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Ord. 2000M-255 2024-03-25 Ordinance No. 2000M-255 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 Lots 14, 15, 16 & Reserve C of Amending Plat of the Plat of Replat of Pearland Town Center, a subdivision recorded in File No. 2008005836 in the Official Records of Brazoria County, Texas (located at South Side of 11200 Broadway Street, Pearland, Texas). Zone Change Application No. ZONE 24-01, a request by Drake Dominy, Pelican Builders and Andy Hall, Kimley- Horn and Associates, applicants, on behalf of CBL Pearland Town Center Op PropCo and Pearland Town Center LP, owner, for approval of amendments to the Pearland Town Center Planned Unit Development, on approximately 37.4604 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, Drake Dominy, Pelican Builders and Andy Hall, Kimley-Horn and Associates, applicants, on behalf of CBL Pearland Town Center Op PropCo and Pearland Town Center LP, owner, is requesting approval of amendments to the Pearland Town Center Planned Unit Development on approximately 37.4604 acres of land; 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 19th day of February, 2024, a public hearing was held before the Planning and Zoning Commission of the City of Pearland, Texas, notice being given by online publication on the City website, a copy of which 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, the Planning and Zoning commission having fully heard the testimony and argument of all interested parties, and having been fully advertised in the DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Page 2 of 9 Ord. No. 2000M-255 premises, submitted its report and recommendation to the City Council regarding the proposed amendments to the Pearland Town Center Planned Unit Development, 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 19th day of February, 2024; and WHEREAS, on the 4th day of March, 2024, 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 amendments to the Pearland Town Center Planned Unit Development attached hereto and made a part hereof for all purposes as Exhibit “E”, 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 Pearland Town Center Planned Unit Development, is hereby granted approval for amendments, in accordance with all conditions and requirements of the current Unified Development Code and the amendments approved by the City Council; and such property being more particularly described as: Legal Description: Lots 14, 15, 16 & Reserve C of Amending Plat of the Plat of Replat of Pearland Town Center, a subdivision recorded in File No. 2008005836 DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Page 3 of 9 Ord. No. 2000M-255 in the Official Records of Brazoria County, Texas. General Location: South Side of 11200 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. Section VI. This Ordinance shall become effective after its passage and approval on second and final reading. DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Page 4 of 9 Ord. No. 2000M-255 PASSED, APPROVED, and ADOPTED on First Reading this 4th day of March 2024. ________________________ J.KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 25th day of March 2024. ________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Page 5 of 9 Ord. No. 2000M-255 Exhibit “A” Legal Description Lots 14, 15, 16 & Reserve C of Amending Plat of the Plat of Replat of Pearland Town Center, a subdivision recorded in File No. 2008005836 in the Official Records of Brazoria County, Texas. DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Page 6 of 9 Ord. No. 2000M-255 Exhibit “B” Vicinity Map DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Page 7 of 9 Ord. No. 2000M-255 Exhibit “C” Legal Advertisement DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Page 8 of 9 Ord. No. 2000M-255 Exhibit D Planning and Zoning Commission Recommendation Letter Recommendation Letter February 20, 2024 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Zone Change Application No. ZONE 24-01 Honorable Mayor and City Council Members: At their regular meeting on February 19, 2024, the Planning and Zoning Commission considered the following request: Request: A request by Drake Dominy, Pelican Builders and Andy Hall, Kimley-Horn and Associates, applicants, on behalf of CBL Pearland Town Center Op PropCo and Pearland Town Center LP, owners, for approval of amendments to the Pearland Town Center Planned Unit Development, on approximately 37.4604 acres of land, to wit: Legal Description: Being Lots 14, 15, 16 & Reserve C of Amending Plat of the Plat of Replat of Pearland Town Center, a subdivision recorded in File No. 2008005836 in the Official Records of Brazoria County, Texas. General Location: South Side of 11200 Broadway Street, Pearland, Texas. The Planning and Zoning Commission conducted a public hearing for the proposed Zone Change request at their regular meeting on February 19, 2024. At the meeting, Drake Dominy and Ethan Harwell were available to prese nt the request. There were six public speakers who were in opposition to the project. The concerns of the speakers included the impact the proposed development will have on traffic and drainage, and the desire for the subject property to be utilized for nonresidential purposes rather than residential. The Commission generally discussed the number of units, proposed rent range, interactions of the developer with the HOA prior to the P&Z meeting, and previous plan for sub-area C. The applicant responded that they are planning for 380 units with a 65/35 split of single bedroom to two-bedroom units with rent between $1,300 - $2,300. The applicant also stated that they had DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Page 9 of 9 Ord. No. 2000M-255 met with the HOA on January 15, 2024. Staff reiterated that sub-area C was reserved for a large multi-purpose event or performing arts center or privately owned large format retail theater or other entertainment uses. After discussion, the Commission took a motion to recommend approval of the proposed amendments to the Pearland Town Center Planned Unit Development and the motion passed by a vote of 4-0. The vote by the Commission constitutes a positive recommendation for Council. Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Pearland Town Center Amendment No. 8 1 PEARLAND TOWN CENTER PLANNED DEVELOPMENT AMENDMENT NO. 8 Prepared by: Kimley-Horn and Associates, Inc. 11233 Shadow Creek Parkway, Suite 450 Pearland, TX 77584 Pearland Town Center Amendment No. 8 2 A. Introduction 1. The subject property consists of several undeveloped lots within the Pearland Town Center PD. Located on the southern side of the Pearland Town Center, the subject property takes access from the internal drive that loops the existing development and is buffered from adjacent single-family subdivisions by the detention pond serving the Pearland Town Center. 2. The proposed development is a multi-family apartment complex designed to complement and enhance the existing Pearland Town Center both aesthetically and in use. 3. This amendment shall be applicable to 37.4604 acres of property being Lots 14, 15, 16, and Reserve C, Amending Plat of a Replat of Pearland Town Center recorded as Document No. 2008005836 in the Official Public Records of Brazoria County, Texas. 4. The purpose of this PD is to modify the proposed use of Sub-Area “C” within the Pearland Town Center PD. Sub-Area “C” shall be known as the South Central District. Identified in Exhibit A, this district will serve as an anchor to the southern end of Pearland Town Center Drive. This PD also includes proposed improvements to portions of the existing trail that circles the existing detention pond in Sub-Area “F”. 5. The 2015 Comprehensive Plan identifies the subject property as a part of the 288 Gateway future land use area. The Plan encourages higher-density, mixed-use, and pedestrian friendly development in the 288 Gateway. This PD adheres to this guidance by enhancing the existing commercial oriented Pearland Town Center with additional residential development in a walkable setting. Additional residential development within the Pearland Town Center will increase activity within the center, enhance the urban design and quality of the existing center, and create additional housing choices within Pearland supporting a strong quality of life. 6. This PD adheres to the applicability guides of UDC Section 2.2.2.1 in that: a. The land is proposed for development as a mixed-use development or a traditional neighborhood development requiring more flexible and innovative design standards. b. The land is of such a character that it is in the community's best interest to encourage high quality development through flexible development standards to further the goals and objectives of the City's Comprehensive Plan. B. Zoning and Land Use 1. The subject property is currently zoned as Sub-Area “C” (Event Center District) in the Pearland Town Center PD. The purpose of this PD is to modify the permitted uses and development standards of Sub-Area “C” within the Pearland Town Center PD. a. This amendment does not intend to modify any standards established by Ord. 2000M-119 and Ord. 2000M-154. b. This amendment proposes to modify standards from Ord. 2000M-67 as applicable to Sub-Area “C”. Where a standard is not modified by this PD, Amendment No. 8, Ord 2000M-67 shall control. In the event of a conflict between this PD and Ord 2000M- 67, this PD shall control. Pearland Town Center Amendment No. 8 3 Table B.1 – Previous Pearland Town Center PDs Iteration Ordinance Notes Original Ord. 509-819 - Amendment 1 Ord. 2000M-08 - Amendment 2 Ord. 2000M-43 - Amendment 3 Ord. 2000M-53 - Amendment 4 Ord. 2000M-56 - Amendment 5 Ord. 2000M-67 Last amendment to fully describe all development regulations. Amendment 6 Ord. 2000M-119 Amended signage regulations. Amendment 7 Ord. 2000M-154 Amended auto related uses in all PDs in Pearland. 2. The base zoning for property subject to this PD amendment shall be MF, Multiple-Family Residential District. The total acreage of this district is 37.4604 acres. Table B.2 – Land Use Summary Use Estimated Acres Percentage of Total Acres Zoning District Single Family - - - Multiple Family 11.04 29.5% MF Parkland to be Dedicated to the City - - - Common Spaces/Trails/Recreation to be Maintained by HOA 5.96 to be improved/ 5.50 acres existing* 15.9%/14.7% MF Detention* 12.31 32.9% - Thoroughfares/ROW* 2.6504 7.0% MF Internal Streets/Vehicular Circulation - - - Others - - - *Denotes an existing site feature. 3. Development Standards a. The permitted uses in Sub-Area “C” shall comply with the terms of Article VII, Section 5, Ord. 2000M-67. b. A maximum of 400 dwelling units shall be permitted in Sub-Area “C” for an overall maximum density of 10.68 dwelling units per acre. These dwelling units shall be allocated to Sub-Area “/C” only. The dwelling units units in Sub-Area “C” shall be distributed across no more than three structures. c. These dwelling units permitted by this PD in Sub-Area “C” are in permitted addition to the 300 dwelling units permitted across the entire Pearland Town Center PD by Ord. 2000M-67. The maximum density across all Sub-Areas of the Pearland Town Center PD (142.9664 acres) is 4.90 dwelling units per acre. Pearland Town Center Amendment No. 8 4 C. Open Space Design Standards Applicable to the Development 1. Dimensional Standards a. All area regulations for Sub-Area “C” shall be in accordance with those established for the MF District in UDC 2.4.2.10(c) except for maximum building height. b. In accordance with Article IX, Section 4 of Ord. 2000M-67 the maximum building height within Sub-Area “C” is 35 feet. 2. Landscape a. All landscape, including street trees, shall be provided in accordance with Article XI. of Ord. 2000M-67 as illustrated on Exhibit D. b. Additional details are provided below on minimum landscape requirements for open space areas. c. Up to 20 evergreen canopy trees shall be placed where platted single-family lots abut the southern boundary of Sub-Area “F” to provide screening above the existing fence line at maturity. Trees shall be placed to maintain appropriate spacing between trees, the species, and existing improvements. Trees shall be planted in naturalistic patterns mimicking the existing planting pattern on the south side of the pond but also to maximize screening qualities. 3. Open Space a. In accordance with Article IX, Section 7 of Ord. 2000M-67 a minimum amount of open space shall be provided on a per unit basis for dwelling units within Sub-Area “C” at a rate of 600 square feet per unit. b. Private on-site open space shall be provided to satisfy the minimum open space requirement. This open space shall include pedestrian connections to the existing Pearland Town Center development and be amenitized with at least three (3) amenities from the following list: i. Pool ii. Play Area (min. 1,200 SF with shade structure) iii. Fitness center or outdoor fitness equipment (min. 4 equipment types) iv. Outdoor gaming/sport court (regulation size, i.e. sand volleyball court, pickleball court, basketball court, etc.) v. Dog park (min. 2,500 SF in area) vi. Trailhead / Pond Overlook Seating (min. capacity to seat 6 persons) vii. Seating areas (min. 50 square feet in area per 10,000 SF of landscape area, capacity to seat 4 persons each) viii. Outdoor Grill area (min. 1 grill area per 100 units; min. 1 grill and 1 picnic table per area) ix. Community gardens (approximately 500 SF min. or five 10’ x 10’ plots) x. Other amenities as approved by the Director c. Additional credit toward the minimum open space requirement shall be given for the proposed private improvements around the existing detention pond in Sub-Area “F”. These improvements are illustrated on Exhibit E. These improvements shall satisfy the minimum open space requirements after all feasible open space is provided on- site. No improvements to the trail or upsizing of the trail shall be required. Improvements in Sub-Area “F” shall include naturalistic tree plantings at regular intervals (to match existing planting patterns on the south side of the pond) and at least three (3) amenities of any combination of the following amenities listed below including but not be limited to: i. Seating areas (min. 50 square feet in area with capacity to seat 4 persons per 1,300 LF of trail) ii. Picnic tables (min. 50 SF in area 1 table with shade structure/tree) Pearland Town Center Amendment No. 8 5 iii. Shade structures (min. 50 square feet in size) iv. Wayfinding signage or trail map v. Other amenities as approved by the Director 4. Building Design a. Building Design shall be in accordance with the standards established in Article XII. of Ord. 2000M-67. b. Exhibit C demonstrates the architectural intent of the PD. Designed to complement the existing Pearland Town Center development, variations in materials, color, style, area of materials, size or placement of design elements, or qualities of design elements on the façade may be permitted so long as the design remains complementary to the existing Pearland Town Center. 5. All light fixtures shall be fully shielded and must adhere to the DarkySky Five Lighting Principles for Outdoor Lighting. a. 6. All other design standards not specifically mentioned in this PD shall refer back to Ord. 2000M-67. No new deviations are proposed in this PD not previously approved in Ord. 2000M-67. Table C.5 - Deviations Current Regulations Proposed Reguations No specific screening is specified adjacent to single-family development. (Article XII Paragraph 7, Ord. 2000M- 67). Up to 20 canopy trees shall be placed along the southern property line of Sub-Area “F” to provide screening above the fence line. At least six hundred (600) square feet of usable common open space for each multifamily unit shall be provided on-site(Article IX Paragraph 7, Ord. 2000M-67). The open space requirement for development in Sub-Area “C” may be met with off-site improvements in Sub-Area “F” when adjacent to Sub-Area “C”. All light fixtures must be arranged or shielded (dark sky fixtures) to limit excessive glare onto adjacent properties. (Article XIII Paragraph 1, Ord. 2000M-67). All light fixtures shall be fully shielded and must adhere to the DarkSky Five Lighting Principles for Outdoor Lighting. Pearland Town Center Amendment No. 8 6 D. Required Dedications of Land or Public Improvements 1. No public land dedications or public improvements are required. 2. As outlined in Article IX, Section 8 of Ord. 2000M-67 parkland dedication requirements shall be satisfied by fee in-lieu at $750.00 per unit as described in Section 8. 3. In accordance with UDC Section 3.2.10.1(b)(11) credit toward the parkland dedication fee in-lieu of will be granted for the improvements installed in the open space around the existing detention pond in Sub-Area “F” outlined in Section 3.C of this PD. 4. Signage to promote pedestrian safety and to denote areas for pedestrian crossings shall be provided at all existing or proposed pedestrian crossings on the ring road (private drive) in front of Sub-Area “C.”. All crossings will comply with the most recent version of the Texas Manual for Uniform Traffic Control Devices. 5. Existing pedestrian connections across the ring road (private drive) from Sub-Area “C” shall not be removed. 6. Vehicular circulation shall be studied at time of Traffic Impact Analysis and the necessary private or public improvements will be noted at that time. A scope of study shall be established according to Section 7.1 of the City of Pearland Engineering Design Criteria Manual. E. Phasing Schedule 1. The proposed site development will be completed as one phase. Future phasing configurations may be approved at the discretion of the Director. F. Exhibits 1. A Design Plan has been attached to this Development Plan as Exhibit B, C,D, and E that illustrates the land use and design intent for the property. The Design Plans are intended to serve as a guide to illustrate the general vision and design concepts and are not intended to serve as a final document. Unless explicitly stated in the Development Plan (Exhibit A) all roadway and driveway aisle configurations, ingress and egress locations, amenity locations, and plantings are conceptual. • Exhibit A – Pearland Town Center Sub-Area Map • Exhibit B – Design Plan: Sub-Area “C” Design Plan • Exhibit C – Design Plan: Architectural Intent Design Plan • Exhibit D – Design Plan: Sub-Area “C” Landscape Design Plan • Exhibit E – Design Plan: Sub-Area “C” Amenities Design Plan i SOUlH CENlRAL D1S1RICT SUB-AREA C STORM WATER MANAGEMENT AREA SUB-AREA F SCALE: 1' =450" ¥' "IP-e--.AAEA--U-.. -,is-ARE--CON-CEP_l\J_AL ... 1··i PLANNED DEVELOPMENT SUB-AREA MAP 02/12/2024 Kimley»>Hom PLANNED DEVELOPMENT SUB-AREA MAP 02/12/2024 Kimley»>Hom EXHIBIT A POOL 6,700 SF CLUBHOUSE DOG PARK AMENITY COURTYARD AMENITY COURTYARD © A-01EXHIBIT B - SUB-AREA "C" DESIGN PLAN PEARLAND, TX - PELICAN BUILDERS, INC. NOTE: SITE PLAN DESIGN IS CONCEPTUAL ANDSUBJECT TO CHANGE. © EXHIBIT C - ARCHITECTURAL INTENT DESIGN PLAN PEARLAND, TX - PELICAN BUILDERS, INC. A-01 LEGEND SCREENING SHRUBS ENHANCED PLANTING STREET TREE TYPE 2 STREET TREE TYPE 1 PARKING LOT TREE TYPE 1 PARKING LOT TREE TYPE 2 OFFSITE TREE ENHANCEMENT TYPE CALIPER INCHES QUANTITY LOCATION STREET TREES MEXICAN SYCAMORE SOUTHERN LIVE OAK 2” CAL. 2” CAL. 26 26 FRONTAGE FRONTAGE PARKING LOT TREES WINGED ELM SOUTHERN MAGNOLIA 2” CAL. 2” CAL. 33 30 PARKING LOT PARKING LOT SHRUBS DWARF YAUPON 3 GAL.515 FRONTAGE BUFFER SOUTHERN MAGNOLIA MONTEZUMA BALD CYPRESS 2” CAL 20 ALONG SINGLE FAMILY LOTS OTHER ENHANCED PLANTING SHRUBS AND GROUNDCOVER AMENITY AREA TREES OFFSITE ENHANCEMENT TREES 1 GAL. 2” CAL. 2” CAL. APPROX. 721 SF 37 120 THROUGHOUT SITE AMENITY SPACES OFFSITE ENHANCEMENT REQUIREMENTS PER PD REQUIRED PROVIDED SQUARE FOOTAGE OF SUB AREA C: 480,357 SF 10% OF SITE TO BE LANDSCAPE AREA 480,357 X .10 = 48,036 SF 48,036 SQFT 64,500 SQFT 600 SQFT OF OPEN SPACE SHALL BE PROVIDED PER UNIT 400 UNITS x 600 SQFT = 240,000 SQFT OF OPEN SPACE 240,000 SQFT 288,000 SQFT (INCLUDES IMPROVEMENTS ALONG EXISTING DETENTION SUB-AREA F) TWO CAL. INCH TREES TO BE PLANTED AT 1 CALIPER INCH PER 15 LF OF FRONTAGE 1545 / 15 = 103 INCHES TO BE PLANTED / 2 CAL. IN TREES = 52 TREES TO BE PLANTED 52 TREES 52 TREES PARKING SHALL BE SCREENED FROM VIEW, SHRUBS TO BE 36 O.C. FIVE SHRUBS SHALL BE PROVIDED FOR EVERY 1 CAL. INCH OF STREET TREE 103 X 5 = 515 SHRUBS 515 SHRUBS 515 SHRUBS EACH PARKING SPACE MUST BE WITH 100 FEET OF A TREE YES YES PARKING TREES WILL BE PLANTED AT 1 CAL. INCH OF TREE FOR EVERY 5 PARKING SPOTS 630 / 5 = 126 CAL. INCHES / 2 CAL. INCH TREE = 63 TREES 63 TREES 63 TREES SUB AREA C - LANDSCAPE DESIGN PLAN EXHIBIT D MARCH 2024 OPEN SPACE LANDSCAPE AREA NOTES: 1. PLANT SPECIES ARE CONCEPTUAL AND SUBJECT TO CHANGE. 2. NO EXISTING TREES TO REMAIN NOTE: SITE PLAN IS CONCEPTUAL AND SUBJECT TO CHANGE. SCALE: 1’’ =100’ PELICAN PEARLAND TOWN CENTER - PEARLAND, TEXAS FINAL LOCATION OF BUFFER PLANTING TO BE DETERMINED AFTER ON-SITE INSPECTION AND CONFERENCE WITH CITY URBAN FORESTER 4 BENCH AREAS ALONG TRAIL POND OVERLOOK SEATING AREA CONNECT SIDEWALK FROM DEVELOPMENT TO TOWN CENTER SUB AREA C - AMENITY DESIGN PLAN MARCH 2024 120 SHADE TREES (2’’ CALIPER) EXHIBIT E TRAIL ALONG POND NOTE: SITE PLAN IS CONCEPTUAL AND SUBJECT TO CHANGE. SCALE: 1’’ =100’ PLAY AREA POOL DOG PARK PELICAN PEARLAND TOWN CENTER - PEARLAND, TEXAS