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Ord. 2000M-0135 2015-09-21Ordinance No. 2000M-135 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, being a 5.4 acre tract of land in the H.T. & B.R.R. Co. Survey, Section 80 (A.K.A) the J.S. Talmage Survey, abstract 564, and being out of and a part of Lot A, of the Minor Plat of Ridge Rock Commercial Site No. 1, a Subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Document No. 2009028465 of the Official Public Records of Brazoria County, Texas, (generally located on the south side of Broadway Street, west of Pearland Town Center, Pearland, TX), Zone Change 2015-06Z, a request of Alan Mueller, applicant; on behalf of Melinda Rosinksi (RPMC, LLC) owner; for approval of a change in zoning from the Planned Unit Development (PUD) zoning district to the General Business (GB) zoning district; on approximately 5.4 acres of land, providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Alan Mueller, applicant; on behalf of Melinda Rosinksi (RPMC, LLC), owner; is requesting approval of a change in zoning from the Planned Unit Development (PUD) zoning district to the General Business (GB) zoning district; on approximately 5.4 acres of land; said property being legally described in the legal description 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 17th day of August, 2015, 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 17th day of August, 2015, the Planning and Zoning Commission submitted its report and recommendation to the City Council regarding the proposed zone change application of Alan Mueller, applicant; on behalf of Melinda Rosinksi (RPMC, LLC), owner; for approval of a change in zoning from the Planned Unit Development (PUD) zoning district to the General Business (GB) zoning district; on approximately 5.4 acres of land 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 meetings on the 14th day of September 2015 and the 28th day of September 2015; 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 Alan Mueller, applicant; on behalf of Melinda Rosinksi (RPMC, LLC), owner; for approval of a change in zoning from the Planned Unit Development (PUD) zoning district to the General Business (GB) zoning district; on approximately 5.4 acres of land, 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 Planned Unit Development (PUD), is hereby granted a change in zoning 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: LEGAL DESCRIPTION: Being 5.4 acre of land in the H.T. & B.R.R. Co. Survey, Section 80 (A.K.A) the J.S. Talmage Survey, abstract 564, and being out of and a part of Lot A, of the Minor Plat of Ridge Rock Commercial Site No. 1, a Subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Document No. 2009028465 of the Official Public Records of Brazoria County, Texas. GENERAL LOCATION: The property is located on the south side of Broadway west of Pearland Town Center, Pearland, TX 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-M 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 14th day of September. A.D.. 2015. ATTEST: ‘0‘111111,,,, `4.0.i_ . TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 21st day of September, A.D., 2015. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit A Legal Description Being 5.4 acre of land in the H.T. & B.R.R. Co. Survey, Section 80 (A.K.A) the J.S. Talmage Survey, abstract 564, and being out of and a part of Lot A, of the Minor Plat of Ridge Rock Commercial Site No. 1, a Subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Document No. 2009028465 of the Official Public Records of Brazoria County, Texas. Page 6 of 10 Ord. No 2000M-135 Exhibit B Vicinity Map Exhibit 1 AERIAL MAP Zone Change 2015-O6Z South of Broadway East of Alvin ISD Entry 71.55 pro*. v a —: P.:p,e r -earn have r=r.i+.ea r : be vst,ne Ir lava..e..esi R ritrmtog pupae. t Ike r erasest m wteemid oas e. ar xerofti[aMt, 3e a11.®ee:vu.e lt<aea d ropct.lomm. I mncti = 385 feet ]:1Y :n5 Page 7 of 10 Ord. No 2000M-135 Exhibit C Legal Ad NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NUMBER: 2015-06Z Notice is hereby given that on August 17, 2015 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, at the request of Alan Mueller, applicant; on behalf of RPMC. LLC, owner; for approval of a change in zoning from the Planned Development known as Ridge Rock, to the General Business (GB) zoning district: on approximately 5.4 acres of land. to wit: Being 5.4 acre of land in the H.T. & B.R.R. Co. Survey, Section 80 (A.K.A) the J.S. Talmage Survey, abstract 564, and being out of and a part of Lot A, of the Minor Plat of Ridge Rock Commercial Site No. 1, a Subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Document No. 2009028465 of the Official Public Records of Brazoria County, Texas. General Location: South Side of Broadway Street, east of the Shadow Creek High School entryway, Pearland, TX At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information. please contact the Planning Department at 281-652-1765. Ian Clowes Senior Planner Page 8 of 10 Ord. No 2000M-135 Ordinance No. 2000M-135 Exhibit "C" STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned, a Notary Public within and for said County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly sworn, states under oath that the report of Legal Notice, App. #2015-06z, a true copy of which is hereto annexed was published in said newspapers in its issue(s) of July 30, 2015. ublisher s Representative Sworn to and subscribed before me this day of U' , 2015. 52iKuelL EdDzoca. -re-/0 Notary Public My commission expires on l - 17 -J lD 'e• I; SARAH REBECCA FERGUSON MY COMMISSION EXPIRES January 17,2016 2_041f. C k nrii3 2c6 •of -z NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NUMBER: 2015-06Z Notice is hereby given that on August 17, 2015 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, at the request of Alan Mueller, applicant; on behalf of RPMC, LLC, owner; for approval of a change in zoning from the Planned Development known as Ridge Rock, to the General Business (GB) zoning district; on approximately 5.4 acres of land, to wit: Being 5.4 acre of land in the H.T. & B.R.R. Co. Survey, Section 80 (A.K.A) the J.S. Talmage Survey, abstract 564, and being out of and a part of Lot A, of the Minor Plat of Ridge Rock Commercial Site No. 1, a Subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Document No. 2009028465 of the Official Public Records of Brazoria County, Texas. General Location: South Side of Broadway Street, east of the Shadow Creek High School entryway, Pearland, TX At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information, please contact the Planning Department at 281-652-1765. lan Clowes Senior Planner Exhibit D Planning and Zoning Commission Recommendation Letter Planning & Zoning Commission Recommendation Letter August 18, 2015 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 2015-06Z Honorable Mayor and City Council Members: At their regular meeting on August 17, 2015, the Planning and Zoning Commission considered the following: A request of Alan Mueller, applicant; on behalf of Melinda Rosinksi (RPMC, LLC) owners; for approval of a change in zoning from the Planned Unit Development (PUD) zoning district to the General Business (GB) zoning district; on approximately 5.4 acres of land: LEGAL DESCRIPTION: Being 5.4 acre of land in the H.T. & B.R.R. Co. Survey, Section 80 (A.K.A) the J.S. Talmage Survey, abstract 564, and being out of and a part of Lot A, of the Minor Plat of Ridge Rock Commercial Site No. 1, a Subdivision in Brazoria County, Texas, according to the map or plat thereof Page 9 of 10 Ord. No 2000M-135 recorded in Document No. 2009028465 of the Official Public Records of Brazoria County, Texas. GENERAL LOCATION: The property is located on the south side of Broadway west of Pearland Town Center, Pearland, TX P&Z Commissioner Daniel Tunstall made a motion to recommend approval of the Zone Change request. The motion was seconded by P&Z Commissioner Mary Starr. The vote was 7-0 and the motion was approved. Commissioners Isenberg, Starr, Pradia, McFadden, Fuertes, Duncan, and Tunstall all voted to approve the requested zone change. Sincerely, Ian Clowes Senior Planner On behalf of the Planning and Zoning Commission Page 10 of 10 Ord. No 2000M-135 JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, AUGUST 17, 2015, AT 6:30 P.M. COUNCIL CHAMBERS - CITY HALL -3519 LIBERTY DRIVE I. CALL TO ORDER II. PURPOSE OF HEARING Zone Change Application No. 2015-06Z A request of Alan Mueller. applicant; on behalf of Melinda Rosinksi (RPMC, LLC) owners: for approval of a change in zoning from the Planned Unit Development (PUD) zoning district to the General Business (GB) zoning district; on approximately 5.4 acres of land. to wit: Legal Description: Being 5.4 acre of land in the H.T. & B.R.R. Co. Survey, Section 80 (A.K.A) the J.S. Talmage Survey, abstract 564, and being out of and a part of Lot A, of the Minor Plat of Ridge Rock Commercial Site No. 1, a Subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Document No. 2009028465 of the Official Public Records of Brazoria County, Texas. General Location: The property is located on the south side of Broadway and East of Shadow Creek High School Entry Road. III. APPLICATION INFORMATION AND CASE SUMMARY A. STAFF REPORT B. APPLICANT PRESENTATION C. STAFF WRAP UP IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION VI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing, City Secretary, at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 1 of 1 — 08/17/2015 RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE Summary of Request Staff Report To: City Council and Planning and Zoning Commission From: Planning Department Date: August 17, 2015 Re: Zone Change Application Number 2015-06Z A request of Alan Mueller, applicant; on behalf of Melinda Rosinksi (RPMC, LLC) owners; for approval of a change in zoning from the Planned Development (PD) zoning district to the General Business (GB) zoning district; on approximately 5.4 acres of land in Pearland. TX. The applicant is requesting approval of a change in zoning from the Planned Development (PD) zoning district to the General Business (GB) zoning district on approximately 5.400 acres located along Broadway Street. The property is currently zoned PD (Ridgerock). The existing Ridgerock PD has expired due to inactivity. The original PD was projected to become primarily single-family residential with General Business (GB) tracts up front along Broadway. The majority of the area set aside for single family residential has since been purchased by Alvin ISD for the development of a high school. The applicant is requesting the zone change in order to allow the development of two general business buildings of approximately 21.894 square feet and 21, 894 square feet on the property which was originally designated as GB in the original PD. Recommendation Staff recommends approval of the request to change the zoning of the approximately 5.400 acre site from PD to GB for the following reasons: 1. Due to proposed changes to the Land Use Matrix of the UDC that would limit the continued growth of automobile related uses and pawn shops in GB zone, the requested change in zoning from PD to GB will not have a significant negative impact on the surrounding property. 2. The requested change in zoning from PD to GB will allow the property owner to develop the property similarly to what was approved in the original PD. 3. All requirements of the UDC will be met for any future redevelopment on the site. 11 Page RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE Site History The subject property is currently undeveloped. The Ridgerock Planned Development Ordinance #2000M-2 was approved on April 24, 2006, though no development was ever initiated. Because no plats, site plans or permits were ever submitted to the City for review, no development can currently occur on this property under the Ridgerock PD designation. The site is surrounded by other PD developments and uses, including low density residential. public and semi-public uses, as well as some general business uses and vacant properties. The below table identifies surrounding uses and zoning districts: Conformance with the Comprehensive Plan The proposed change in zoning from PD to GB is not in compliance with the future land use designation of the Comprehensive Plan, which is Low Density Residential, but will be in conformance with the originally approved Ridgerock PD. There will be adequate buffering and protection of the existing neighborhoods character and welfare. as highlighted in the Comprehensive Plan. According to the Comprehensive Plan. properties located within the aforementioned future land use designation should be low density and serve the surrounding areas by providing more homes or goods/services to the adjacent residences. Conformance with the Thoroughfare Plan The subject property has frontage along Broadway Street; a major thoroughfare. which requires a minimum of 120 feet of right-of-way. The current road is platted with 120 feet of right-of-way. Conformance with the Unified Development Code The approval of the requested zone change to GB will be in conformance with the GB land use designations. This will ensure that all proposed uses will be compatible with 21 Page Zoning Land Use North Shadow Creek Ranch Planned Development (PD) Moody National Bank / Partially Undeveloped South Ridgerock Planned Development (PD) Alvin ISD — Shadow Creek High School East Pearland Town Center Planned Development (PD) Wendy's / Aldi West Southern Trails Planned Development (PD) Low Density Residential — Southern Trails Conformance with the Comprehensive Plan The proposed change in zoning from PD to GB is not in compliance with the future land use designation of the Comprehensive Plan, which is Low Density Residential, but will be in conformance with the originally approved Ridgerock PD. There will be adequate buffering and protection of the existing neighborhoods character and welfare. as highlighted in the Comprehensive Plan. According to the Comprehensive Plan. properties located within the aforementioned future land use designation should be low density and serve the surrounding areas by providing more homes or goods/services to the adjacent residences. Conformance with the Thoroughfare Plan The subject property has frontage along Broadway Street; a major thoroughfare. which requires a minimum of 120 feet of right-of-way. The current road is platted with 120 feet of right-of-way. Conformance with the Unified Development Code The approval of the requested zone change to GB will be in conformance with the GB land use designations. This will ensure that all proposed uses will be compatible with 21 Page RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE the adjacent residential, school, and existing commercial uses. The subject property meets the requirements of the proposed GB zoning district as it relates to lot area, widthand depth. General Business (GB) Area Regulations Size of Lots Minimum Lot Size Minimum Lot Width Minimum Lot Depth Required Existing Lot Dimensions 22,500 sf. 5.400 acres 150 ft. 313.2 ft. 125 ft. 652.9 ft. Platting Status The subject property was platted in June of 2009. Availability of Utilities The property has access to utilities. GIS data indicates that there is an existing 18 -inch sewer line and 16 -inch waterline located along Broadway Street in front of the subject parcel. Impact on Existing and Future Development Due to proposed changes to the Land Use matrix of the UDC that would limit the continued growth of automobile related uses and pawn shops in GB zone. the requested change in zoning from PD to GB will not have a significant negative impact on the surrounding property. The regulations of the Corridor Overlay District and GB zoning district will guide the potential uses, traffic. development types, and screening/buffering in such a way that the effects of the future development will be minimal. The proposed zone change will allow the property to develop in compliance with the UDC as well as the future land use designation of the property that will serve the adjacent communities. All surrounding properties are zoned for low density residential uses and similar GB uses. The adjacent properties are being developed as public and semi-public uses with some GB uses that provide key goods and services to the public—including Aldi and Wendy's. Additional Comments The request has been reviewed by the City's Development Review Committee (DRC). and there were no additional comments from other departments at the time of this report. 31 RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE Public Notification Staff sent public notices, comment forms and a vicinity map to the applicant, the owner of the property and to property owners within 200 feet of the subject property under consideration for the zone change. Additionally. a legal notice of the 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 returned notices in opposition to or in support of the proposed change in zoning request. Exhibits 1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Notification Map 5. Notification List 6. Applicant Packet 1ni 2 11504 - t ., 1150411502D 1 312 11304 802 tl r 2804 .285044'4,836 28504483 1 KIRBY COMMONS 8 2902 ' g29 o4 11409. 11405 114 i X11 �,-j.2908 1141p2 290' 43 ''� 290A 2I0 "<, 2905 v _ •,612\9!) 731 11407 01111305 2940 11405 r� .IstwJt.. 2231 1 4 2310:11310] 7 i Iad Exhibit 1 AERIAL MAP Zone Change 2015-06Z South of Broadway East of Alvin ISD Entry This product is for informational pommies and may not have been prepared for or be suitable for legal. engineenngor surveying purposes It does not represent an on -the -ground survey and represents only the approximate relative location o0 pn.perly boundaries 1 inch = 386 feet .IC I.\ 201 PLANNING DEPARTMENT 1 208 `.... 1 61 02 1506,_,. J 7.'''011.11-1-01..-,•: _1111 `71312 111300 1�-----' 11502 111410 „,,,,1140-211314 1 L ,1',q „8,9 i8 \/ j, 504 y 1141 ,;408 11310,113LLUB�' .�Lt \ — y ce___ —�---- i {\ k J 1 � ..2802.1140L11403.1,311.113071 1 2 - -r ' 11'402 11308 !t 2806 11410 11408 I 2850 I /y.----i�(iRBif CO1N � , -1"..22996;611:04910-1 Zso2 1 I I ' _\ 290 11409 1142_9_0652111214_0471305_, �� _ 2906.. �' 11410 1 __ / 1 F- 2964 290_3__1__ �� i 2905 12908 � X2906 *FT - . 907 T- � -2909 i910 I I 11909 119 2901/ - ' 3'2903 2880 p-912:11.29,02 2106 903 2904 _ 2920 P U D 2909 — 12905 2905 .2911 \2907. 11' 29092910 2913' .r-----.—_. i. 2911 29120291/ 2913 0 2919 29921 2940 11905 11805 2 {I 23 11745 2925 -_1----_ -_ 11802 11906 11810 11806 11900 11613 11609 BROADWAY ST 632 11630 11620 11600 11525 11505 11510 3100 11451 11401 11405 _.-.- 1141a 11450 3005 1,414 /23, 2310 11310 Exhibit 2 ZONING MAP Zone Change 2015-06Z South of Broadway East of Alvin ISD Entry This product is for informal tonal pur,wses and may not have been prepared fur or be suitable for legal. engineering. or surveying purpose.. 11 tows nal represent an on -the -ground survey and represents only the approximate relative location of pngo rb Iswmdaries 1 inch = 386 feet JULY 2019 PLANNING DEPARTMENT 2808 11802.11508_11502 1 • r, 1 11606 11r3 �/ Medium Density Residential 1igin 1,905 .2001- 2901 '200 2905_290e Q 21 2910 G) 2g 2912 062850 KIRBY COMMONS Z) 2904 111410 11408 "402 11312 1130} 11412 11314 11310 11306 8:2-I1A07..11403.11311-113071 O 280 '1011. j 11402 11306 2608 11410 305 G) 03 73 High Density Residential TT -1�-\— nen I I 802x, +19x8 ,11810 i,806 --: :i,;;1,.ROADWAY ST 11900 Retail, Offices and Services 11909 Low Density Residential 3100 Public / Semi -Public Exhibit 3 FLUP MAP Zone Change 2015-06Z South of Broadway East of Alvin ISD Entry Thi, pnelurt i. 6w entormatamol nd may not have been prepared for orb• .unable (or legal enRmeennl; or sumo) intt purpo..w It daa neo npre.rnl an. tn.the.tlrounel .neve, .end repro:omtr only the approximate relative 1...x..,..1 n( 'importy tuntmbne. 1 inch = 386 feet .WL \' 013 PLANNING DEPARTMENT 11909 11905 2901 2903 2901 2902 2905 2903 2904 Z 2909 2905 2906 02911 2907 ^2913 2909 2910 Y I 2911 2912 02917 2913 0 2919 2921 11905 11805 2923 2925 11802 11906 11810 11806 11900 2808 11602 11506 11616 11614 11610 11606 11504 11502 2880 2920 2900 2940 11745 KIRBY COMMONS 11613 11609 11620 11600 11470 11406 11402 11312 11304 11412 11314 11310 11306 11408 g 2802 11407 11403 11311 11301 O 2804 28��11 06 11410 11406 11402 113011 N z z 2902 G1 2904 11409 11405 11401 11305 CO 5.3 2906 ,1410 2902 2901 xi 0 2904 2903 0 2905 2906 2906 2907 0 0 2909 2910 X 70 11451 2912 11401 BROADWAY ST 1405 3100 3209 11470 11450 3005 11414 2231 2310 11310 Exhibit 4 NOTIFICATION MAP Zone Change 2015-06Z South of Broadway East of Alvin ISD Entry Thu pnslurt Is for tnfnmmnunnl purposes and may not have been pn i, rrd for or be sunable for Iegalengtneenngor surveying pugtusos. It doeo not npresenl an Im•Ihn•gnrund survey and represent,. only the approximate relat ton twat ion d pnprrty Iamndnnes 1 inch = 386 feet JULY 2015 PLANNING DEPARTMENT Exhibit 5 ZONE CHANGE 2015-06Z - Ridgerock PD to GB Broadway St. East of Alvin ISD Entryway Owner Address GLOBAL NEW MILLENIUM LTD. 4415 HIGHWAY 6 NEW BROADWAY LTD 310 MORTON ST # 280 SHADOW CREEK RANCH MAIN. 12234 SHADOW CREEK PKWY FROST NATIONAL BANK 9821 KATY FWY STE 100 WC WALSH FAMILY LTD PO BOX 760 WU FAMILY TRUST 1095 EVERGREEN CIR ALVIN ISD 301 E HOUSE ST ALAN MUELLER 4201 BROADWAY RPMC, LLC PO BOX 760 City SUGAR LAND RICHMOND PEARLAND HOUSTON PEARLAND THE WOODLANDS ALVIN PEARLAND PEARLAND State Zip TX 77478 TX 77469 TX 77584 TX 77024 TX 77588 TX 77036 TX 77511 TX 77581 TX 77581 TYPE OF APPLICATION: City of Pearland Planning Department Universal Application Please complete each field - incomplete applications will not be accepted. Include the applicable checklist for each project type with this application. Refer to the schedule on the City's website and/or within the Planning Department for deadlines and anticipated meeting dates for each project type. City of Peartand Community Development 3523 Liberty Dnve (Community Center) Peadand,Texas 77581 281.6521788 281.652.1702 (rax) peartandtx.gov D Zoning Change ❑ ZBA Variance ❑ Cluster Development Plan ❑ P&Z Variance ❑ Planned Development Workshop 9 Special Exception ❑ Plat (list type): 9 Conditional Use Permit PROJECT INFORMATION: ❑ Residential D Commercial 0 Property Platted ❑� Property Not Platted Project Name: 5.4 acres Broadway Retail Tax ID: Project Address/Location. South side of Broadway/East of Alvin High School Entry Road Subdivision part of Lot A HTBRR Survey A-564 Brief Description of Project Proposed retail center No of Lots: 1 0564-0033-120 Total Acres 5.4 "When a completed application packet has been accepted and reviewed. additional information may be required by staff as a result of the review, therefore it may be necessary to postpone the proposed project and remove it from the scheduled agenda and place it on a future agenda according to Section 1.2.1.2 of the Unified Development Code." PROPERTY OWNER INFORMATION: RPMC, LLC Attn Melinda Rosinski Name: Address: PO Box 760 Pearland TX 77581 City: State: Zip: 281-770-2409 Phone: Fax: Email Address: wowinterests@gmail.com APPLICANT/AGENT INFORMATION: Name: Alan Mueller Address: 4201 Broadway City:TX Peartand State: Phone: 281-412-9210 Zip: 77581 Fax 281-412-9060 Email Address: alan@gromaxtexas.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 Peartand. ,47 Owner's Signature/ yt�Gi Agent's/ Applicant's Signature: Date: 7- " /1/45 Date: 7/i#ij FEES DATE RECEIVED RECEIPT PAID: PAID: BY: NUMBER: APPBCATION t 6 / NUMBER: �J tQ Zone Change Checklist Updated March 2015 Page 1 of 3 APPLICATION CHECKLIST FOR THE FOLLOWING: Zoning Change Application and checklist filled out completely and signed by the owner of the property. If the applicant is the designated agent, the application shall include a written statement from the property owner authorizing the agent to file the application on his behalf. Section 1.2.1.1 (aof the Unified Development Code (UDC). Metes and Bounds Description (survey or plat of the property that provides or contains the metes and bounds description). C1/rcel map, printed from the City of Pearland website, indicating the location and boundaries of the subject property. Ga Letter of Intent explaining the zone change request in detail, why the zoning is being requested to be changed, and the uses that are being proposed. q}' Acknowledgement of the sign to be posted on the property ten (10) days prior to the public hearing. ® Provide evidence or proof that all taxes and obligations have been paid regarding the subject property. ZApplication fee. as determined below, by cash, check made payable to the City of Pearland, or credit card (Visa and MasterCard only) • 0 to less than 25 acres • $1000.00, plus $25.00 per each type of zoning district requested • 25 to Tess than 50 acres • $1025.00, plus $25.00 per each type of zoning district requested 50 to less than 75 acres • $1050.00, plus $25.00 per each type of zoning district requested • 75 to less than 100 acres • $1075.00, plus $25.00 per each type of zoning district requested • 100 acres and above • $1100.00, plus $25.00 per each type of zoning district requested Date___71/j. City of Pearland 3519 Liberty Dr. Pearland TX 77581 RE: Zoning Representation To Whom It May Concern: The undersigned affirms that I am the owner of a 5.4 -acre tract of land (Tax 1D#0564-0033-120) on Broadway Street in Pearland, Texas. I hereby authorize Gromax Development, represented by Alan Mueller and Paul Grohman, to act on my behalf regarding the zone change application on said tract. This representation may be withdrawn at any point prior to final approval of the action by the city of Pearland. Sincerely, RPMC, LLC By: Melinda Rosinski PO Box 760 Pearland TX 77581 Gromax Development July 19, 2015 Lata Krishnarao Director of Community Development City of Pearland 3519 Liberty Drive Pearland TX 77581 RE: Zoning letter of intent — 5.4 acres Broadway Street Zone change from PUD to GB Dear Lata: As required by the zoning application checklist, we are submitting this letter of intent for the proposed rezoning of the referenced property from PUD (Ridge Rock) to General Business (GB). The purpose of this zone change is to allow development of two general business buildings of approximately 21,894 square feet and 21,894 square feet on the property. Upon successful conclusion of the zoning process, the property will be platted prior to submission of building permits. As you may recall, city's staff's ruling is that the existing Ridge Rock PUD is governed by the UDC, and as such, the approval to submit development applications has expired due to inactivity. Secondly, the original PUD contemplated a majority of the PUD being single family residential, which has now been purchased by Alvin ISD and is being developed as a high school. Therefore, we are submitting this application on behalf of the owner of this 5.4 acre tract to rezone this portion of the original PUD to GB. The original PUD allowed general business and office uses on this 5.4 -acre tract with no other special provisions or restrictions. Consistent with the original plan for this tract, we are proposing GB zoning on this tract with all development complying with UDC regulations. We anticipate one driveway on Broadway and will provide mutual reciprocal access to the tract to the west to accommodate future development of that tract. Current possible tenants include: • Gymnastics and Dance • Black Cross Fitness • Math Wizards • Chiropractor • Bushi Ban • Pearland Barkway • Child Day Care • Italian Restaurant Gromax Development • Urgent Care Facility • Dentist • Nail Salon • Dessert Shop • Donut Shop • Mexican Restaurant These uses and any use allowed within GB are compatible and consistent with the surrounding development. We appreciate your time with this process and request your favorable consideration of this request. Sincerely, / Vc R. '�JZue is Alan R. 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NPuv.IJ..vay.nNu Speep 9'•y�"�1+��ly� P•4u...911.ein..MJ ara WP.•'Wtieu..yv•4.M5 >fe.'I.15f.N/ml ),;, n. ,1.19193 m•p•gp BIW in•00I1Rn'nV!' t. vary v!Iv1t.7wn.s144,S 437r91/'1Ay*q •.romprP'.w1...r �� 90 1 I-)Y1LL S U3'17I5• C 5.52.39' 5110IZY 000 S bS 152652 2 13Y3LL MSw1F E ✓. 4.r. �1!-ti1M • 1A1 can14 • 1- • It IP' tz `wma �n'r. msr 119.1. �a.a..o..1nw /10 11190 110(01190019,98w 15911 I 2922 I__ __yMT* MYATERBAN f)R' 2975 111111?leo: i9M11 caw l lle'. 11 till L i 8990 BROADWAY ST 11'45 1151) 11630 iI 1I' 1M pa.. eM Memeepel eV e.•.M e—ee r•M�el. eYM•1ee•am/rYeYwere �s e+r.b Oe•re1me Seale 1:2.652 1 N • 22111 AI/ 07 2015 A Zoning Sign Acknowledgement I acknowledge that zoning sign(s) as required will be posted on the property by the applicant at least 10 days prior to the date of the public hearing. Alan Mueller TAX CERTIFICATE RO'VIN GARRETT, PCC BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Issued To: Legal Description GROMAX DEVELOPMENT 4201 W. BROADWAY PEARLAND , TX 77581 Fiduciary Number: 1474823 Account Number: Certificate No: Certificate Fee: 0564-0033-120 223784004 S10.00 A0564 H T& B R R BLOCK I TRACT A, RIDGE ROCK COMMERCIAL SITE NO I ACRES 10.0 Parcel Address: BROADWAY Legal Acres: 10.0000 Print Date: 07/14/2015 Paid Date: 07/14/2015 Issue Date: 07/14/2015 Operator ID: MELISA TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE PER SEC 1'1ON 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2014. AL1. TAXES ARE PAID IN FULL Exemptions: Certified Owner: 2014 Value: 2014 Levy: 2014 Levy Balance: Prior Year Levy Balance: Total Levy Due: P&I + Attorney Fee: Total Amount Due: Reference (G NiA Issued 13y: 1 0 RO'VIN GAR ''��jj BRAZORIA COUNT AX ASSESSOR - COLLECTOR (979)854-1320,(979)388-1320,(281)756-1320 1,143,450 534,161.82 50.00 50.00 50.00 50.00 50.00 delinquent tax certificate.rdf v1.78 WC WALSH FAMILY LTD PO BOX 760 PEARLAND , TX 77588-0760 Certified Tax Unit(s): 1 BRAZORIA COUNTY 9 SPECIAL ROAD & BRIDGE 27 ALVIN ISD 46 ALVIN COMMUNITY COLLEGE 54 I3RAZORIA DRAINAGE DIST 4 96 CITY OF PEARLAND