Ord. 2000M-181 2019-04-22 Ordinance No. 2000M-181
An Ordinance of the City Council of the City of Pearland, Texas, amending
Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the
purpose of changing the classification of certain property, Being a 22.86 acre
tract of land out of a portion of Lots 28, 33, and 39 of W. Zychlinski's
Subdivision, recorded in Volume 29, Page 41, of the Brazoria County Deed
Records, located in the H.T. & B. R.R. Co. Survey, Abstracts 232 and 542,
Brazoria County, Texas. (southwest corner of North Main Street and Rice
Drier Road) Zone Change Application No. ZONE 19-00003, a request by
Presidio Equities, LLC, applicant and owner; for approval of amendment to
the Rice Drier Commerce Park Planned Development District
regulations regarding the minimum building size; on approximately 22.86
acres of land; providing for an amendment of the zoning district map;
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Presidio Equities, LLC, applicant and owner; is requesting approval
of amendment to the Rice Drier Commerce Park Planned Development District
regulations regarding minimum building size; on approximately 22.86 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 18th day of March 2019, 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 19th day of March 2019, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed amendment to the regulations of the Rice Drier Commerce Park Planned
Development District regarding the minimum building size on approximately 22.86 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 8th day of April 2019 and
the 22nd day of April 2019; 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 Presidio Equities, LLC, applicant and owner; for approval of
amendment to the Rice Drier Commerce Park Planned Development District regulations
regarding the minimum building size; on approximately 22.86 acres of land; presented
which, in the judgment of the City Council, would justify the approval of said application;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently being located within the Planned
Development zoning district, is hereby granted approval of amendments to the text
within the Rice Drier Commerce Park Planned Development District regarding minimum
building size, and the Rice Drier Commerce Park amendment #2 attached hereto and
made a part hereof for all purposes as Exhibit "E", in accordance with all conditions and
Page 2 of 9
Ord. No. 2000M-181
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 a 22.86 acre tract of land out of a portion of Lots 28, 33, and 39 of W.
Zychlinski's Subdivision, recorded in Volume 29, Page 41, of the Brazoria County
Deed Records, located in the H.T. & B. R.R. Co. Survey, Abstracts 232 and 542,
Brazoria County, Texas.
General Location: southwest corner of North Main Street and Rice Drier Road,
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
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Ord. No. 2000M-181
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 8th day of April,
2019.
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TOM REID
MAYOR
ATTEST:
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd
day of April, 2019.
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TOM REID
MAYOR
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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Ord. No. 2000M-181
Exhibit A
Legal Description
Being a 22.86 acre tract of land out of a portion of Lots 28, 33, and 39 of W. Zychlinski's
Subdivision, recorded in Volume 29, Page 41, of the Brazoria County Deed Records,
located in the H.T. & B. R.R. Co. Survey, Abstracts 232 and 542, Brazoria County,
Texas.
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Ord. No. 2000M-181
Exhibit B
Vicinity Map
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Exhibit 2
Future Land Use Plan
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ZONE 19-00003
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Page 6 of 9
Ord. No. 2000M-181
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: ZONE 19-00003
Notice is hereby given that on March 18, 2019, 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 Presidio Equities, LLC, applicant and owner. for approval of a zoning
change to amend the Rice Drier Commerce Park Planned Development District;
on approximately 22.86 acres of land, to wit:
Legal Description: Being a 22.86 acre tract of land out of a portion of Lots 28,
33, and 39 of W. Zychlinski's Subdivision, recorded in Volume 29. Page 41 , of
the Brazoria County Deed Records. located in the H.T. & B. R.R. Co. Survey,
Abstracts 232 and 542, Brazoria County, Texas.
General Location: Southwest Corner of North Main Street and Rice Drier Road,
Pearland, Texas.
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.
Mohamed A. Bireima, AICP
Planner II
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Ord. No. 2000M-181
Exhibit D
Planning and Zoning Commission Recommendation Letter
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Planning & Zoning Commission
Recommendation Letter
March 19, 2019
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 19-00003
Honorable Mayor and City Council Members:
At their regular meeting on March 18, 2019, the Planning and Zoning Commission
considered the following:
a request by Presidio Equities, LLC, applicant and owner; for approval of
amendment to the Rice Drier Commerce Park Planned Development District
regulations regarding the minimum building size; on approximately 22.86 acres of
land.
General Location: southwest corner of North Main Street and Rice Drier Road,
Pearland TX.
Commissioner Starr made a motion to approve. Commissioner Cade seconded the
motion. There was no additional discussion. The motion was approved by a vote of 6-0.
Chairperson Tunstall, Vice-Chairperson Duncan and Commissioners Cade, Isenberg,
Starr, and Wicker were in favor of the motion.
Sincerely,
Martin Griggs
Planning Manager
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Ord. No. 2000M-181
On behalf of the Planning and Zoning Commission
Page 9 of 9
Ord. No. 2000M-181
Exhibit E - Planned Development Document
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January 8, 2019
Project: Rice Drier Commerce Park
Document: Planned Development Outline
A-Project Introduction:
1) Subject Property
The existing property is a series of vacant tracts along the west side of North Main Street/State
Highway 35 (SH 35).The primary property stretches from: Halik Road on the North,to the
drainage ditch on the South; and from the railroad tracks,to the SH 35 ROW.The "detention
reserve" parcel is adjacent to the Southern drainage, "Lot 2"from the detention parcel to Rice
Drier, "Lot 1"from Rice Dryer to Hailk Rd and "Lot 3"a rectangular parcel provides connection
from the Lot 2 parcel to the SH 35 frontage.The surrounding properties are commercial and
industrial in land use. Based in the Pearland Zoning Map,the adjacent properties are zoned as:
M-1—Light Industrial, GC—General Commercial, or PUD—Planned Unit Development(West of
the train tracks).
2) PROPOSED DEVELOPMENT
The proposed development,titled Rice Drier Commercial Park, would provide for commercial
and light industrial land uses with a General Commercial District designation.The commercial
development is proposed for the parcel along the SH 35 frontage.The light industrial facilities
are proposed in the western portion of the site,gaining access from Rice Dryer Road and Halik
Road.The buildings will either be custom built, or built on speculation, in phases, acquiring
tenants over time.
3) DESCRIPTION OF AREA
The proposed development is the combination of two properties,to be partially combined and
platted,the description of which follows:
1) Being Lots 1, 2,3, and detention reserve, a 22.8627 acre tract of land out of a portion of Lots
28, 33, and 39 of W. Zychlinski's Subdivision, recorded in Volume 29, Page 41,of the
Brazoria County Deed Records, (B.C.D.R.), located in the H.T. & B. R.R. Co. Survey,Abstracts
232 and 542, Brazoria County,Texas.
4) PURPOSE STATEMENT
The purpose of this development is to establish a plan to optimize the available land for
commercial traffic patterns near SH 35, and light industrial traffic patterns on Rice Dryer Road.
'M-1' will be combined with the 'GC' district to allow for general business and retail and light a
industrial establishments on the parcel frontage on SH 35 corridor and "M-1" district on the a
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back parcels with frontage on Rice Drier Road and Halik Road. Higher standards are included to
create a quality business park in the "M-1" district.
5) COMPREHENSIVE PLAN
The proposed PD specifically addresses sections 5 (Economic Development) and 7 (Land Use and
Character) of the Comprehensive Plan. By allowing the`GC' district requirements to be
combined with the 'M-1' district,the development will allow for additional revenue generating
businesses, as well as an enhanced aesthetic for the SH 35 corridor.This enhanced aesthetic and
ability for small business growth are harmonious with the development of the Old Townsite
district to the south and the development of the SH 35 corridor.
6) APPLICABILITY
The proposed PD meets the requirements of 3,4,6, and 7, under the applicability section 2.2.2.1
(b)of the UDC.The land is proposed as a major commercial and industrial center located just
north of the Old Townsite Business District.The existing'M-1' district is limited in use, and not in
keeping with the commercial type development along SH 35. Combining the 'M-1' district with
'GC', on the parcel with frontage on SH 35,will allow for a more flexible mixed use type
development as well as enhance the aesthetic of the SH 35 corridor.
B—Zoning and Land Use
1) The entirety of both previously described properties is currently zoned as'M-1' district.
2) The UDC development standards shall be applied to the areas as designated below:
A) The 'GC' district, with the 4.3485 acre, Lot 3 (Phase 1)fronting SH 35 to be designated as
'GC' only.
B) The 'M-1' district fronting Rice Drier Road and Halik Road., 14.339 acres, Lot 1 and 2 (phase
2)to be 'M-1' only.
C) Land Use Summary Table: Based on current design plans, re: Exhibits A, B, D, and E.
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USE-Site Development ACRES PERCENTAGE OF TOTAL ZONING DISTRICT
(Phase 1) ACRES
Detention 3.8517 acres 16.8% (of 22.8627 acres) 'GC'
USE-Phase 1, LOT 3 ACRES PERCENTAGE OF TOTAL ZONING DISTRICT
ACRES
Building Area- .739 acres 17.0%(of 4.3485 acres- 'GC'
Phase 1 phase 1) J
Landscaped Area- .82 acres 18.9% (of 4.3485 acres- 'GC'
Phase 1 phase 1) i
Internal Pedestrian .085 acres 2.0%(of 4.3485 acres- 'GC'
Walks-Phase 1 phase 1)
Internal Streets- 2.71 acres 62.3%(of 4.3485 acres- `GC'
Phase 1 phase 1)
USE-Phase 2, LOT 2 ACRES PERCENTAGE OF TOTAL ZONING DISTRICT
ACRES
Building Area- 2.86 acres 19.9% (of 14.339 acres- 'M-1'
Phase 2 phase 2)
Landscaped Area- 8.19 acres 57.1% (of 14.339 acres- `M-1'
Phase 2 phase 2)
Internal Pedestrian .126 acres 0.8% (of 14.339 acres- '1\A-1'
Walks-Phase 2 phase 2)
Internal Streets- 3.23 acres 22.5% (of 14.339 acres- 'M-1'
Phase 2 phase 2)
USE-Total ACRES PERCENTAGE OF TOTAL
ACRES
Detention 3.8517 acres 16.8% (of 22.8627 acres)
Building Area 3.599 acres 15.7%(of 22.8627 acres)
Landscaped Area 9.01 acres 39.4%(of 22.8627 acres)
Internal Pedestrian .211 acres 0.9%(of 22.8627 acres)
Walks
Internal Streets 5.94 acres 26.0% (of 22.8627 acres) m
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3) The permitted uses for the development shall be as listed in Exhibit J for Use List. Phase 1(4.34
acres) accessible from SH 35 shall conform to 'GC' designated uses. Phase 2 (14.339 acres)
accessible from Rice Drier shall conform to 'M-1' and 'GC' designated uses. Refer to "Exhibit A"
for phase plan and "Exhibit J".
C—Design Standards
1) Signage and landscaping are to be a focal point for the increased aesthetic of the PD.
a. Signage:
i. Ground Signs—All signage will meet the UDC requirements and additionally all
signs shall be of masonry construction consistent with the building design, re:
exhibit H.
ii. On-Premise Attached Signs—All signage will meet the UDC requirements.
b. Landscape:
i. Street Frontages—Phase 1 (GC) shall conform to the Corridor Overlay District
(COD) requirements, including 30' setback along SH 35. Phase 2 (M-1),trees
along street frontages shall be required to be installed at one caliper inch (1")
per 10 feet of frontage in-lieu of the one caliper inch (1") per 15 feet of frontage
per the UDC guidelines. See attached exhibits F/G.
ii. Screening of parking areas and outdoor storage visible from the roadway—
Phase 1 (GC) shall conform to the Corridor Overlay District(COD) requirements.
Phase 2 (M-1), parking screening shall conform to UDC standard. Outdoor
storage screening to be provided,vegetative screening to be planted by
shrubbery at a minimum 3' at planting spaced 3'from center. Lot 2 will provide
screening for the entire eastern property line if outdoor storage areas are
provided. See attached exhibits F/G.
iii. Interior parking areas—parking area trees shall be required to be placed within
65' of all parking spaces, in lieu of the 100' required by the UDC.See attached
exhibits F/G.
iv. Side yards—trees shall be required to be placed in side yards, of the 'GC'
portion of Phase 1, at one caliper inch (1") per 20' of property line.See exhibits
F/G.
v. Irrigation for landscaped areas along front property lines, parking areas, and
outdoor storage areas—Irrigation to be provided for all those landscaped areas
vi. Fencing—Fencing in the front yard shall be set back a minimum of 10"from the
front property line. No barbed or concertina wire allowed. Electrical fences are
allowed as long as they have landscaping in front of the fencing material.
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2) The design plan and attached exhibits are intended to be a general representation of the intent
of the PD. Below is a breakdown of the items that are intended to be specific and general.This
list is not intended to be comprehensive, but an overview of the intent of the PD.
a. Exhibit A—Design Plan—General—This plan has been laid out and coordinated with
code requirements. Actual buildings constructed may vary in size from the buildings that
are shown, but design intent is consistent with what is to be constructed. Buildings are
to be no less than 3,000 sf and no greater than 150,000 sf to be located on Lot 1 or 2.
i. Areas designated as outside storage shall be screened from adjacent properties
per above section C. 1) b. II.
ii. Overhead electrical shall be run along the edge of the property, and then
underground to the buildings.
iii. Fencing to comply with the above section C. 1) b.vi.
b. Exhibit B—Open Space Plan—General—As noted above,this plan represents the
landscape and open areas that are intended to be designed, but areas may vary based
on the final building size.
c. Exhibit C—Amenity Plan—General—This plan is intended to show general areas and
design features that are proposed, but does not include any specific design details or
specifications.
d. Exhibit D—Phasing Plan—Specific—This plan shows the extents of planned phase 1,
which includes the detention for the entire development, as well as construction of
buildings in the designated 'GC' district.
e. Exhibit E—Phasing Plan—Specific—This plan shows the extents of planned phase 2,
which includes the construction of buildings in the designated 'M-1' district.
f. Exhibit F—Landscape Plan—General—This plan shows the intent of the landscape
requirements for the 'M-1' district, phase 2. While there are specific species of trees and
shrubs noted,the plan shows intent only, and is not meant to be final.
g. Exhibit G—Landscape Plan—General—This plan shows the intent of the landscape
requirements for the 'GC' district, phase 1.While there are specific species of trees and
shrubs noted,the plan shows intent only, and is not meant to be final.
h. Exhibit H—Schematic Building Plans—Specific—These plans, elevations, and renderings
represent the buildings that are intended to be constructed.The size of the buildings
may vary slightly to match the sizes listed in exhibit A, but all design elements are
represented as they are intended to be included on the final building designs.
i. Exhibit I—Schematic Building Plans—General—Actual buildings constructed may vary in
size from the buildings that are shown, but design intent is consistent with what is to be
constructed.
i. Masonry Facade for buildings between 3,000 and 35,000 sf will provide for a
minimum 25%of the exterior,to be placed near entrances adjacent to and
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ii. Office areas will vary from a minimum of 10%to a maximum of 50%of the
buildings, dependent on the needs of the tenant.
3) Below is a table listing deviations from standards in the base zoning districts:
`M-1'/ Current Regulations Proposed Regulations
'GC'
Ground signs—to meet all standard size PD proposes additional restriction to include
and placement requirements of the masonry construction for ground signs.
UDC.
On-premise attached signs-to meet all PD proposes additional restriction regarding style
standard size and placement —All attached signs to be pin-mounted or
requirements of the UDC. channel letters or logos and are to be back, or
internally lit. No wall cabinets will be permitted.
Street Trees—one caliper inch (1") per PD proposes one caliper inch (1") per 10' of
15' of street frontage street frontage. (Phase 2- M-1 parcels only)
Interior parking areas—every parking PD proposes every parking space to be within 65'
space to be within 100' of a parking area of a parking area tree.
tree.
Side yards—no tree requirement PD proposes one caliper inch (1") per 20' of
currently listed property line.
COD Facade Standards-Articulation— PD proposes to provide articulation requirement
break up mass through offsets, provide along the main facade(s) of buildings(s)facing
shading to cast shadows for visual relief south fronting PISD administration building
instead of the requirement (west facade which
PRfaces SH35). See "Exhibit H"
COD Facade Standards—Materials— PD proposes to allow a maximum of 25%of the
architectural metals are prohibited. facade to include architectural metal panels,to
be of deep and of varied thickness,to provide
visual relief
COD Facade Standards—Materials— PD proposes to provide the transparency
25% of an exterior wall facing the requirement along the main fagade(s)of
thoroughfare shall be transparent. building(s)facing south fronting PISD
j administration building instead of the
requirement west facade which faces SH35.See
"Exhibit H"
All requirements of the respective UDC requirements will be met unless otherwise outlined in the
Planned Development package.
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D—Required Dedications of Land or Public Improvements
1) This planned development is designed with the intents and specifications of a Development
Agreement between the City and Presidio Equities, LLC dated August 15, 2018.The detention
reserve has been oversized to meet the capacity requirement for the development, Rice Drier,
and Halik Roads.
E—Phasing Schedule
1) The property is to be developed in phases. Reference attached exhibits D/E. Buildings may have
a different layout, but no more than 11 buildings would be proposed for Lot 2
F—Exhibits
1) Exhibit A—Design Plan
2) Exhibit B—Open Space Plan
3) Exhibit C—Amenity Plan
4) Exhibit D—Phase 1 Plan
5) Exhibit E—Phase 2 Plan
6) Exhibit F—Landscape Plan
7) Exhibit G—Landscape Plan
8) Exhibit H—Commercial 'GC' Schematic Design Plans
a. Building 1 (Commercial) Floorplan
b. Building 1 (Commercial) Elevations
c. Building 1 (Commercial) Renderings
d. Building 1 (Commercial) Renderings
9) Exhibit I—Industrial 'M-1'Schematic Design Plans
a. Industrial Buildings—Floorplan
b. Industrial Buildings—Elevations
c. Industrial Buildings—Rendering
10) Exhibit J—Use List
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