Ord. 2000CUP-40 2009-11-23 ORDINANCE NO. 2000CUP -40
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT
FOR CERTAIN REAL PROPERTY, ON PLAT FILED FOR RECORD AS
TRACT 1 WITH 2.0 ACRES AND TRACT 2 WITH 3.8897 ACRES OUT
OF RESERVE "A" IN THE REPLAT OF CORRIGAN ADDITION
SECTION 1 (VOLUME 2, PGS 97 -98 B.C.P.R) WEST SIDE PLAZA
SUBDIVISION, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
AND THAT CERTAIN 3.8897 ACRES, MORE OR LESS, OUT OF
RESERVE "A REPLAT OF CORRIGAN ADDITION, SECTION ONE,
RECORDED IN VOLUME 11, PAGE 97 -98 OF THE BRAZORIA
COUNTY PLAT RECORDS, PEARLAND, TEXAS (LOCATED AT 5010
W. BROADWAY STREET, PEARLAND TX.), (CONDITIONAL USE
PERMIT APPLICATION NO. CUP2009 -17), TO ALLOW A
RESTAURANT IN THE NEIGHBORHOOD SERVICES (NS) ZONING
DISTRICT, AT THE REQUEST OF MENDIETA FAMILY FOODS INC.,
APPLICANT, AND PEARLAND WESTSIDE ASSOCIATES LP.,
OWNERS, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE
THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF
THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE
HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY.
WHEREAS, Mendieta Family Foods Inc, applicant for Pearland Westside
Associates LP., property owner, filed an application for a Conditional Use Permit for
certain property, said property being legally described in the original applications for
amendment attached hereto and made a part hereof for all purposes as Exhibit "A and
more graphically depicted in the location map attached hereto and made a part hereof
for all purposes as Exhibit "B and
WHEREAS, on the 16 day of November a Joint Public Hearing was held before
the Planning and Zoning Commission and the City Council of the City of Pearland,
Texas, notice being given by publication in the official newspaper of the City, the
affidavit of publication 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
ORDINANCE NO. 2000CUP -40
WHEREAS, on the 16 day of November, 2009, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed Conditional Use Permit application by Mendieta Family Foods
Inc, applicant for Pearland Westside Associates LP., whereby the Commission
recommended approval of the Conditional Use Permit, said recommendation attached
hereto and made a part hereof for all purposes as Exhibit "D and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on November 23, 2009; 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 the Mendieta Family Foods Inc, applicant for Pearland
Westside associates LP., presented which, in the judgment of the City Council, would
justify the approval of said application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate limits of
the City of Pearland, Texas, and presently classified as Neighborhood Services District
(NS), is hereby granted a Conditional Use Permit to allow a 3,494 square foot
restaurant with a 450 square foot covered patio, as shown in exhibit A, in the
Neighborhood Services (NS) Zoning District; such property being more particularly
described as:
Tract 1 with 2.0 acres and Tract 2 with 3.8897 acres out of Reserve "A" in the Replat
of Corrigan Addition Section 1 (Volume 2, pgs 97 -98 B.C.P.R) West Side Plaza
Subdivision, City of Pearland, Brazoria County, Texas and that certain 3.8897 acres,
more or less, out of Reserve "A Replat of Corrigan Addition, Section One, recorded
Page 2 of 4
Ord. No 2000CUP -40
ORDINANCE NO. 2000CUP -40
in volume 11, Page 97 -98 of the Brazoria County Plat Records, Pearland, Texas
(located at 5010 W. Broadway Street, 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. 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 the City Council for consideration
and decision.
Section III. The City Council of the City of Pearland finds and determines that
the approval herein granted 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 Ordinance shall become effective after its passage and
approval on first and only reading.
Section VII. Declaration of Emergency. The Council finds and determines that
the need to regulate land use inures to the benefit of the public and, therefore, bears
directly upon the health, safety, and welfare of the citizenry; and that this Ordinance
shall be adopted as an emergency measure, and that the rule requiring this Ordinance
to be read on two (2) separate occasions be hereby waived.
Page 3 of 4
Ord. No 2000CUP -40
ORDINANCE NO. 2000CUP -40
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the 23 day of November, A.D., 2009.
4
TOM REID
MAYOR
ATTEST:
Y. N RFIN `t
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord. No 2000CUP -40
Exhibit "A"
Application
Ordinance No. 2000CUP -40
CUP APPLICATION Page 1 of 4 (Updated May 2009)
City of Pearland
itOrsr#:; APPLICATION FOR Community
3523 D Liberty Ore
LIMBkaal A CONDITIONAL USE Pea(ao Center)
d Texas 77581
PERMIT (CUP) 281612-1768
281 652 -1702 fax
www.cityofpearland.com
Conditional Use Permit Request for: 10e477oA/ W;7}!in/ A N.' 2o,VEO Nrrr2ier
?1 (list proposed use from the Table of Uses of the UDC)
Current Zoning District: Nf (NC/9 e fERViefS')
Property Information: n
Address or General Location of Property: „5 0 AM,1414y (J7 ?eer l9(1ANO 4S 7758/
Tax Account No. 7y- c??73.u20
Subdivision: Lot: Block:
A complete application must include all Information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION: APPLICANT INFORMATION:
NAME e r `iXsf <i �u
NAME r7ENWE7n /flASrl[f;IDI Lie." EIVtAt1
ADDRESS 7X73 A Q,„, <L' rrdC },S ADDRESS 0 0 �,oA. fT 0/0
CITY S fsllt STATE .2 ZIP3JS? CITY ?EARLANLD STATE TX ZIP 77584
PHONE( 9 j '7 3 PHONE( 7/3 &302- '976
FAX( z /(10 6, 7 O`33 FAX( a8/ 5 35
E -MAIL ADDRESS C 7 49 4/4/y;. l Car
r E -MAIL ADDRESS J R />7ENr1✓i f I 0/. Con
'Property owner must be the current owner of the property at the time of submittal of the application, and not the party
that has the property under contract.
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development .de of the City of Pearland.
Owner's Signature: ®ryj 1r Date:
n S'E� I
Agent's Signature. 1't x/3 n Ad�
E tO 0 Date: 10/2 3 /c
OFFICE o` n
CE US E ONLY: A X11
FEES I DATE RECEIVED RECEIPT p!'I
PAID: 4. SL PAID: t0 II/ I BY: NUMBR: 5 5 3
Application No. i tx) c 1 7
AD 4
aof
October 26. 2009
To Whom It May Concern:
I, Jose Ramon Mendieta, as owner write the following to explain what the concept
of Emma's Grill Mex -Mex Bistro will be.
It will be located at 5040 Broadway Ste #5010 Pearland, TX 77581. The concept is
that of a Mexican restaurant with an alcohol permit. It is 3,495 sq ft. with the occu-
pancy capacity of 100 -150 people. We will open with approximately 8 -10 employ-
ees for the first 6 months. We will serve alcohol in a family friendly Mexican food
environment. The hours of service will be Sam to lOpm 7 days a week in order to
The purpose of this letter is to establish our business plan. Emma's Grill Mex -Mex
Bistro is the continuation of Mely's Restaurant which served the community for
more than 20 years. Mely's has been a restaurant with the best service and excellent
food; which the Pearland community has enjoyed since the first location
opened. Mely's has grown with the Pearland Community for the past 20 years and
The community has enjoyed and savored the food we make. I wish to continue this
tradition, Mely's is owned and operated by the Mendieta family which is a hard
working family. We have worked in the restaurant business for more than 50 years
with the sole purpose of offering creative Mexican dishes with excellent taste.
Total doer} 0 3,494 I $0
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Exhibit "B"
Location Map
Ordinance No. 2000CUP -40
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LOCATION MAP T
CONDITIONAL USE PERMIT 2009 -17 NORTH
5010 W. BROADWAY ST.
Exhibit "C"
Publication
AFFIDAVIT OF PUB
Ordinance No. 2000CUP -40
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and
Brazoria Counties, for issues, as follows:
No.. Date /0-,V 20
No. Date 20
No. Date 20
No. Date 20
No. Date 20
CFO
Subscribe and sworn to before me this -21 day of ed,
20 -M
'Kee o•o••••••11.110.4.10rsi ••s•••
e' P LAURA p p c�pgq r
49(4 tiae L d'14d ri l ^1 ANN GAY9 iilO
3 .(p4 Noy y Pu �c State of r as iL
N,,, `iF 1 f' O9-09-2 ra Ann Emmons, Publisher
Notary Public, State of Texas
CJAPac(_(-1
Published October 28,
2009
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND. THE PLANNING
AND ZONING COM-
MISSION OF THE CITY L
OF PEARLAND,
TEXAS acres outofReserve "A"
in the Replat of Colgan
CONDITIONAL USE Addition Section 1
PERMIT APPLICATION (Volume 2, pgs 97 -98
NO. CUP 2009.17 B.C.P.R) West Side
P.s Subdivision, City
Notice is hereby given of Pearland, Brazoria
that on November 16, County, Texas and that
2009, at 6:30 p.m., the certain 3.8897 acres,
City Council and more or Tess, out of
Planning and Zoning Reserve "A Replat of
Commission of the City Corrigan Addition,
of Pearland, In Brazoria, Section One, recorded
Harris and Fort Bend in volume 11, Page 97-
Counties, Texas, will 98 of the Brazoria
conduct a Joint public County Plat Records,
hearing in the Council Pearland, Texas.
Chambers of City Hall,
located at 3519 Liberty Location: 5010
Drive, Pearland, Broadway, Pearland,
Texas, on the request of Texas
the Mendleta Family
Foods Inc., applicant for At said hearing all Inter
West Side Associates ested parties shall have
LTD, for a conditional ttte ('and opporturOly
use permit to allow a to appear and be heard
restaurant in the
on the subject
Neighborhood Services
(NS) Zoning District, on Angels Gane sh
the following described Senior Plow
property, to wit:
Legal Description:
Tract 1 with 2.0 acres
and Tract 2 with 3.8897
Exhibit "D"
P &Z Recommendation Letter
Ordinance No. 2000CUP -40
1 1 P! annin ZOn ornmisslon
Recommendation Letter
November 17, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2009 -17
Honorable Mayor and City Council Members:
At their meeting of November 16, 2009, the Planning and Zoning Commission
considered the following:
Request of the Mendieta Family Foods Inc., applicant for West Side
Associates LTD, for a conditional use permit to allow a 3,494 square foot
restaurant with a 450 square foot covered patio, as shown in exhibit A, in the
Neighborhood Services (NS) Zoning District, on the following described
property:
LEGAL DESCRIPTION: Tract 1 with 2.0 acres and Tract 2 with 3.8897 acres
out of Reserve "A" in the Replat of Corrigan Addition Section 1 (Volume 2, pgs
97 -98 B.C.P.R) West Side Plaza Subdivision, City of Pearland, Brazoria County,
Texas and that certain 3.8897 acres, more or Tess, out of Reserve "A Replat of
Corrigan Addition, Section One, recorded in volume 11, Page 97 -98 of the
Brazoria County Plat Records, Pearland, Texas
GENERAL LOCATION: Located at 5010 W. Broadway Street, Pearland, TX
Commission Member Ron Capehart made a motion to approve the Conditional
Use Permit (CUP) to permit. The motion was seconded by Commission Member
Susan Sherrouse. The vote was 5 -0 and the motion passed. The Conditional
Use Permit was approved.
Sincerely,
Ian Clowes, Planning Technician
On behalf of the Planning and Zoning Commission
Page 1