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Ord. 2000M-0061 2009-02-09 FAILEDFAILED 2/9/2009 ORDINANCE NO. 2000M-61 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, 26.34 ACRES OF LAND, BEING PARTS OF AND THE NORTH HALF OF LOT 44 AND ALL OF LOT 49 OF ZYCHLINSKI'S SUBDIVISION IN THE HT&B RR CO. SURVEY, SECTION 3, ABSTRACT 232, AND R.B LYLE SURVEY, ABSTRACT 542, IN THE BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE WEST SIDE OF SH 35 (NORTH MAIN STREET), AND ON THE SOUTH SIDE OF MCHARD ROAD), (ZONE CHANGE APPLICATION NO. 2009-02Z), FROM CLASSIFICATION HEAVY INDUSTRIAL (M- 1) TO PLANNED DEVELOPMENT (PD), AT THE REQUEST OF JUNG KWAK, APPLICANT FOR MONTALBANO LUMBER CO. INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Jung Kwak, applicant for Montalbano Lumber Co. Inc., owner, filed an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a change in the zoning district, 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 19th day of January, 2009, 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 19th day of January, 2009, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Jung Kwak, applicant for Montalbano Lumber Co. Inc., owner, whereby the Commission recommended approval of the ORDINANCE NO. 2000M-61 change of classification for the described property from its existing classification Heavy Industrial (M-1) to Planned Development (PD), 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 23rd day of February, 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 Jung Kwak, applicant for Montalbano Lumber Co. Inc., 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 City limits of the City of Pearland, Texas, and presently classified as Heavy Industrial (M- 1), is hereby zoned to Planned Development District (PD), in accordance with all conditions and requirements listed in the Planned Development (PD) Document, also known as Exhibit "A" attached hereto and incorporated for all purposes, such property being more particularly described as: 26.34 acres of land, being parts of and the North half of Lot 44 and all of Lot 49 of Zychlinski's Subdivision in the HT&B RR Co. Survey, Section 3, Abstract 232, and R.B Lyle Survey, Abstract 542, in the Brazoria County, Texas (Generally located on the West Side of SH 35 (North Main Street), and on the South Side of McHard Road), with the following conditions (to be added after City Council's decision). Page 2 of 2 Ord No 2000M-61 ORDINANCE NO. 2000M-61 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 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 the City Council for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the amendment 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 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. The City Secretary is hereby directed to cause to be prepared an amendment to the official Zoning District Map of the City, pursuant to the provisions of Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein granted for the reclassification of the herein above described property. Section VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this day of 2009. Page 3 of 3 Ord No 2000M-61 ORDINANCE NO. 2000M-61 TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of 2009. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000M-61 Exhibit "A" Application Ordinance No. 2000M-61 Current Zoning Distri Proposed Zoning Property tnformation: ~ ~.~ _~ Lt ~ `: Crty of Pearland Community Development 3523 Liberty Drive (Cornmurity Cenfer) Pearland, Texas 77581 28 T -652-1768 261-652.1702 fax wvnv.cityofpeartand. com Address or General Location of Property:~QO /~GcC < pF' /1~i011,~ ~,{,, ~, KIT ~~ ~S f 511 ,r,C r/ M .~ ~ . ~ .., .` , Tax Account No. 4 2302 ~ ~ 1 /-!- O2 !S.'9S3Acs OSl~.~^~S3-rlnn //p,,3~6AC5/ Subdiviston:_ ~ ~ ~. --fL.r~' .~ Lot: Block: A Gornplete (] Fee (see Zoning Change Fee Schedule Application ~ ~R ~vtousc y pq.~~ „~ .nu all oflthis ~ Legal Description and/or Survey of the Property ~~ ('L~xt,t, a.,~ ~w ~ u~ ~ information; Letter ~°~ ~ Expla(ning the Zoning Change Request in detail speci~fy~ ~~ ~ exisfing zoning and why the zone change Is being requested, current use ~ ~~~ of the property, and the proposed use of the roe ~-~n requested, see PD Format and Guidelines) p p ~' ~ a PO is ~~~ l/ PROPERTY OWNER tNFORMATION: NAME p L~ APPLICANT INFORMATION: l1n L-~,1 df `*s ~'rG • NAME K ADOR~~ 1~~ -~~ 1 /1 ~ __ ADDRESS ~' ~ s CITY STATE~ZIp t]rjQ[~rj ~ PHONE(] ~~ -''7-'-f--- Cm' ~ STATE~_~p~~Z FAX( 7~) PHONE~~ q ~J -/„ / ~ _ E-MAIL ADDRESS F'4X(~) /n,2~ • CO[sry E-Iv1AIL ADDRESS 1 U /~G I~[t ~'~ Q ~f'1d ~l 1 As owner and applicant, I heraby request approval of the above described request as provide ~ Cn/>7 by the Untfie Developrnent Code of the City of Pearland. ~Py~~j-~ d for lea's Signature: /~ Date: a ,,z,~, o 4gent's Signature: r ~/ ` Date: ~b OG~ ~p~g - ~E USE [vur v. Application Nn. -, Tf'-e Planned DeveloprY~ent Zoning District (PD) Document for the Proposed DeveloptY~er-t on North Main Street Commercial l Ind~~strial Mixed-Use Planned Development on North Main Street Suhniittril tn: City of Pearland 3519 Liberty Drive Pearland, TX 77581 Submittal b~: .ILlr1~? ~~~~~ .. 2621 Sunfish Drive Pearland, TX 77584 December 15, 2008 The Planned Development Zoning District (PD) Document for the Proposed Development on North IVlain Street Introduct;cn A. Descript on or the Subject Property The subject property, approximately t,Nenfi,~-six (26) acres in area (vacant land), is located on tl~e west side of North Main Street (Texas Highway 35) and approximately 500 feet south of the intersection of North Main St. and McHard Road, and 400 feet north of the intersection of North ~+lain St. and Halik Road. The project site is primarily level land with trees and other vegetation. It has three (3) major pipelines (oil and gas) crossing it in a southtivest to northeast direction. B. Description of Proposed Development. Proposed develcptnent will be mixed, witi~ the frontage along H~v~~ 35rN. Main Street being corrmerciaL'retail and other uses permitted in General Cctnmencial, and a commercial business parfC consisting ofoffice-warehouse buildings. The M-1 Industrial and behind tf~e commercial frontage will be developE~d as an industrial business park with office-warehause and manufacturing buildings. The intent is to develop the property by platting into reserres or lots for both commercial and industrial uses, as dictated by the PD, in order to provide smaller tracts of land for immediate use by businesses wanting too purchase tf;e I~nnd and get a building permit from the City in a reasonable lime witho~rt having to develop what they purchase. See Exhibit A Design Plan. C Describe the area of land in acreage. The subject property comprises an area of approximately 26.273 acres. The original tract contained 26.58 acres. The State of Texas has purchased additional right-of-way along Highway 35, reducing the acreage by approximately .3072 acre. Drainage and pipeline easements currently on the property approximate 3 acres of surface which are unable for use in development or building. See Exhibit B, 2 pages. North r~+ain Street De;~e'cpmer,t Page 1 of 7 D ~~, statement as to the purpose and int~r~t or" ti,c PD district established therein The proposed development will be consistent with the uses described in Section I.B above. The purpose of the proposed PD is to facilitate development of the subject site compliment to the character and developments in the project area while eliminating the potential for adverse uses not favorable to the neighborhood developments. In addition, PD will provide for adequate separation and screening as required by the Pearland Uniform Development Code (UDC) between the subject site and industrial development located to the south of tl~e property, The proposed development area may be subdivided into smaller lots as per the UDC requirements. Zoning and Land Use A. Describe tha existing zoning districts and the boundaries of said districts. The current zoning of the subject property is ht-1 Light Industrial. Properties to the north and south are zoned as M-1 Light Industrial. The properties to the east of the subject property {east side of North Main St.) are zoned GC General Commercial District. See Exhibit C. B. Describe the base zoning district(s) to be overlaid, togather with the boundaries of the districts). and describe the areas in acr~aye of each different district. Tlie subject property is proposed to be used consistent with the following zoning categories; The frontage along North Main (Hwy 35), legally described as Lot or Tract 44-A, Abstract 542, HTB~B RR Survey, consisting of 10.0685 acres, net of certain tracts of land acquired by the State of Texas for Hwy 35, as GC/ General Commercial District with PD. The remaining land, Tract 49 Part, Abstract 232, HT&B RR Survey, consisting of 15.953 acres, would retain its M-11 Light Industrial zoning with PD. All other land use types identified as requiring conditional use permit (CUP) will follow applicable approval processes. See Exhibit C. No~ff~ i~!a~h Strut Deve'opmer,t Pay 2 of 7 C Thy ger,~ral star.da~ds appli.able to development ~~~~ithin the d~stnct. a~;itr cr without re`eiance to the bass district. incluu~ng but not limited to. density, lot area. lot widt;~. lot dept;;, yard depths a~~d widths building height, building elevations, coverage, floor area ratio. parking access, accesscry buildings. signs, lighting. project phasing or scheduling managemer:t associations, and such other req~_iirements as the City Council may deem nzcessary in order to implement the Comprehensi~re Plan, and tre purposes of the PD district. All applicable requirements of the city of Pearland including the specific requirert~ents for Zoning category GC including but not limited to: density, lot area, lot v~ridth, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and such ether requirements will be met for the proposed development. Access wi11 be provided by the road proposed as shown in the Design Plan (Exhibit A). Adjacent property otivners have been contacted and have expressed their willingness to enter into an agreement for cross-access and road connections to allow better traffic flow for the Subject Property and the Halik Road property and less curb cuts for the corner property at McHard Road and Hwy 35. Agreements with adjacent land owners are Exhibits E and F. ~'~'oafi~ iLia~i; St, mot DevAreprnert Page 3 of 7 Pfo`IIC;e a taCl3 Clltitfilrlg tt'~e pefCOrli Gf u5a fll c.3.h ZJr,lr?4 CIdS3ifiCa`.IOn Irl~iuG~ cJe`~ntlon a'~d rr;3Jo~ thGr~t:ghfar~s as secarata ,t:ms. Disct,ss coss:Lia `iariaticns rrorr CefC~nta~j'~3 •r t3J :? end am;~lirlj of Vaflc`3nCe rcC~lieS`il'~C. 'i 81i\ Lard Usa Surnma~ -- --- - - - - - ----- --- - ----- ~ T- Parcentage o` Total Zor~ng Use _ I A,feS h~fe3 L71S;fICt Sin~ie Family ~0 _ _ ~ - - - -- I^ Multlpie Family I IO 0 Gzr,aral B:.;siness,Ccmmerial ~ 0 '?1°/a GC Parkland tc ce dedicatd to the City '0 0 P;Fziines (3; szparatz ease•rents f - i 3 0 ! 1 s~, hi-1 Detant~on - 4.0 15"~;~ f,1- Tnoro::ghfaras / RO'/~/ 2.0 -- --- 8 ~•~~ GC- ~t-1 Internal Streets 1 ~iehicular Cirulation 0 v Gthers -Uses descried In Sec'ion IB abc~;e ------ -- 9 C --- 3~:'~ ~,1-1 - 2. For residential uses, provide lot a~ridth categories and corresponding zoning in a table. Describe the percent change the number of lot sizes may vary by category. if any variation. Jot Applicable - -- P,esidential - ------------ ---- . Zor.e I Lct Area Numoer of Lots i --- ---- - --- ---I - - - - I - -- ~ --- I I~ _~~] ~bG~i'r ',fain Jirsl Ceieropn;e;~! Pae ~ ;;1 7 D The per;nittad cor:ditional anti accessor;~ uses authorized in the district. the location of such uses, the residential densities or other measur~rnents cf deve~:opme^t intercity associated ~r~ith case distr~cts cr ph,a~es o~ the dcf ~loprrera in ccr ~formance ~,~~ith the approved Design Plan Not Applicable lil De~igr, StandarCS Applicable to the Deve!opn~ent A. Sigrage. Landscaping Fencing. Parking Screening, Trees.. etc. Signage will be consistent with City of Pearland requirements. Landscaping will be in accordance witf~ City of Pearland minimum requirements, with additional landscaping as desired by the developer/ user of the property. Fencing and screening ~r~ill be in accordance witi~ City of Pearland UDC requirements. Parking will be in accordance with City of Pearland UDC requirements. Tfie property has a large stand of native volunteer trees ~vf~ich have grown over the years of non-use of the land. Landscaping tivill include t}~e replacement of any desired or protected tree species in accordance with Pearland's tree ordinance and tfre provisions of the UDC. B Refer to Design Plan and describe ~,vhich aspects of plan are precise and which are general. The enclosed Design Plan depicts the property boundaries, proposed drainage/ detention easements, as well as the location of tf~e proposed access road. The location of the roadway shown in the Design Plan is approximate. The exact geometry and location will be determined based on Texas Department of Transportation (TxDoT) and City of Pearland requirements for curb cuts and/or median cuts, the size and location of storm water detention pond anti drainage requirements, and individual lot geort~etry. A Traffic Impact Analysis (TIA) will be performed. North N?a;i~ Street Developn;ert gage 5 of 7 C. A specinc list of de~iiations fror~~ standards in the base zoning districts tcrether with any standards ir; the ordinance which aie to be varied fc develcoment ~r~ithin the PD distract. None. G Add a note ti.at all requirements of the Unifed Development Code grill be net. unless specificalhy mentioned in this Planned Development. The proposed development will meet all requirements of the City of Pearland Unified Development Code (UDC). Outdoor storage and activities will be permitted by Conditional Use Permit (CUP). IV Required Dedications of Land or Public Improvements None known, unless City of Pearland requires dedication(s).. V A phasing schedule for the project, where applicable, setting forth the dates for submittal of site development plans and the timing of performance by the developer for dedications of land or public improvements and satisfaction of any conditions in relation to the pi~asing of development, where applicable. Phasing schedule for the project is as follows: Phase I -- plat the 26 acres with a cul-de-sac road measured not more than 600 feet into the property from Hwy 35, with the cul- de-sac being in the portion zoned as M-1. The plat will show the proposed road with future connection to Halik Road. Phase I building permits on the GC tract would be contingent upon completion and city acceptance of tfie cul-de-sac road and cross access agreements in place with the property owner to the North of the GC tract. Phase ll -Construct the remainder of the planned road to connect with Halik Road. Phase II building permits for the M-1 tract would be contingent upon completion and city acceptance of the proposed connecting road as shown on the Phase I plat. All access easements and rights of ~vay will be shown on the plat. ~~iortn P~la~n St; eat Ceve'enmant Pale E or 7 ~i1 Exhib~!5 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Design Plan Description Zoning Access'Road Agreement 1 Agreement 2 r~lor'%; ,~~la:; ~ St.~~st De~.e~opmerr °a~~e 7 0~ ? ._ ,~~,- w % ~~~ ~ ~ /~ :~i ~VV 'J ~~ City-owned Property 1 ~ -, r ' .' ~~~ ~ /1 '~ i ~~ i ~ a i. ..~ 7yrw~ ~ ~~ / ~, ~ ~ ~ I ,~ / ~ .' ' ~ ~ ~- i i ~ ~' # Lot 49 ~ ' .. ..;. ~ ~. ~~ ~~ ~ / ` Y ~.~ ~~ i .~ r. Old Settlers ~ Dolen °°~y Cemetery ~ Tract greement for ~~ Roadway II~ ,. . - , ~ - lA/illiams .' Tract ''~' N ~~ ~ ~ ..~ ' . I r~ ~ .... Lot 44 .-R , ~ , r~ ~I ~+ Pauluhn PUD ~ i ~, I Exhibit A ., ~- v~ i ~ I I I ~ `'~s``~F" -~ . K ~n~ jj °" ~ ~ f' ~ ~ ~. i ~• # x -, ~ ,~ ~ ; ~4 .e; ~. , ~ t '~ ;~ `,•- ~~ ~. . ys' f '. ~~r yP~ q ~:Kr r'1 ~?' ~. t~ i ' Z V.i u i1 ~ ~_. _.e~.-.. ...~ 1~-- . - Y ` ~ H k n~ k 4 ~... .. w+~°! '~ 4ie Subject Property consists of 26.58 acres, less the fight-flf- ~~ ~ ~;~ f SOW) purchased by the State of Texas for expansion of Texas 64~ ~~~?=day 35. The remaining acres are estimated at 26, more or less. ~'6~:e ¢~roperty is currently zoned as "M-1 Light Industrial" by the Irity of E~`ariand. Highway 35/ North Main frontage (east boundary] is 66>~ feet, the south boundary is 1648 feet, the west boundary Ealong tf~e 6•a:iroad) is 688 feet and the north boundary is 1813 feet; these dir-:~en5ions include the iand purchased by the State of Texas. Three pips;:"sees cross the property on a diagonal from the southwest corner of R.e~ ~9 through the northwest corner of Lot 44-A; these pipeline eass~Pnts cover approximately 3.5 acres though the center of the property. ~:;{h~i~7it ~: .~~I a. . ~~ r. ~~ !~ ~; ~ , , ' i == . , i;~..~~~a~:f`Uti S ~z; .. . , ii; i;:~yii'{,J ~i(tu or £3i :~i t! ~,s ~`~<:i i11 i k:1T (:f :_s,;C -t 1 i .:~ .. i c..t ~:~~f3;:, :3>i.}'~3 v;1 #..:i'.3:.sc:i1 it 1 fy :~~ ! >`t~~c?3 I f`: r; w~ ,: ~ ,~ f, ~;,~ _ .~ . _. , >~, ,A.%;~=si:'~ct ~..3'~ ~r~cJ ~<.~3. LyR~l ~~~ r; s Wy, r` ;: t, ~ < -:~ ;, ~ ;:;: ,., Y•~, i~~ Cc~+.u11~~. ~I"~xa 3, an: (J:~s~ '-a`ix.~ -{ _° , ,~'~:L3 ,~ ~1 ~ I S'tt ~ ~. a~ ~-7 J f~s~ fYA:'.L~r;a.:r~k fl~itud~~ ~'ccl i"i411~t11'~1~lS%~ UUi t.t)i' ;7 if•::~ P:_;. ~i;~~ c:.::.:rc,:rii,.;rJ trams c~(~ tt~s~r a~~~:~t~rf`d ri~t~i-~sJY ,.~rr.,;! t~- .~ c3~ ;~?:~,'. 13:Jt,~.~~,-:~ :3~J, ~acc:i i; dry i Lei I;~Ir.~ (i:c..yY„3d ~~~~~t;, _~:` I t' ~ ~ r ' V°,'.~ .: 1 1 v t ~ 1 tL~t t~+ :~ n tt ~, I!`1t~r'~v3'r.~~i~1 csti' ti :~:; ru iilt li{,;~ iaf l ~:-Z .ri'r :~,~:..! tt,~ F~:,rF~~t~,~t~>< ri~i~t-a~~~v~~ lir::~~ c:;t 'i i IGi`~icz i~:F~~;tt+ C~' t7' 3r' ~J~Wt ~#>rr~ tfi~ ~+~~at:r' r"i~Jtrt gar, ~:v,!y li,~.va ui ~;~,tt h1i;JR-,~,~ra~ 3~ ~ eti3~~in~;~ of ~~39 f~:-gib Lra pan in.;,i i~t1 (;i,~,r°;;-,~ tt» ~o(.rttl..~~3t ~~~rn~r ci' t}~~ tr~ci h~r~rit~ i 1 L~ i ;tic: v:.:;..:t ~ ~a;~~ ;~~ v~ 1 ~-lt3.4 "l ( ~ ~ + i; wn r:,<i •;~,3 ~c~(• ~; :w ~,;:u~.r~~,~r:~~t ~x;rr;~r of tf;~ Fiar~ir7 d~~cri~~~9 tract, r~rR ttr~ t~,.x~~t..~rt/ ri;Ji`~;t ~~-~~ryy lire c:J` 1fi:~ GC~B.S~ F:~it~a;~ry ~a. ri~i•~t ~,'. '~~y; '(~' ~ ~ : (,, ~ F ~t.;:r ~ l 'I :3 ° ~' ~I{r. ;.a..~ i>;::;~~':}~J $a~[~ t '$ C~ 4VV~s f li (~ ~ ili cJ; at~ri~.,' of f3~38.2-t i,~~t~t to san iron rod ~~t tnr tt,~ ri~ctf,~,c;~3t c~~rn~r' pw: tlta h~;r~in d~sc,ri9~ati trait; ~? ;ti:~: ~y:>t ~wa.~{ m~ ,;i,;,,:,,:,~ ~ ~ I,+s ,~:~.r~ l,t,~3 ~~ ~ ~ ~d ~r~ L.~d} ~ ~:r'~.! ~3 ~ ~;#~ c~°~r.~ ~t 9313.E-i< I~;~ Eij ~~ ~ c~fi F~i{~~~rd~~~ eE,~d t~:~~,~ tf:.~ ~~:t~,~~ Est ~~~t:a~rJ t;; Cf. Fi. Ar~r~, I~;St;a~r~d f~ ~~:7';f~ j~? hStr. ~~~ riurl~rti ZYid P~i(+iiti<i ci< .~~;-r~~, t~79~ ~~ci Ei~~~~~~~ c~ Pt._~3 t;r~~a~~~+t t;~/ ~ur<fi ~tr~~ra;~ar. ,~ ~,~ _,j _ ~ ~ , SUBJECT PROPERTY ~, ~ ! ^- PUU ; i ~~ -- ~- _ ~- __ -- i. - - - -- -- . 1. ~t ± I " - 7 5 ~ - ~ .-- ~ .. _.--.._ Current ~t~nin~ ~urr~unsling the prap~et-ty ~on~i~ts ~# Nlyl 1_i~ht Yn_du~trial on its ns3rth, wept, and youth bovnsiaries, with all the properties being rracant land except for the Old ~ettler~ tremete~y and the Pal-i P~1D os:c~apiEd by Pauluhn Company. The east bo~ntia~,+ (along highway 3~J ~!. Main) fronts on I;C General Commercial, with the majority of ~th~o~e propertie.a being dea~elflped and ~occupied~ M-i Light 3n.slu~trial light blue ~als~r ~C ~ea'7~eral Co~°nrrt~ercial light ©rans~e s:olor f~u~ (1~~~, light faints ~aogr~~~i~ )r~f~rr~~t.i~rt ,lY ~ t~~ l7WflZd _~_ ,,5 15 /•1 4 ' For ~~ ~~ure D~Ltent:ion~ ;- ~- ~-~'•~"eTty Owned _ Y _ ,-,~~>/ r ,.. ~ t~: ~M l1'!.7 ilt ~i ~~,~L SS i~. ~~ it>dC~~ : .,•v.:~:?.SSt ,, a 4` ~ ,~ }~1~}i~r•::i ~'c,~d " &~~~ ~4t~tc3rrgC ,_n ~ `' F ~ Y~~ i `~U~~;~C~. t r~;?~:ity: Nl~snt~l~ian., Tr tst i,cit 44-A . ~~ ~~~=~~ rn~ttn~ ~1• t rr~ P~'mpo~td ~, .~~ , __ .. __ __ _ ~ ~ _ ~ _., _e._____._ _._ _ ~ _ , ~_____ ~. __, . _ _ r _ __ ~:. ~.~ ~ ~: ~~ u ~'' ~~ ~ .~ ~ ~a ~1 ' .. -, r g~'..~;- r~`" a`• Via. ~,:, ~..~ k ¢x ~ i ~~, ,~~: ~.` :~~ ~ a 2 x ''Y'4~~ ~ }a 'ice _ ~ ~ .~.~ ~ X ~ h f 9tlJ~ Doles Tract {' # °~ •~ }~~ ~_ $9. ~'~ }'roposr:rl 17;+ad :er~d Omer. Ac,-.ess ine propo~en rr~arf; ors shr,wn; ~; r-r~y,~~r~N~i to t~isN~a tIr_ ~~bj~~ci Property i^ an east-y~est manner frorz; 1}ightiv.ayr ~~ h~ ti-~a pip?lir~e•_:, ki!e:s kurn south to align with the proposed rG3~ :~r1 thr~ f)rilrtn Tr 7~:t. Tir:~ Uol~n T'raCi h85 begin platted (as Gblen Estates, ~C}05) and a :,iti; pi~ri ;~pprc,v~;v by the City; the site plan ,hoyr5 a road r;j,rn~ng north from Holik f2oad r~(c.ng the NestErn boundary r,f th? C)olen Tract. Ih:: ~rgrcernent ~~,rith thp oy~tnFr ref thF Dnlen Traci for such use' :,ill be ~ part of the F'UD ~-on~iti~n=,. The Wiliiarnf. fir3,'t; (yina to thF n:;Ptli ,f the ~<..rta}~__l Prop2t'ty, hd~ a~~~?SS t0 f~t:'Nard P.oa:1 ar;,-f frc-~r?ta;3~= ~1..~ru~ tir~;ilr~^!ay =~. ~.s a Dart of the PUD arr:eCs prnpcsa!• across~a_ces d`~~~r?sr~-~rtk ~>vili 'tae made ~r;ith [he ~'Nrters of the W~II~,~,n; Tract for th~rr acc~~s= t~~ tiiy^hw~,r 3~ khrnuyh the ~ubjeCt Prc?portv 3ri:i :~a:,,+ be nc~•::~tiatcd Fr~r the Subje::t Pr.^,perty', s.-~•r<;:~, t- M11.'hi3rd ROc~d ihr~Jr~Qh the v;Jlil(~)Rl•~ 1r:.r:t NWY 3~ (I~t. Main) ~- ~: - ~ _.,~ - The proposed road will tzf ~~r~ciRnr~,i .3";i h~.iiit kv Uµ a p•.:tyti_ r~,~rj_ +;n'./ p!a^~ned a^Cesc C^^, f,,_.,p~~+Y ,.V<.~'t :,t tht~ k,~j;~:Iir,f~~ evil; t;=. !Jy Nrj..1:ik'.:' :iris: F "fa`i ~,rsn ~ ,:.. _ , ~;. - _ ;C '~, ~ ~ ~r_ i Imet~ar of Intant V:~ The parties to this letter are Jeff Dolen (Dolent. ov~mer of the 7.65 acre property described below. and Jung Kwak (K~,vakl. proposed buyer of the 20.58 acre property described below, 4~Ihereby: 1. Kwak is purchasing the property andwants to develop the property as GC General Commercial and tit-1 Light Industrial. and has applied to the City of Pearland for appropriate land use changes by means of a PUD (Planned Unit Development). 2. Part of the PUD is the requirement for a road into the property. The City prefers that such road not be a cul-de-sac, but have tvvo entry exit points. either a loop road back to Highway 35 or a road that loops to Halik Road. The best plan would be to loop to Halik Road. 3. Dolen owns the tract of land which lies between the Kwak land and Halik Road. Dolen has platted the property and has an approved site plan from the City. Dolen's site plan has provision for a road~~vay for access to all of the property. 4. Dolen agrees that he would allow the right of way for a city street through his property along the eastern boundary. so that the road would run from Halik Road north until it joined the road Kwak ~+iould build from Highway 35 west into the 26 acre property. 5. The agreement for the road through the Dolen property is conditioned upon the following: a. Dolen's detention requirement on the 7.65 acres would be moved to the Kwak property and into the K~~iak detention. (The proposed roadavay would use the land that Dolen has engineered for detention.) b. The City would agree to such detention and drainage changes as described above. c. Dolen would received from Kwak the amount of fill dirt needed to elevate the 7.65 acres out of the flood plain, said fill dirt coming from digging the detention on the K~,vak property. Dolen would pay for the digging and hauling of said dirt. d. K~r~ak would pay for L"z the cost of building the road on the Dolen property and Dolen would pay 'iz the cost. Dolen and Kwak agree that both parties will approach the PEDC (Pearland Economic Development Corporation) to ask for cost-sharing of the roadway through the Dolen tract to connect Halik. Provided the City does participate in cost-sharing. Dolen and K~,vak agree to pay the remainder of the costs not covered by the City on the ' ~ and ''z basis as described herein. Page 1 of 2 Pages _-~ -~ ~ / t- r .~ '~ J 1 Y ;~~ / Doten and K+wak both agree to also approach the PEDC about cost-sharing on the extension of utilities of V~later and Sewer along the proposed road. K~wak agrees to approach the PEDC about cost-sharing on all of the utilities involved in his development. It is understood and agreed that this letter is a Letter of Intent. and as such has no binding effect upon the parties If all of the terms. conditions. and proposals in the Letter can be vvor~ed out satisfactorily, the parties will construct a contractual agreement beh,veen the parties and enter into contractual agreements with the City of Pearland. either jointly or singularly. This Letter is dated the _ day of December 2008. Jung K+wak Jeff Dolen Attachments: Descriptions and map of the properties Exhibit "B" Location Map Ordinance No. 2000M-61 x~ '{~!';Li'k'~ LOCATION MAP T ZONE CHANGE NO. 2009-02Z NORTH 1600 BLOCK OF NORTH MAIN BETWEEN HALIK AND MCHARD AFFI®AVIT OF PUBLIC The Pearland Reporter News 2404 South Park Peariand, Texas 77581 - tote of Texas ~razoria and Harris Counties Exhibit "C" Publication Ordinance No. 2000M-61 Lloyd' Morrow, hereby certify that the notice hereb a en I THE REPORTER NEWS, a newspaper of gener ~ cipcpuladed. was published nd Galveston Counties, for / on In Brazoria, Harris issues, as follows: No. / sate /.2- 3 ~ .. 20 O~ ~~ .N,°• Date 20 ___-_ No. Date 20 No. Date " - 20 No. Date 20 _____ . o CFO ., ubscribe and sworn to before me this ~~ day of ~ ~- 0 4.~_ ~~''aY~`°~, LAURA ANNEMMONS Notary Public, State of Texas Laura Ann Emmons, Rubtisher ~~ M'rfo.~~'~ My Commission Expires 09-09-2010 .. Notary Public, State. of Texas 2.~. c A-Pr~ +~ aoo~-oat Published December 31, 2008 and January 7, 2009 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL THE PLANN ZONING COMI OF THE CITY ;LAND, TEXAS CHANGE N0. mice is hereby g ~t on January 19, 2 6:30 p.m., the ~uncil and Planning Wing Commission o y of Pearland, azoria, Harris and nd Counties, Te: conduct a joint p~ wring in the Commi nter of City Hall, to at 3523 Liberty Di Arland, Texas, on uest of Jung KH dicant for Montalb nber Co. Inc., owi approval of a chat zoning district fr on the follov ed property, to 26.34 acres of land, being parts of and the North half of Lot 44 and all of Lot 49 of Zychlinski's Subdivision in the HTBB RR Co. Survey, Section 3, Abstract 232, and R.B Lyle Survey, Abstract 542, in the Brazoria County, Texas (Generally located on the West Side of SH 35 (North Main Street), and on the South Side of McHard Road. At said hearing, all inter- ested parties shall have the right and opportunity to appear and be heard on the subject. Lata Krishnarao Planning Director AFFIDAVIT OF PUBLICATION State of Texas Brazoria and Harris Counties The Pearland Reporter News 2404 South Park Pearland, Texas 77581 I, Lloyd Morrow, hereby certify that the notice hereby appended was u ' In THE REPORTER NEWS, a newspaper of general circu ation in Bra bushed ~.nd Galveston Counties, for / zona, Harris issues, as follows: No. ~No. No. No. No. ®ate Tan 7 20-~L_ Date Date Date Date subscribe and sworn to before me this ?0~_ LAURA ANN ' Notary Public, '~o~~`' My Commission Exi 20 20 20 20 CFO day of n Emmons, Publisher Notary Public, State of Texas 2Ane C.~~~e ~pP ~ aClt~ -D a Z 2008 and January 7, 20 NOTICE OF A JO11 PUBLIC HEARING THE CITY COUNC AND THE PLANNIN AND ZONING COMMI SIGN OF THE CITY C PEARLAND,TEXAS ZONE CHANGE NC 2009.022 Notice is hereby gives that on January 19, 2009 at 6:30 p.m., the Cib Council and Planning grit Zoning Commission of the City of Pearland, it Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Community Center of City Hall, locat- ed at 3523 Liberty Drive, Pearland, Texas, on the request of Jung Kwak, applicant for Montalbano Lumber Co. Inc., owner, for approval of a change in zoning district from classification Light Industrial (M-1) to Planned Development (PD), on the following described property, to wit: 26.34 acres of land, being parts of and the North half of Lot 44 and all of Lot 49 of Zychlinski's Subdivision in the HTBB RR Co. Survey, Section 3, Abstract 232, and R.B Lyle Survey, Abstract 542, in the Brazoria County, Texas (Generally located on the West Side of SH 35 (North Main Street), and on the South Side of McHard Road. At said hearing, all ested parties shall the right and oppo to appear and be on the subject. Lata Krishnarao Planning Director Exhibit "D" P&Z Recommendation Letter Ordinance No. 2000M-61 Planning & Zoning Commission Recommendation Letter January 20, 2009 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommandation on Zone Change 2009-02Z Honorable Mayor and City Council Members: At their meeting of January 19, 2009, the Planning and Zoning Commission considered the following: Request of Jung Kwak, applicant for Montalbano Lumber Co. Inc., owner, for approval of a change in zoning district from classification Light Industrial (M-1) to Planned Development (PD), on the following described property: LEGAL DESCRIPTION: 26.34 acres of land, being parts of and the North half of Lot 44 and all of Lot 49 of Zychlinski's Subdivision in the HT&B RR Co. Survey, Section 3, Abstract 232, and R.B Lyle Survey, Abstract 542, in the Brazoria County, Texas. GENERAL LOCATION: Located on the West Side of SH 35 (North Main Street), and on the South Side of McHard Road Commission Member Darrell Diggs made a motion to approve the zone change to a PD. The motion was seconded by Commission Member Jerry Koza. The vote was 0-6, and the motion failed to pass. The zone change was denied. Sincerely, Lata Krishnarao, AICP, Planning Director On behalf of the Planning and Zoning Commission Page 1