Ord. 2000M-197 2020-02-24Ordinance No. 2000M-197
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, A tract of land
containing 9.28 Acres, being a portion of Lots 37 & 38, Block 80, Allison -
Richey Gulf Coast Home Company as recorded in Volume 2, Page 98 of the
Brazoria County Plat Records, being a portion of a tract recorded in the
name of Trinity Presbytery of the Cumberland Presbyterian Church as
recorded under Brazoria County Clerk's File No. 2004025666 of the Official
Records of Brazoria County, Texas. (11900 Block of Broadway Street).
Zone Change Application No. ZONE 19-00023, a request by Karen Wunsch,
Masterplan, applicant, on behalf of Ble Dodd Investments, owner,
represented by Patrick Brett Dodd; for approval of a amendments to the
Southern Trails Planned Development, on approximately 9.28 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, Karen Wunsch, Masterplan, applicant, on behalf of Ble Dodd
Investments, owner, represented by Patrick Brett Dodd; is requesting approval of a
amendments to the Southern Trails Planned Development on approximately 9.28 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 6th day of January 2020, 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 7th day of January 2020, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed amendments to the Southern Trails Planned Development on approximately
9.28 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 10th day of February 2020
and the 24th day of February 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 Karen Wunsch, Masterplan, applicant, on behalf of Ble Dodd
Investments, owner, represented by Patrick Brett Dodd; for approval of a amendments
to the Southern Trails Planned Development on approximately 9.28 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
classifications of Southern Trails Planned Development, and the Planned Development
Amendment 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
Page 2 of 10
Ord. No. 2000M-197
purposes, such property being more particularly described as:
Legal Description:
A tract of land containing 9.28 Acres, being a portion of Lots 37 & 38, Block 80,
Allison -Richey Gulf Coast Home Company as recorded in Volume 2, Page 98 of
the Brazoria County Plat Records, being a portion of a tract recorded in the name
of Trinity Presbytery of the Cumberland Presbyterian Church as recorded under
Brazoria County Clerk's File No. 2004025666 of the Official Records of Brazoria
County, Texas.
General Location: 11900 Block of Broadway Street, 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
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.
Page 3 of 10
Ord. No. 2000M-197
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 10th day of
February, 2020.
TOM REID
MAYOR
A E T.
R STAL ROAN, TRMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of February, 2020.
AT S
TAL ROAN TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 4 of 10
Ord. No. 2000M-197
Exhibit A
Legal Description
A tract of land containing 9.28 Acres, being a portion of Lots 37 & 38,
Richey Gulf Coast Home Company as recorded in Volume 2, Page
County Plat Records, being a portion of a tract recorded in the
Presbytery of the Cumberland Presbyterian Church as recorded unde
Clerk's File No. 2004025666 of the Official Records of Brazoria County
Block 80, Allison -
98 of the Brazoria
name of Trinity
r Brazoria County
. Texas.
Page 5 of 10
Ord. No. 2000M-197
t3
Medium Density�Residential
Density_Residential
Exhibit B
Vicinity Map
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..� Exhibit 2
!r % High Deity Residential Future Land Use Map
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o " Southern Trails
.TER v`Dt?rr •<., r PD Amendment
6 11900 Blk of Broadway
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Page 6 of 10
Ord. No. 2000M-197
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 19-00023
Notice is hereby given that on Monday, January 6, 2020, 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 hear-
ing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland,
Texas, at the request of Karen Wunsch, Masterplan, applicant, on behalf of Ble
Dodd Investments, owner, represented by Patrick Brett Dodd, for an amendment
to the Southern Trails Planned Development, on approximately 9.28 acres of
land; to wit:
Legal Description: A tract of land containing 9.28 Acres, being a portion of Lots
37 & 38, Block 80, Allison -Richey Gulf Coast Home Company as recorded in
Volume 2, Page 98 of the Brazoria County Plat Records, being a portion of a tract
recorded in the name of Trinity Presbytery of the Cumberland Presbyterian
Church as recorded under Brazoria County Clerk's File No. 2004025666 of the
Official Records of Brazoria County, Texas.
General Location: 11900 Block of Broadway Street, 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
Page 7 of 10
Ord. No. 2000M-197
Exhibit D
Planning and Zoning Commission Recommendation Letter
� •I I I' � 11 I' 111 I 11
Recommendation Letter
January 7, 2020
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. ZONE 19-00023
Honorable Mayor and City Council Members:
At their regular meeting on January 6, 2020, the Planning and Zoning Commission
considered the following:
A request by Karen Wunsch, Masterplan, applicant, on behalf of Ble Dodd
Investments, owner, represented by Patrick Brett Dodd, for approval of a
amendments to the Southern Trails Planned Development, on approximately
9.28 acres of land
General Location: 11900 Block of Broadway Street, Pearland, Texas.
Commissioner Cade made a motion to approve. Commissioner Earles seconded the
motion. There was additional discussion about the notification and deed restrictions of
the property. Additionally, there was discussion about restricting the uses allowed by
Conditional Use Permit. After discussion Chairperson Tunstall made a motion to restrict
those uses allowed by Conditional Use Permit. Commissioner Wicker seconded the
amended motion. The motion to amend passed with a vote of 5-0. Chairperson Tunstall
made a second motion to amend to include staff language of requiring access to
Shadow Creek Ranch High School access road be required to have a traffic study be
reviewed and agreed upon by Alvin School District prior to approval of the permit. The
amended motion was seconded by Commissioner Cade. The second amendment was
approved by a vote of 5-0. Chairperson Tunstall, and Commissioners Boswell, Cade,
Earles, and Wicker were in favor of the motion.
Page 8 of 10
Ord. No. 2000M-197
Sincerely,
Martin Griggs, AICP, CNU-A
Planning Manager
On behalf of the Planning and Zoning Commission
Page 9 of 10
Ord. No. 2000M-197
III li Ih li t IC
PD Amendment
9.28-acre Tract of Southern Trails PUD
A. Introduction
1. Description of the Subject Property
The subject property is a 9.28-acre undeveloped tract that is located on the
southside of Broadway Street. Southern Trails neighborhood is located to the
west, and Shadow Creek High School located to the east and south.The property
is part of the ±522.8-acre Southern Trails PUD that was established in 2004 with
the adoption of Ordinance No. 509-695. This tract has approximately 440 feet of
frontage along Broadway Street (F.M. 518), which is classified as a Major
Thoroughfare of Sufficient Width on the City's Thoroughfare Plan. Corridor
Overlay District Standards are applicable for this roadway.
2. Description of the Proposed Development
The owner proposes to develop the property in two phases. Construction of an
approximately 33,000 SF gymnastics and tumbling facility located at the
southern portion of the tract is proposed as Phase 1. Future development will
consist of office, retail, and commercial uses that are compatible with the youth-
oriented gymnastics and tumbling facility, schools, and surrounding
neighborhoods.
3. Description of the Area
The property is described as a tract of land containing 9.28 acres, a portion of
Lots 37 & 38, Block 80, Allison-Richey Gulf Coast Home Company as recorded in
Volume 2, Page 98 of the Brazoria County Plat Records, situated in the H.T. & B.
RR Company Survey, Section 80, A-564 of Brazoria County, Texas. The property is
more particularly described by the survey drawing and metes and bounds
attached as Exhibit A.
4. Purpose Statement
The purpose of this PD District is to amend the list of allowed uses from a single
use of "Church" use that was established with the original PUD by adopting a
base zoning of GB, General Business Retail District, which includes a variety of
commercial uses including retail trade, personal and business services, offices,
and recreational uses such as a gymnastics and tumbling facility.
5. Comprehensive Plan
The PD implements the goals and objectives of the City's Comprehensive Plan.
The proposed zoning amendment will promote compatible infill development
offering goods and services that support the surrounding community. The
development will add property value and increase the local tax base without
requiring the expansion of water, sewer, and transportation infrastructure or
encouraging urban sprawl.
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The proposed zoning amendment satisfies the City’s general land use policies as
stated in the Comprehensive Plan. The proposed land uses do not detract fro m
the enjoyment or value of neighboring properties and do not create negative
land use effects from noise, odor, dust, excessive light, or traffic. Specific policies
related to retail and office uses are also satisfied including locating neighborhood
retail and service uses at the edge of logical neighborhood areas, clustering retail
development throughout the city and convenient to residential areas, and
buffering retail/office uses from residential areas. In addition, the plan states
that office and professional uses should be compatible with nearby residential
areas and other uses through appropriate building height limitations and
adequate buffering and landscaping. Low intensity office and professional uses
should provide a transition between more inten se uses and residential areas.
The proposed development achieves these objectives by allowing low intensity
commercial uses, while requiring enhanced landscaped buffers adjacent to the
residential neighborhood.
On the Future Land Use Map, this location is given a Low Density Residential
designation. This land use category does not specifically describe the church use
allowed under the current zoning regulations, the uses allowed within the GB,
General Business Retail base district proposed for this site and allowed within
the neighboring GB District, or the non-residential public high school use that
exists to the south. As described in the Comprehensive Plan, the Future Land Use
Map is intended to represent general patterns of land use at a macro level for
general guidance, whereas the Zoning Map is intended for site-specific focus. At
this locale, recent development of surrounding properties has resulted in non-
residential uses, and the remaining undeveloped acreage is too small and too
close to a major thoroughfare corridor for a low-density residential project to be
feasible.
6. Applicability
The criteria for establishing the original PUD was satisfied when it was created i n
2004. The proposed amendment is appropriate, as the property is no longer
owned by the church that had intended to develop the tract at the time that the
PUD zoning was established. Expansion of the permitted use list and clarification
of applicable design standards are necessary.
B. Zoning and Land Use
1. The subject property is currently zoned PUD as part of the Southern Trails PUD
District. As depicted in Exhibit B, the 522.63-acre PUD is entirely for a master
planned, single-family residential development with the exception of this church
parcel, a 2.7-acre general business parcel at the southwest corner of CR 48 and
Broadway Street, and 1.4-acre civic use on Broadway Street, adjacent to the
commercial site. Within the Southern Trails PUD, there is approximately 80 acres
of open space and park areas that includes a trail system that links
drainage/amenity ponds, recreational areas and parks, and residential
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neighborhoods to create a cohesive and pedestrian-friendly community. The
Southern Trails PUD describes the specific purpose of each zoning district within
the ordinance, except for the subject property. Similarly, the existing ordinance
does not specify any specific design criteria for the subject property.
2. This application proposes amending the PD District to establish a base zoning of
GB, General Business (GB) District for the 9.28-acre subject property. The GB
District accommodates the gymnastics and tumbling facility and office suite uses
envisioned by the owner as well as a variety of other retail, personal service, and
business service uses that are compatible with the adjacent residential
neighborhood and existing development patterns along Broadway Street.
3. The development standards of the GB, General Business (GB) District and the
Corridor Overlay District shall be applicable. In addition, tree requirements of the
Corridor Overlay District shall be applicable along the Shadow Creek High School
access drive and the south property line.
C. Design Standards Applicable to the Development
1. Signage, Landscaping, Fencing, Parking, Screening, and Tree Plantings shall be
consistent with requirements of the Unified Development Code (UDC) and the
standards of the GB, General Business (GB) District and the Corridor Overlay
District. The preparation and review of signage, landscaping, fencing plans shall
be deferred to the site development and/or building permit phase, as applicable.
2. A conceptual design plan that proposes a general site layout and phasing plan is
provided as Exhibit C. All aspects of the design plan are intended to show a broad
development concept that provides a context for evaluating the PD amendment
and establishment of the GB base zoning district.
3. Provided in the following table is a list of deviations from the standards of the
base zoning district.
Deviations
Current Regulations Proposed Regulations
PUD allows Church use only PD amendment with GB base zoning
4. All buildings shall be masonry construction per the UDC definition.
5. All requirements of the Unified Development Code will be met, unless otherwise
specified within this PD, Planned Development amendment.
6. Any access to Shadow Creek Ranch High School access road be required to
have a traffic study be reviewed and agreed upon by Alvin Independent School
District prior to permit approval.
7. The following list includes all of the allowed uses in the subject 9.28-acre tract.
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Office Uses
Clinic, Medical or Dental
Credit Agency
Financial Institution (No Motor Bank)
Financial Institution (With Motor Bank Services)
Office (other than listed)
Office/Clinic, Veterinarian (No Animal Hospital or Outside Pens)
Security Monitoring Company (No Outside Storage)
Personal & Business Uses
Automatic Teller Machine (ATM)
Barber/Beauty Shop/Tanning Studios/ (No Related School/College)
Gym/Health Club (Physical Fitness; Indoors Only)
Laundromat (Self-Service Laundry)
Seamstress, Tailor or Laundry Dry Cleaning (Retail Only - Drop Off/Pick Up)
Studio or Learning Center for Fine or Performing Arts
Retail & Business Service Uses
Art Museum, Dealer, or Studio
Astrology, Hypnotist or Psychic Arts-
Bakery (Wholesale) -
Cafeteria
Catering Service
Coffee Roasting
Convenience Store (Without Gasoline Sales)
Copy/Printing Shop
Department Store (Retail Only, for Hardware, Sporting Goods, Toys, Paints,
Wallpaper, and/or Clothing)
Food Store/Supermarket
Food Sales On or Off Premise
Furniture and/or Appliance Store (Retail or Rental Only, Indoor Only)
Garden Shop & Outside Plant Sales (i.e., Plant Nursery)
General Retail Store, other than listed
Hardware Store
Jewelry Store
Medical Appliances & Sales- - - Allowed
Outside Display {See related regulations in applicable zoning districts}
Piano and Musical Instruments (Retail Only)
Pet Shop-Small Animals, Birds or Fish
Restaurant (With No Drive-In or Drive-Thru Service)
Sign Shop
Stone Monuments - Retail Sales Only (indoors)
D. Required Dedications of Land or Public Improvements
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None. Adjacent street right-of-way is of sufficient width, and as part of the Southern
Trails PUD parks and recreation and drainage and detention needs have been satisfied.
E. Phasing Schedule
Proposed Development Timeline
Process Anticipated Date
Complete PD Amendment December 2019
Subdivision Plat Q1 2020
Site Development Plan – Gymnastics & Tumbling Q2 2020
Building Permit – Gymnastics & Tumbling Q3 2020
Site Development Plan – Office & Retail TBD
Building Permit – Office & Retail TBD
F. Exhibits
Exhibit A – Survey Drawing and Metes & Bounds Description
Exhibit B – Conceptual Development Plan Southern Trails PUD (2004)
Exhibit C – Conceptual Design Plan for PD Amendment