R2023-CUP23-16 2023-11-13RESOLUTION R2023- CUP23-16
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Restaurant (With Drive-In and/or Drive-
Thru Service) use, within the Light Industrial (M-1) District, to
accommodate a restaurant (with drive-in and/or drive-thru service), on
approximately 0.8278 acres of land, being described as Lot 2, in Block 1,
Minor Plat of Rice Drier Commercial Park No. 2, a subdivision in Brazoria
County, Texas, according to the filed plat recorded in County Clerk’s File No.
2023030527 in the Plat Records of Brazoria County, Texas (located 1818
Main Street, Pearland, TX). Conditional Use Permit Application No CUP23-
16, for Restaurant (With Drive-In and/or Drive-Thru Service) use, within the
Light Industrial (M-1) District, at the request of Cesar Dominguez, applicant,
on behalf of Bobby Orr, representing, Presidio Equities, LLC., owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Cesar Dominguez, applicant, on behalf of Bobby Orr, representing,
Presidio Equities, LLC., owner, is requesting approval of a Conditional Use Permit (CUP)
for Restaurant (With Drive-In and/or Drive-Thru Service) use within the Light Industrial
(M-1) District, on approximately 0.8278 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 16th day of October 2023, 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
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provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
WHEREAS, on the 13th day of November 2023, the City Council having fully heard
the testimony and argument of all interested parties finds that in the case of the application
of Cesar Dominguez, applicant, on behalf of Bobby Orr, representing, Presidio Equities,
LLC., owner, is requesting approval of a Conditional Use Permit (CUP) for Restaurant
(With Drive-In and/or Drive-Thru Service) use 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 within the Light
Industrial (M-1) District, is hereby granted a Conditional Use Permit (CUP) for Restaurant
(With Drive-In and/or Drive-Thru Service) 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 2, in Block 1, Minor Plat of Rice Drier Commercial Park
No. 2, a subdivision in Brazoria County, Texas, according to the filed plat recorded
in County Clerk’s File No. 2023030527 in the Plat Records of Brazoria County,
Texas.
General Location: 1818 Main Street, Pearland, TX.
Conditions:
1. The exterior building façades shall be developed in substantial
conformance with materials as depicted in façade renderings.
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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.
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PASSED, APPROVED, and ADOPTED on this day, the 13th day of November 2023.
________________________
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 2, in Block 1, Minor Plat of Rice Drier Commercial Park No. 2, a subdivision in Brazoria
County, Texas, according to the filed plat recorded in County Clerk’s File No. 2023030527
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
October 17, 2023
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 23-16
Honorable Mayor and City Council Members:
At their regular meeting on October 16, 2023, the Planning and Zoning Commission considered
the following:
Request: Lot 2, in Block 1, Minor Plat of Rice Drier Commercial Park No. 2, a subdivision
in Brazoria County, Texas, according to the filed plat recorded in County Clerk’s File No.
2023030527 in the Plat Records of Brazoria County, Texas.
General Location: 1818 Main Street, Pearland, TX.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on October 16, 2023. The applicant was present during the meeting and
discussed the proposed project. There were no speakers from the public for or against the
request. The Commission discussed the request and Commissioner Henrichs and Commissioner
Fuertes stated that they are in favor of the requested CUP with the recommended conditions.
After discussion, the Commission took a motion to recommend approval of the CUP for the
Restaurant (With Drive-In and/or Drive-Thru Service) with the staff recommended condition (listed
above) and the motion passed by a vote of 4-0. The vote by the Commission constitutes
a positive recommendation for Council.
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Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
CUP 23-16 (Restaurant (With Drive-In and/or Drive-Thru Service))
Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the CUP
conforms to all the criteria of the UDC for approval. Staff recommends approval with the following
condition:
1. The exterior building facades shall be developed in substantial conformance with
materials as depicted in façade renderings.
Owner Representative, Bobby Orr at 4601 Washington Avenue, Suite 220, Houston, Texas
77007, was in attendance in Council Chambers to present to the P&Z Commission. He stated the
tract history and that he has enjoyed working with city and PEDC staff. Mr. Orr stated that he
appreciates the city for providing regional detention for this area. He stated that they are working
for an access agreement with the nearby businesses, and it will meet Texas Department of
Transportation’s specifications. Mr. Orr stated that his company has worked in the Houston area
and in Pearland building developments.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Vice Chairperson Henrichs stated that she is in favor of the CUP with the recommended condition.
Commissioner Fuertes stated that he is in favor of the CUP with the recommended condition due
to the surrounding area.
No further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the items on Consideration and Possible Action –
Conditional Use Permit Application: CUP 23-16. Vice Chairperson Henrichs made the motion to
approve with the staff recommended condition, Commissioner Kuhn seconded the motion.
Motion passed 4-0.
Sincerely,
Martin Griggs, AICP, CNU-A
Assistant Director, Community Development
On behalf of the Planning and Zoning Commission
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