Ord. 2000CUP-58 2012-11-26ORDINANCE NO. 2000CUP-58
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 STREET, PEARLAND, TX) CONDITIONAL USE PERMIT
APPLICATION NO. CUP 2012-04 TO ALLOW FOR A CHILD DAYCARE
(BUSINESS) IN THE NEIGHBORHOOD SERVICE (NS) DISTRICT AT THE
REQUEST OF SUDERSHAN JAMBULAPATI, APPLICANT AND 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, on behalf of Guru Om Sai, LLC., owner,
filed an application for a Conditional Use Permit to allow the operation of a Child
Daycare (Business), 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 15th day of October, 2012, 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 15th day of October, 2012, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed Conditional Use Permit application for Sudershan Jambulapati,
ORDINANCE NO. 2000CUP-58
applicant, on behalf of 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 regular meeting(s) on November 12, 2012 and
November 26, 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, on behalf of 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 Conditional Use Permit to allow for the operation of a Child Daycare
(Business) in said 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.
Located at 7902/7904 Broadway Street
ORDINANCE NO. 2000CUP-58
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 second and final reading.
ORDINANCE NO. 2000CUP-58
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of
November, 2012.
Rta
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th
day of November, 2012.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Ord. No. 2000CUP-58
CUP APPLICATION Page 1 of 6 (Updated June 2010)
City of Pearland
APPLICATION FOR Community Development
3523 Liberty Drive
A CONDITIONAL USEmmunity Center)
Pearlaond Texas 77581
281-652-1768
PERMIT (CUP) 281-652-1702 fax
www.cityofpearland.com
Conditional Use Permit Request for: C (z1c13-e Y ( u hc55)
(list propb4ed use from the Table of Uses of the UDC)
Current Zoning District: I V € m bU,r\c,cxxJI 1',�1' I LQS (`V
Property Information:
Address or General Location of Property: -7 9 U )3K9ADL 2)
Tc_A (Aivp fi -77Sg)
Tax Account No. opq) -c)601 cso
Subdivision:
)?,-Y Lot:
P
Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
J
PROPERTY OWNER INFORMATION: APPLICANT/AGENT, INFORMATION:
NAME GUZ) o Y'\ SAT
ADDRESS
CITY SUC-r0( (( STATE C ZIP 7?t(-7p
PHONE( Z) 8.7-7
FAXgz II ) - 5 — fl
E-MAIL ADDRESS r FS 7S9 & 4 'E-2 1-411 E-MAIL ADDRESS r F-
NAME .ci_)F u(0
ADDRESS 06sL 41 !. i'� 'r(� �(
CIT ,,,m;c / TATE 7) ZIP 77 LEI ct
PHONE(__E) ,,5 ,t -t-
FAX f ) -C
*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:
Agent's/
Applicant's Signature:
Date: 61(i t(b-N
Date:
OFFICE USE O)4LY:
FEES
PAID:
DATE Ci #../
/��
PAID:
RECEIVED/
BY: �-}--fes.--
RECEIPT
NUMBER:
Application No. 01
Mr. Harold EDis
Senior Planner
3523 LibertDrive
Pearland, Texas -77581
Guru Om Sai LLC
1214 Ivory Meadow Ln
Sugar Land, Texas -77581
9/4/2012
Re: Sai Plaza, Conditiona! Use Permit for Child Care.
Mr, Ellis,
We are intending to lease a 1200 Sq ft of space in SaPlaza for a Extended Day Chid Care. Sai Paza is
Iocated on Broadway and wUl serve very weH our Pearland Community.
I request you to grant us the needed conditional use perm t and oblige.
Thanking You,
Sinc
SAI Plaza
Pearland, Texas
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Vicinity Map - Pearland, TX
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surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location
R-1
BROADWAY ST
No. 3;,'
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Tranquility Lakes Sec 2
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PUD
Exhibit "B"
Ord. No. 2000CUP-58
Vicinity Map
CUP 2012-04
7902/7904 Broadway
This product is for information purposes and
may not have been prepared for or be suitabl
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground survey
and represents only the approximate relative
location of property boundaries. N
0 75 150 300 Feet
I111Itiil
• Published Sept. 26,
2012
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
CONDITIONAL USE
PERMIT NO. CUP
2012-04
Notice is hereby given
that on October 15,
2012 at 6:30 p.m., the
City Council and
Planning and Zoning
Commission of the City
of Pearland, in Brazoria,
Harris and Fort Bend
Counties, Texas, will
conduct a joint public
hearing in the Council
Chambers of City Hat,
located at 3519 Liberty
Drive, Pearland, Texas,
on the request of
Sudershan Jambulapati,
applicant, for Guru Om
Sai, LLC., owner, for
approval of a Condi-tion-
al Use Permit to allow
for a Child Daycare
(Business) in the
Neighborhood Service
(NS) District, on property
located at 7902/7904
Broadway, more specifi-
cally described below:
BEING A 0.9495 ACRE
TRACT OF LAND SITU-
ATED IN THE H.T. & B
R.R. COMPANY SUR-
VEY ABSTRACT 242 IN
BRAZORIA COUNTY,
TEXAS, BEING THE
SAME TRACT OF
LAND CONVEYED TO
JOSEPH B BENES AND
RECORDED IN VOL-
UME 408 PAGE 538 OF
THE DEED RECORDS
OF BRAZORIA COUN-
TY TEXAS.
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject. For addi-
tional information,
please contact the
Planning Department at
281-652-1768.
Ian Clowes
Planner II
Exhibit "C"
Ord. No. 2000CUP-58
�Up ,2or2-0'1
Planning & Zoning Commission
Exhibit "D"
Ord. No. 2000CUP-58
Recommendation Letter
October 17, 2012
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2012-04
Honorable Mayor and City Council Members:
At their meeting on October 15, 2012, the Planning and Zoning Commission considered the
following:
A request of Sudershan Jambulapati, applicant, for Guru Om Sai, LLC., owner,
for approval of a Conditional Use Permit to allow for a Child Daycare (Business)
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, TX
After staff presentation there was brief discussion regarding layout of the existing shopping
plaza, more specifically access and parking. Following this discussion Commissioner
Matthew Hanks made a motion to approve the Conditional Use Permit (CUP). The motion was
seconded by Chairperson Henry Fuertes. The vote was 4-1 and the motion passed.
Commissioner Daniel Tunstall voted in opposition.
Sincerely,
Ian Clowes
Planner II
On behalf of the Planning and Zoning Commission
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF OCTOBER 15, 2012
Conditional Use Permit No. CUP 2012-04
At the request of Sudershan Jambulapati, applicant, for Guru Om Sai, LLC., owner,
for approval of a Conditional Use Permit to allow for a Child Daycare (Business) in
the Neighborhood Service (NS) District, on the following described property, to wit:
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
APPROVAL PROCESS: After this Joint Public Hearing, the requested
Conditional Use Permit application will be considered as
follows:
Planning and Zoning Commission: October 15, 2012*
City Council for First Reading: November 12, 2012*
City Council for Second Reading: November 26, 2012*
(*dates subject to change)
SUMMARY: Sudershan Jambulapati, applicant, for Guru Om Sai, LLC., owner, is
requesting approval of a Conditional Use Permit to allow the operation of a child
daycare center at the above referenced location. If approved, the daycare center would
be located within the rear building of the Sai Plaza development.
Sai Plaza consists of two shell buildings, as indicated on the site plan included with the
applicants submittal. The daycare being proposed would be located in the larger of the
two buildings (approximately 1,200 sq ft) located towards the rear of the site, at the
southwest intersection of Broadway and Tranquility Lakes Blvd. The daycare is
planned to be a traditional daycare center with peak hours in the morning and after
work. Other uses for the shopping center include a hair and nail salon.
JPH 10-15-12
CUP 2012-04
Page 1
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North General Business (GB) Vacant
South Multi -Family (MF) Multi -Family Residential Units
East Neighborhood Service (NS) Vacant
West Neighborhood Service (NS) Commercial
CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC): As previously
mentioned, the property is currently zoned Neighborhood Service (NS). The minimum lot
size for the NS district is 12,500 square feet, the minimum lot width is 100', and the
minimum lot depth is 100'. Additionally, the front setback for this site is 25', and the side
and rear setbacks are 10'. The property is approximately 200' wide and approximately 200'
deep, meeting the bulk development requirements for the site, and the improvements
constructed on site meet the City's setback requirements. In addition to these
requirements, this property is also subject to the City's Corridor Overlay District (COD)
regulations, which were determined to be met at the time of site plan approval. Among
other regulations, a 30' front landscaping setback is required as a result of the COD
regulations, as well as an increase in the quantity of trees and shrubs, and enhanced
building facade materials. Therefore, the property was developed in conformance to the
Unified Development Code (UDC), and the daycare use will be in conformance to the UDC
with approval of a Conditional Use Permit.
PLATTING STATUS: The property is currently platted. The plat was approved as part of
the site plan and development process for the site.
CONFORMANCE WITH THE COMPREHENSIVE PLAN: The current Comprehensive
Plan (latest update in July 2004) indicates Retail, Offices, and Services for the subject
property. The Comprehensive Plan further indicates that an appropriate zoning district for
Retail, Offices, and Services is Neighborhood Service (NS). Therefore, as the subject
property is currently zoned Neighborhood Service (NS), the proposed use, a daycare
center, is in compliance with the current Comprehensive Plan with the approval of
Conditional Use Permit.
CONFORMANCE WITH THE THOROUGHFARE PLAN: The subject property has
frontage on Broadway, a major thoroughfare, with a minimum of 120' right-of-way.
AVAILABILITY OF UTILITIES: The subject parcel does have access to public water and
public sewer.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: As this proposed use will
only be the second business to occupy the Sai Plaza shopping center, it is not
anticipated to have any negative impacts on existing or future developments in the
immediate area. Additionally, a Traffic Impact Analysis was submitted with the site plan
JPH 10-15-12
CUP 2012-04
Page 2
approval for the shopping center which accounted for uses with similar intensities as a
daycare center. Therefore, negative impacts from a traffic perspective are not
anticipated.
ADDITONAL COMMENTS: This request has been reviewed by the City's Development
Review Committee and there are no additional comments from other departments at the
time of this report.
SITE PLAN CONSIDERATIONS: A site plan for this use was submitted with the
Conditional Use Permit application. The site plan illustrates current site configuration, and
changes to the site are not anticipated in order to operate a daycare center at the proposed
location.
PUBLIC NOTIFICATION: Public notice, comment forms, and a vicinity map were mailed
to property owners within 200 feet of the subject property under consideration for the
Conditional Use Permit. A legal notice of public hearing was published in the local
newspaper, and a notification sign was placed on the property by the applicant.
OPPOSITION TO OR SUPPORT OF PROPOSED REQUEST: Staff has not received any
comments either in opposition to or in support of the proposed Conditional Use Permit
request.
CRITERIA FOR APPROVAL: When considering an application for a Conditional Use
Permit, the Planning and Zoning Commission and City Council shall evaluate the impact of
the proposed use on and its compatibility with surrounding properties and residential areas
to ensure the appropriateness of the use at the particular location, and shall consider the
extent to which:
(1) The proposed use at the specified location is consistent with the policies
embodied in the adopted Comprehensive Plan;
(2) The proposed use is consistent with the general purpose and intent of the
applicable zoning district regulations;
(3) The proposed use is compatible with and preserves the character and
integrity of adjacent developments and neighborhoods, and includes
improvements either on-site or within the public rights-of-way to mitigate
development related adverse impacts, such as traffic, noise, odors, visual
nuisances, drainage or other similar adverse effects to adjacent
development and neighborhoods;
(4) The proposed use does not generate pedestrian and vehicular traffic which
will be hazardous or conflict with the existing and anticipated traffic in the
neighborhood;
(5) The proposed use incorporates roadway adjustments, traffic control
devices or mechanisms, and access restrictions to control traffic flow or
JPH 10-15-12
CUP 2012-04
Page 3
divert traffic as may be needed to reduce or eliminate development
generated traffic on neighborhood streets;
(6) The proposed use incorporates features to minimize adverse effects,
including visual impacts, of the proposed conditional use on adjacent
properties; and
(7) The proposed use meets the standards for the zoning district, or to the
extent variations from such standards have been requested, that such
variations are necessary to render the use compatible with adjoining
development and the neighborhood.
Conditions: The City Council may require such modifications in the proposed use and
attach such conditions to the Conditional Use Permit as the City Council deems necessary
to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this
section. It should be noted that at this time staff has not identified negative impacts which
will need to be mitigated as a result of the proposed additions. Should City Council identify
impacts which it feels should be mitigated, conditions and modifications may be placed on
the approval of the Conditional Use Permit.
STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit
No. 2012-04 to allow the operation of a Child Daycare Center in the Neighborhood Service
(NS) district as proposed by the applicant and owner for the following reasons:
1. The proposed request should not have any significant negative impact on the
surrounding properties and developments.
2. The proposed request would be in conformance with the Unified Development Code
with the approval of a Conditional use Permit.
3. The proposed request would be in conformance with the Comprehensive Plan with
the approval of a Conditional Use Permit.
4. The proposed request appears to be in conformance with the criteria of approval of
a Conditional Use Permit listed in the Unified Development Code.
SUPPORTING DOCUMENTS:
• Vicinity and Zoning Map
• Property Ownership Map
• Property Owner Notification List
• Future Land Use Plan
• Aerial Photograph
• Zone Change Application and applicant packet
• Related Documents
JPH 10-15-12
CUP 2012-04
Page 4
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CUP 2012-04
7902/7904 Broadway
This product is for information purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground survey
and represents only the approximate relative
location of property boundaries. N
0 75 150 300 Feet
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FLUP Map
CUP 2012-04
7902/7904 Broadway
This product is for information purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground survey
and represents only the approximate relative
location of property boundaries. N
0 75 150 300 Feet
IIIIII11
Aerial Map
CUP 2012-04
7902/7904 Broadway
This product is for information purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground survey
and represents only the approximate relative
location of property boundaries. N
0 75 150 300 Feet