R2021-CUP21-00017 2021-07-12RESOLUTION R2021- CUP21-00017
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Market - Open Air use within the
Light Industrial (M-1) District, to accommodate a food truck park
located within the Cole's Antique and Flea Market, on a 0.5 acre of land;
Being 0.5 acres out of a 16.176-acre tract of land, more or less, located
within Lot 83 and Lot 84 of the Subdivision of Sections No. 2 and No. 3, of
the H.T. & B.R.R. Co. Survey, Abstract No. 542 and 232, situated in Brazoria
County, Texas. (1014 Main Street, Pearland, Texas). Conditional Use
Permit Application No CUP21-00017, for Market -Open Air use within Light
Industrial (M-1), at the request of M. Nadeem Battla, applicant, on behalf of
CAFM OPCO LLC, owner, containing a savings clause, a severability clause,
and an effective date and other provisions related to the subject.
WHEREAS, M. Nadeem Battla, applicant, on behalf of CAFM OPCO LLC,
owner, is requesting approval of a Conditional Use Permit (CUP) for Market - Open Air
use within the Light Industrial (M-1) District, to accommodate a food truck park located
within the
Cole's Antique and Flea Market, on a 0.5 acre 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 21th of June, 2021, 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 M. Nadeem Battla, applicant, on
behalf of CAFM OPCO LLC, owner, for approval of a Conditional Use Permit (CUP) for
Market - Open Air use within the Light Industrial (M-1) District, to accommodate a food
truck park located within the Cole's Antique and Flea Market, on a 0.5 acre of land;
presented which, in the judgment of the Planning and Zoning Commission have
provided input and discussion; and
WHEREAS, on the 22nd of June, 2021, 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 M. Nadeem Battla, applicant, on
behalf of CAFM OPCO LLC, owner, for approval of a Conditional Use Permit for Market
- Open Air use within the Light Industrial (M-1) District, to accommodate a food truck
park located within the Cole's Antique and Flea Market, on a 0.5 acre of land; 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) district, is hereby granted a Conditional Use Permit (CUP) for Market -
Open Air 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: Being 0.5 acres out of a 16.176-acre tract of land, more or
Tess, located within Lot 83 and Lot 84 of the Subdivision of Sections No. 2 and
No. 3, of the H.T. & B.R.R. Co. Survey, Abstract No. 542 and 232, situated in
Brazoria
County, Texas.
General Location: 1014 Main Street, 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 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.
PASSED, APPROVED, and ADOPTED on this day, the 12th of July 2021.
VI VIN CO
AYOR
YO R
ATTEST:
,rV e-t
CRYSTAL ROAN, TRMC, CIGIC
CITY SECRETARY
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being 0.5 acres out of a 16.176-acre tract of land, more or less, located within Lot 83
and Lot 84 of the Subdivision of Sections No. 2 and No. 3, of the H.T. & B.R.R. Co.
Survey, Abstract No. 542 and 232, situated in Brazoria County, Texas.
Exhibit B
Vicinity Map
..S.SAM H a USTON PKWY E—
.S SAM HOUSTON PKWY E.
Exhibit 1
CUP 21-00017
Zoning & Aerial Map
1014 Main St.
Food on or off Premise
in M-1 District
Legend
Food Truck Park
Subject Property
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of have been propered far ar hr auitnhle
for kgal. enRineorvtp. or.*Deem/ pmpxe., It
duce not repr vmf en on -the gmvnd ame.Y and
represents only the npprosimote mletiee location
of ,noperly hourolarie..
1 inch = 500 feet
MAY 23. ^-IHI
COMMUNITY DIN. DEPT.
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 PUBLIC HEARING OF
THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND AT
6:30 P.M., ON MONDAY, JUNE 21, 2021, AND THE CITY COUNCIL OF THE
CITY OF PEARLAND AT 6:30 P.M., ON MONDAY, JULY 12, 2021, REGARDING:
Conditional Use Permit Application: CUP 21-00017
A request by M. Nadeern Battla. applicant. on behalf of CAFM OPCO LLC, owner,
for approval of a Conditional Use Permit (CUP) for Market - Open Air use within the
Light Industrial (M-1) District, to accommodate a food truck park located within the
Cole's Antique and Flea Market, on a 0.5 acre of land; to wit
Legal Description: Being 0.5 acres out of a 16.176-acre tract of land, more or less,
located within Lot 83 and Lot 84 of the Subdivision of Sections No. 2 and No. 3, of
the H.T. & B.R.R. Co. Survey. Abstract No. 542 and 232. situated in Brazoria
County, Texas.
General Location: 1014 Main Street, Pearland, Texas
Summary: The applicant proposes to locate a food truck park on a 0.5 acre of land
within the Cole's Antique and Flea Market. The trucks will operate 7 days a week
from Noon until Midnight. The proposed use is being classified as a Market - Open
Air, which is defined as a marketplace held out of doors where food and
merchandise is displayed for sale to the general public in booths. on tables, or via
other temporary means of display,
THE PUBLIC HEARING WILL BE CONDUCTED VIA
TELEPHONENIDEO CONFERENCE & IN -PERSON
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 slowe(a,pearlandtx.gov or submit a request to speak remotely
during the tele-conference. The public will be permitted to offer public comments by
telephone 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//www.peariandtx.govfdepartments/city-secretary/speaker-request-
registration-form.
• Registration must be received no later 12 p.m. on the day of the meeting.
Once the registration form is received, residents will receive either an email
or phone call providing them a telephone number to call on the day of the
meeting. 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.
Planning and Zoning Commission Discussion and Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
June 22, 2021
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 21-00017
Honorable Mayor and City Council Members:
At their regular meeting on June 21, 2021, the Planning and Zoning Commission
considered the following:
Request: M. Nadeem Battla, applicant, on behalf of CAFM OPCO LLC, owner, for
approval of a Conditional Use Permit (CUP) for Market - Open Air use within the Light
Industrial (M-1) District, to accommodate a food truck park located within the Cole's
Antique and Flea Market, on a 0.5 acre of land
General Location: 1014 Main Street, Pearland, Texas.
The Commission held a public hearing and discussed the CUP request. The applicant was
available and discussed the change in ownership of the market and taking care of items
that have had "deferred maintenance" at the market. The P&Z discussed the history of
previous attempts to come up with regulations for food truck parks, about platting the
property, traffic, parking, and their general support for food trucks and creating a
destination. No vote was conducted by the P&Z.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
CUP 21-00017 (Cole's Flea Market Food Truck Park)
Applicant, Nadeem Battla was in attendance online via Webex and Owner
Representative, Lincoln Hoffman with United Flea Markets, was in attendance in City
Council Chambers to present to the P&Z Commission.
Mr. Battla stated that this development would follow all of staffs recommendations and
city ordinances. He included that this food truck park will be more like a park than a
parking lot. Mr. Battla provided details about the design and food truck set-up
procedures. He also stated that each truck will have its own hook up to water and
electricity on -site and will not need a generator. Mr. Battla noted that there is a stage in
the proposed plans for entertainment and the entertainment will follow city policies as
well.
Mr. Hoffman stated that he part ownership of Cole's Flea Market and that this is their
15th flea market acquired over the U.S. Mr. Hoffman informed the P&Z Commission that
they work closely with local government and will continue to phase in improvements to
enhance their market experience.
Chairperson Cade called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner Dansby asked Mr. Hoffman if the operating hours of the food truck park
would be outside of the weekend hours for the flea market.
Mr. Hoffman answered yes and that the food truck park and flea market would be
located near each other but separated.
Commissioner Isenberg likes this idea and upgrading the flea market.
Commissioner Dansby stated that he likes the idea of improving and beautifying that
area.
Commissioner Fuertes said that he is surprised that the flea market is not platted.
Planning Manager Griggs replied that platting will be required due to the amount of
square footage that will be developed.
Commissioner Henrichs stated that she is also excited for this development.
Commissioner Boswell also agreed with the other commissioners and is looking forward
to the entertainment.
Chairperson Cade asked about the turning lane into the flea market because it is not an
enjoyable experience.
Mr. Hoffman stated that they will be completing a TIA worksheet and analysis.
No further discussion from Staff, P&Z Commission or Public input.
Sincerely,
/%ae
Martin Griggs, AICP, CNU-A
Planning Manager
On behalf of the Planning and Zoning Commission