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Ord. 509-780 06-27-05
ORDINANCE NO. 509-780 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 12, SECTION 3, OF GARDEN ACRES SUBDIVISION, ABSTRACT 219, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2539 THELMA DRIVE) (APPLICATION NO. 1228) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF GLADYS DIAN LANE, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Gladys Dian Lane, owner, filed on April 11, 2005, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use as provided for in said Section 28, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A"; and WHEREAS, on the 16th day of May, 2005, 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 thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and WHEREAS, on the 1st day of June, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Gladys Dian Lane, owner, whereby the Commission recommended approval of the change of classification for the described 1 ORDINANCE NO. 509-780 property from its existing classification of Suburban Development District (SD) to Single Family Dwelling District (R-1); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on June 13, 2005; 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 Gladys Dian Lane, owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) is hereby zoned to Single Family District (R-1), such property being more particularly described as: Lot 12, Section 3, of Garden Acres Subdivision, Abstract 219, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Located at 2539 Thelma Drive) 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 2 ORDINANCE NO. 509-780 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. 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. 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. 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. VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509 and consistent with the approval herein granted for the reclassification of the herein above described property. 3 ORDINANCE NO. 509-780 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 13th day of June , 2005. ATTEST: UNC ITY •'CRETARY .,„\-„),121.g TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th day of June , 2005. ATTEST: • NG a'' I , T Y SEETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 APPLICATION FOR A CHANGE IN ZONING Please check one: Change in Zoning Classification from: j lJ (list current zoning) to: City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com r\-) (list proposed zoning) ❑ Specific Use Permit Request for : (list proposed use) Property Information: Address: g h1tt ;4 .S T Tax Account No. '2 v7 / — ©0 ` 000 Subdivision: H c1'4 lC5 Lot: / a Block: ** Attach a copy of the metes and bounds description, survey, or legal description*" Current use of property p (type of structures on property): 1� L Future/proposed use of property and reason for zone change: PROPERTY OWNER INFORMATION: NAME G-) S ID .14 .1 ADDRESS . 3 j (/' 71) Fes) mG,. CITY )C 1.1 d STATE C e-i/ c 45) 7 PHONE( _ -5) ) -1 ` .) L FAX( ��." • St APPLICANT INFORMATION: NAME ADDRESS ZIP 7 7.L) x,/ CITY STATE ZIP PHONE( ) FAX( ) E-MAIL ADDRESS ) e r, wee j a br'_cg)nDie ae E-MAIL ADDRESS PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: Date: Li— ) i - Agent's Signature: Date: OFFICE USE ONLY: PAID: i1 vi> PAID:DATE 41/11 f ) RECEIVED .f NUMBER:APPLICA / ***APPLICATION IS CONSIDERED INCOMPLETE -WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND THE APPLICATION FEE*** Updated 10-29-04 KAR'Y 1111111111111111 III II GARDENIA ST 11111111rJECT MIN 111111111 O 11111111 11>M1111" r (FM 518) em z v -a BROADWAY ST GA18 S4VO 1S3M RUBY DR LOCATION MAP Zone Change Application No. 1228 W+E 0 200 400 Feet 1 1 1 1 Map Prepared on April 26, 2005 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties firr-id; I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for issues, as follows: No. Date No. Date No. Date No. Date No. Date S.Jbscribe and sworn to before me this 20_0S_ LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 -27 .........: •e .....-....... • ......... : 20 . 20 20 20 20 President day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published April 27 and May 4, 2005 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 NO. 1228 Notice is hereby given that on May 16, 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Hams and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Gladys Dian Lane, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R- 1 ), on the following described property, to wit: Lot 12, Section 3, of Garden Acres Subdivision, Abstract 219, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Located at 2539 Thelma Drive) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/Theresa Grahmann Senior Planner AFFIDAVIT OF PUBLICATION APP The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published. in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. Date 2 20 OS - No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 QC day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published April 27 and May 4, 2005 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS !ONE CHANGE APPLICATION NO. 1228 Notice is hereby given that on May 16, 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Hams and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council T.hambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Gladys Dian Lane, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R- 1), on the following described property, to wit: Lot 12, Section 3, of Garden Acres Subdivision, Abstract 219, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Located at 2539 Thelma Drive) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. !s/Theresa Grahmann Senior Planner Playing & Zonin Commission Recommendation Letter June 1, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1228, a request by Gladys Dian Lane, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-1) Honorable Mayor and City Council Members: At their regular meeting of May 16, 2005, the Planning and Zoning Commission considered the request for a zone change from Suburban Development District (SD) to Single Family Dwelling District (R-1) on the following property: Legal Description: Lot 12, Section 3, of Garden Acres Subdivision, Abstract 219, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas General Location: Located at 2539 Thelma Drive Commission Member Ransom made a motion to recommend approval of the zone change request, which was seconded by Commission Member Greiner. The motion to approve was passed 6 — 0. The zone change was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission ZCA No. 1228 Page 1 of 1 ProlIncr , 7 p •n road Unit k eveloprrent City of V.oarlanori City Council 4J , Planning & Zoning Commission May, 2005 Submitted cr: behalf of ilie Maverick Group, 1....1). 7755 Conirn;arce Avenue Baton Roug .;. I A 70815 La% Engineering & S rveytngs, Enc. 292E Bricrperk Drive, Suite SC-0 Naustan, Texas 77042-37 3 Province Village Planned Unit Development City of Pearland. Texas 114 RECEIVED MAY 13 2005 Province Vfllage Planned Unit Development City of Pearland City Council x Planning & Zoning Commission May, 2005 Submitted on behalf of The Maverick Group, L.L.P. 7755 Commerce Avenue Baton Rouge, LA 70815 Prepared by Litt Engineering & Surveying, Inc. 2929 Briarpark Drive, Suite 600 Houston, Texas 77042-3703 pia 1 Province Village Planned Unit Development City o1 Pea -land. TAxnC Province Village Planner! Unit Develc prnent TABLE OF CONTENTS Executive Surnrttinry 8 T. Existing Conditions ..,,..... , ,,,. ..... ,,..4 • SITE DESCRIPTION. • SURROUNDING LAND USE DI• Project Objectives......., • PROJECT OVERVIEW • GOALS &. OBJECTIVES IIE. Project Ilescription ...,,... ..,...... „ ..,..,,0 : ...I..... SW. 4444.1.1. .................ti • AUTOMOBILE CIRCULATION • PEDESTRIAN CIRCULATION • AMENITIES/OPEN SPACE • GENERAL LANDSCAPE AND PERIMETER T'IdEATMEN7" R PROJECT" ARCHITECTURE IV. Quantitative Bata,,,,,,,,,;,,,,,,,;, V, Proposed Land Use Revisions and Regulatory Cornplilance,... ......,..... VI. Phasing and Development Schedule . ........12 VI8'.. Legal Description and Boundary Survey ,,.a,,,„, ....,.. x aarr. • Exhibit 1. AREA LOCATION..........5A • INFRA 2 - IDSI5T1NG • Exhibit 3 - TOPOGRAPHY ... ,.......SC • Exhibit 4 - EXISTING ZONING,... ..... • ExhINEt 5 - PROPOSED LAND USC.........SIA • FxblbR 6 . PROPOSED LAND USE ILLUSTRATING PEDESTRIAN. WALKWAY, Si ET TREES & SCREENING. SCHEMATIC,..,,,90 • Exhlh[1 7 . PROPOSED ZONING CATEGORIES BY LAND USE....... 9C E,ehlbit 8 - BOUNDARY SURVEY, ,........:18A • Table 1. - COMPOSITION OF LAND USE....,...,.1U • Table 2 ACERAGE PER LAND USE SUMMARY .......,,11 • Table - CONING DESIGNATIONS..... ...... 12 2 Iarovinc.e. Village I' Oily of Pearinnd, I ti LYnilt Davelopin,ilr Executive Summary The purpose of this planned unit development (PAD) application is to request the rezoning of a 47.65 acre silo in the City of Pearland for the purpose of developing a mixed -use project: consistent with the City's land development regulations. The site currently has four zoning designations. GB (General Business), R•2 (Medium Density Single Family), R-3 (High Density Single Family), and R-4 (Maximum Density Single Family).; As contemplated in the City's zoning orrilnance, the PUD designation will allow the development of a project which Is planned comprehensively and in a unitary fashion, and that will provide flexibility of development within a site that, because nt several physical constraints would challenge the ability to develop under the current zoning designations, The existing zoning resembles abstract bands running parallel to East Broadway (P.M, 518) that do not relate to any of the physlcal boundaries of the three tracts that make up the proposed Province Village RID (refer to Exhibit 4 — Existing Zoning). Tract One, a 1.5 acre tract that fronts Pearland Parkway has a 200' width of R-3 across the southern 1/3 of the site with the balance being zoned R-2, Tract Two, a 26,92 acre tract that Ports East Broadway has three bands of zoning, primarily GB and R-3, Tract Three, fronting Country Club Drive, the smallest of the tracts with 5.74 acres which roughly measures 100' iby 500', has a I50' width of R•3 ruining across the southern portion of the property with the balance being R.-4. It would be very difficult to develop Tracts One and Three within the existing zoning. Conventional zoning districts are typically bounded by a physical feature, existing land use or political boundary that offers a logical break from one zoning classification to another, Also, conventional zoning typically provides a hierarchy of residential densities when adjacent to commercial uses normally wllh the highest density residential (being placed next to the commercial with a transition to lower densities away from commercial. 'The piaaposed Province Jill/age PA/!) will consist of approximately 66 garden homes within two gated neighborhoods, an 84 unit townhome neighborhood, a 5 acre OP - Office Professional district yielding approximately 36,000 square feet and a 5 acre GB —General Business district. The residential yield will not exceed 150 singleafamlly units. By comparison, if developed by using the existing zoning yield is projected at 142 single-family units. This comparison assumes similar detention requirements. TI'Is comparison modeled DU/AC (number of units per acre) after similar average densities per lot size found in the Shadow Creek Ranch community, Fallowing more conventional zoning patterns the plan proposes the higher density townhorne neighborhood sidjat.ent to the GB district and the existing Lowes Center while placing the Garden Home sections In the rear portions of the property and adjacent to other existing single family neighboorhoods, The OP district separates one of the Garden Home sections from the existing Lowes Center, The proposed PUD provides 7 59 acres i f Common C1pen Space while only 3,1 acres is required.. The center of the project offers n F/x acre park, approximately 2.8 acres in Common Open Space supplemented with a trail system that provides connection to the Clear Creek Trail System as well as additional green space within each residential cell providing numerous recreational and social opportuinittes,'lie project will benefit the City by providing quality housing, commercial, and office/professfonai space with strong architectural schemes and tax revenues will be ;greater than those accrued horn the existing zoning. An addition an important segment of the collector street system will he provided with this proposed develoimaent. The proposed PUD shall comply with all ordinances of the Clty of Pearland, unless specifically mentioned in the PUD as being revised, including the Pearland Parkway Overlay District. 3 Proyhic ; `JAHop 9?annod EJrdi D vnlopnonl City! of Poelrignd, Fermi I,. Existing Cond'itio is $ATE IESCRIPTION The site of the proposed mixed -use development Is composed of three tracts - Tract One being a 15.00 acre tract situated on the west side of the overall site, Tract Two being a 2.6,92acre tract situated in the center of the overall site, and Tract Three being a 5,74 acre tract situated on the east side of the overall site. A 90' City of Pearriand drainage easement physically separates Tract One and Two while Clear Creek and an 80' I•IL P (CenterPoint Energy) easement physically separates Tract TWo and Three, Tract One is bounded on the west by Pearland Parkway, on the north by Clear Creek Park residential subdivision, and situated just north of the Lowe's Honie Center site located at. the corner of Pearland Parkway and East Broadway, Tract Two is bounded on the south by F,M, 518 (East Broadway), and on the east by a CenterPoint Energy substation (located to the southeast of Tract Two along East Broadway) and by an 80' HIL&P (CenterPoint Energy) easement along the east, and on the north by Clear Creek.The Lowe's Horne Center site Is situated west and southwest of Tract Two, Tract Three Is bounded on the east by Country Club Drive, on the west by the 80' HLB&P (CenterPoint Energy) easement and on the south by Clear Creek and on the north by a Clear Creek diversion channel easement, Currently the land is rural agriculture In nature, exhibit 1 _. Area Location that Illustrates the sites location within the City of Pearland. and Exhibit 2. - Existing Conditions that illustrates the three tracts comprising the site and Its relationship to surrounding land uses.. The proposed site is entirely within the City of Pearland corporate limits located near the intersection of Peariand Parkway and F',M, 518 (East Broadway), Refer to Exhibit 1 Area Location and Exhibit 2 - Existing Conditions, Tracts Orie and Two are relatively fiat, consistent with property of the region, with the exception of the northeast corner of Trott Two that is adjacent to Clear Creek. Tract Three has a more pronounced relief In topography. No wetland areas have been determined within the property. Tract One generally slopes to the east/northeast from elevation 43 to generally around PI Cs VRfri i. Plenre fihr �t r.',rl,nfl PYuam G1&valnpi'non; elevation 40. Near the 'northeast comer the slope Is more pronounced descendng to elevation 36. With the exception of a few trees around an old barn Tract One is void of vegetative cover. Tract Two gradually slopes from elevation 42 along the East Broadway frontage to elevation 40 within approximately 3001 of the northern boundary along Clear Creek. Within approximately 150' of the northern boundary the site slopes downward 12 to 14 feet with an elevation of 22 at Clear Creek along the northern boundary of the tract, There is 2,7 acres of Flood Plant within this area. While the majority of Tract Two €s open pasture and cultivated field there are trees and vegetative cover near the northern boundary where the property begins to slope toward Clear Creek as weil.as along some of the land adjacent to the HL&P (CenterPoint Energy) easement. Most of this cover is within the proposed detention area and it cannot be determined at this time if any of this material can be preserved... A small ridge makes a protrusion near the center of Tract Three nearing elevation 43 descending to elevation 32 along Country Club Drive to the east and elevation 37 along the west, adjacent the 80' WAR easement, The slope descends to elevation 34 along the south. boundary.. Tract Three has sorne limited tree and vegetative cover along the perimeter of Country Club Drive and the HL&P (Centerpolnt Energy) easement, $UItROIJNDZNG LAND USE Land Uses surrounding Province Vihage PUD Includes Clear Creels Park SingleFamily Residential to the north of Tract One, Green Tee Terrace Single,Famfly Residential and the Golfcrest Country Club to the north of Tract Three (both In Harris County),, low - density residential to the east, an M:L&P (CenterPoint Energy) substation to the. east/southeast of Tract Two, a General Business District (Victory Plaza) to the southeast of Tract Two fronting opposite side of East Broadway (FM 51t3), a non developed tract to the south of "Pract Two fronting opposite side of Gast Broadway that Is rural In nature, a General Business District (Rehoboth Acres) to the southwest of Tract Two fronting opposite side of East Broadway, a Commercial District. (Lowe's Home Improvement Center) to the west: of Tract Two and south of Tract One,, and a non -developed tract to the west of Tract One fronting the opposite side of Peariand Parkway that is rural In nature, In general, the East Broadway corridor is zoned prirnarliy GB - General Business 5 Pr�;rvli3c,� Vill�i)� € Innneci Jfl[ DR City o Peerf, ,id. a:rr4 41, °v. ay VAN .,ilswe DR 0 W 0,11 a re 4 r CRa a o o ' z —I 4. EXISTING CONDITIONS " r? t-'9 11 .17 n n 7.1 Fl9? ' n n F! ft n n n n 47.65 ACRES A(‘ irronn n,n ninn LL.LLLL. Lk I nr11,71 II k k k k TOPOGRAPHY TROPICAL. STORM ALLISON RECOVERY PROJECT 1 0 0 0 b 111 1 } District while the Pearland Parkway corridor is zoned R-2 and R-3 Residential. Refer to Exhibit — 2 Existing Conditions and Exhibit 4 — Existing Zoning. II„ Project Objectives !a'RO1ECT C _y K The proposed Province 141/oAe PUO consists of a 47,65 Acre mixed -use project. located within the City of Pearland, Texas, This application >Atas prepared on behalf of The Maverick Group, L.L.P, pursuant to the City of Pearland ordinances relating to Planned Unit Development (Pt1D). The purpose of the PUD is to encourage flexibility In the use and development of file land that has frontage both on Pearland Parkway as well as F.M. 51B (East Broadway), This proposal recognizes and will conform to regulations regarding lie Pearland Parkway Overlay (District, and all ordinances of the City of Pearland, unless specified in this application. The three parcels which comprise the 47.65acres are currently separated by a 90' City of Pcarfand drainage easement, Clear and an 80' HL&P (CenterPoint Energy) easement wh?ch traverses the slte generally in a north/south direction, Clear Creek also flows through the northeast part of the tract, separating tract two and three. Accommodating these easements, Clear Creek and detention. requirements Into a'workable land plan and valid project presents a unique challenge, even within a PUD designation. A goal of the PUD designation is to promote a more econonical and efficient use of the land. The PUD as proposed will con sfsl of GB •- General Buslness, OP —Office Professional a R4 — High Density Single -Family Residential. Approximately 16% of the overall land dedicated to parks, recreation, trails, open and green space, Approximately l21ii of the overall slte will be utilized for detention. QQQALS & OB,7ECTIVEs' The goals of the Pros fate WI/age PUD are to provide guldellnes far the creation of a planned development that provides community cohesiveness, flexibility of development, uniformity In building construction, long-term sustainability, orderly growth and desired visual results. Further, the goals reflect the flexibility to achieve a quality mixed nise development in a coordinated urban setting while promoting a more economical and efficient use of the land. its PBrnrince a )e b9ehnac1=jrnu City (tit °reu 9ai,a, _;�rrns r 1 1 1 1 b 1 D The goals and objectives will be achieved through' the implementation of a planning strategy designed to maintain flexibility In the market place. The go& is to provide retail and office opportunities within the East Broadway and Pearland Parkway corridors while providing single - Family residential within the Interior of the site enhanced by aesthetically pleasing open space, a trail system within recreational opportunities for the residents paired with a half acre park site and other neighborhood amenities, The projects character will be ensured through guidelines and controls for architectural and design aesthetics, open spice and landscaping, perimeter treatments and neighborhood amenities, such as sidewalks and neighborhood recreation spaces, Orderly growth will be achieved through this plan to ensure a completed project that Is consistent in character and content, providing residents, businesses, and visitors with a clear sense or community, The goals and objectives outlined in the following matrix are intended to facilitate a successful long-term development offering variety. Goal Objective • Rex ible Growth *Orderly Growth * Balanced Community * Long -terror Susta.inaWilly Provide the ability for flexibility In the development program to respond to market demands, Provide orderly and controlled growth via mechanisms that ensure thoughtful' application of flexible regulations. Provide compatible and functional land uses for employment:, shopping, living and recreationc't activities. Provide the certainty produced through land use controls, utilizing! the flexibility needed to respond to changes inthe market while creating a quality neighberboocr with associated amenities. P O II and Character or Community Provide consistent design standards, III. Project Description 411[ri fni Peryl AUTOMOBILE CIRCLILAT. LM Province Wage POD will have superior traffic mobility with frontage eion;g Pearland Parkway to the west and Country Cub Drive on the east. A proposed local collector will connect these two streets along an east/west alignment paral''Iei to East Broadway. This alignment of thls collector is centrally positioned to allow far excellent ingress/egress to each development cell, Collector width and design shall be approved by City.. At time of this application collector street parking was not anticipated or provided for. Collector Street construction shall be within Phase One if the. City elects to participate In the bridge improvements at this time. Otherwise, the developer may proceed with collector street construction In phases. The proposed 5 acre GB- General Business site adjacent to East Broadway, separated from the balance of the site by proposed residential uses, has excellent frontage across its entire width. The East Broadway at Pearland Parkway intersection provides excellent access to any location within the City as well as the region. Northbound Pearland Parkway provides easy access to Harris County and Beltway 8 (Sam Flouston Tollway), Westbound Broadway (FM 518) provides access to the older business area,. the Village District, and connects to Texas 288, the most prominent centrally (located. noth/south arterial thoroughfare within 8razoria County. Eastbound Broadway connects the site to the Galveston Bay area incluciing FrieaidswoodJBaybrook/Clear Lake and I-45, A -CIA will be provided'. for approval by the city, Certificate of Occupancy for the last phase will not be Issued until the collector street is compietedl from Pearland Parkway to Country Club Road with the bridge connection. PEDESTRIAN CIRCULATION The pedestrian circulation layout Is designed to integrate the lndivid'ual resddentlal neighborhoods wlt(ie providing easy access to the park and the centrally located Common Open Space outside of the Individual residential cells, The main public walkway Is 6'wide, located along the bothsides of the collector street. This walk runs completely through the site, along an east,/west axis and will connect with public sidewalks along Pearland Parkway. Walks airing Pearland Parkway will be constructed as: part, of this proposed development and will tie into the existing walk along. Pearland. Parkway, A 6' conventional Sidewalk will be constructed within the projects frontage on Country Club Drive, 'there riurrenlly is no existing sidewalk on Country Club Drive, These walks provide easy access to the Office Professional site within the project Si to designations outside of the project site. In addition a 4' walk, the trail wtll offfer a ilnk from the public walk to an 8' walk section for the r., Provii c WIpigi P(:dr,ncnd Unit } e;veaION o air proposed Clear Creek trail system. Compliance with the City of Pearland's typical sidewalk requirements will be maintained 'throughout. the balance of the project, completing the overall pedestrian nelwoth, Trall width and location of the Clear Creek Trail and connector trails to be approved by City of Pearland Parks Superintendent prior to construction. ARP NITI15. LQnL1$P'Act Open space acarunts for approximately 16% (±7,09 acre5) of the gross acreage within the RID. Also, the provision of open space and common areas within the individual residential cells (landscape reserves, recreational opportunities, etc.) will further-Increaseand enhance the property. Open space:' and park fess / dentition shall meet other city ordinances and city parks approval. GENERAL LANDSCAPE AND PERIMETER, TREATT The Province Wage PUD will be thoroughly landscaped along the streets and common areas. trees will be planted along' the collector sheet and along the frontage of Pearland Parkway and Country Club Drive according to City regulations. The project will 'have entry statements both at the Collector Street and Pearlannd Parkway Intersection and also at the Country Club Lane, intersection. Entry statements and sigrnrge shall meet City's requirements. TIie Individual residential cells will each have a boulevard entry and entry statement fully landscaped utilizing minimum of 2" caliper trees,shrubs, seasonal plantings and ground covers. These areas will be irrigated. The perimeter treatment of the residential cells Includes evergreen screening or areas outside of the individual lots and removed from the public street right-of-ways. In addition a G' height masonry screen wall will be constructed along the south property IncIof the OP - Office Professional site adjacent to the Lowes Center and along the western, southern, and eastern properly Ilene of the Tract TwoTownhome section. Two trees shall be planted lir long interior streets per lot, Maintenance of all open spaces, parks, trails, and open areas will be the responsibility of HOA or private entity and not the City's responsibility. PROJECT ARCUXI'ECTU RE F431141(16 WIN Plannrcl Unit De'/etai�anchl S D I IT D V NOS>OVi • (11111>D01) 404110."-- 4 4 4 4 1 g � gg 8; pp 1g 11 PROPOSED LAND USE 0,fd'LN/70.9 ' Ii -`�- �'•�t�e/✓mod PP Si • AP If ,R IsP 0 0 0 P fgo RPRO00000A A A ** 41409,, -lam Ct a, w. *:';";:4,'",z.i.....,....„..„......,...T.'07 ,,,,,,44.;" -.::' C.--) Frl tlit 3' 3 34 architecture thenme, 'This would include the entry statements and the OP — Office Professional architectural facades and elements,. Efforts will he made to Insure harmony the design. While actual design has not been initiated at this time several photographic examples of what the developer has constructed similar in nature to the proposed product are included to provide a sense of architectural direction for the project. Actual design far the Province Village POD may vary. to general, the architecture will consist of mostly masonry and glass facades of buildings as required by zoning regulations, Iv. Quantitative Dal The property Is proposed to be comprised of Office Professional. General Business and High - Density Single -Family Residential uses enhanced with open space and a pedestrian walk and frail system, Net and Gross densities are as follows: 'Tract -One - Gross Density = 4.83 DU/AC, Net Density = 5.36 DU/AC, Tract -Two - Gross Densities = 5.58 DU/AC, Net Densities ies 8.1 DU/AC; Tract -Three - Gross Densities 4,31 'DI.i/AC, Net Density = 4,83 Dti/AC. The uses are Illustrated! in Exhibit 5 — Proposed Land Use Plan, The following table lists land uses [Illustrated on the Proposed Land Use Plan, along with their respective acreages and percentage of the gross land area. Table 1 Iliu:strates the composition of land uses proposed by the Developer/Applicant, Table 2 provides breakdown of Land Use by Tract, Table 1. Composition of Land uses Overall Site — Land Use Acres General Business - GB CbisLrfet.................... ,,... ..,....,.. .S.p Office Professional -- OP District ., 5,13 Gated Garden Horne Residential — R4 :....... . ....... .,.....7.34s2 Townkonii s Residential - tt4 District .,,.,.,. .,,,...... ..:.,..,..,,31, 5'*z Detention Basiiv lteserwes .... .....,,..5.28 Park',, Recreation, Open & Gi een Spare ....... ... East,/West Local Collector Right -of -Way ,... ::...,..:.2.63arr Interior Street (Residential) Total Acreage ., ....,, ..,....,.... ......, 47.65 *'©ther (off -site Collector Right -of -Way).,. (Includes cresslag olr 911' City Of Pearland Drainage Easement 60" li L&P rast;nent) *2Exctudes interior street Right -of -Way, With Right-of-way of reside acreage included total would be 12.52 acres, t' r§,Jvmce Village d'tarrit. rani: f4ai-dr I:711y of Pnarlen d. Tiaxan 0 1 1 1 Table 2 - Acreage per Land Use Sawn ary ._........_._ Land Use Category Acrea Riis Ot Gross Acreage CONSTRAINTS ...... . 7,91 Ac 160/0 ()Hector Sret 2,3 Art Proposed firainage ratention Facility Tv 528 Ac C MMUNrrY ELEMENTS 7,59 Ac 16% Park Reserve 0,5 Ac It:meatier', Green & Open Spate 7..09 Ac SINPLE-EAMILY RESIDENTIAL — It4 PUD 22.52 480/0 NICE PROFESSIONAL - OP 5.13 10% GENERAL BUSINESS — GB 5.0 /0% ToTALS 47.65 Ac 100.IJ% V. Proposed Land Use Revisions and Regulatory Compliance In order to implement the proposed land use plan as currently proposed, each of the proposed land uses have been assigned zoning categories consistent with the current City of Pearland Zoning regulations. The proposed zoning differs somewhat from the 'zoning designations currently In place: for the parcels that comprise the proposed development. Refer to Exhibit 1 -- Existing Zoning and Exhibit 7 — Proposed Zoning Categories by Land Use. Land use. shall be regulated on a total acreage basis with a maximum density of 150 lots. Lot sizes to conform to PIJD. The percentage land use area change is required to ensure the success of the development by maintaining the flexibility to modify land use sizes- In response to changes In economic and market conditions, This will allow the project to remain competitive In the real estate market over the life of the development phases ancl the ability to make adjustments as necessary to accommodate specific end users In a timely manner. Flexibility of iand LISOS may be granted within the boundaries of the PUD, provided !hey are in I P rQuIFICO iiilL:4qo PI, plod q.104 1";iii, cif Flexibility of laird uses may he granted wilIin the boundaries of the IPUD, provided they are in compliance with the acreage restrictions referred to Above and otherwise conform to the City of Pearland regulations for such uses, The assigned zoning designation Table 3 — Assigned ning Designate lee total acreage for each are as follows: Land Use Acreage Zoning Design Hon Office Professional General Business 'S",Y3 Ac. 5,0 Ac, OP —Office Professional GB - General Business Parks, Recreation, Green or Common Open Space 7,09 Arc. PA Maximum Density 'single -Family Collector Streets 2163Ac, Addition collector Right -of -Way Dedication 0,53 Ac Proposed Detention Facilities 5.2E Ad. R-4 PUD Single -Family Residential E 22.52 Ac„ Total 47,65 Ac represents off -site Right -of -Way needed for Collector, excluded from Total Acreage, _Includes Tossing of 90' City of Pearland Drainage Easement and B0' rite (CeriterPoint Energy) Easement, VS, phasktig and Development schedule It is, anticipated that: Province Village PUD will be developed In pleases over a 3 year period with Residential Tract One anticipated within the Initial phasing and a: portion of the General Business parcel fronting East Broadway, However, I:he location and tinning of phases will be dependent upon market driven forces. At the time of this submittal It is the intent of the applicant to develop the office professional parcel as well as retaining some out parcels for the real estate market. Also, at this l me the applicant intends on provide street and infrastructure construction within the residential tracts marketing the lots to home building entities. The applicant does reserve the right; to market entire non -improved residential tracts to home building entitles. Maximum coverage of buildable area, either within the Office Professional, General Business, or Residential designated areas, for primary or accessory buildings, structures, or dwelling units shall comply with the City of Pearland regulations governing the base district. r'ro'iirce VliE,age P l4inned Una Oev0Ingufen t City Of Perrlhnd, Texas VI1, Legal Descr8,ptiot and Boundary Survey I_E¢AL DESCRIPTION Proviince Village P.U.D. consists of three parcels. As of the date of this application Tracts One and Two are owned by The Maverick Group, L.L,P„ 7755 South Commerce Avenue, Baton Rouge, Louisiana 70815, Tract Three is owned by T. & 13. Alexander Family, L,P„ General Partner: T. & B. Alexander Limited, Inc. The Maverick croup, iL.L,P. is engaged in active negotiations with 'I & B. Alexander Limited, Inc, with the Intent of purchasing Tract Three and Itais been authorized in writing as the agent representing T.& h. Alexander LlmRed, Inc:. for the inclusion or Tract Three In this PIJD application, (Notw Applicant' acknowledges that as part of the City's formai approval n.,' h/s PUP The ,'Thvanck Gruup LIA must se vie title to all parcels conrptrsla$ ors PUn). it 11 - Legal Description, city of Pearland, Province Village P.U.O. The following descriptions comprise 47.65 Acres, divided into three ;parcels. Tract One contains 15,00 acres, Tract Two contains 26..9158 acres with Tract Three containing 5,7375 acres, Tract One DESCRIPTION OF 15,000 ACRES Timer ONE Of a 15.000 acre tract of land out of the Dlssen called 136.95S acre tract, recorded in Volume 505, Page 86, of the Deed Records of Brazoria County, Texas, situated In the Thomas J, Green Survey, Abstract '198, Brazurla County, Texas, more particularly described by metes and bounds gas fciHows:. BEGINN[N'fa at ,1 5/tt inch Iron read set In the southeasterly line of Pearland Parkway (130' R.O.tr!1.) marking the westerly comer of herein described tract and the northerly corner of a re tract that bears South 62° 50' 53" East, 68.63' and North 45° 52' 02" East, 931 96' foam a 1/2-Inch iron rod found marking the west comer of aforesaid 136.955 acre Dissent tract. p i_g Mdl��r_['Idilnccl IJi ft vie lrrn'• City ni P ,laTirL 1 none, Aliso being In ithe northerly Ilne of IF!M. 51.8 {1.00' R,C).W,) and the centerline of said Pearland Parkway; THENCE North 45° 52' 02" East with the southeasterly line of pearland Parkway a distance of 649.29' to a 5/8•rndr Iron rod set marking the northerly: corner of herein described trait; THENCE South 62° 50' 53" East a distance of 1275,40" to a 5/8-Inhc Iran rod set in the northerly line of a 90' wide drainage easement to the City of Pearland, recorded In the Volume 87, Page 765, Official Records, marking the easterly corner of the herein described tract, THENCE South 73a 4637" West with the northerly line of said 90' drainage easemen distance of 60852' to a 5/8-Inch iron red set at an angle point In said easement for corner; THENCE South 67° 12 31" West continuing along said easement a distance of 163,33' a 5/8-Inch iron roc) set at an angle point in said easement for corner; THE.NCEi South. Sr 53' 48 West continuing along said easement a distance of 79.97'to a 5/8-Inch Iron rod) corner ol'aforesak marking the southerly corner of herein described tract, Also being the east 8,000 acre tract; THENCE North 62° 50' 53" West with the common line of saki 18,000 acre tract ancJ' herein described tract containing 15,000 acres or 653,400 stIrlcire feet of land. -Fract'ivvt, DESCRIPTION Or= 26.9158 ACRES TRAC.1.TWO Of a 26.91'38 acre tract of land in the Thorn as J, Greer Survey, Abstract 165, Elrazoria County, Texas and being a part of that certain 136,955 acre tract conveyed from Jennie J. iiny.p 'Della°ye ior,r ACl [)rut;) 'r lopn' i'sl is °aSgY. n d, iL^ik;f:• D 3, 2' 31 1 i. 3 0 0 0 Settegast, et all, to W.J. Dissen by Instrument retarded in Volume 505, Page 86 of the Deed Records of Brazoria County, Texas, more particularly described as follows; BEGINNING at a paint in the northerly line of P.M., 5.18 (BroadWay) marking the most southerly and beginning corner of herein described tract. that bears North 62° 50' 53° West, 347,72' from a 5/6-Inch :steel road found marking the southerly comer of aforesaid 136,955 acre dissent tract from said point beginning a found 3M-inch steel rod bears North 45° 05'l 47" East, 0,58' also being the westerly comer of a 1.955 acre tract conveyed to H.L. Bi P. C:ompany by Instrument recorded in Volume 1147, Page 19 of the Deed Records of Brazoria County; THENCE North 62° 50' 53" West with the northerly line of F.M. 518 and southerly line of said 136,955 acre tract a distance of 765.52' to 5/6-inch steel rod set marking the westerly corner :of herein described tract being the southerly corner of a 90' wide drainage easement recorded in Volume (87) Page 765 of the Official Records of Brazoria County, Texas; THElNCE North 45° 2348" East with the southeasterly line of said 90' easement a distance of 765,40' (called 765,02') to a 5/8-inch steel rod set an angle point in said drainage easement; THENCE North: 52° 53' 48" East with the southeasterty line of said drainage easement a clIstanc:e of 196,10' to a 5/8-inch steel rod: set at an angle point in said 90' drainage easement, THENCE North 67° 12' 31" East with the southeasterly [Inc of said drainage easement a distance of 146E37' to a 5/8-inch steel rod set at an. angle paint in said easement; THEN'CE North 73° 46' 37" East, with the southerly line of said drainage easement a clIstance of 589,1.0' to a 5/8-inch steel rod set al: an angle point in said easement, being the most northerly corner of herein described tract; THENCE South 46° 43' 39" East: with the southerly line of said drainage easement at 225.83" set al: a 5/8-inch steel rod for reference comer continuing for a total distance of 283.02' to a poll* on the centerline of Clear Creek for comer being on the Haub County and Brazorla County tine; THENCE along the centerline Of Clear Creek and county incEof the following courses and distances: Prco,onc.a InEra1410(1.. TivviV; fi South 08° 58 South 01° 58' 30, 34.90' Feel to an angle point for corner; South 1.5° 70' S7'r Easl;, 39,Ci9' feet to an angle point far corner; fe ban 1gle palnl: for corn South 19° 42" 333" East, 57.52' feet to angle point For corn South 14° 09' S2" East, 79,51' feet to an angle point for corner; South 14° 33' 54" East, 57,77' feet to an angle point for corner; South 17° 88' 04" East, 75.39' feet to an angle point for corner being in the northwesterly line of a 80' wide H,I.., & P, Cornpany transmission easement conveyed as Tract 2 by instrument retarded in Volume 1147, Page 19 of the Deed Records of Brazoria County, Tex:aS; THENCE South 45" 07' 16' West departing the centerline of Clear Creek n distance of 64,30' to a 578•Inch rod set; at an angle point for corner; THENCE South 45" 06' 05" West continuing along the northwesterly line of said 80' easement a distance. of 724.73' to a 3/4-loch steel! rod found for corner being the easterly corner of aforesaid H,L, fk P. Company 1.955 acre tract; THENCE North 44° Sri' 0'l" West with the northeasterly line of said 1.,955 acre tract a distance. of 280.00' to a 3/4-Inch steel rod found for corner being the, northerly corner of said 1.955 acre tract; THENCE South 4!5" 05' 47" West with the northwesterly line of sad 1.955 acre tract at 380,91' (called 381.19') pass a 3/4-inch steel rod found continuing for a total distance of 381,419' to z point of beginning of herein described tract containing 28.9158 acres of land. Subject to 2,7 acres more or less wMtbin the flood plain„ Tract Three DESCftT,PT1ON OF rr ee,reVirite 111E P marl I;nit it Gtty or Pee ,rl=sld. rojes; 5.7375 ACRES `FRAC'F THREE Of 5.7375 acres of land being situated in the W.D.C. Hall Survey, Abstr&t No. 23, Harris County, Texas, and being out a 460,92 acre tract being more fully described In 'Volume 1676, Page 362 of the Deed Records of Harris County, Texas, said 1.3366 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch Iron rod set for corner In the northwesterly right-of-way line of Country Club Drive, said iron rod bears North 37' 14' 08" East, a distance of 166,-33 feet from the intersection of the northwesterly right-of-way line of .said Country Club Drive and the described centerline: of Clear Creek; THENCE North 14° 10' 00" West along the easterly line of a residue of a 240 foot drainage easement, as recorded in Volume 2582, Page 164 of the Deed Records of Harris County, Texas, a distance of 101.60 feet to a 518-Inch Iron rod set for corner;. THENCE North 54° 56'Qd" West continuing along the easterly Mine of said residue, a distance of 241,07 feet to a 5/8-Inch iron rod set for corner; THENCE North C9° 49' 00" West contintifng elong ithe easterly line of said residue, a distance of 243.61 feet to a 5/8-inch iron rod set for corner In the northwesterly line of said 56B,92 acre tract, same being the southerly line of an 80 foot wide Houston Lighting & Power Company easement recorded in Harris County Clerk's File N©. D7:39468; THENCE North 45° 00' 30" East along the northwesterly line of said 468.92. acre Had and the southerly IncIof said 90 foot wide Houston Lighting & Power Company easement, a distance of 543.53 feet to a 5/8-Inch Aron rod set In the westerly line of a Harris County Flood Control easement; THENCE South O2" 00' 00" East along the westerly (line of said Harris County Flood Control easement, a distance of 27.78 feet to a 5/t3-Inch Iran rod set for the beginning al' a curve e left; MC01 0 b 0 d THENCE with sald curve to the deft, having a radius of 595.0p feet, a central angle of 42" 59' '31", an arc length of 446,46 feet, a chord bearing of :South 23° 29' 43" East and: a chord distance of 136.06 feet hW a 5/8-Inch Iron rod set for a point of tangency; THENCE South 44'" 59' 30" East, a distance of 27.41 feet to a 5/8-finch Iron rod set for corner on the northerly right-of-way line of County Club Drive (based on a 80,00 foot wide right - al); THENCE South Club Drive, a distance the herein described tract of land. 7 4' 08." West along the northwest right-of-way [Inc cr said Country 36 feet to a 5/8-Inch Iron rod set for the PLACE OF BEGINNING of nd containing within these calls 249,925 square feel: or 5.7375 acres Note: This document was prepared under 22 'LAC § 5 results of en on -the -ground survey and Its not to he used property except those rights and interests imp/led reconfiguration of the boundary of the political subdivision rBOLNOtA'RY SURVEY Refer to Exhibit 6.. Bound Ir. F7r. wusx i+ rHUHri,l CM.y of I :;;0,I: I,.d, re.; i 3;2:1, does not necessarily reflect the to convey or establish interests in real or established by the creation or for which It was ,prepared, Survey on the Following page. a :OM 92,t r I. I • . ' I I 1 .1 ". 2 / / 1 1 3 I , 4",/,.# .., , pArttoli /4 ..„„, 3 / , a / p4. , 1,1 / / , / , ., 1 / , 1_, e r / I ft 1 r ii 413, / ,...040,0K X4•4.371,..ZIo44 / 141 f k i 'iltref1V ' li / 1 ,a‹..., .I 3 , , .m..-.. 1 SP 13: f 1 : 1 , , , . 1 , ',ex* AL51 TV.i.-. / ttC 0 IZ fkl.1 Q , . . : / i ;.., i : I 1 10i KAP 11 f FEET • EXHIBIT 8 PROVINCE VILLAGE PUD 47.65 ACRES BOUNDARY SURVEY ENGINEERING Plopping Group MARCH 2033 STIVERS JACKS D WHARTON'JAMES ANDRES &SARAH'MORRIS - ADMIRAL HOMES INC _GA ' ' ' NIA-ST LANDIS THOMAS E & JUDY G 1511 !El OSTEEN ROBERT L I 1 , OSTEEN ROBERT L r pp. GANA LUCAS D --------BROADWAY-ST------- m cn W T CIL�1 MOTAMEDI MASSAUD:. SUBJECT PROPERTY 200' NOTIFICATION LIMITS' 11 `MOTAMEDI MASSAUD GANA LUCAS D FORSTER HAROLD E & STEPHANIE J fi 0 l� I —.10SEP-IINE-ST-- — — — _tEM-51-8) — OWNERSHIP MAP Zone Change Application No. 1228 W+E 0 200 400 Feet 1 1 1 1 1 Map Prepared on April 26, 2005 PROP ID OWNER ZONE CHANGE APPLICATION NO. 1228 Property Owner Notification List ADDRESS CITY ST ZIP CODE LEGAL DESCRIPTION R211153 ADMIRAL HOMES INC 4042 QUAIL RUN DR PEARLAND TX 77584 GARDEN ACRES (A0219 H T & B R R), LOT E S/2 SEC 3 R211170 LANE GLADYS D 2539 THELMA ST PEARLAND TX 77581-7082 GARDEN ACRES (A0219 H T & B R R), LOT 12 SEC 3 R211172 MOTAMEDI MASSAUD & FIROOZEH SAHEBKAR 2538 O DAY PEARLAND TX 77581 GARDEN ACRES (A0219 H T & B R R), LOT 13-14 SEC 3 R211154 OSTEEN ROBERT L 2550 THELMA ST PEARLAND TX 77581-7081 GARDEN ACRES (A0219 H T & B R R), LOT 4-5-6 SEC 3 R211167 GANA LUCAS D 2603 THELMA ST PEARLAND TX 77581-7774 GARDEN ACRES (A0219 H T & B R R), LOT 10-15 SEC 3 R211157 STIVERS JACKS D 2530 ODAY RD PEARLAND TX 77581-3109 GARDEN ACRES (A0219 H T & B R R), LOT F SEC 3 R211152 WHARTON JAMES ANDRES & SARAH MORRIS 2531 THELMA ST PEARLAND TX 77581-7082 GARDEN ACRES (A0219 H T & B R R), LOT El E/2 SEC 3 R211148 LANDIS THOMAS E & JUDY G 6204 GARDENIA RD PEARLAND TX 775$1 GARDEN ACRES (A0219 H T & B R R), LOT D SEC 3 R211172 MOTAMEDI MASSAUD & FIROOZEH SAHEBKAR 2538 O DAY PEARLAND TX 77581 GARDEN ACRES (A0219 H T & B R R), LOT 13-14 SEC 3 R211154 OSTEEN ROBERT L 2550 THELMA ST PEARLAND TX 77581-7081 GARDEN ACRES (A0219 H T & B R R), LOT 4-5-6 SEC 3 R211169 FORSTER HAROLD E & STEPHANIE J 2551 THELMA ST PEARLAND TX 77581-7082 GARDEN ACRES (A0219 H T & B R R), LOT 11 SEC 3 R211167 GANA LUCAS D 2603 THELMA ST PEARLAND TX 77581-7774 GARDEN ACRES (A0219 H T & B R R), LOT 10-15 SEC 3 R211154 OSTEEN ROBERT L 2550 THELMA ST PEARLAND TX 77581-7081 GARDEN ACRES (A0219 H T & B R R), LOT 4-5-6 SEC 3 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF MAY 16, 2005 Zone Change Application No. 1228 TO: City Council Planning and Zoning Commission SUBJECT: A request by Gladys Dian Lane, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Single Family Dwelling District (R-1) LEGAL Lot 12, Section 3, of Garden Acres Subdivision, Abstract 219, DESCRIPTION: H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Located at 2539 Thelma Drive APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: May 16, 2005 City Council for First Reading: June 13, 2005 City Council for Second Reading: June 27, 2005 SUMMARY: The applicant is requesting a change in zoning on the subject property for single family residential uses. The subject property was annexed into the City in 1995 and subsequently zoned SD. The subject property is currently developed with a single family residence. The applicant has indicated that the purpose of the zone change is to bring the subject property into conformance with the Land Use and Urban Development Ordinance. The applicant is not proposing any additions or modifications to the subject property at this time. ZCA No. 1228 Page 1 North South East West SURROUNDING ZONING AND LAND USES: Zoning Single Family Dwelling District (R-1) Suburban District (SD) Suburban District (SD) Land Use Single family residence Development Single family residence Development Single family residence Single Family Dwelling District (R-1) Single family residence CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting an R-1 zoning district. The minimum lot size for the R-1 district is 8,800 square feet and the minimum lot width is 80 feet. The subject property in its present configuration meets these minimum requirements, as the subject property is approximately 120 feet wide and approximately 20,000 square feet in size. PLATTING STATUS: The subject property was platted as part of the Garden Acres subdivision. No further platting will be required at this time. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "Low Density Residential" for the subject property and for many of the surrounding properties on Thelma Drive. The Comprehensive Plan further indicates that the appropriate zoning districts for "Low Density Residential" are the Estate Lot Single Family Dwelling District (R-E) and the Single Family Dwelling District R-1. Therefore, the proposed zone change conforms to the Comprehensive Plan. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Thelma Street, a local/residential street. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: There is currently City water and sewer service available for the subject property. ZCA No. 1228 Page 2 IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Many of the lots in the vicinity of the subject tract are zoned for single family residences, as R-1. Some of the lots that are still zoned as SD are developed with single family residences. Therefore, the proposed zoning for R-1 is consistent with existing development and zoning districts within the area. The property directly to the east of the subject property is currently developed with a single family residence, although zoned SD. The properties to the east of the subject property, along O'Day Road, are designated for "Garden O'Day Mixed Use" districts ' in the Comprehensive Plan. The mixed use district to the east has the potential to develop with mixed uses, including single family residential, office uses, or retail and commercial uses. PUBLIC. COMMENTS: Public notice/comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published in the local newspaper, and a Zoning Sign was placed on the subject property. STAFF RECOMMENDATION: Staff recommends approval of the zone change for R-1, as proposed by the applicant, for the following reasons: 1. The proposed zone change provides for an 'RA lot, consistent with Low Density Residential as recommended by the Comprehensive Plan, thereby being in conformance with the Comprehensive Plan. 2. The proposed zone change is consistent with existing R-1 zoning districts within the subject areas, as well as being consistent with existing single family residential uses within the subject area. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan ZCA No. 1228 Page 3 ZONING MAP Zone Change Application No. 1228 N W _� E 0 200 400 Feet I 1 1 I I I s Map Prepared on April 26, 2005 FUTURE LAND USE PLAN Zone Change Application No. 1228 N W�E s 0 I 1 200 I i 400 Feet l Map Prepared on April 26, 2005