Ord. 2000M-187 2019-07-22 Ordinance No. 2000M-187
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 62.46
acres tract of land located in the H.T. & B RR Company Survey, Abstract No.
551, Brazoria County, Texas, said 62.46 acre tract also being out of a called
38.57 acre tract conveyed to Forgotten Angels Inc. as per an instrument
recorded under Brazoria County Clerk's File No. 05-002608 of the Official
Records of Brazoria County, Texas and a called 31.628 acre tract as per an
instrument recorded in Volume 92-1024, Page 275 of the Official Records of
Brazoria County, Texas. (3900 Block of Pearland Parkway, Pearland,
Texas) Zone Change Application No. ZONE 19-00001, a request by Justin
Barnett, R. West Development Co, Inc., applicant, on behalf of Triangle 31
LLC, owner, for approval of a zoning change from Single-family
Residential-4 (R-4) and Light Industrial (M-1) to Planned Development
(PD), on approximately 62.46 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, Justin Barnett, R. West Development Co, Inc., applicant, on behalf
of Triangle 31 LLC, owner; are requesting approval of a change in the zoning
classification from Single-family Residential-4 (R-4) and Light Industrial (M-1) to
Planned Development (PD) on approximately 62.46 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 17th day of June 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 18th day of June 2019, the Planning and Zoning Commission
submitted its report and recommendation to the City Council regarding the proposed
change in the zoning classification from Single-family Residential-4 (R-4) and Light
Industrial (M-1) to Planned Development (PD) on approximately 62.46 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 22th day of July 2019 and
the 13th day of January 2020; 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 Justin Barnett, R. West Development Co, Inc., applicant, on behalf
of Triangle 31 LLC, owner; for approval of a change in the zoning classification from
Single-family Residential-4 (R-4) and Light Industrial (M-1) to Planned Development
(PD); on approximately 62.46 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 zoning
classification of General Commercial (GC) Zoning District to Planned Development
Page 2 of 10
Ord. No. 2000M-187
District, and the French Quarter Planned Development District 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 a 62.46 acres tract of land located in the H.T. & B RR Company Survey,
Abstract No. 551, Brazoria County, Texas, said 62.46 acre tract also being out of
a called 38.57 acre tract conveyed to Forgotten Angels Inc. as per an instrument
recorded under Brazoria County Clerk's File No. 05-002608 of the Official
Records of Brazoria County, Texas and a called 31.628 acre tract as per an
instrument recorded in Volume 92-1024, Page 275 of the Official Records of
Brazoria County, Texas
General Location: 3900 block of Pearland Parkway, Pearland Texas
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
Page 3 of 10
Ord. No. 2000M-187
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 22nd day of July,
2019.
--=-J991-7 Ci2C-'(;P
TOM REID
MAYOR
ATT ST:
STAL ROAN, TRMC, CMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th
day of January, 2020.
TOM REID
MAYOR
ATTEST: ,/t
CRYSTAL ROAN, TR , MC
CITY SECRETARY
Page 4 of 10
Ord. No. 2000M-187
APPROVED AS TO FORM:
.. 61/2...._
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 10
Ord. No. 2000M-187
Exhibit A
Legal Description
Being a 62.46 acres tract of land located in the H.T. & B RR Company Survey, Abstract
No. 551, Brazoria County, Texas, said 62.46 acre tract also being out of a called 38.57
acre tract conveyed to Forgotten Angels Inc. as per an instrument recorded under
Brazoria County Clerk's File No. 05-002608 of the Official Records of Brazoria County,
Texas and a called 31.628 acre tract as per an instrument recorded in Volume 92-1024,
Page 275 of the Official Records of Brazoria County, Texas
Page 6 of 10
Ord. No. 2000M-187
Exhibit B
Vicinity Map
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Page 7 of 10
Ord. No. 2000M-187
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 19-00001
Notice is hereby given that on June 17, 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 Justin Bamett, R. West Development Co, Inc., applicant, on behalf of
Triangle 31 LLC, owner, for approval of a zoning change from Single-family
Residential-4 (R-4) and Light Industrial (M-1) to Planned Development (PD); on
approximately 62.46 acres of land, to wit:
Legal Description: Being a 62.46 acres tract of land located in the H.T. & B RR
Company Survey, Abstract No. 551, Brazoria County, Texas, said 62.46 acre
tract also being out of a called 38.57 acre tract conveyed to Forgotten Angels Inc.
as per an instrument recorded under Brazoria County Clerk's File No.05-002608
of the Official Records of Brazoria County,Texas and a called 31.628 acre tract
as per an instrument recorded in Volume 92-1024, Page 275 of the Official
Records of Brazoria County, Texas.
General Location:3900 Block of Pearland Parkway, 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
Senior Planner
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Ord. No. 2000M-187
Exhibit D
Planning and Zoning Commission Recommendation Letter
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It NAS
fs1. 1 q•
P1anning Zonin5 Commission
Recommendation Letter
June 18, 2019
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 19-00012
Honorable Mayor and City Council Members:
At their regular meeting on June 17, 2019, the Planning and Zoning Commission
considered the following:
A request of Justin Barnett, R. West Development Co, Inc., applicant, on behalf
of Triangle 31 LLC, owner; for approval of a zone change from Single-family
Residential-4 (R-4) and Light Industrial (M-1) to Planned Development (PD); on
approximately 62.46 acres of land.
General Location: 3900 block of Pearland Parkway, Pearland TX.
Commissioner Starr made a motion to approve. Commissioner Cade seconded the
motion. There was additional discussion on the pipeline and the proposed use for the
property. The motion was approved by a vote of 4-2. Commissioners Cade, Pradia,
Starr, and Ward were in favor of the motion. Chairperson Tunstall and Vice-Chairperson
Duncan were not in favor of the motion.
Siinncerely, a
r^eir-
Martin Griggs
Planning Manager
Page 9 of 10
Ord. No. 2000M-187
On behalf of the Planning and Zoning Commission
Page 10 of 10
Ord. No. 2000M-187
Ordinance No.
Updated 11/04/2019 2000M-187
Exhibit "E"
PURPOSE AND INTENT
The French Quarter, a vision of a Planned Unit Development establishing the overall concept of
an "Age in Place" or Continuing Care Retirement Community "CCRC". The designed concept
includes a residential subdivision for the Active Adult homeowner, part independent living, part
assisted living and part memory. CCRCs offer a tiered approach to the aging process,
accommodating residents' changing needs. Upon entering, healthy adults can reside
independently through single-family homeownership or through rental of independent living
apartments. When assistance with everyday activities becomes necessary, they can easily
transition into the assisted living facilities. These communities give older adults the option to
live in one community for the duration of their life, with much of their future care already
figured out. This can provide a great level of comfort to families and take much of the stress out
of the caregiving relationship.
INTRODUCTION
1. Description of the Subject Property
The proposed planned development is on the west side of Pearland Parkway at Dixie
Farm Road. The project name, French Quarter, pays tribute to the rich historic French
Architecture located in the center of New Orleans, Louisiana. Colorful French
Architecture and the unified culture of community. A community created inside a
community to serve the community. Strategically located within walking distance to the
future Community of Faith Bible Church and the Forgotten Angels Foundation DayHab
Complex.
The subject property is comprised of two tracts of land, owned by Triangle 31 Properties
LLC, totaling 62.4 Acres. The Comprehensive Land Plan of 2015 (See Exhibit A) has the
northern half of medium density residential and the southern half as light industrial.
Both tracts are located inside the city limits of Pearland and entirely in the boundaries of
Alvin Independent School District.
2. Description of Proposed Development
The Site Plan for the property, as shown in Exhibit B, includes a lake side Senior Living
Community comprised of a 3-story 90 Unit Independent living, 2-story 63 Unit Assisted
living, and a single story 28-unit Memory Care Center.
To the south of the Senior Living Community to be interconnected with a 145+ lot, 55
and Over subdivision.
• 45' x 110' Lots
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Updated 11/04/2019
• Clubhouse/Pavilion with a Pool
• A system of sidewalks and trails throughout the community
• Homeowners' Association Doggie Park & Open Spaces
• Gated Community w/Access Control Entry
• Series of Amenity Lakes
3. Description of the Land
The French Quarter is comprised of 62.4 acres and defined by 2 Tracts:
Tract 1: 31.628 acres in the H.T. & B.R.R. Co Survey, Section 28, Abstract 551 in Brazoria
County.
Tract 2: 30.84 acres in the W. Zychlinski Subdivision, Abstract 551 in Brazoria County.
The existing easements on the property include the following: (See Exhibit C)
• Phillips Petroleum Pipeline Easement 60-foot wide that extends east-west along
the center of tract 2 (as defined above) Brazoria County Doc#
This Contains 3 Pipelines transporting HVL(Propane)
• Exxon Pipeline Company Easement 30-foot that extends east-west along the
northern edge of tract 1 (as defined above) Brazoria County Doc# 2011042906
This Contains 3 Pipelines transporting HVL(Propane)
• Kinder Morgan Pipeline Easement 30-foot that extends east-west along the
northern edge of tract 1 (as defined above) Brazoria County Doc# 2005002611
This Contains 2 Pipelines transporting HVL(Propane)
• Lavaca Pipeline Easement 30-foot that extends east-west along the northern
edge of tract 1 (as defined above) Brazoria County Doc# 2017030762
This Contains 1 Pipelines transporting HVL(Propane)
4. Purpose Statement
The primary purpose of this PD is to prescribe land use and development regulations
that will establish a higher quality, master planned community than through the use of
conventional zoning districts. Higher quality through key benefits is focused on the
following:
A project that is creating a community within a community, allowing for the cohesion
and unity of its residents with opportunities to serve, such as:
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Updated 11/04/2019
• To Assist and interact with the Angels @ the Forgotten Angels Foundation
Facilities
• To Interact with residents in the Attiva Community Development
• To Visit and Interact with Friends & Loved Ones in the Assisted Living or Memory
Care
• To attend and serve at the planned Church/Counseling Center
Not only is the Master Planned Community creating ways for its citizens to serve the
community, it's also going to offer unique benefits to all residents through availability of
shared services, such as:
• Active Aging Adult Homeowners will have access to Temporary Home Health
Care (as provided by the Senor Living Community) when needed.
• Homeowners may purchase access to the Full Dining Features of the Senior
Living Community.
• Homeowner will have access to participate in all the planned Senior Living
Activities.
• Senior Living Residents, if able, will have access to the full amenities of the
Homeowners' Clubhouse and recreational facilities provided
Senior Living Master planned communities, in general, provide tremendous benefits for
cities over traditional piece meal development. Historically, property values in such
master planned communities are greater and more stable than property values outside
of master planned communities, providing cities with a greater ability to plan and fund
services. Additionally, residents of master planned communities typically call upon
public services, including public safety, at a lower rate than in other areas that are not
master planned, deed restricted, and managed by strong homeowners' associations.
Senior Living Master planned communities bring stability and predictability that
enhance a city's long-range planning and financial objectives.
5. Comprehensive Plan of 2015
The PD will create a walkable neighborhood by providing a system of sidewalks and
trails throughout the community. Second, the PD will foster a distinctive, attractive
community with a strong sense of place by connecting residents together through long
term settled living. Third, the PD will preserve open space, natural beauty, and critical
environmental areas as detailed in the plans provided herein.
The PD creates the optimal transition from residential along Pearland Parkway to the
Light Industrial on the south side along Dixie Farm road. With natural green spaces on a
majority of said property, all boundaries will have sufficient landscape buffers for such
transition of zoning.
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Updated 11/04/2019
6. Applicability
To be eligible for a PD, a property must meet at least one of the eight criteria
established in the UDC, Section 2.2.2.1 (b). French Quarter meets the following criteria,
and therefore, is a good candidate for PD zoning.
The land has unique environmental features requiring a more flexible approach to
zoning to protect those features. The key feature is the
ZONING AND LAND USE
1. Existing Zoning
The French Quarter's is currently zoned R-4, Single Family Residential, for Tract 2 (as
previously defined above) and M-1, Light Industrial, for Tract 1 (as previously defined
above). Refer to Exhibit A for an illustration of current zoning.
2. Proposed Base Zoning District(s)
• Portion of Senior Living Community designated to Memory Care & Assisted
Living, including Administrative Building and Amenities to be Zoned General
Commercial.
• Portion of Senior Living Community designated to Independent Living will be
zoned Multi-Family
• Residential Subdivision will be base zoned R-4 (with deviations)
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USE ACRES %OF TOTAL ZONING
DISTRICT
Single Family 20.5 32.9% R-4
Multiple Family 13.7 22.0% MF/GB
Common Spaces/Trails By HOA 2.6 4.2% R-4
Detention/Open Spaces 16.7 26.8% R-4
ROW-60' 2.7 4.3% R-4
ROW-50' 3.9 6.3% R-4
Other Spaces 2.3 3.7% R-4
Totals 62.4 100.0%
Zone Lot Area Lot Width #of Lots
R-4 6600-7230 60' 7
R-4 6050-6875 55' 20
R-4 5500-6000 50' 5
R-4 4950-5622 45' 115
• The Net Residential Density—5.01 Units per Acre
• The Overall Gross Residential Density—3.20 Units per Acre
All subdivision lots will be built with homes w/ 2 Car Garages. This will allow for the parking
capacity of 4 vehicles at any time for each resident (If needed).
DESIGN STANDARDS APPLICABLE TO THE DEVELOPMENT
Signage (Standard Monument Sign—as per the UDC) & Landscaping as conceptually displayed
in the Site Plan. All landscaping will conform UDC requirements.
A formal request has been presented to the City of Pearland, requesting the abandonment of
the Extension Connector from Industrial Dr East to Dixie Farm Rd (See Exhibit D)
A Complete Amenities Package can be seen on Site Plan
Extensive Walking & Golf Cart Trails (Around Northside Lake)
Fishing Piers on the North Lake w/Trails
Cabana w/Grilling Centers
Shared Access to Forgotten Angel Future Facilities
Extensive Clubhouse w/ Entertainment Facilities
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Amentitized Detention Pond w/ Fountains
Extensive Landscape Buffers along Pearland Parkway Corridor
Developer will build 8' Sidewalks in ROW along the south side of Bourbon St
Current Regulations Proposed/Deviation Requested Notes/Specifics
Minimum Lot Width of 50' Minimum Lot Width of 45'
Minimum Lot Area 5000 ft2 Minimum Lot Area 4950 ft2
Minimum Side Yard of 7'6" Minimum Side Yard of 5'
Minimum Side Yard of Lots abutting Minimum Side Yard abutting to
Bourbon St-Should Equal Front Lot Bourbon St shall be 10' Blk 1-Lots 1,5,6,15,16,30,31
Line
Corner Lots Specified will be declared on Plat as restricted to Front Entrance Blk 1 Lots 1,5,6,15,16,30,31
from Cul De Sac Only
Minimum Rear Yard of 20' Minimum Rear Yard of 15' 15' Minimum Includes any UE's
Required
Maximum Building Height for
MF Zone/Maximum Building Height Independent Living Base Zone of
35'
MF will be 45'
Utility Easement Rear Lot Line Only on Perimeter Lots where
Utility Easement-Rear Lot Line 16' 14, U/E can not be split between 2
lots
Per Meetings with Brazoria County Drainage District#4— Proposed Culverts along Pearland
Parkway To Replace Ditch, leading to the abandonment of the 60' Drainage Easement currently
in conflict with Site Plan design of the clubhouse and Parking.
Monument signs are only suggesting the number Generally— Locations and Design will be
determined during construction design and will meet with UDC requirements.
Clubhouse Layout is general in concept— It's location is specific however Size and Design of
both the pool and specific footprint will be subject to change during the design to meet EDCM
& UDC
PHASING
The property is expected to be developed in phases as described below:
Phase 1— Residential Lot Subdivision Completion and Plat Recordation
Phase 2—Senior Living Community Completion and Plat Recordation
Phase 3— Front Clubhouse/Pavilion Completion
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