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Home My WebLink AboutR2025-CUP2025-0179 20250714RESOLUTION R2025- CUP2025-0179 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for a Food Sales On or Off Premise use within the Light Industrial (M-1) District, on approximately 0.8278 acres of land, being Lot 2, 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 Brazor ia County, Texas (located at 1818 Main Street, Pearland, Texas). Conditional Use Permit No. CUP2025-0179, for a Food Sales On or Off Premise use within the Light Industrial (M-1) District, at the request of Cody Rogers, ALJ Lindsey LLC., applicant, on behalf of Presidio Equities LLC., owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Cody Rogers, ALJ Lindsey LLC., applicant, on behalf of Presidio Equities LLC., owner, is requesting approval of a Conditional Use Permit (CUP) for Conditional Use Permit (CUP) for a Food Sales On or Off Premise 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 June 2025, 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 Docusign Envelope ID: 1D3B01FC-C8E6-451A-B4D5-BBBEDD018BC6 “D”; and WHEREAS, on the 14th day of July 2025, the City Council having fully heard the testimony and argument of all interested parties finds that in the case of the application of Cody Rogers, ALJ Lindsey LLC., applicant, on behalf of Presidio Equities LLC., owner, is requesting approval of a Conditional Use Permit (CUP) for a Food Sales On or Off Premise 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 a Food Sales On or Off Premise 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, 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, Texas Condition: The exterior building facades shall be developed in substantial conformance with materials as depicted in façade renderings. 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 Docusign Envelope ID: 1D3B01FC-C8E6-451A-B4D5-BBBEDD018BC6 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. Docusign Envelope ID: 1D3B01FC-C8E6-451A-B4D5-BBBEDD018BC6 PASSED, APPROVED, and ADOPTED on this day, the 14th day of July 2025. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 1D3B01FC-C8E6-451A-B4D5-BBBEDD018BC6 Exhibit “A” Legal Description Lot 2, 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. Docusign Envelope ID: 1D3B01FC-C8E6-451A-B4D5-BBBEDD018BC6 Exhibit “B” Vicinity Map Docusign Envelope ID: 1D3B01FC-C8E6-451A-B4D5-BBBEDD018BC6 Exhibit “C” Notification Docusign Envelope ID: 1D3B01FC-C8E6-451A-B4D5-BBBEDD018BC6 Exhibit “D” Recommendation Letter with Input and Discussion Recommendation Letter with Input and Discussion June 17, 2025 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Conditional Use Permit Application No. CUP2025-0179 Honorable Mayor and City Council Members: At their regular meeting on June 16, 2025, the Planning and Zoning Commission considered the following: Public Hearing: A request by Cody Rogers, ALJ Lindsey LLC., applicant, on behalf of Presidio Equities LLC., owner, for approval of a Conditional Use Permit (CUP) for Food Sales On or Off Premise use within the Light Industrial (M-1) District, on approximately 0.8278 acres of land, to wit: Legal Description: Lot 2, 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, Texas. The Planning and Zoning Commission conducted a public hearing for the proposed CUP request at their regular meeting on June 16, 2025. The property owner and applicant were present, and the applicant discussed the proposed project. There was no comment from the public. Docusign Envelope ID: 1D3B01FC-C8E6-451A-B4D5-BBBEDD018BC6 The Commission took a motion to recommend approval of the proposed CUP with staff's recommended condition and the motion passed by a vote of 7-0. The vote by the Commission constitutes a positive recommendation for approval by City Council. Excerpts from the Minutes of the Planning & Zoning Commission Meeting: Senior Planner Bauer presented the staff report with exhibits. Mr. Bauer explained that the request was for the approval of a Conditional Use Permit (CUP) to allow for a coffee shop within the Light Industrial (M-1) District. He noted that staff had not re ceived any public comments either in support of or opposition to the request and provided a review of the property’s history. Mr. Bauer stated that the CUP meets all seven approval criteria outlined in the UDC, and that staff recommends approval with the following condition: 1. The exterior building facades shall be developed in substantial conformance with the materials as depicted in the façade renderings. The property owner, Bobby Orr, representing Presidio Equities, LLC, located at 1717 St. James Place, Suite 680, Houston, Texas 77056, was present in person in the Council Chambers to present to the Planning and Zoning Commission. Mr. Orr discussed the hist ory of the property’s development. The applicant, Cody Rogers, of ALJ Lindsey, LLC, located at 18635 North Eldridge Parkway, Suite 200, Tomball, Texas 77377, was present in person in the Council Chambers to present to the Planning and Zoning Commission. Mr. Rogers discussed the TxDOT Traffi c Impact Analysis (TIA), stated that the storm sewer would be extended to the south, and indicated that they were available to answer any questions from the Commission. Chairperson Fuertes called for public input. There were no persons wishing to speak for or against the proposed request. There was no further discussion from Staff, the Planning and Zoning Commission, or public input. Chairperson Fuertes read into the record the item on Consideration and Possible Action – Conditional Use Permit Application: CUP2025 -0179. Commissioner McDonald made the motion to approve the CUP, and Vice Chairperson Isenberg seconded the motion. Commissioner McDonald made a motion to include the staff’s recommended condition, and Vice Chairperson Isenberg seconded the motion. Motion passed 7-0. Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission Docusign Envelope ID: 1D3B01FC-C8E6-451A-B4D5-BBBEDD018BC6