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Ord. 2000M-0137 2015-10-26
Ordinance No. 2000M-137 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 4.6 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, east of the Shadow Creek High School entryway, Pearland, TX), Zone Change 2015-08Z, a request of CDA Architects, applicant; on behalf Deborah Cabrera and William John Walsh, 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 4.6 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, CDA Architects, applicant: on behalf of Deborah Cabrera and William John Walsh, 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 4.6 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 28"' day of September, 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 28th day of September, 2015, the Planning and Zoning Commission submitted its report and recommendation to the City Council regarding the proposed zone change application of CDA Architects, applicant: on behalf of Deborah Cabrera and William John Walsh. 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 4.6 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 12th day of October 2015 and the 26th day of October 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 CDA Architects, applicant: on behalf of Deborah Cabrera and William John Walsh. 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 4.6 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 4.6 acres 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 east of the Shadow Creek High School entryway, 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 12th day of October, 2015. ATTEST: ;le TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of October, 2015. TOM REID MAYOR ATTEST: • NG L•, FING. T Y SEC'* TARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Ordinance No. 2000M-137 Exhibit "A" Exhibit A Legal Description Being 4.6 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-137 Ordinance No. 2000M-137 Exhibit "B" Exhibit B Vicinity Map Exhibit B AERIAL. MAP Zone Change 2015-08Z South of Broadway East of Alvin ISD Entry Thu prodret oo foa s anatoma: wpoen and aa,17 er. have Erre Frog -ed Y. or br: atal e 6z lryi. eeaneatil'. w tomorrow pupoo _. 1: dole act aepmeen an m-:hrc adve+and moron. 17 appzmma:r xrlanre loan. poryas. bo.eivr: 1 inch = 309 feet .^.EPTE1 BZX :015 PLANNING 7EP.1.CTM!\: Page 7 of 10 Ord. No 2000M-137 Ordinance No. 2000M-137 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 Zone Change App. #2015-08Z a true copy of which is hereto annexed was published in said newspapers in its issue(s) of September 10, 2015. Sworn o an .ubscribed before this • Notary ' ublic Publisher's Representative day of `°� , 2015. My commission expires on / — /19— a°,,,rr,,LUCILLE " Notary Public, Statef oTexas f", My Commission Expires January 18, 2016 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: 2015-08Z Notice is hereby given that on September 28, 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 CDA Architects, applicant; on behalf of Deborah Cabrera & William John Walsh, 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 4.6 acres of land, to wit: Being a 4.6 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. General Location: South Side of Broadway Street, east of the Shadow Creek High School entryway, Pearland, TX 11 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 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: 2015-08Z Notice is hereby given that on September 28, 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 CDA Architects, applicant; on behalf of Deborah Cabrera & William John Walsh. 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 4.6 acres of land, to wit: Being a 4.6 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. 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-137 Ordinance No. 2000M-137 Exhibit "D" Exhibit D Planning and Zoning Commission Recommendation Letter Planning & Zoning Commission Recommendation Letter September 29, 2015 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 2015-08Z Honorable Mayor and City Council Members: At their regular meeting on September 28, 2015, the Planning and Zoning Commission considered the following: A request of CDA Architects, applicant; on behalf of Deborah Cabrera and William John Walsh, 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 4.6 acres of land: LEGAL DESCRIPTION: Being 4.6 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 east of the Shadow Creek High School entryway, Pearland, TX Page 9 of 10 Ord. No 2000M-137 P&Z Vice Chairperson 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 6-0 and the motion was approved. Commissioners Isenberg, Starr, Pradia, 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-137 JOINT PUBLIC HEARING THE CITY COUNCIL CITY AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, MONDAY, SEPTEMBER 28, 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. 2015-08Z A request of CDA Architects, applicant; on behalf of Deborah Cabrera and William John Walsh 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 4.6 acres of land, to wit: Legal Description: Being 4.6 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 Street, east of the Shadow Creek High School entryway, Pearland, TX. 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 — 09/28/2015 RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE Summary of Request Staff Report To: City Council and Planning and Zoning Commission From: Planning Department Date: September 28, 2015 Re: Zone Change Application Number 2015-08Z A request of CDA Architects, applicant; on behalf of Deborah Cabrera and William John Walsh 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 4.6 acres of land in Pearland, TX. (Located on the South Side of Broadway Street, east of the Shadow Creek High School entryway, 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 4.6 acres located along Broadway Street. The property is currently zoned PD (Ridgerock). City staff ruled that the existing Ridgerock PD is governed by the UDC, and as such, the time period to submit the development applications for the PD has expired. 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 construction of a commercial development 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 4.6 acre site from PD to GB for the following reasons: 1. The change in zoning in not in conformance with the Comprehensive Plan. However, the previously approved Ridgerock PD designated this parcel for Commercial uses. This zone change would be a continuation of that designation. Wage RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE 2. The requested change in zoning from PD to GB will not have a significant negative impact on the surrounding properties. The new land use matrix approved by the City Council recently, that requires additional scrutiny through a CUP process for intense uses, ensures compatibility with adjacent low density residential uses. 3. 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. 4. All requirements of the UDC will be met for any future redevelopment on the site. 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 every initiated. Due to inactivity—no site plans or permits were ever submitted to the City for review—the PD has essentially become a designated holding for future development. as 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 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 new GB land use designations, proposed by City staff for the UDC. This will ensure that all proposed uses will be compatible with the adjacent residential, school, and existing 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 (PD) Development Wendy's / Aldi West Southern Trails Planned Development (PD) Low Density Residential – SouthernTrails 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 new GB land use designations, proposed by City staff for the UDC. This will ensure that all proposed uses will be compatible with the adjacent residential, school, and existing 21 Page RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE commercial uses. The subject property meets the requirements of the proposed GB zoning district as it relates to lot area, width, and depth. General Business (GB) Area Regulations Size of Lots Required Existing Lot Dimensions 22,500 sf. 4.6 acres Minimum Lot Width 150 ft. 266.6 ft. Minimum Lot Depth 125 ft. 659.5 ft. Minimum Lot Size 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. The new standards and uses approved by City staff have limited the inappropriate and intense uses of the GB zoning district to ensure compatibility with adjacent low density residential uses. 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. 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 The proposed change in zoning will not significantly impact surrounding properties or developments, as the property is proposed to maintain a low density development similar to adjacent GB uses. The regulations of the Corridor Overlay District and GB zoning district will limit 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 31 RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE 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. 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 41 Page 11915 11911 11907 ;2940 11907 11903 11901 11808 11620 11600 11902 11905 1.1903 11911 11901 11909 11902 11904 11910 11906 11905 11903 z� 1�IE tJ 11907. Aw 111913'11909 . 11904 11902 Exhibit 1 AERIAL MAP Zone Change 2015-08Z South of Broadway East of Alvin ISD Entry This product is for informational 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. 1 inch = 309 feet SEPTEMBER 2015 PLANNING DEPARTMENT 12001 11923 11919 11915 11911 11907 FOUNTAIN BROOK 12004 11922 11918 2902 1 2904 2906 12001/ 12908 / 2907 2901 2910 /42909 2903 k'2912 2911 2905 2913 2914 J 2919 2921 11913 11911 11907 11903 11901 11801 2923 2906 2908 WHITE WATER BAY DR 2925 11802 910 11916 1191211910 11906 11902 11808 11804 "2003 _12005 2909 12008 12004 2901 2903 1'x/2903 2904 2906 2908 2910 2912 2905 2905 2907 2909 11905 11909 11907 11911 BROADWAY ST 11903 -/ 11901 11902 11908 11906 11904 11912 11910, 1 11905 X11903 110 1 9 11911 11909 \ J I t 1 1 11904 11912 11910 11906..\---7-- 11905 119111 11907 1191311909. 11902 T_ 1- 11908 11912 11904 11910---.11906 11903 r 11901 11902 11900 2920 2900 11745 2880 2940 0 co rnZ 0 0 N 11613 11609 PUD i 1 Exhibit 2 ZONING MAP Zone Change 2015-08Z South of Broadway East of Alvin ISD Entry This product is for informational puipases 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. 1 inch = 309 feet SEPTEMBER 2015 PLANNING DEPARTMENT 12001 11923 11919 11915 11911 11907 FOUNTAIN BROOK DR 12004 11922 11918 2902 2904 \2003 12005 2901 L 2902 2903 2904 2905 2906 12001 2908 2907 2908 2901 2910 2909 2910 2915 2903 2905 2907 2880 2920:2900 2913 Medium Density Residential 2919 120081120041 —�j- 11g07 11903 11901 11803 11913 11911 I 2923 2908 2906 HITS -WATER BAY DR 2925 2921 I \ 11802 2910 11916 11912 11910 11906' 11902 11808 11804 High Density Residential 11905 11903 19" Low Density Residential 119, 11908 11906 119\04 11910 11905 11903 11911 11909 11901 11902 11904 11912 11910 11906 11905 1' 9111 11907 11913 1;1909 11912 1I1908 11904 119.10 11906 11903 11901 11902 11632\ 11630 Major Nodes Public / Semi -Public Exhibit 3 FLUP MAP Zone Change 2015-08Z South of Broadway East of Alvin ISD Entry This product is for informational 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. 1 inch = 309 feet SEPTEMBER 2015 PLANNING DEPARTMENT 12001 11923 11919 11915 11911 11907 FOUNTAIN BROOK DR 12004 11922 11918 2902 2904 2906 12001 2908 2901 2910 12003 12005 2909 12008 12004 2903 2912 2905 2913 2914vT 11913 11911 11907 11903 11901 11801 2906 2908 WHITE WATER BAY DR 2901 2902 2904 2906 2908 2910 2912 2903 2905 2907 2909 2911 2903 2905 2907 2909 z 2911 ^^2913 O 2915 0 2910 11916 1191211910 11906 11902 11808 11804 BROADWAY ST 11905 11903 11909 11907 11901 11911 11902 11908 11906 11904 11912 11910 11905 11903 11911 11909 11901 11902 11904 11912 11910 11906 11905 11911 11907 11903 11909 11913 11901 11912 11908 11904 11910 11906 11902 11900 2917 2919 2921 2923 2920 2900 Site 2880 11745 2940 0 v D3 z vT 11632 11630 11613 11620 11609 11600 Exhibit 4 NOTIFICATION MAP Zone Change 2015-08Z South of Broadway East of Alvin ISD Entry This product is for informational 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. 1 inch = 309 feet SEPTEMBER 2015 PLANNING DEPARTMENT EXHIBIT 5 Zone Change 2015-08Z - Ridgerock West PD to GB Owner Street City State Zip ALVIN INDEPENDENT SCHOOL DISTRICT 301 E HOUSE ST ALVIN TX 77511 CL ASHTON WOODS LP % FORESTAR REAL ESTATE GROUP INC 6300 BEE CAVE RD AUSTIN TX 78746 SHADOW CREEK RANCH MAINTENANCE 12234 SHADOW CREEK ASSOCIATION PKWY PEARLAND TX 77584 THE FROST NATIONAL BANK ATTN: JOELLA WALKER 9821 KATY FWY STE 100 HOUSTON TX 77024 TRINITY PRESBYTERY OF THE CUMBERLAND PRESBYTERIAN CHURCH PO BOX 5449 LONGVIEW TX 75608 WC WALSH FAMILY LTD PO BOX 760 PEARLAND TX 77588 DEBORAH CABRERA & JOHN WALSH 9704 BUNDORAN DR AUSTIN TX 78717 CDA ARCHITECTS 17200 SH 249 STE 230 HOUSTON TX 77064 EXHIBIT 6 TYPE OF APPLICATION: City of Pearland Planning Department Universal Application Please complete each field - incomplete applications AI not be accepted Include the applicable checklist for each project type with this application. Refer to the schedule on the City's webslte and/or within the Planning Department for deadlines and anticipated meeting dates for each project type. El Zoning Change ❑ Cluster Development Plan o Planned Development Workshop ❑ Plat (list type): PROJECT INFORMATION: ❑ Residential 0 Commercial Protect Name: 4.6 acres Brtadway Retail ❑ ZBA Variance ❑ P8Z Variance ❑ Spacial Exception ❑ Conditional Use Permit City of Pearland Commurty Da ,4opm,nl 3523 Liberty [My* (Community Center) Pealend, Texas 77581 281.632 1788 281.6521702 (tea) peartandlx.pov ❑ Property Platted Property Not Platted Tax ID: 0564-0033-120 Project Address/Location: South of Broadway and East of Shadow Creek Hlgh School Enhy Road Subdivision:part 01 LOT A HTBRR Survey, Section 80, A-564 No. of Lots: 1^ Brief Description of Project: Proposed Retail Center And Medical Offices Total Acres: 4.8 "When a completed application packet has bean accepted and reviewnd, additional Information may be required by staff as a result of the review, theroforo it may be necessary to postpone the proposed project anti remove 1 from the scheduled agenda and place it on a future agenda accordinj to Section 1 2.1,2 of the United Development Code." PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: Deborah Cabrera & William John Walsh Name: CDA Architects Name: Address: 9704 Bundoran Dr Address 17200 state Hwy. 249, Suite 230 City: Austin State: TX Zip: 78717 City. Ho Ston State; TX Phone: (415) 895-6923 , (281) 750-1685 Phone 832-678-9232 Email Address deb2bee6©yahoo. rn, wjwalshphd@gmall.com 77084 Fax 832-678-9240 raydrgic,taarchitecis.com Email Address: 'Property ownor must be the current owner of the property at the time of submittal of tho application, and not the party that has the property under contract As owner and applicant, I hereby request approval of the above described rertuest as provided for by the Unified Development Code of the City of Poartand Owner's Signature: Agent's/ Applicant's S'gnature OFFICE USE ONLY: C� / J PA D:� 1 aids TPA DE V lac,/ 1 JBY: CENEI) FEES Date Date' 8/.24/..2o/S RECEIPT 354.3b__ rj NUMBER: LJ cJ APPLICATION ^„ NUMBER: v� Aug 24, 2015 Lata Krishnarao, Director Community Development Department 3523 Liberty Drive Pearland, TX 77581 RE: Zone Change -Owner Authorization Dear Lata, We, Deborah Cabrera and William John Walsh, are the owners of the 4.6 acres of land (Tax ID # 0564- 0033-120), located on Broadway St.(next to shadow Creek High School Entry Way). I authorize Baath Investments LLC and CDA Architects to be the applicant and agent for the requested Zone Change Application. Sincerely, cabauL cheek .0bt Deborah Cabrera William John Walsh File 314 WALSH TRACTS 24x36 (1).pdf - Adobe Reader Edit View Window Help 1 66.7% Ito Tools •34'O •• CAL.CuLP,TED) 396 •28 � CITY OF PEARLAND MONUMENT SURVEY MARKER NO. 9, GPS MONUMENT 1 TRACT 1 Being 4.600 acts of land located in thc H.T. & B.R.R. Co. Survey, Section 80 (A.K.A) the I.S. Talmage Survey, Abstract 564, and bcing out of and a part of Lot A, of thc Minor Plat of Ridge Rock Commercial Site No. 1. a subdivision in Braaotia County, Texas. according to the map or plot thereof recorded in Document No. 2009028465 of the Oficial Public Records of Bracoria County, Texas, said 4.600 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a capped iron rod set for the northeast corner of said Lot A and being in the south right of way line of Broadway Street also commonly known as FM 518 (120' R.O.W.); THENCE S 86' 46' I8" W along and with the south right of way lint of said Broadway Street. a dismnce of 313.20' to a captpod iron rod set for thc POINT OF BEGINNING of the tract herein described; THENCE S 04' 57' 06" W. a distance of 659.52' to a capped iron rod sct for thc southeast corner of the tract herein de -son -bed and being in the south lint of said Lot A; THENCE S 86° 42'44'W along and with the south lime of said Lot A. a distance of 315.31' to a capped iron rod for the southwest corner of the tract herein described, same being the Point of Curvature ofa curve to the right bavmg a radius of 970.00'; THENCE in a northerly direction along and with said curve to the right, an are length of 24326', (Chord Benning N 06' 04' 57" E 242.62') to a capped iron rod found for the point ofa Reverse Curve to the left, having a radius of 1050.00'; THENCE along and with said curve to thc left, an arc length of 303.38', (Chord Bearing of Y 04° 59' 23" E 302.33') to a capped iron rod found for a Point of Tangency on west tine of said Lot A; THENCE N 03° 17" 16" W and continuing along and with the west tine of said Lot A. a distance of 54.49' to a capped iron rod found for a Point of Curvature ofa curve to thc left. having a radius of 60.00'; THENCE in a northeasterly direction along said curve to the left. an arc length of 94.19' (Chord Bearing of N 41° 44' 34" E 84.81') to a capped iron rod found for the most northerly west corner of the tract herein described, and being in the south right of way line of said Broadway Street; THENCE N 86° 46' 18" E along and with the south right of way line of said Broadway Street. a distance of 266.80• to the POINT OF BEGINNING of the tract herein described. TRA' Acing 5.4 acres o the H.T. & B.R.R. Co. Survey, Section 80 (A.K.A) thc J.S. T. .. • tract 564, and bcing out ofa a pa of Lot A, of the Minor Plat of Ridge Rock Commercial Site No. 1, a subdivts on to 'a County. e map or plat thereof monied in Document No. 2009028465 of the Official Public Records of Braioria County, Texan, said 5.400 acre tract being marc ,, ... ^.'- • - -• y metes and bounds as follows: BEGINNING at a c 36.00 x 24.00 In < rod set for the northeast corner of said Lot A, and being in the south right of way line of B way rronly known es FM 518 (120' RA.W.); ► Expor': v Creat Adobe PI Convert File them with r subscnptioi Select File ► Send 1 ► Store CRY 01 PLANO -1 - W LC0.1 �..�.. �.._.�._� CRC 00 f..r.... air La Ina Kafl'. OT. nll CO. /WM 111111 144 .4...l _TYII/O/ SLIMY ..—.--__—_.— .._g.-._�_. �.. �..� ••� 1 l:; _�.t. * }101[!µ/e •• mID1D100 = a1.1 YY. Ol/ li4nn� �'.. (12O La 1.1 Ip4p11R0)' of NAM, 1DeD aa.) 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Scale 1:4.410 1h■374ft August 24. 2015 Aug 24, 2015 Lata Krishnarao, Director Community Development Department 3523 Liberty Drive Pearland, TX 77581 RE: zone Change for 4.6 acres Broadway St, Zone change from PUD to GB Dear Lata, On behalf of our client Beath Investments LLC, we, CDA Architects, are submitting an application for a zone change for the above referenced property located on Broadway St from PUD(Ridge Rock) to General Business(GB). The intent of the zone change is to allow development of pad site(s), retail center and medical offices. City Staff ruling is that the existing Ridge Rock PUD is governed by UDC. Due to inactivity in PUD, approval to submit development applications has expired. Also, the original PUD was planned to have majority single family residential, which now has been purchased by Alvin ISD and is being developed as high school. Therefore, we are submitting this application on behalf of the owner of this 4.6 acre tract to rezone this portion of the original PUD to GB. Tract that Is immediately east of this tract has already been approved to be zoned as General Business (GB) by Planning and Zoning (Aug 17, 2015 meeting). Original PUD allowed general business and office space on thls 4.6 acre tract with no other special provisions/restrictions. We are proposing GB zoning on this tract with all development complying UDC regulations, which is consistent with the original plan for this tract. We are also requesting one driveway along Broadway which can provide entrance into this tract and the tract to east. We don't have any current tenants but as mentioned previously, the Intent of the zone change is to allow development of pad site(s), retail center and medical offices. Since ely, 4 Ra uerer • CDA Architects 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 JPH. CDA Architects 2014 TAX STATEMENT Certified Owner: RPMC LLC P O BOX 272 PEARLAND, TX 77588 AccountNo:0564-0033-120 As of Date: 08/24/2015 Market Value Land I Improvement 51,143,450, RO'VIN GARRETT, PCC BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Appr. Dist. No.:179016 Appraised Value 50 $1,143,450 Taxing Unit Assessed Value (100%) BRAZORIA COUNTY Amount saved by additional sales tax SPECIAL ROAD & BRIDGE ALVIN ISD ALVIN COMMUNITY COLLEGE BRAZORIA DRAINAGE DIST 4 CITY OF PEARLAND $1,143,450 revenue S1.162.40 $1,143,450 $1,143,450 $1,143,450 $1,143,450 $1,143,450 Assessed Value $1,143,450 Capped Value Legal Description: A0564 H T& B R R BLOCK I TRACT A, RIDGE ROCK COMMERCIAL SITE NO 1 ACRES 10.0 Legal Acres: 10.0000 Parcel Address: BROADWAY Print Date: 08/24/2015 Homesite Agricultural f Non -Qualifying Value Market Value Value Exemptions Code I Amount Exemptions• AMOUNT DUE W PAID BY: i 08/31/2015 19% $0.00 02/29/2016 25% 50.00 09/30/2015 20% T 10/31/2015 21% $0.00 80.00 10.00 10.00 10.00 10.00 $0.00 $0 $0 Taxable Value $1,143,450 Tax Rate Tax $1,143,450 0.4385000 $1,143,450 $1,143,450 $1,143,450 $1,143,450 $1,143,450 0.0600000 1.4170000 0.2040090 0.1560000 0.7121000 $5,014.03 $686.07 $16,202.69 12,332.74 $1,783.78 18,142.51 Total Tax: Total Tax Paid to date: Total Tax Remaining: 03/31/2016 26% 10.00 $0.00 04/30/2016 27% S0.00 11/30/2015 22% $0.00 05/31/2016 28% 50.00 12/31/2015 23% 50.00 06/30/2016 29% 10.00 $34,161.82 534,161.82 50.00 01/31/2016 24% 10.00 07/31/2016 30% --------- -- $0.00 [School Information: CALVIN ISD 2014 M&0 1.0400000 1&S 37700000 Total 1.4170000 2013 M&0 1.0400000 I&S .28910000 Total 13291000 PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. Print Date: 08/24/2015 PLEASE NOTE YOUR ACCOUNT NUMBER ON YOUR CHECK AND MAKE CHECKS PAYABLE TO: RO'VIN GARRETT, PCC BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 (979) 864-1320, (979) 388-1320, (281) 756-1320 0564-0033-120 RPMC LLC PO BOX 272 PEARLAND, TX 77588 4.1.57 1111A1161141010141112101 .1 Ob PAID: 05640033120 2014 082015 00000000000 00000000000 00000000000 1 TAX CERTIFICATE RO'VIN GARRETT, PCC BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Issued To: Legal Description Fiduciary Number: 14"/4828 Account Number: Certificate No: Certificate Fee: 0564-0033-120 223784004 510.00 A0564 H T& B R R BLOCK I TRACT A, RIDGE ROCK COMMERCIAL SITE NO 1 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 SECTION 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. ALL TAXES ARE PAID IN FULL Exemptions: 2014 Value: 2014 Levy: 2014 Levy Balance: Prior Year Levy Balance: Total Levy Due: P&I + Attorney Fee: Total Amount Due: Reference (G Issued By: RO'VIN G ... . . BRAZORIA COUN TAX ASSESSOR - COLLECTOR (979) 864-1320, (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 Certified Owner: WC WALSH FAMILY LTD PO BOX 760 PEARLAND , TX 77588-0760 Certified Tax Units): 1 BRAZORIA COUNTY 9 SPECIAL ROAD & BRIDGE 27 ALVIN ISD 46 ALVIN COMMUNITY COLLEGE 54 BRAZORIA DRAINAGE DIST 4 96 CITY OF PEARLAND Property Account Property ID: 655877 Geographic ID: 0564-0033-U0I Type: Real Property Use Code: Property Use Description: Legal Description: A0564 H T 8,881113100K 1 TRACT Al (RIDGE ROCK COMMERCIAL SITE NO 1) ACRES 4.60 Agent Code: Location Address: BROADWAY Maps:o: PEARiAND, TX Neighborhood: Map ID: Neighborhood CD Owner 81 Name: WAISHWIWAMJOHN Owner ID: Mailing Address: 9/04 BUNDORAN DR %Ownership: AUSTIN, TX 78717 Exemptions: Owner 82 Hare: CABRERA DEBORAH Maiing Address: 1181 NOVATO BLVD API 45 NOVATO, CA 94947 Owner 10: X Ownership: Exemption: 1109947 (Property ID: 65587?) 50.0000000000% 1109946 (Property ID: 655873) 50.0000000000% Values (+) Improvement Homesite Value: (+) Improvement Non-Homesite Value: (+) Land Homesite Value: (+) Land Non-Homesite Value: (+) Agricultural Market Valuation: (+) Timber Market Valuation: (=) Market Value: (—) Ag or Timber Use Value Reduction: — $o $0 $0 $701,320 Ag / Timber Use Value $o $0 $0 $0 $701,320 so (=) Appraised Value: _ $701,320 (—) HS Cap: — $0 (=) Assessed Value: _ $701,320 Taxing Jurisdiction Owner: CABRERA DEBORAH (Property ID: 655873) 96 Ownership: 50.0000000000% Total Value: 5350,660 Entity Dualptbn Tax Arta Appr.ts.d Vslu• Tmbie Vdue Estimated Tae CAD BSAZORIACOUNTY APPRAISAL 05TRICT 0.000000 5350.660 $350,660 50.00 CPL CDY OF PEARIAND 0.712100 5350.660 5350.660 50.00 URA BRAZORIA COUNTY DRAINAGE DISTRICT 64 (PEARL/OLD) 0.156000 5350,660 5350.660 50.00 G8C BRAZORIA COUNTY 0.438500 5350.660 5350,660 50.00 301 ALVIN COMMUNITY COIIEGE 0.204009 5350.660 5350.660 50.00 M34 BRAZORIA COUNTY MUO 434 0.850000 5350.660 5350.660 50.00 RD8 00A08 BRIDGE FUND 0.060000 5350.660 5350.660 50.00 SAL ALVIN INDEPE NDE NT SCHOOL DISTRICT 1.417000 5350.660 5350.660 50.00 Total ba We: 3.837609 Tares w/Current Exemptions: 50.00 Taos w/o Exemptions: 513,456.96 Owner: WALSH WILLIAM 1O4-161 (Property ID: 455872) % 0wnership: 50.000000000096 Total Value: 5350,660 Entity Destalpt100 CAD BRAZORIA COUNTY APPRAISAL DISTRICT CDL CRY OR PEAALAND DR4 BRAZORIA COUNTY DRAINAGE DISTRICT 94 (P6ARLANDI GBC BRAZORIA COUNTY lAl ALVIN COMMUNITY COLLEGE M34 BRAZORIA COUNTY MUD 934 908 ROAD8 BRIDGE FUND SAL ALVIN INDEPENDENT 501001. DISTRICT Total Tax Rate: Tax Rab Appraised Value Taxable Value Estimated Tax 0.000000 5350,660 5350,660 50.00 0.713100 5350.660 5350.660 50.00 0.156000 5.350,660 5350,660 $0.00 0.438500 5350,660 5350.660 50.00 0.204009 5350,660 5350.660 50.03 0.850000 5350.660 5350,660 50.00 0.060000 5350,660 5350,660 50.00 1.417000 5350,660 5350,660 50.00 3.837609 Tures w/Ctrtent Exemptions: 50.00 513,456.96 Tax.s w/o Exemptions: Improvement / Building No improvements exist for this property. Land 6 Typa 1 Al DeseisstIon TRONT ACREAGE Aeon 4.6000 200376.00 Elf PTorrt 0.00 M Depth 0.00 Market Value Prod Woe 5701.320 Holl Value History Year Imprownrnb 2015 2015 lard !JAMEat SO A[ ValuWon 5701,320 5701,320 Appraised HS Cap O 701,320 0 701,320 Aseassed SO 5701,320 50 5701,320 Deed History - (Last 3 Deed Transactions) Dead Daae Zone Change Checklist Updated March 2015 Page 1 of 3 APPLICATION CHECKLIST FOR THE FOLLOWING: Zoning Change plication and checklist filled out completely and signed by the owner of the property. IA 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 (a) of the Unified Development Code (UDC). ®(Metes and Bounds Description (survey or 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. ®(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. Cd 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. ®Application 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 Zone Change Checklist Updated March 2015 Page 2 of 3 Posting of Notification Signs on Property under Consideration for a Zone Change 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 REQUEST1 Contact City of Pearland 281-652-1765 •:• Signs must be professionally made; handwritten signs are not allowed. •:• Signs must be freestanding and cannot be attached to a tree, fence, or building. lic;Oofs Signature // Date Zone Change Checklist Additional Information: Updated March 2015 Page 3 of 3 • Upon making an application for a zoning change 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 zone change 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 4.1.2.6 of this UDC. section shall not require a permit under • 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.