HomeMy WebLinkAboutOrd. 2000M-207 2020-12-14 Ordinance No. 2000M-207
An Ordinance of the City Council of the City of Pearland, Texas, amending
Ordinance No. 2000M-207, the zoning map of the City of Pearland, Texas,
for the purpose of changing the classification of certain property, being 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 20-00004, a request by Oanh Nguyen,
Windrose Land Service, applicant, on behalf of Ryan Seeley, NAI Partners,
representing Ble Dodd Investments, owner, for approval of amendments to
the Southern Trails Planned Development District, a master plan district
comprised of a single-family residential development and three non-
residential outparcels, to allow restaurant uses with drive-thru service within
285 feet of Broadway Street, 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, Ryan Seeley, NAI Partners, representing Ble Dodd Investments,
owner; is requesting approval of a Planned Development Amendment to the Southern
Trails Planned Development District, a single-family residential development and three
non-residential outparcels, 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 16th day of November 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 17th day of November 2020, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed amendment to the Southern Trails Planned Development District, 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 their regular meeting on the 7th day of December
2020 and 14th day of December; 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 for approval of a Planned Development Amendment to the Southern
Trails Planned Development District, a single-family residential development and three
non-residential out-parcels, 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 Southern
Trails Planned Development District, is hereby granted a change in zoning from
Page 2 of 9
Ord. No. 2000M-207
Planned Development District to Planned Development District, in accordance with all
conditions and requirements of the current Unified Development Code and the
amendments approved by the City Council and incorporated for all purposes as Exhibit
"E"; and, 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
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.
Page 3 of 9
Ord. No. 2000M-207
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 7th day of
December, 2020.
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IN COLE
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CITY SECRETARY .
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14th
day of December, 2020.
KEVIN COLE
MAYOR
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APPROVED AS TO FORM: ,,,,,,
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 9
Ord. No. 2000M-207
Exhibit A
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.
Page 6 of 9
Ord. No. 2000M-207
Exhibit B
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Page 7 of 9
Ord. No. 2000M-207
Exhibit C
Legal Advertisement
THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: ZONE 20-00004
Notice is hereby given that on Monday. November 16, 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 by telephone or video conference in order to advance the public health goal
of limiting face-to-face meetings (also called "social distancing'') to slow the
spread of the Coronavirus (COVID-19), at the request of Oanh Nguyen,
Windrose Land Service, applicant, on behalf of Ryan Seeley. NAI Partners, rep-
resenting Ble Dodd Investments, owner, for approval of an amendment to the
Southern Tails Planned Development District, a master plan district comprised of
a single-family residential development and three non-residential outparcels, to
allow restaurant uses with drive-thru service within 285 feet of Broadway Street,
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 Division at 281-652-1765.
Mohamed A. Bireima, AICP
Senior Planner
Page 8 of 9
Ord. No. 2000M-207
Exhibit D
Planning and Zoning Commission Recommendation Letter
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Planning & Zoning
Conimission
Recommendation Letter
November 17, 2020
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZONE 20-00004
Honorable Mayor and City Council Members:
At their regular meeting on November 16, 2020, the Planning and Zoning Commission
considered the following:
Request: Oanh Nguyen, Windrose Land Service, applicant, on behalf of Ryan
Seeley, NAI Partners, representing Ble Dodd Investments, owner, for approval of
a Planned Development Amendment to the Southern Trails Planned
Development District, a single-family residential development and three non-
residential out-parcels, on approximately 9.28 acres of land.
General Location: 11900 block of Broadway Street
The Commission discussed the proposal and the issues presented during the Joint
Public Hearing. Vice-Chairperson Fuertes commented on the driveway agreement
between the subject property and Alvin ISD. After the brief discussion, the Commission
voted 6-0 to recommend approval of the PD amendment.
Sincerely,
Martin Griggs, AICP, CNU-A
Planning Manager
On behalf of the Planning and Zoning Commission
Page 9 of 9
Ord. No. 2000M-207
1
PD Amendment No. 4
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
As stated in PD Amendment No. 3, the purpose of this PD District was 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. The purpose of this PD Amendment No. 4 is to
expand the list of approved uses to include Restaurant uses with Drive-Thru
service within 285’ of Broadway Street.
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
2
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.
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 from
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 intense 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.
6. Applicability
The criteria for establishing the original PUD was satisfied when it was created in
2004. PD Amendment No. 3 was appropriate, as the property was 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 were necessary. Given the changes in the retail
market since Amendment No. 3 was approved, the addition of Restaurant uses
with Drive-Thru services is necessary to ensure viability of restaurants forced to
limit dine-in options due to the ongoing global pandemic.
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 the subject
parcel and a 2.7-acre general business parcel at the southwest corner of CR 48
and Broadway Street, and 1.4-acre general business use on Broadway Street,
adjacent to the 2.7 ac one. 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
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.
3
2. PD Amendment No. 4 amended 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.
Restaurant uses with Drive-Thru service are allowed within 285’ of Broadway
Street (F.M. 518). The allowance of Drive-Thru in this limited location is
compatible with the existing development pattern along the Broadway Street
corridor between Shadow Creek High School private drive and State Highway
288.
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.
3. Provided in the following table is a list of deviations from the standards of the
base zoning district as amended by PD Amendment No. 4.
Deviations
Current Regulations Proposed Regulations
PD Amendment No. 4 with GB base
zoning
The addition of Restaurant with Drive-
Thru Service to approved use list and
limited to 285’ from Broadway Street.
4. All buildings shall have a masonry façade 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.
4
7. The following list includes all of the allowed uses approved in PD Amendment
No. 4 for the subject 9.28-acre tract and is expanded to include Restaurant Uses
with Drive-Thru Service within 285’ of Broadway Street.
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
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)
Restaurant (With Drive-Thru Service) within 285’ from Broadway Street only
5
Sign Shop
Stone Monuments - Retail Sales Only (indoors)
D. Required Dedications of Land or Public Improvements
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 2020
Subdivision Plat Q4 2020
Site Development Plan – Gymnastics & Tumbling Q2 2021
Building Permit – Gymnastics & Tumbling Q3 2021
Site Development Plan – Office & Retail Q4 2020
Building Permit – Office & Retail Q2 2021
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