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Ord. CUP2015-09 2015-10-26Ordinance No. CUP 2015-09 An ordinance of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a restaurant, Being 2.989 acres situated in the W.D.C. Hall League, Abstract No. 70, within the City Limits of Pearland, Brazoria County, Texas, being all of Lots 1 and 2 in block 4 of Creekview Subdivision No. 2 recorded in Volume 7, Page 47 and 48 of the Plat Records of Brazoria County; and lots 3, and 4, in block 2 of Creekview Subdivision, recorded in Volume 6, page 205, amended plat recorded in Volume 7, page 5, Public Records, Brazoria County, Texas. (Located at 2202 Broadway Street, Pearland, TX), Conditional Use Permit Application No 2015-09, within the Neighborhood Services (NS) zoning district, at the request of C. Davis Wilson, applicant: on behalf of Ybarra Investments, Inc.. owner; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, C. Davis Wilson, applicant; on behalf of Ybarra Investments, Inc.. owner; is requesting approval of a Conditional Use Permit (CUP) to allow for a Restaurant on approximately 2.989 acres of land on the following described property; 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 28th 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 Conditional Use Permit to allow for a Restaurant on approximately 2.989 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 C. Davis Wilson, applicant; on behalf of Ybarra Investments, Inc., owner; for approval of a Conditional Use Permit on approximately 2.898 acres of land to allow for a Restaurant; 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 being located within the Neighborhood Services (NS) zoning district, is hereby granted a Conditional Use Permit to allow for a Restaurant, subject to all requirements of the NS zoning district and the site plan attached hereto and made a part hereof for all purposes as Exhibit "E", in accordance with all conditions and requirements of the current Unified Development Code and the following conditions approved by the City Council and incorporated for all purposes, such property being more particularly described as: Legal Description: Being 2.989 acres situated in the W.D.C. Hall League, Abstract No. 70, within the City Limits of Pearland, Brazoria County, Texas, being all of Lots 1 and 2 in block 4 of Creekview Subdivision No. 2 recorded in Volume 7, Page 47 and 48 of the Plat Records of Brazoria County; and lots 3, and 4, in block 2 of Creekview Subdivision, recorded in Volume 6, page 205, amended plat recorded in Volume 7, page 5, Public Records, Brazoria County, Texas. General Location: 2202 Broadway Street, 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 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. 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. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of October. 2015. ATTEST: APPROVED AS TO FORM: M. COKER CITY ATTORNEY .,_,,, V74 TOM REID MAYOR Ordinance No. CUP 2015-09 Exhibit "A" Exhibit A Legal Description Being 2.989 acres situated in the W.D.C. Hall League, Abstract No. 70, within the City Limits of Pearland, Brazoria County, Texas, being all of Lots 1 and 2 in block 4 of Creekview Subdivision No. 2 recorded in Volume 7, Page 47 and 48 of the Plat Records of Brazoria County: and lots 3, and 4, in block 2 of Creekview Subdivision, recorded in Volume 6, page 205, amended plat recorded in Volume 7, page 5, Public Records, Brazoria County, Texas. Page 5 of 10 Ord. No CUP 2015-09 Ordinance No. CUP 2015-09 Exhibit "B" Exhibit B Vicinity Map Exhibit B AERIAL MAP CUP 2015-09 220.2 Broadway p:cmxt a to :tarma:xmt purr.. sal afur lar. Dwa arWarb s d tat ca tab:. for:nal .e[.aa.rW. cr tss-.rat plarictw 1: m.. at r.pr.e.o: at ce :afroo;a t a::., .w tepr.aeott aq'• rS. apprcaaue rtll::'e L. atce d prcpett; !c',CYurt I nch = 232 feel SEPSEYBEB `01! !LA::1:1::O DE?..11211E::i Page 6 of 10 Ord. No CUP 2015-09 Ordinance No. CUP 2015-09 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. #2015-09 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 41. day of Publisher's Representative ,�IFd , 2015. Notary Public My commission expires on / _ /29 �o`�Rrr01i,� LUCILLE GUERRA "? Notary Public, State of Texas !"�,: My Commission Expires '"'� January 18, 2016 i NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT APPLICATION NUMBER: 2015-09 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 C. Davis Wilson. applicant; on behalf of Ybarra Investments, Inc., owner; for approval of a Conditional Use Permit (CUP) to allow for a restaurant in the Neighborhood Services (NS) zoning district; on approximately 1.698 acres of land, to wit: Being 1.698 acres situated in the W.D.C. Hall League, Abstract No. 70, within the City Limits of Pearland, Brazoria County, Texas, being all of Lots 1 and 2 in block 4 of Creekview Subdivision No. 2 recorded in Volume 7, Page 47 and 48 of the Plat Records of Brazoria County; and lots 3, and 4. in block 2 of Creekview Subdivision, recorded in Volume 6, page 205, amended plat recorded in Volume 7, page 5, Public Records, Brazoria County, Texas. General Location: 2202 Broadway Street, 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 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 CONDITIONAL USE PERMIT APPLICATION NUMBER: 2015-09 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 C. Davis Wilson, applicant; on behalf of Ybarra Investments, Inc., owner; for approval of a Conditional Use Permit (CUP) to allow for a restaurant in the Neighborhood Services (NS) zoning district; on approximately 1.698 acres of land, to wit: Being 2.998 acres situated in the W.D.C. Hall League, Abstract No. 70, within the City Limits of Pearland, Brazoria County, Texas, being all of Lots 1 and 2 in block 4 of Creekview Subdivision No. 2 recorded in Volume 7, Page 47 and 48 of the Plat Records of Brazoria County; and lots 3, and 4, in block 2 of Creekview Subdivision, recorded in Volume 6, page 205, amended plat recorded in Volume 7, page 5, Public Records, Brazoria County, Texas. General Location: 2202 Broadway Street, 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 7 of 10 Ord. No CUP 2015-09 Ordinance No. CUP 2015-09 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 CUP Application 2015-09 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 C. Davis Wilson, applicant; on behalf of Ybarra Investments, Inc., owner; for approval of a Conditional Use Permit (CUP) to allow for a restaurant in the Neighborhood Services (NS) zoning district; on approximately 2.989 acres of land, to wit: Legal Description: Being 2.989 acres situated in the W.D.C. Hall League, Abstract No. 70, within the City Limits of Pearland, Brazoria County, Texas, being all of Lots 1 and 2 in block 4 of Creekview Subdivision No. 2 recorded in Volume 7, Page 47 and 48 of the Plat Records of Brazoria County; and lots 3, and 4, in block 2 of Creekview Subdivision, recorded in Volume 6, page 205, amended plat recorded in Volume 7, page 5, Public Records, Brazoria County, Texas. General Location: 2202 Broadway Street, Pearland, TX P&Z Commissioner Mary Starr made a motion to recommend approval of the CUP request. The motion was seconded by P&Z Vice Chairperson Daniel Tunstall. The vote Page 8 of 10 Ord. No CUP 2015-09 was 6-0 and the motion was approved. Commissioners Pradia, Starr, Tunstall, Isenberg, Fuertes, and Duncan all voted in favor of the requested CUP. Sincerely, ‘Z6,_ Ian Clowes Senior Planner On behalf of the Planning and Zoning Commission Page 9 of 10 Ord. No CUP 2015-09 �w�wni.:..�., vv�•w.v�urtrt Exhibit E Site Plan • GRINGO'S 11 xis c 41110111 IIIlHII • ••• 01~1". --- GaNEHAL LANDSCAPE NOTES .LMO®CAPE CALMS -A=18 L SCAFE LECBC wrr- 1t VitirL -. tlo 1IIIIIIIIIIIIIIIIIIIII11fIIIIIIIIIIIIIIII Page 10 of 10 Ord. No CUP 2015-09 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 Conditional Use Application No. 2015-09 A request of C. Davis Wilson, applicant; on behalf of Ybarra Investments, Inc., owner; for approval of a Conditional Use Permit (CUP) to allow for a restaurant in the Neighborhood Services (NS) zoning district; on approximately 2.989 acres of land, to wit: Legal Description: Being 2.989 acres situated in the W.D.C. Hall League, Abstract No. 70, within the City Limits of Pearland, Brazoria County, Texas, being all of Lots 1 and 2 in block 4 of Creekview Subdivision No. 2 recorded in Volume 7, Page 47 and 48 of the Plat Records of Brazoria County; and lots 3, and 4, in block 2 of Creekview Subdivision, recorded in Volume 6, page 205, amended plat recorded in Volume 7, page 5, Public Records, Brazoria County, Texas. General Location: The property is located South of Broadway Street and East of East Circle Drive and West of West Circle Drive, 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: Conditional Use Permit Application No. 2015-09 A request of C. Davis Wilson, applicant; on behalf of Ybarra Investments, Inc., owner; for approval of a Conditional Use Permit (CUP) to allow for a restaurant in the Neighborhood Services (NS) zoning district; on approximately 2.989 acres of land, Pearland, TX The applicant is requesting approval of a conditional use permit (CUP) to allow for an expansion of a non -conforming restaurant located in the Neighborhood Services (NS) zoning district on approximately 2.989 acres located along Broadway Street. The property is currently zoned NS. The property is built out with an existing restaurant use and adjoining parking lot, with plans to expand the parking lot further to the northwest along W. Circle Dr. Recommendation Staff recommends approval of the requested CUP on the approximately 2.989 acre site to allow a Restaurant use for the following reasons: 1. The approved CUP will allow for the existing restaurant on site to expand their current parking lot, alleviating current parking issues. This ultimately will help in mitigating the existing negative impact on the surrounding residential neighborhood. 2. The approved CUP will result in bringing nonconforming use (restaurant) into conformance with the Unified Development Code (UDC). 3. All requirements of the UDC will be met for any future redevelopment and expansion on the site. Screening and buffering, as well as new zoning/land use definitions as determined by City staff will protect the health, safety and welfare of the existing neighborhoods, as prioritized by the Comprehensive Plan. 1I a g e RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE A revised site plan showing the entire parcel needs to be submitted as an exhibit to the ordinance, prior to the first reading, Site History The subject property is currently developed with an existing restaurant, off-street surface parking, and 2 single family residential homes. A concurrent application for rezoning to change the rear portion from Single Family Residential (R-1) to Neighborhood Services (NS) to match the zoning of the portion of the property that fronts onto Broadway has been submitted. The site is surrounded by non-residential and residential uses. The below table identifies surrounding uses and zoning districts: Conformance with the Thoroughfare Plan The subject property has frontage on E Circle and W. Circle Drive, both local streets, which requires a minimum of 50 feet of right-of-way. Both roads are platted with 60 feet of right-of-way. The site also has frontage on Broadway Street, a major thoroughfare with a required right-of-way of 120 feet. Additional 10 feet of right-of-way may be required at the time of platting. Conformance with the Unified Development Code The approval of the requested Cup to allow for a restaurant use will bring the existing restaurant use, currently operating on site and proposed for expansion, into conformance with the UDC. The subject property meets the requirements of the proposed NS zoning district as it relates to lot area, width, and depth. Neighborhood Services (NS) Area Regulations Size of Lots Minimum Lot Size Required Existing Lot Dimensions 12,500 sf. 2.989 acres 21 Page Zoning Land Use North Neighborhood Services (NS) Strip Center / Small Retail South Single -Family Residential (R-1) Creek View Subdivision East Neighborhood Services (NS) Handy Plus (Carwash) West Neighborhood Services (NS)/ Single -Family Residential (R-1) For Children Only Day School Conformance with the Thoroughfare Plan The subject property has frontage on E Circle and W. Circle Drive, both local streets, which requires a minimum of 50 feet of right-of-way. Both roads are platted with 60 feet of right-of-way. The site also has frontage on Broadway Street, a major thoroughfare with a required right-of-way of 120 feet. Additional 10 feet of right-of-way may be required at the time of platting. Conformance with the Unified Development Code The approval of the requested Cup to allow for a restaurant use will bring the existing restaurant use, currently operating on site and proposed for expansion, into conformance with the UDC. The subject property meets the requirements of the proposed NS zoning district as it relates to lot area, width, and depth. Neighborhood Services (NS) Area Regulations Size of Lots Minimum Lot Size Required Existing Lot Dimensions 12,500 sf. 2.989 acres 21 Page RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE Minimum Lot Width Minimum Lot Depth 100 ft. 100 ft. Conformance with the Comprehensive Plan 233.3 ft. 452.73 ft. The proposed CUP for a restaurant use for the 5 -tract reserve for Ybarra Investments Inc. is in compliance with the adjoining future land use designation of the Comprehensive Plan, which is retail, office and neighborhood services. According to the Comprehensive Plan, properties located within the aforementioned future land use designation should be of a low density residential or low -impact and traffic generating retail businesses that can provide valuable goods and services to adjacent residents and neighborhood communities. Appropriate zoning districts include the proposed zone of Neighborhood Services (NS). The NS zone is intended to act as a transition zone from Commercial to Residential. Platting Status The subject property has not been platted. A plat has been submitted and is currently pending approval. Availability of Utilities The subject property has access to utilities. GIS data indicates that water is available to the site via an existing 16 -inch waterline and a 14 -inch sewer line along Broadway Street. Impact on Existing and Future Development The proposed CUP will not significantly impact surrounding properties or developments. The proposed expansion of the parking area to the northwest, will adjoin existing NS property to the north and will provide appropriate buffering as required by the UDC to the remaining single family property to the south. The proposed CUP will bring the existing uses into compliance with the UDC as well as the future land use designation of the adjacent property for which this property and its use will supplement. All surrounding properties are zoned for single-family residential uses and neighborhood services / general businesses zoning districts. The property is currently built out and no changes have been proposed at this time, excluding the expansion of parking. The proposed parking expansion will help alleviate traffic and parking concerns along both E. and W. Circle Drives. Additional Comments 31 RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE 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 Exhibit 1 AERIAL MAP CUP 2015-09 2202 Broadway 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 = 232 feet SEPTEMBER 2015 PLANNING DEPARTMENT Exhibit 2 ZONING MAP CUP 2015-09 2202 Broadway 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 = 232 feet SEPTEMBER 2015 PLANNING DEPARTMENT 2113 Medium Density Residential Exhibit 3 FLUP MAP CUP 2015-09 2202 Broadway 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 = 232 feet SEPTEMBER 2015 PLANNING DEPARTMENT 2415 3230 1727 3226 3224 3228 OP QeO 3221 3219 3215 3217 3224 3220 3210 3208 3203 / 3216\ \�\ \ \ , '`� 2119 QP 3217 3223 3219 2113 2117 2115 2121 2110 2108 2114 2112 3208 itio 2106 O4 2104 NO 2102 2105 2103 3501 3425 3426 3424 3418 3419 3415 3414 3412 3404 L Q� 3405 3410 �"` o `Q�li A O P 3407 CO 3409 2102 3403 2006 2024 2007 2002 Exhibit 4 NOTIFICATION MAP CUP 2015-09 2202 Broadway 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 = 232 feet SEPTEMBER 2015 PLANNING DEPARTMENT EXHIBIT 5 CUP 2015-09 Restaurant (Gringos) in NS Owner POWELL KENNETH W PROVENZANO DAVID & SUZANNE ROYALL ERIC D & APRIL D RUSCIANO JOHN J & DORIS SKIPPER J M SUSSER PETROLEUM THOMPSON EDWARD L & FREDERICA WAGONER MARGUERITE ANN YBARRA INVESTMENTS INC GUTIERREZ RAUL MARTIN & DOLORES HAND CHARLES E DDS LOYD KATHY L MAVBC LLC NEWSOM DONNA J OCHOA MARTIN BACA LAURA BODLEY WILLIAM BRINKLEY CLAUDE H JR CHAPA OSCAR E SR COLLIER MICHAEL W JR CUNNINGHAM LUTHER WAYNE EHLER HENRY C & PAMELA BOSTWICK GANT VIRGIL F & DEBORAH GEORGE CHARLES DEWITT GERARDO BENJAMIN G GREER WILLIAM CARLTON JR POWELL KENNETH W C DAVIS WILSON Street 1639 BLALOCK RD 2007 DEEPBROOK DR 3410 E CIRCLE DR 3409 E CIRCLE DR 3411 W CIRCLE DR 555 E AIRTEX DR 2205 BROADWAY ST 5900 ALMEDA GENOA RD 2601 UNDERWOOD RD 3408 W CIRCLE DR 1703 WILLITS ST 3223 PATRICIA LN 6419 VANDERBILT ST 3409 W CIRCLE DR 7531 JENKINS RD 3404 W CIRCLE DR 3403 W CIRCLE DR 14633 LARAMIE TRL 3405 E CIRCLE DR 3410 W CIRCLE DR 2416 WASHINGTON ST 2213 BROADWAY ST 2102 LIMRICK DR 3412 E CIRCLE DR 3407 W CIRCLE DR 3403 E CIRCLE DR 1639 BLALOCK RD 3033 CHIMNEY ROCK STE 601 City HOUSTON PEARLAND PEARLAND PEARLAND PEARLAND HOUSTON PEARLAND HOUSTON LA PORTE PEARLAND PEARLAND PEARLAND HOUSTON PEARLAND PEARLAND PEARLAND PEARLAND MONTGOMERY PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND PEARLAND HOUSTON HOUSTON State TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX TX Zip 77080 77581 77581 77581 77581 77073 77581 77048 77571 77581 77581 77581 77005 77581 77584 77581 77581 77316 77581 77581 77581 77581 77581 77581 77581 77581 77080 77056 EXHIBIT 6 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 dead'ines and anticipated meeting dates for each project type. City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland. Texas 77581 281.652.1768 281.652.1702 (fax) pearlardtx.gov ❑ Zoning Change ❑ ZBA Variance ❑ Cluster Development Plan 0 P&Z Variance ❑ Planned Development Workshop ❑ Special Exception ❑ Plat (list type). EJ Conditional Use Permit PROJECT INFORMATION: o Residential ❑✓ Commercial 0 Property Platted 0 Property Not Platted Project Name: Gringo's Restaurant No. 1 Tax ID: 201940, 201941, 201919,2MT° Project Addressltocation: 2202 Broadway FM 518, Pearland, Texas, 77581 Subdivision: Creekview and Creekview No. 2 No. of Lots: 4 Total Acres: 1.698 Brief Description of Project: Rezone 4 lots from R1 to NS, 2 lots area already being used as NS. All lots are adjacent. "When a completed application packet has been accepted and result of the review, therefore It may be necessary to postpone the place it on a future agenda according to Sectioi reviewed, additional Information may be required by staff as a proposed project and remove it from the scheduled agenda and 11.2.1.2 of the Unified Development Code.** PROPERTY OWNER INFORMATION: Name: Ybarra Investments, Inc. Address: 2601 Underwood Road APPLICANTIAGENT INFORMATION: Name: C. Davis Wilson, Architect Address: 3033 Chimney Rock, Suite 601 City: La Porte State: TX Zip: 77571-9477 Phone: 832.715.4555 Fax: 281.470.7799 Email Address: russell@gringostexmex.com City: Houston State: TX Phone: 713.598.8970 - 713.493.9541 Fax: Zip: 77056 Email Address: fontdesignstudio@gmail.com 'Property owner must be the current owner of the property at the time of submittal of the application, and riot the party that has the property under contract. As owner and applicant, I hereby request approval of the above described request as provided for by the Unified Development Code of the City of Pearland. Owner's Signature: Agent's/ Applicant's Signature: le.4. rte Date: Date: 08.04.2015 OFFICE USE ONLY: ( FEES PAID: �� DATE AID: RECEIVED BY: • RECEIPT ".;`-'3 c C NUMBER: l ( Jv APPLICATION 0/0 OG NUMBER: 1 ZONE CHANGE/ VARIANCE/ le one) BA or Off! or FE RECORDATION Description: Input who the check is from COMMENTS/DESCRIPTION (F10): Location or Address (:)e.g, 6-etark\--/ Applicant (L (\ C; S j}-Cc_✓�C `�" / `b Owner 0 \-C< S \\, \. ' CRRITE OFRPIAi�OYtO { *** CUSTOMER REQ EIPT *+* Oper: JMAM • Type: OC drawer: 1 Date: 8/28115 01 Receipt no. 339950 Description Quantity Amount BA BOARD of 0Dl111rSTr T4.s1025.00 Trans nuTber: t} 4842 YBARRA INVEST 201.470.7900 Tender detail CK CHECK Total tendered Total payment Trans dates 0'20/15 Tiny: 7:45:52 1000b3 $1025.00 25.00 $1025.00 g'Di' Font Design Studio: LLC Architecture ' i nhing T Interiors July 10, 2015 City of Pearland Planning Department RE: Gringo's Mexican Restaurant, 2202 E. Broadway, Re -zoning of Lots 1 & 2 Blk 4 & Lots 3 & 4 Blk 2, Creek View Subdivision, From R-1 to N.S. Also Re -plat of same combining the 4 lots with Gringo's to become one reserve. To whom it may concern, Ybarra Investments authorizes C. Davis Wilson, senior architect, and/or Ginevra Liquitay, president of Font Design Studio, to be agents for Ybarra Investments for the re -zoning and re -plat of the above referenced properties. The purposes of the re -zoning are as follows: 1. Gringo's Mexican Restaurant is properly zoned and permitted as N.S. 2. Lots 1 & 2 BIk 4 were acquired for parking before demo of the Old Gringo's #1 and the parking was constructed just prior to and during construction of the larger, New Gringo's #1. The parking was approved by both the City of Pearland's City Council and Planning Department and properly permitted. For some reason, unknown now, C. Davis Wilson, architect, and/or the City of Pearland, overlooked re -zoning the two lots at that time. It is respectfully requested that the oversight be rectified by this re -zoning request. 3. Lots 3 & 4 Blk 2, have recently been purchased by Ybarra Investments and is requested to be re -zoned to N.S. to add more parking for Gringo's #1, customers and citizens of the City of Pearland's, convenience. A. Gringo's sales have increased over the years. B. Creating more employees C. Creating innovative parking in and/on Gringo's landscape areas and residential buffers. D. Gringo's has to rent the carwash space at night, for overflow parking. E. The other scenario is that when the customer can't find a legal parking space they leave and go elsewhere. If its Clear Lake City, Webster, Friendswood, or Houston, they get the sales tax, not the City of Pearland. I respectfully request that the City of Pearland combine Lots 3 & 4 Blk 2 with Gringo's and Lots 1 & 2 Blk 4 to make all of the lots one N.S. property. Simultaneous with the re -zoning, Ybarra Investments is re -platting the five lots into one reserve and the replat can be completed after the rezoning is approved. Ybarra Investments authorizes the City of Pearland to post a sign on the properties for the purposes of the re -zoning and/ or re -platting. Font Design Studio LLC., 3033 Chimney Rock Suite 601, Houston Texas 77056 713.493.9541 �vs Fort Cesign Studio, i_' ,rr;r,��er,��.�r�� ' Planning ` Interiors Thank you for the City of Pearlands' consideration. If you have any further questions please do not hesitate in contacting us. Respectfully Submitted, — C. D is Wilson Seni r Architect Font esign Studio Ager for Ybarra Investments Authorisation for Font Design Studio to be the agent for Ybarra Investments. Steve Ybarra V.P. of Real Estate Ybarra Investments 1 Fonl Design Studio LLC , 3033 Chimney Rock Suite 601, Houston Texas 77056 713.493.9541 Conditional Use Permit Checklist Updated March 2015 APPLICATION CHECKLIST FOR THE FOLLOWING: Conditional Use Permit (CUP) aApplication and checklist, filled out completely and signed by the owner of the property. lie 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 (a) of the Unified Development Code (UDC). a Metes and Bounds Description (survey or plat of the property that provides or contains the metes and bounds description). Parcel map, printer from the City of Pearland website, indicating the location and boundaries of the subject property. IC/Letter of Intent, explaining the conditional use permit request in detail, specifying: o Proposed Uses: o Specific Operations of the use: o Square footage of buildings/lot sizes: o Unique characteristics of the property: o Other necessary information (list here): Site plan that shows the following: o Proposed layout of the subject property o Proposed buildings o Parking o Landscape plan o Detention ponds o Fences o Other relevant information (list here): EAcknowledgement 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. Page 1 of 5 Conditional Use Permit Checklist Updated March 2015 Additional Application Requirements for Telecommunications Towers, Antennas, and Shared Use on Existing Towers and Alternate Structures to be provided per Section 2.5.5.2 of the Unified Development Code ❑ An inventory of the applicant's existing towers that are either within the City or within one mile of the corporate limits specifying: o Location o Height o Design ❖ This information may be shared by the Planning Department with other applicants ❑ Site plans to scale specifying: o Location of tower(s) o Transmission building and other accessory uses, o Street access �\ o Parking o Fences o Landscaped areas o Adjacent land uses ❑ A report from a professional structural engineer licensed in the state of Texas documenting: \� o Tower and design, with a cross-section of the structure o Total anticipated capacity of the structure, including the number and types of antennas which can be accommodated ❑ Letter of Intent to lease excess space on the tower and to lease additional excess land on the tower site when the shared use potential of the tower is absorbed, if structurally ate. and technically possible. Each applicant must make good faith effort to substantially demonstrate that no existing towers could accommodate the applicant's proposed antenna by doing the following: ❑ Contact the owners of all existing towers of a height roughly equal to or greater than the height of the tower proposed by the applicant. o A list must be provided of all owners contacted, the date of the contact, and the form and content of the contact. Page 3 of 5 Conditional Use Permit Checklist Updated March 2015 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. Signature Date Page 5 of 5 2014 TAX STATEMENT RO'VIN GARRETT, PCC BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Certified Owner: Legal Description: YBARRA INVESTMENTS INC CREEKVIEW NO 2 (PEARLAND), BLOCK 4, LOT 2601 UNDERWOOD RD 1 LA PORTE, TX 77571-9477 Legal Acres: .4034 Account No: 3000-0032-000 Appr. Dist. No.:201940 Parcel Address:3404 E CIRCLE DR As of Date: 07/15/2015 Print Date: 07/15/2015 Market Value Appraised Assessed Capped Homesite Agricultural Non -Qualifying Value Value Value Market Value Land Improvement Value Value $12,300 $27,890 $40,190 $40,1901 $0 S0 $0- $40,190 Taxing Unit Assessed Value (100%) Code Exemptions Taxable Tax Amount Value Rate Tax BRAZORIA COUNTY $40,190 $0.00 $40,190 0.4385000 5176.23 Amount saved by additional sales tax revenue 840.86 SPECIAL ROAD & BRIDGE 540,190 S0.00 540,190 0.0600000 $24.11 PEARLAND ISO 540,190 $0.00 540,190 1.4157000 5568.97 BRAZORIA DRAINAGE DIST 4 $40,190 $0.00 540,190 0.1560000 $62.70 CITY OF PEARLAND $40,190 $0.00 540,190 0.7121000 5286.19 Exemptions• AMOUNT DUE IF PAID BY: 07/31/2015 187. 08/3112015 19% 09/30/2015 20% 10/31/2015 2l% 11/30/2015 22% 12131/2015 23% 50.00 50.00 50.00 50.00 50.00 50.00 01/31/2016 24% 02/29/2016 25% 03/31/2016 26% 04/30/2016 27% 05/312016 28% 06/30/2016 29% 50.00 50.00 50.00 $0.00 $0.130' $0.00 Total Tax: Total Tax Paid to date: Total Tax Remaining: $1,118.20 $1.118.20 50.00 (School Information: PEARLAND ISD 2014 M&O 1.0400000 1&S .37570000 Total 1.4157000 2013 M&O 1.04000001&S .37570000 Total 1.4157000 PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. Print Date: 07/15/2015 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 3000-0032-000 YBARRA INVESTMENTS INC 2601 UNDERWOOD RD LA PORTE, TX 77571-9477 4.1.57 11111iwmiu1wiirnn11 AMOUNT PAID: 30000032000 2014 072015 00000000000 00000000000 00000000000 1 2014 TAX STATEMENT Certified Owner: YBARRA INVESTMENTS INC 2601 UNDERWOOD RD LA PORTE, TX 77571-9477 Account No: 3000-0032-100 As of Date: 07/15/2015 Market Value Appraised Land Improvement Value $35,140 515,300 550,440 Taxing Assessed Unit Value (100%) RO'VIN GARRETT, PCC BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Appr. Dist. No.:201941 BRAZORIA COUNTY 550,440 Amount saved by additionl sales t,, revenue 551.28 SPECIAL ROAD & BRIDGE 550,440 PEARLAND ISD BRAZORIA DRAINAGE DIST 4 CITY OF PEARLAND 550,440 550,440 550,440 Exemptions: AMOUNT DUE IF PAID BY: 07/31/2015 18% 08/31/2015 19% 50.00 50.00 01/31/2016 24% 02/29/2016 25% $0.00 50.00 School Information: PEARLAND ISD Assessed Capped Value Value S50,440 Exemptions Code Amount $0.00 50.00 50.00 50.00 50.00 Legal Description: CREEKVIEW NO 2 (PEARLAND), BLOCK 4, LOT 2 Legal Acres: .4034 Parcel Address: Print Date: 07/15/2015 09/30/2015 20% 50.00 03/31/2016 26% 50.00 Homesite Value 10/31/2015 21% 50.00 04/30/2016 27% 50.00 SO Taxable Value Agricultural Non -Qualifying Market Value Value Tax Rate $50,440 0.4385000 S0, 550,440 0.0600000 550,440 1.4157000 550,440 0.1560000 550,440 0.7121000 Total Tax: Total Tax Paid to date. Total Tax Remaining: 11/30/2015 22% 50.00 05/31/2016 28% 50.00 2014 M&O 1.0400000 1&S .37570000 Total 1.4157000 2013 M&O 1.0400000 1&S .37570000 Total 1.4157000 PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. Print Date: 07/15/2015 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 3000-0032-100 YBARRA INVESTMENTS INC 2601 UNDERWOOD RD LA PORTE, TX 77571-9477 550,440 Tax 5221.18 530.26 5714.08 578.69 5359.18 $1,403.39 51,403.39 50.00 12/31/2015 23% 50.00 06/30/2016 29% 50.00 4.1.57 1101 1111111 j1111,111112111,11,11111111 AMOUNT PAID: 30000032100 2014 072015 00000000000 00000000000 00000000000 0 2014 TAX STATEMENT Certified Owner: YBARRA INVESTMENTS INC 2601 UNDERWOOD RD LA PORTE, TX 77571-9477 Account No: 3000-0016-000 As of Date: 07/15t2015 Market Value Land RO'VIN GARRETT, PCC BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Appraised Improvement Value $13,570 595,530 5109,100 Taxing Assessed Unit Value (100%) Appr. Dist. No.:201919 Assessed Value $109,100 Exemptions Code Capped Value BRAZORIA COUNTY $109,100 VTX, HOM Amount saved by additional sales T revenue 3.00 SPECIAL ROAD & BRIDGE 5109,100 VTX, HOM PEARLAND ISD 5109,100 VTX, HOM BRAZORIA DRAINAGE DIST 4 5109,100 VTX, HOM CITY OF PEARLAND 5109,100 VTX, HOM Exemptions: HOM HOMESTEAD VD( 100% EXEMPT VET AMOUNT DUE W PAH) BY: 07/31/2015 4% 08/31/2015 5% $0.00 50.00 01/31/2016 8% 02/29/2016 9% 50.00 ' 50.00 09/30/2015 5% $0.00 03/31/2016 9% 50.00 Legal Description: CREEKVIEW NO 2 (PEARLAND), BLOCK 2, LOT 3 Legal Acres: .4450 Parcel Address:3403 W CIRCLE DR Print Date: 07/15/2015 Homesite Value 50 5109,100 Taxable Value Amount 5109,100.00 5109,100.00 5109,100.00 5109,100.00 $109,100.00 10/31/2015 6% 50.00 04/30/2016 10% 50.00 Agricultural Non -Qualifying Market Value Value Tax Rate SO 0.4385000 50 50 50 $0 0.0600000 1.4157000 0.1560000 0.7121000 Total Tax: Total Tax Paid to date: Total Tax Remaining: 11/30/2015 7% 50.00 05/31/2016 11% 50.00 cbool Information: EARLAND ISD 2014 M&O 1.04000001&S 37570000 Total 1.4157000 2013 M&O 1.0400000 I&S 37570000 Total 1.4157000 PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. Print Date: 07/15/2015 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 3000-0016-000 YBARRA INVESTMENTS INC 2601 UNDERWOOD RD LA PORTE, TX 77571-9477 Tax $0 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 12/31/2015 7% 50.00 061302016 11% 50.00 4.1.57 1111q1j11111111ra1111vt111g AMOUNT PAID: 5 30000016000 2014 072015 00000000000 00000000000 00000000000 4 2014 TAX STATEMENT RO'VIN GARRETT, PCC BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Certified Owner. Legal Description: YBARRA INVESTMENTS INC CREEKVIEW NO 2 (PEARLAND), BLOCK 2, LOT 2601 UNDERWOOD RD 4 LA PORTE, TX 77571-9477 Legal Acres: .4450 Account No: 3000-0017-000 Appr. Dist. No.:201920 Parcel Address:3405 W CIRCLE DR As of Date: 07/15/2015 Print Date: 07/15/2015 Market Value Appraised Assessed Capped Homesite Agricultural Non -Qualifying Land Improvement Value Value Value Value Market Value Value $13,570 $75,450 S89,020 $89,020 50 589,020 50 SO Taxing Assessed Exemptions Taxable Tax Tax Unit Value (100%) Code Amount Value Rate BRAZORIA COUNTY 589,020 50.00 589,020 0.4385000 5390.35 Amount saved by additional sales tax revenue 390.50 SPECIAL ROAD & BRIDGE 589,020 50.00 589,020 0.0600000 $53.41 PEARLAND ISD $89,020 50.00 589,020 1.4157000 51,260.26 BRAZORIA DRAINAGE DIST 4 589,020 50.00 589,020 0.1560000 5138.87 CITY OF PEARLAND 589,020 50.00 589,020 0.7121000 5633.91 Exemptions: AMOUNT DUE IF PAID BY: 07/31/2015 18% 08/31/2015 19% 09/30/2015 20% j 10/31/2015 21% 11/30/2015 22% 12/31/2015 23% 50.00 50.0050.00 j 50.00 50.00 $0.00 01/31/2016 24% 02/29/2016 25% 03/31/2016 26% 1 04/30/2016 27% 05/31/2016 28% 06/30/2016 29% { 50.00 50.00 50.00 50.00 50.00 50.00 Total Tax: Total Tax Paid to date: Total Tax Remaining: 52,476.80 52,476.80 50.00 School Information: PEARLAND ISD 2014 M&O 1.0400000 I&S .37570000 Total 1.4157000 2013 M&O 1.0400000 1&S .37570000 Total 1.4157000 PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. Print Date: 07/15/2015 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 3000-0017-000 YBARRA INVESTMENTS INC 2601 UNDERWOOD RD LA PORTE, TX 77571-9477 4.1.57 11111101111111111111111111101111111111011011 AMOUNT PAID: 30000017000 2014 072015 00000000000 00000000000 00000000000 2 2014 TAX STATEMENT Certified Owner: YBARRA INVESTMENTS INC 2601 UNDERWOOD RD LA PORTE, TX 77571-9477 Account No: 0070-0017-000 As of Date: 07/15t2015 Market Value Improvement $ 1,051,560 Land 3280,960 Taxing Unit RO'VIN GARRETT, PCC BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Appr. Dist. No.:155184 Appraised Value 31,332,520 Assessed Value (100%) BRAZORIA COUNTY 31,332,520 Amount saved by additional sales tax revenue 31.354.60 SPECIAL ROAD & BRIDGE 31,332,520 PEARLAND ISD BRAZORIA DRAINAGE DIST 4 CITY OF PEARLAND 31,332,520 31,332,520 $1,332,520 Exemptions: AMOUNT DUE IF PAID BY: 07/31/2015 18% 0813112015 19% $0.00 30.00 01/31/2016 24• 02/29/2016 25% 30.00 30.00 School Information: PEARLAND ISD Assessed Value 51,332,520 Exemptions Capped Value Code 09/3W2015 20% $0.00 03/31/2016 26% $0.00 Legal Description: A0070 W D C HALL (PEARLAND), TRACT 8, CREEKVIEW, ACRES 1.290 Legal Acres: 1.2900 Parcel Address:2202 BROADWAY FM 518 Print Date: 07/15/2015 Homesite Value 30 Amount 30.00 50.00 30.00 $0.00 $0.00 Agricultural Market Value Taxable Value 10/31/2015 21• $0.00 04/30/2016 27% 30.00 Tax Rate Non -Qualifying Value 31,332,520 0.4385000 31,332,520 31,332,520 31,332,520 $ 1,332,520 0.0600000 1.4157000 0.1560000 0.7121000 Total Tax: Total Tax Paid to date - Total Tax Remaining: 1//3012015 22% $0.00 05/31/2016 28% $0.00 2014 M&O 1.0400000 1&S .37570000 Total 1.4157000 2013 M&O 1.04000001&S .37570000 Total 1.4157000 PLEASE CUT AT THE DOTTED LINE AND RETURN THIS PORTION WITH YOUR PAYMENT. Print Date: 07/15/2015 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 0070-0017-000 YBARRA INVESTMENTS INC 2601 UNDERWOOD RD LA PORTE, TX 77571-9477 31,332,520 Tax 35,843.10 3799.51 318,864.49 32,078.73 $9,488.87 337,074.70 337.074.70 30.00 12/31/2015 23% $0.00 06/30/2016 29% $0.00 4.1.57 IIf111111lil1A4rPj1M1111 AMOUNT PAID: 00700017000 2014 072015 00000000000 00000000000 00000000000 8 July 10, 2015 Revised August 05, 2015 Ian Clowes City Planner City of Pearland Planning Department RE: Gringo's Mexican Restaurant, 2202 E. Broadway, Re -zoning of Lots 1 & 2 Blk 4 & Lots 3 & 4 Blk 2, Creek View Subdivision, From R-1 to N.S. Also Re -plat of same combining the 4 lots with Gringo's to become one reserve. To whom it may concern, Ybarra Investments authorizes C. Davis Wilson, senior architect, and/or Ginevra Liquitay, president of Font Design Studio, to be agents for Ybarra Investments for the re -zoning and conditional use permit (CUP) and re -plat of the above referenced properties. The purpose of the re -zoning and C.U.P. are as follows: 1. Gringo's Mexican Restaurant is properly zoned and permitted as N.S. 2. Lots 1 & 2 Blk 4 were acquired for parking before demo of the Old Gringo's #1 and the parking was constructed just prior to and during construction of the larger, New Gringo's #1. The parking was approved by both the City of Pearland's City Coucil and Planning Department and properly permitted. For some reason, unknown now, C. Davis Wilson, architect, and/or the City of Pearland, overlooked re -zoning the two lots at that time. It is respectfully requested that the oversight be rectified by this re -zoning request and C.U.P. issued. 3. Lots 3 & 4 Blk 2, have recently been purchased by Ybarra Investments and is requested to be re -zoned to N.S. and a C.U.P. issued to add more parking for Gringo's #1, customers and citizens of the City of Pearland's, convenience. A. Gringo's sales have increased over the years. B. Creating more employees C. Creating innovative parking in and/on Gringo's landscape areas and residential buffers. D, Gringo's is having to rent the carwash space at night, for overflow parking. E. The other scenario is that when the customer can't find a legal parking space they leave and go elsewhere. If its Clear Lake City, Webster, Friendswood, or Houston, they get the sales tax, not the City of Pearland. I respectfully request that the City of Pearland combine Lots 3 & 4 Blk 2 with Gringo's and Lots 1 & 2 Blk 4 to make all of the lots one N.S. property. Simultaneous with the re -zoning and C.U.P., Ybarra Investments is re -platting the five lots into one reserve and the replat can be completed after the rezoning is approved and issue a C.U.P. Ybarra Investments authorizes the City of Pearland to post a sign on the properties for the purposes of the re -zoning, the C.U.P. and/ or re -platting. Thank you for the City of Pearlands' consideration if you have any further questions please do not hesitate in contacting us. Respectfully Submitted, !0170erld C. Dav Senior Font D Agent f Wilson rchitect sign Studio r Ybarra Investments Authorization for Font Design Studio to be the agent for Ybarra Investments. Steve Ybarra V.P. of Real Estate Ybarra Investments * Vb .\dMMo\D.MtW\91q>'• bolYrgVOINA0•1 91E PlANAboo potted by Own a1 2015-06-20 at a18 PM @ i —12 I SITE PLAN o_y 4C. 1orr D.W. 31151 i hid ani Ii i i :.^a 4 I %uft.4" rr.rc GRINGO'S #1i PARKING LOT ADDITION 902 C 11110000,1 yf.VSND IE1UrC MSS X41 e 6 : 1. r v , �� 1 Q w J U d' U 01 I,ANRS APE PLAN 3 giMUS.PLANTING GENERAL LANDSCAPE NOTES LANDSCAPE CALCULATIONS LANDSCAPE LEGEND 1 44, PLANTS SHALL SE FULL POT ARO NEA3 b NAETRICAL S. All AREAS NOT COVERED WITH CONCRETE SW1L.9e SOD WT.. FOLIAGE AND 9RJWCHNG STRJCTURE (SARI AGUSTIN, 1 CONTRACTOR SHALL LOCATE ALL UNDERGROUND Lino' ES 8 ALLOW FOR PNISNED GRADE AT EDGE OF WALKS ANO CURES TO 50K1R TO Ex CAVA -014 OR TRENC0NG. 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T ALL L NAVE PPE C INSTALLED FRONTED AND REOUwiIONJ INSTAL: NULCH TO ALL LANDSCAPE DCO$ 5TREET TIRFFRR (1• CALIPER PER 15' 0'OF STREET FRONTAGE) SYMBOL 0040.405 NAME $h PEAIARIL$ 0,EpU FRONTAGE RD 159.6L4 5115.0. - 1085• CALIPER. APFROL. A STREET TREES To -AL STREET TREES PRONGED . S E'RFET TREES $CREEMNG 5NRU85RfOUR,F40 (5 SHRUBS x TOTAL STREET TREE CALIPER I 0 IL . NE OAK S CAL PER L30 GALLON; 5'.10 PG' 53 SPREAD 9 CRAPE AMRTLE 11S CALIPER 1.0 LAN .LE10.4 J'.4.' SPREAD 1O 560508511055 •54 S551.1130524 10,AL SHRUBS 1%312'UEU -046144485 Ek�94�ED I1• CAJPER FOR EACH 5 SPACES I 00531 G LOT TRE RE DNARF CLEAACEL. 3148:4.00. 36 O0 TIE GHT 30 SPREAD 51 415PACESS. < 18A'C410.!REES NO%eTREES RKNG 4.0' TREES PRONOEO < 11 PNUxO LO' TREES ,ANDSCAPF AREA 1501:000.152 Me _ANOELAFF AREA PR0V9C0 .12 Sec s i r 05,1)92 SF a 317% Font Design C t ✓ d ! j Ntvfe:!:Y�!!L•y 1 mg 9RN•M_fp_{p14 R•9R A••w 2342 4004044+4 114.17 Omen .°nrOrll FOR ,' 44••••••••• .1.16040 CM O. PM :.04. 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