, in the Official Plat Records of Harris County. Texas. General Location: 2944 Sam Houston Tollway E., Ste No. A. Pearland. Texas. Summary: The applicant proposes to develop a 1,512-square foot restaurant with no drive -through service within the existing retail building at the subject site. THE PUBLIC HEARING WILL BE CONDUCTED VIA TELEPHONENIDEO CONFERENCE & IN -PERSON on: Monday, March 15, 2021 at 6:30 P.M. 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 voice your support or opposition for the above referenced request by submitting comments or requesting to speak remotely. You may submit comments by email to slowepearlandtx.gov or submit a request to speak remotely during the tele-conference. The public will be permitted to offer public comments by telephone as first priority and in -person as provided by the agenda and as permitted by the presiding officer during the meeting. All speakers MUST register in advance. To speak remotely during the meeting, speakers MUST: • Submit the online registration form found at: https://pearlandtx.civicweb.net/Portal/MeetingTypeList.aspx. • Registration must be received no later 12 p.m. on Monday, March 15. Once the registration form is received, residents will receive either an email or phone call providing them a telephone number to call on Monday, March 15. • Speakers must call in at least 30 minutes prior to the start of the meeting in order to speak, late callers will not be accepted and will not be able to speak.