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Ord. 2000CUP-51 2011-05-23ORDINANCE NO. 2000CUP -51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING A 0.9495 ACRE TRACT OF LAND SITUATED IN THE H.T. B R.R. COMPANY SURVEY ABSTRACT 242 IN BRAZORIA COUNTY, TEXAS, BEING THE SAME TRACT OF LAND CONVEYED TO JOSEPH B BENES AND RECORDED IN VOLUME 408 PAGE 538 OF THE DEED RECORDS OF BRAZORIA COUNTY TEXAS LOCATED AT 7902/7904 BROADWAY, PEARLAND, TX (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2011 -06), TO ALLOW THE OPERATION OF A RESTAURANT, IN THE NEIGHBORHOOD SERVICE (NS) DISTRICT AT THE REQUEST OF SUDERSHAN JAMBULAPATI, APPLICANT, FOR GURU OM SAI, LLC., OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS Sudershan Jambulapati, applicant, for Guru Om Sai, LLC., owner, filed an application for a Conditional Use Permit to allow the operation of a Restaurant, on 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 18 day of April, 2011, 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 WHEREAS, on the 18 day of April, 2011, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the ORDINANCE NO. 2000CUP- 51 proposed Conditional Use Permit application for Sudershan Jambulapati, applicant, for Guru Om Sai, LLC., owner, 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 May 9, 2011; 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 Sudershan Jambulapati, applicant, for Guru Om Sai, LLC., owner, 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 1. The following described property located within the corporate limits of the City of Pearland, Texas, and presently classified as Neighborhood Service (NS), is hereby granted a Conditional Use Permit allow for the operation of a Restaurant in the Neighborhood Service (NS) zoning district; such property being more particularly described as: Being a 0.9495 acre tract of land situated in the H.T. B R.R. Company survey abstract 242 in Brazoria County, Texas, being the same tract of land conveyed to Joseph B Benes and recorded in volume 408 page 538 of the deed records of Brazoria County Texas known as 7902/7904 Broadway, Pearland, TX Page 2 of 4 Ord. No 2000CUP -50 ORDINANCE NO. 2000CUP- 51 This Conditional Use Permit is for a Restaurant (With No Drive -In or Drive -Thru Service) as classified in the Land Use Matrix contained in the City's Unified Development Code. Section 11. 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 111. 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. Page 3 of 4 Ord. No 2000CUP -50 ORDINANCE NO. 2000CUP -51 Section VI. This Ordinance shall become effective after its passage and approval on second and final reading. 2011. ATTEST: day of May, 2011. ATTEST: PASSED, APPROVED, and ADOPTED on First Reading this 9 day of May, PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23 APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY ,EGG!??) TOM REID MAYOR wc:::) 2401 TOM REID MAYOR Page 4 of 4 Ord. No 2000CUP -50 Agent's/ Applicant's Signature: Skl' Lk a Ll, OFFICE USE ONLY: Exhibit "A" Application Ordinance No. 2000CUP -51 CUP APPLICATION Page 1 of 6 (Updated June 2010) City of Pearland APPLICATION FOR Community Development 3523 Liberty Drive A CONDITIONAL USE Pearand,T xas Center) 281 652 -1768 PERMIT (CUP) 281 652 -1702 fax www.cityofpearland.com Conditional Use Permit Request for: 51-7(.44 (list proposed use from the Table of Uses of the UDC) Current Zoning District: W J� 0'_ 5- ,..-rVk- •S) Property Information: Address or General Location of Property: 1 9 D 913 &UAnW fE aAh)p,,1x -77 Tax Account No. -0 Opp --.DOD FAQ t 1 I B 1cr-3.t ca t 'TACT A,. Subdivision: Lot: Block: 1 A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: APPLICANT /AGENT INFORMATION: NAME c OR) 'OW SA1 Li L NAME S v� )Q1vs �QU Lit ADDRESS 1 1 4-- ��i E4p Vv ADDRESS C� SC 141 1Cre ra4(, K, CITY G)& K L ?J.PSTATE _]7(fl CITY (i (iWJJ7 STATE _ZIP )7 t-) i PHONE( 2J- 3 g 31 7 7133 HONE( c�3v� 8T7 -6s 2I FAX( 5-65 -7-c 9 6 FAX(o4'/ S c i 7 611 E -MAIL ADDRESS c ,s 2 9 Lfitti r E -MAIL ADDRESS TI.DFS78 /lo G i Cow, *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 Code of the City of Pearland. Owner's Signature: U Date: ,7)2Jk0) Date: ?kkn FEES PAID: 2S OD DATE l PAID: 5 fa 1l RECEIVED tis k___ BY: RECEIPT NUMBER: Application No. p' Application, filled out completely, and signed by the owner of the property to be considered for the conditional use permit. If the applicant is the designated agent, the application shalt include a written ,A)(' statement from the property owner authorizing the agent to file the application on his behalf. Section 1.2.1.1 (a) of the Unified Development Code. [Metes and Bounds Description, (Survey, or a Plat of the property that contain the metes and bounds description), vv 7 Letter of Intent, explaining the conditional use permit request in detail, specifying proposed uses, specific operations of the use, square footage of buildings, unique characteristics of the property, and any other necessary information CUP APPLICATION Page 2 of 6 (Updated June 2010) APPLICATION CHECKLIST FOR THE FOLLOWING Conditional Use Perrnits (CUP) Parcel map, printed from the City of Pearland website, indicating the location and boundaries of the subject property. Application fee of $250.00, by cash, check made payable to the City of Pearland, or credit card (Visa and MasterCard only) LL Site Plan or Plot Plan showing the proposed layout of the subject property, including any proposed buildings, parking, landscaped areas, detention ponds, fences, and any other relevant information 'Acknowledgement of the sign to be posted on the property 10 days prior to the public hearing Provide evidence or proof that all taxes and obligations have been paid regarding the subject property. Application packets that are not complete will not be accepted. When a completed application packet has been accepted and reviewed, additional information may be required by staff as a result of the review, it may be necessary to postpone the proposed CUP /Zone Change and remove it from the scheduled agenda and place it on a future agenda date according to Section 1.2.1.2. of the Unified Development Code. ,A4,2‘7.141 3:41P 44 1:77 3S4,1 1 0 114. Fit 0 330; I k 44.414260 44.ot i ,c ,412,41,2! r '14 4-47241 vc=g472r 1V31 '43 3 I :!:34,133 l'012 3 33 33:3n g) 13 33 1 4 4% 10 C 19, 44 3 7 3 4. a F'rOperl 3/2/2131'1 Property ¶Learoh Results Property IQ 156250 GURU OM I LLC for Year 2010 Antoun1 nopory It:: l9ea. lo: iT p0 0 Ian) 02.424001- 00. Real A0242HY 11 Rf 5LOIOC1 1t1ACT A, ?O)21111 5111 ACANS _261!1 latm GURU QM 51I LC AAdre42: 1214 WL1Ry MEA,IYYN L FANCAR LAW, TA ni:F9 -5451 opeely ppru lsnd It 1152:4110 1M1F2a4veralo¢ 1.2.20 4 0 4.4. 1: LZtw &jJ Map Datakci0o bat14,.k2almc 2121342011 40.i1 AM 02014 raw, Atooml*,o ,Inc -AS 11131 1AreeIvx3. ftksry VloB.= 111)0 41m only oupprte Maw' E pbror ar, Nelseapo'I4 and Pketot ...I:rueaul,nrnatiort.com /Map /tu #ap.aspx ?ci... 1./1 Mr, Harold Ellis Senior Planner 3523 Liberty Drive Pearland, Texas -77581 Guru Om Sai LLC 1214 Ivory Meadow Ln Sugar Land, Texas -77581 Re: Sai Plaza, Conditional Use Permit for restaurant. Mr, Ellis I request you to grant us the needed conditional use permit and oblige. Thanking You, !su&ati P 3/1/2011 We are intending to lease a 2400 Sq ft of space in Sai Plaza for a Restaurant. The Restaurant will be dining -in or Carryout and does not serve alcohol drinks. Sai Plaza is located on Broadway and will serve very well our Pearland Community. CITI F PRARLARR REPRINT ,111 USA:APR RERRIII Qier GLYN Type: IX kiner &latity, Recelpl. tc 41824 Peecription Quantity iteeunt ICAI: DP ARISTRE'NTS I. CeN 7Tens tealier: Ii2R5547 CUP RIII:13 al 541 la 72 PRIJAINIS PailIRPENN 14 CDURN Index CR CRIER Totel teetieTred Total rdywit "Inm thite: 342I11 14:2:15 "civAnt== 111.01t uentatwapo .211.414 MOO 1.1-11‘04 101', OFFICIAL TAX RECEIPT ROVIN GARRETI RTA flftAZORIA COUNTY TA% ASSESSOR. COLLECTOR 111 F".. L000Jf 7yEii5 ANGLETON, TEXAS Account No (1242 0001..000 Cevlifled Owner. GURU UM SAI LLC 2010 VALUE; 633;1 Jr Yava 1 2010 0 2010 28 2010 54 201 96 2010 Lava Paid 1,490. 221.92 5;25L' 04 577.01 2,4603) GIIRU ©M SAI LLG 1214 IVORY MEADOW LN SUGAR LAND, PIRSI ULA:f"> POSTAGE PAID PERMIT N ANGLETOI I TX A0242 H'r 6 k R BLOCK 1 "tRACI' FM 518 ACRES g495 P&I Parcel Address: 7902 BROADWAY 0.U0 ;Sp{ A:Rei; 0.5405 0.00 App? No'. 166350 D.DO Depo6it Nu: 013100 0.00 Paid Date: 0/113112011 0.00 Tot21 Paid; $10+000.00 Check No; 0003426 Exenletion3s); NONE Il•111111a111111151111 otl (111}r111111111114111 1 111;011 11 Certified 0 1nxx GURU Obi SAI L,LC 1214 IVORY MEADOW LN SUGAR LAND TX 77479 -5457 Derek Ka: 11045190 Elanlotion Novi 900000024376641 Aecotlxtt Not 0242-0001-00 Operator Code: 8011 {(heck 1<iaanlbpris,L', 1057 ,F2:ea/ lattune,nu red orb:. PG.Y2'+A3�. GURU OM SAI LLC 1214 IVORY MEADOW LN SUGAR LAND TX 7747 +9 -5457 Li TAX RECEIPT' a R.O'VIN AEfT,RLA BRAZORIA COUNTY 1 A X .OS SE SS OR COLLECTOR ANGLETON, TEXAS 71515 Legal Uea+trlp4len A02�97. kl 1' !S Il It R 91CM:U:. I 17777797 FN1518.ACRES .9495 Parcel Address: 7902 ISItOFlI)WA Legal Acres: 9.9495 Rends Sect No: 19176792. Reeelpt Date: 91(3120 Depovit Dew 02/14/2011 9rint neee: 02112/2011 Vear Tnx Unit Nona Tax Value lax .linie Levy Paid P tu` 1 Colt Fee Paid Todd 0- 1tid00p 2 531,170 0.403109 65823 0.00 0,00 458:29 2010 S raxarla foo A7 98 0.00 0.00 97 98 531170 0.D600.060000 0.011 2,317.T' .2010 91+e' la lad Sr Bridge 533,170 1,419400 2,317.77 0.011 2010 Pi Drainage 0.00 0.00 254 2010 F3ryrnrla. ('I¢aaga Glat 4 537,1'717 5'1.74 0�l)a 1,061F,.f16 533,170 0.665100 1,086.06 10 {1117 Cray OfPearlaral -...,..__..�..._._,7 8 10.00 BG.00 54,414.70 103,314.7. PAYMENT t 1 PE: Mar Total App11e 'b'uaul "Sande (ler iieeonn(r paid ens 0030/2011) Change Pall: ACCOUNT PAID IN Flat 14,414.78 114,414.78. 54,414. 50.00 (979)4164-131R (979) 3304320, (281) 755.1320 page L of 0 :!.1.13'7 Exhibit "B" Location Map Ordinance No. 2000CUP -51 Tu g) w N N N state of Texas Irazoria and Harris Counties Lloyd Morrow, hereby certify that the notice hereby appended was published in HE REPORTER NEWS., a newspaper of general circulation in Brazoria, Harris and ialveston Counties,, for issues, as follows: No. Date 1'3:0 :No. Date Date Date Date No. No. AFFIDAVIT OF PUBLICS The Peariand Reporter News 2404 Park Avenue Pearland, Texas 77581 ubscribe and sworn to before me this 0.1 Exhibit "C" Publications Ordinance No. 2000CUP -51 20 20 20 20 20 Laura Ann Emmons, Publisher Notary Public, State of Texas CO IThONAL USttPERoILNO w,. 604204'460. I.Notr0 Ie,5hereby givenl that on Aprfl14011 at 6,y0 p m� ire pitq -,...0.nellaha(7,P;iinTilh.0 and Zonlnd Oommisslon LELALS dfthe 'City of Peail`and n Brazorla, Harris and Font 1epcCo0le Taxes, will condu a r cint ppbllo hearipg „In he Couaoll C l''ef:Olt Halt. Iboatedi at 3319` LlbeNty ',Drive, F-Rearland3Texas, on the, I quest of 4 ?pge[sham. JarfSaulapaf1 Y,'appllcant, or G rL pm`SaI, L "LC, 'owner •fogapp }ayalofa vCondhlonal ,Use- Rermlt o allow lor,a)Restaurant n Yho ti Neighborh ood Srirwbe (NS)" Disiribt' on ;property Iodated at 100217904° Broadway, gore cr seep rfidally... d$ scribed below: BEING At0,8406 ACHE;' TRACT OF LAND SITU ATED IN THE FLT. B;. R.R'COMPANY SURa VEY ABSTRACT .242 IN BRAZORIA' COUNTY TEXAS, .,BEING, THE. SANE .,TRACT, OF CONVEYED TO 8 BENES AND`'. RECORDED` IN: VOL- UNE 408 PAGE 538 CF,. THE DEED RECORDS OF BRAZORIA'COUN TY TEXAS.' At saldhearing,all Interr. ested parties shall have he `right and opportunity to appear, Land be heard on the $ubJeoI. For addl. :fio�nal Inforniatlon please ocnfaot the Plannlrig Department at "281 662.1.788 Herold Ellie Settler Planner April 20, 2011 Sincerely, Planning Zoning Commission Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Recommendation Letter Harold Ellis, Senior Planner On behalf of the Planning and Zoning Commission Re: Recommendation on CUP 2011 -06 Honorable Mayor and City Council Members: At their meeting on April 18, 2011, the Planning and Zoning Commission considered the following: GENERAL LOCATION: 7902/7904 Broadway, Pearland Texas Exhibit "D" P &Z Recommendation Letter Ordinance No. 2000CUP -51 A request of Sudershan Jambulapati, applicant, for Guru Om Sai, LLC., owner, for approval of a Conditional Use Permit to allow for a Restaurant in the Neighborhood Service (NS) District, on the following described property: LEGAL DESCRIPTION: Being a 0.9495 acre tract of land situated in the H.T. B R.R. company survey abstract 242 in Brazoria County, Texas, being the same tract of land conveyed to Joseph B Benes and recorded in volume 408 page 538 of the deed records of Brazoria County Texas After staff presentation and a discussion regarding the basis for requiring a CUP for a restaurant, as well as ingress and egress concerns for the site, Commissioner Henry Fuertes made a motion to approve the Conditional Use Permit (CUP). The motion was seconded by Commissioner Darrell Diggs. The vote was 4 -0 and the motion passed.