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Ord. 2000M-0099 2013-02-25ORDINANCE NO. 2000M-99 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, LOCATION 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), ZONE CHANGE 2013-03Z, A REQUEST OF TRANQUILITY PLAZA, LLC, APPLICANT AND OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE NEIGHBORHOOD SERVICE (NS) ZONE TO THE GENERAL BUSINESS (GB) ZONE, 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, Tranquility Lakes, LLC., applicant and 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 from Neighborhood Service (NS) to General Business (GB); 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 vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 21st day of January, 2013, 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. 2000M-99 WHEREAS, on the 21st day of January, 2013, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed zone change application of Tranquility Lakes, LLC., applicant and owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Neighborhood Service (NS) to General Business (GB), 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, City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meeting(s) on the 11th day of February, 2013 and; 25th day of February 2013; 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 Tranquility Lakes, LLC., applicant and 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 Neighborhood Service (NS) to General Business (GB), in accordance with all conditions and requirements of the current Unified Development Code and incorporated for all purposes, such property being more particularly described as: Page 2 of 4 Ord No 2000M-99 ORDINANCE NO. 2000M-99 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 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 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. Page 3 of 4 Ord No 2000M-99 ORDINANCE NO. 2000M-99 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 11th day of February, 2013. TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day of February, 2013. ATTEST: S CRETARY APPROVED AS TO FORM: (7- DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Page 4 of 4 Ord No 2000M-99 Ordinance No. 2000M-99 Exhibit "A" ZO APPLICATION FOR A CHANGE IN ZONING Current Zoning District: N 5 Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www. c ityofpea rl a n d. com Proposed Zoning District: G Property Information: Address or General Location of Property: 7 `i o a /----)9.04i RRO/A- Tax Account No. C' 4a0°jGoo .2t? 1(u 40 so Subdivision: A (11...4 Nr. Lot: -I-Aoacr A Block: t A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME 7RAtJdtxLc y ?GAZA,(..LC NAME ADDRESS ? 9 18 3 i2c.4i:, w qy ADDRESS CITY Pec,,.tca STATE T -X ZIP —7-7 c CITY STATE ZIP PHONE( e4S 1 ) 957 - t'SCJO PHONE( ) FAX( )4I ) 91? - 1&&c, FAX( ) E-MAIL ADDRESS Chc1/4. 0 J'u c‘--Vdeve ITA4.94, c .•-, E-MAIL ADDRESS *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 Develop Cod . of Pearland. Owner's Signature. CPC Date: 1P- - 41 - 1 a Agent's/Applicant's Signature: Date: OFFICE USE ONLY: FEES 1v PAID: DATE PAID: RECEIVED BY: RECEIPT f NUMBER: 7>' 0 Application No. SO(' ' 0 a10M i0 3$1iJO aim OksibbonthlOirM - Ad03 :� .... p N9# YWISNO7 aaCPG -h , .+� rlrp rar -s s S3r24 +/Ntw 3A07ree 'GVVWr33 33a3 ID Ary a57Vt1W w 030 0003 SV Is//73314393 'NOV t 171 3111 :ID 1731( 3173 601 JO 1110015 2%4100001 wwiat 86'0(1 aX1N 00I4010l1 0t •i"'S ••r'AO .3043 0361 "0,9 61 tv4JnS k.31 AXIS a K7 J 00' • d +fig ° 6 +s' 431 ♦` x 1,+ % 51° p)6 011102 A ,1Z.V.1d 0 00 v3 4 nw H W 00 00 +1600 I sol ,/,.04.1.1 VM 1,40 9 (wow .001) (715 n1) AVA103018 0' 1.0 0000014)40 006 1211 4.4 ' ,..i»»> .t 4.. em .woen•»as pm •p ..i5 .....,q • 0..w .w w w..o.e 1.4 a.,e w.«.,.a. Aur W. 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Long Overview Map 7933 i {7937 2840 7929 r I 2548 � m4 Nk co 7918 7924 7924 7922 7918 2800 2800 2800 BROADWAY ST 2800 Page 1 of 1 Tool: Draw Polyline X: 3130560.58, Y: 13768635.00, Longitude: -95.3440, Latitude: http://gisweb2.ci.pearland.tx.us/rnox6/internal.cfreaction=mox6_view_interface&CFID=396070&CFTOKEN=$ 5 739521 12/4/2012 Letter of Intent 12-4-12 RE: Letter of Intent to the City of Pearland: This Letter of Intent is to serve as an indication of our interest in rezoning the below -referenced property. It is understood that this letter constitutes an agreement of intent only The general terms are as follows: PROPERTY: Tranquility Plaza, A retail center on a .9495 acre tract of land located at 7902/7904 Broadway. Pearland, TX 77581 PURPOSE: Rezone the above referenced property from a NS (Neighborhood Service District) to a GB (General Business Retail District). SCOPE: Rezone existing property to better suit future tenants. Chad Thumann Tranquility Plaza, LLC CITY OF FEARLAND REPRINT s"+ CUSTOMER PECE1?1 .+. Goer: MUTTER Type: CC Draver: 1 Pate: 12/28!12 8i Receipt no: 83655 Description Quantity Asannt PA BOARD CF ADJUSTMENTS 1.86 $758.88 Trans nusiier: 3934743 TRANQUILITY PLAZA LLC 7918 BROADWAY 1196 HARLAND 7982/71 BROADiIAY___ TRANQUILITY PLAZA ZONE CHANGE Tender detail CK CHECK 12 5750.10 Total tendered 6750.80 Total ^ayiert V754.: Trans date: 12;2$,12 Tise: 8:32:15 ZONE CHANGE APPLICATION Page 4 of 4 Updated October 2012) POSTING OF ZONING NOTIFICATION SIGNS ON PROPERTY UNDER CONSIDERATION FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT) Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP), or a variance shall be required to erect and maintain a sign(s), to be inspected by the City, upon the property for which a variance or zoning change has been requested. Such sign(s) shall be located as follows: (1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting street, or as determined by the City. (2) So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner. (3) So as not to create a hazard to traffic on the public rights-of-way abutting the property. (4) On the subject property at least ten (10) days prior to the hearing of such zoning change request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant. Removal of the sign by the applicant prior to a recommendation by the Planning and Zoning Commission and/or a final decision by the City Council shall constitute a withdrawal of the request. (5) The signs shall be as follows: • A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4 feet • At least 2 feet above the ground • Blue or black lettering that is a minimum of 3 inches by 1/2 inch, on a white background • Message content as follows: PROPOSED (SPECIFY REQUEST) Contact City of Pearland 281-652-1768 *Signs must be professionally made; handwritten signs are not allowed. *Signs must be freestanding and cannot be attached to a tree, fence, or building. Brazoria County Tax Office Tuesday, December 4, 2012 Page 1 of 1 Property Tax Status Begin a New Search Go to Your Portfolio Tax Office FAA's Request a Tax Statement Make your check or money order payable to: Ro'Vin Garrett, RTA 111 E Locust Angleton, Texas 77515 Zr VISA A Convenience Fee of up to 2-65% will be charged for all credit card payments by the vendor providing this service. For eChecks, a convenience fee of $1.50 will be charged for each transaction. The fee covers the cost of making payments by credit care! possible. The fee will appear as a charge to 'Certified Payments'. No part of this fee is retained by Brazoria County. Unless otherwise noted, all data refers to tax information for 2012. All amounts due include penalty, interest, and attorney fees when applicable. Due to the large volume of work during heavy payment periods amounts due may not reflect payments that have been received but not yet processed. Account Number: 02420001000 Address: GURU OM SAI LLC 1214 IVORY MEADOW LN SUGAR LAND, TX 77479-5457 Property Site Address: 7902 BROADWAY ST Legal Description: A0242 H T& B R R BLOCK 1 TRACT A, 7902 FM 518 ACRES .9495 Current Tax Levy: $18,688.15 Current Amount Due: $18,688.15 Prior Year Amount Due: $0.00 Total Amount Due: $18,688.15 Last Payment Amount for Current Year Taxes: Not Received Active Lawsuits: None Pending Credit Card or E—Check Payments: No Payment Pending Jurisdictions: BRAZORIA COUNTY BRAZORIA DRAINAGE DIST 4 CITY OF PEARLAND PEARLAND ISD SPECIAL ROAD & BRIDGE Market Value: $675,550 Land Value: $227,480 Improvement Value: $448,070 Capped Value: $0 Agricultural Value: $0 Exemptions: None Last Certified Date: 08/06/2012 Taxes Due Detail by Year and Jurisdiction Payment Information Click Here to see your estimated amount due for a different date. You can see this information by year and by both year and jurisdiction. Tax Office: Search & Pay Taxes Appraisal 0istric- Your Tax Portfolio Brazoria County: Tax Rates & Entities Related Links Home County Directory Holiday Schedule Related Links job Postings Tax Office FAQ Tax Office Home Page Commissioner's Court Courthouse History E- naa: roving@brazoria-county.com 111 E, Locust Sone Angleton, TX 77515 (979) 884-1320 02002-2010 Appraiser & Collection Technologies. All rights reserved. 01998-2006 erazone County https://actweb.acttax.com/act_webdev/brazoria/showdetail2. j sp?can=02420001000&owner... 12/4/2012 Brazoria CAD - Property Details Page 1 of 2 Brazoria CAD Property Search Results > 166350 GURU OM SAI LLC for Year 2012 Property Account Property ID: Geographic ID: Type: Property Use Code: Property Use Description: Location Address: Neighborhood: Neighborhood CD: Owner Name: Mailing Address: Values 166350 0242-0001-000 Real 7902 BROADWAY ST PEARLAND, TX COMM ACCTS COMM Legal Description: A0242 H T & B R R BLOCK 1 TRACT A, 7902 FM 518 ACRES .9495 Agent Code: Mapsco: Map ID: GURU OM SAI LLC Owner ID: 366435 1214 IVORY MEADOW LN % Ownership: 100.0000000000% SUGAR LAND, TX 77479-5457 (+) Improvement Homesite Value: + (+) Improvement Non-Homesite Value: + (+) Land Homesite Value: + (+) Land Non-Homesite Value: + (+) Agricultural Market Valuation: + (+) Timber Market Valuation: + (=) Market Value: Exemptions: $0 5448,070 $0 5227,480 Ag / Timber Use Value 50 50 50 50 _ 5675,550 (—) Ag or Timber Use Value Reduction: — 50 (_) Appraised Value: _ $675,550 (—) HS Cap: — 50 (=) Assessed Value: Taxing Jurisdiction Owner. GURU OM SAI LLC °k Ownership: 100.0000000000% Total Value: 5675,550 5675,550 Entity Description CAD BRAZORIA COUNTY APPRAISAL DISTRICT CPL CITY OF PEARLAND DR4 BRAZORIA COUNTY DRAINAGE DISTRICT #4 (PEARLAND GBC BRAZORIA COUNTY RDB ROAD & BRIDGE FUND SPL PEARLAND INDEPENDENT SCHOOL DISTRICT Total Tax Rate: mprovement 1 Building All improvmets valued at Income Improvement #1: Commercial State Code: F1 Type Description 460 SHELL, NEIGH SHOP CTR Tax Rate Appraised Value 0.000000 5675,550 0.705100 0.156000 0.425860 0.060000 1.419400 2.766360 $675,550 5675, 550 $675,550 $675,550 5675, 550 Taxable Value Estimated Tax $675,550 50.00 5675, 550 5675,550 5675,550 5675,550 5675,550 Taxes w/Current Exemptions: Taxes w/o Exemptions: Living Area: 8500.0 sgft Value: NJA Class CD Exterior Wall C Year Built SQFT 2009 8500.0 54,763.31 $1,053.86 52,876.90 $405.33 59,588.76 518,688.16 518,688.14 https://propaccess.trueautomation.cam/ClientDB/Property.aspx?prop_id=166350 12/4/2012 ZONE CHANGE APPLICATION Page 2 of 4 Updated October 2012) APPLICATION CHECKLIST FOR THE FOLLOWING • Zone Changes • Planned Development Districts (PD) 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 shall include a written statement from the property owner authorizing the agent to fife 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 provides or contains the metes and bounds description). Parcel map, printed from the City of Pearland website, indicating the location and boundaries of the subject property. Lig Letter of Intent, explaining the zone change request in detail and why the zoning is being requested to be changed, and state the uses being proposed "Letter of Intent is not required for a PD. Application fee, as determined below, by cash. check made payable to the City of Pearland. or credit card (Visa and MasterCard only) • Zero (0) to less than 25 acres: • $ 750.00 plus $25.00 per each type of zoning district requested; or $ 800.00 if requesting a Planned Development (PD) • 25 to less than 50 acres: $ 800.00, plus $25.00 per each type of zoning district requested; or • $ 850.00 if requesting a Planned Development (PD) • 50 to less than 75 acres: o $ 850.00, plus $25.00 per each type of zoning district requested; or o $ 900.00 if requesting a Planned Development (PD) • 75 to less than 100 acres: $ 900.00, plus $25.00 per each type of zoning district requested; or o $ 950.00 if requesting a Planned Development (PD) • 100 acres and above: c $ 950.00, plus $25.00 per each type of zoning district requested; or $ 1000.00 if requesting a Planned Development (PD) 1 For PD's Only: the proposed PD document in electronic form by date of application (either emailed or on a CD) (see PD Format for guidelines on how to prepare the PD). ZONE CHANGE APPLICATION Page 3 of 4 Updated October 2012) © 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. Additional Information: • Upon making an application for a zoning change or conditional use permit, the applicant shall place sign(s) as required. The City shall inspect such sign(s) to ensure compliance as required by the UDC. • After the zoning change or conditional use permit request is approved by the City Council, denied by the City Council, or withdrawn by the applicant, the applicant shall remove the sign from the area of the request within ten (10) days of such event. • It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a zoning change or conditional use permit has been requested. • In the event the applicant shall fail to erect and/or maintain signs in accordance with this section, then the public hearing before the Planning and Zoning Commission/City Council shall be postponed to a date in the future, which would allow time for compliance. • The erection of any sign required by this section shall not require a permit under Section 4.1.2.6 of this UDC. • The owner or applicant shall promptly notify the Planning Department of any sign required by this section, which becomes lost, stolen or vandalized. The Planning and Zoning Commission shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of lost, stolen or vandalized signs. BROADWAY ST rland Senior Village PUD Avalon Terrace Sec 1 NS Tranquility Lakes Sec 1 Tranquility Lakes @2@s, Ordinance No. 2000M-99 Exhibit "B" Published Jan. 2, 2013 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COM- MISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO. 2013-03Z Notice is hereby given that on January 02, 2013 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 Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Tranquility Plaza, applicant and owner, for approval of a zone change from the Neighborhood Service (NS) zone to the General Business (GB) on property located at 7902/7904 Broadway, more specifically 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. Harold Ellis City Planner Ordinance No. 2000M-99 Exhibit "0" AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 Park Avenue Pearland, Texas 77581 State of Texas Brazoria 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 Brazona, Harris and alveston Counties, for issues, as follows: 'No. , Date /2 20 /3 No. Date _ 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 2011_ .14/avral-) LAURA ANN EMMONS NOTARY PUBLIC STATE OF TEXAS My Commission Expires 0949-2014 day of CFO Laura Ann Emmons, Publisher Notary Public, State of Texas Ordinance No. 2000M-99 Exhibit "D" Planning & Zoning Commission Recommendation Letter January 24, 2013 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change 2013-03Z Honorable Mayor and City Council Members: At their meeting on January 21, 2013, the Planning and Zoning Commission considered the following: A request of Tranquility Plaza, applicant and owner, for approval of a zone change from the Neighborhood Service (NS) zone to the General Business (GB) zone for 0.9495 acres 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 Following staff presentation, brief discussion ensued regarding past Conditional Use Permit (CUP) cases for the site. Following this discussion, Commissioner Daniel Tunstall made a motion to approve the zone change. The motion was seconded by Commissioner Matthew Hanks. The vote was 7-0 and the motion passed. Sincerely, Harold Ellis, City Planner On behalf of the Planning and Zoning Commission