Ord. 2000CUP-51-A 2012-06-25 ORDINANCE NO. 2000CUP-51-A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY
APPROVED CONDITIONAL USE PERMIT (ORDINANCE 2000CUP-50) 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 one-year time extension for a previously approved Conditional
Use Permit (Ordinance 2000CUP-50) 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 7th day of May, 2012, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed one-year time extension for a previously approved Conditional Use Permit
(Ordinance 2000CUP-50) application for Sudershan Jambulapati, applicant, for Guru
Om Sai, LLC., owner, whereby the Commission recommended approval of the one-year
time extension for a previously approved Conditional Use Permit (Ordinance 2000CUP-
50), said recommendation attached hereto and made a part hereof for all purposes as
Exhibit "D"; and
ORDINANCE NO. 2000CUP- 51-A
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 21, 2012; 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 I. 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 one-year time extension to a previously approved Conditional Use
Permit (Ordinance 2000CUP-50) 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
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.
Page 2 of 4
Ord. No 2000CUP-51-A
ORDINANCE NO. 2000CUP- 51-A
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.
Page 3 of 4
Ord. No 2000CUP-51-A
Exhibit"A"
Application
Ordinance No. 2000CUP-51
CUP APPLICATION Page 1 of 6(Updated June 2010)
City of Pearland
b
Y APPLICATION FOR Community Devel Development
A CONDITIONAL USE Pearland,Texlas 77581
fl 7,:;".:' S , 281-652-1768
PERMIT (CUP) 281-652-1702 fax
www.cityofpearland.com
Conditional Use Permit Request for: P,-c54- ra rt--/--
(list proposed use from the Table of Uses of the UDC)
Current Zoning District: Wei 6.1�,s�4,-01P..it 5x-r-oi� - (LIS)
Property Information:
Address or General Location of Property: 7 `l O xl, 1.113&OR )
CEA 'l Al.kp 1-'x -11sR )
Tax Account No. C3244-&–C7 c C? l--b®D
is=G►P.L l ,A-14-. , -N I -, R ica,BCslGK t 'TAG-11,.
Subdivision: Lot: Block: )
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME l.)1 K0 -OM ..SAS-. U .L, NAME Sy,Pc_4 SH4'N j64.113.ki(APrZ,
ADDRESS I '' ..I 4 f.Vo', mop-DI.) LA ADDRESS G ,SC}"1 (L8c rAk,K.
CITY &) A, (.,<l~JcSTATE`T)C ZIP-7'7101 CITYS. CIA ( PSTATETk ZIP 71 tn CI
PHONE( 2? ) 71( 'Y7)3 1 �i 31 -71.3i 11 qHONE( F ) 8T1 --65.6 -
FAX( &—) S-65 7-C 9 t) FAX( ` 'l ) ._.sG 4i--] 611
E-MAIL ADDRESS -1)Kb- $1$9 Gkml1 E-MAIL ADDRESS TNQFS S /1a L. Com
*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: c.. `"�1� -v-N Date:_. ', ` kO) ti
Agent's/
Applicant's Signature:c 5 tie rN Date:3kl.kt,Date: 1 I
OFFICE USE ONLY:
FEES DATE / RECEIVED RECEIPT
PAID: DSO. 0O PAID: 7(?J1/ BY: - NUMBER:
Application No,
ORDINANCE NO. 2000CUP-51-A
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 11th day of June,
2012.
TOM REID
MAYOR
ATTEST:
.QEARLp�a,,
0 NG 1 1? , t i r o C
Y S ETARY ` /\
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25,_
day of June, 2012.
�1�Y1-tJ
TOM REID
MAYOR
ATTEST:
/ ,4Q�p,RL..
i TY Sref RETAR 1-3 /\
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord. No 2000CUP-51-A
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Exhibit "D"
P & Z Recommendation Letter
Ordinance No. 2000CUP-51-A
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Planning & Zoning Commission Con
Recommendation Letter
May 9, 2012
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2011-06 — One-year Extension Request
Honorable Mayor and City Council Members:
At their meeting on May 7, 2012, the Planning and Zoni ng Commission considered the
following:
A request of Sudershan Jambulapati, applicant, for Guru Om Sai, LLC., owner,
for approval of a one-year extension for a previously approved 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
GENERAL LOCATION: 7902/7904 Broadway, Pearland Texas
After staff presentation and an explanation of the Unified Development Code provisions for
extending the approval of a Conditional use permit, there was brief discussion regarding
potential restaurants and the applicants ability to submit a permit in the next one-year
time frame. F ollowing this discussion, Commissioner Henry Fuertes made a motion to
approve the one-year extension for a Conditional Use Permit (CUP). The motion was seconded
by Commissioner Ginger McFadden. The vote was 4-0 and the motion passed.
Sincerely,
/44111/1(
Harold Ellis, Senior Planner
On behalf of the Planning and Zoning Commission