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HomeMy WebLinkAboutOrd. 2000M-271 20250609Ordinance No. 2000M-271 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 Parcel 1: Lot 2, being 7.97 acres (347,082 sq. ft.), out of the Minor Plat of Zamarron Special, a 11.91-acre subdivision in the City of Pearland, in Brazoria County, Texas, according to the map or plat thereof, recorded under Brazoria County Clerk's File No. 2009037362 of the Official Public Records of Brazoria County, Texas. Parcel 2: A 7.94-acre tract of land being part of and out of 11.110-acre tract of land out of Lot 178 of the Zychlinski Subdivision of Section 28 H.T. & B.R.R. Company Survey, Abstract 551, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 9 of the Deed Records of Brazoria County, Texas, being said 7.94-acre tract of land being out of and part of land described in deed dated May 23, 2003, to Jesse G. Zamarron and Amalia V. Zamarron recorded under Brazoria County Clerk's File No. 2003052501 (located at the Northeast of the Intersection of Dixie Farm Road and Main Street, Pearland, Texas). Zone Change Application No. ZONE 24-28, a request by Paige McKee, applicant, on behalf of Dixie Farm Property, LLC, owner, for approval of a zone change for 15.91 acres of land from Light Industrial (M -1) and Heavy Industrial (M-2) District to Planned Development (PD) District for a proposed RV, trailer, and boat storage facility (self -storage facility); 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, Paige McKee, applicant, on behalf of Dixie Farm Property, LLC , owner, is requesting approval of a zone change for 15.91 acres of land from Light Industrial (M-1) and Heavy Industrial (M-2) District to Planned Development (PD) District for a proposed RV, trailer, and boat storage facility (self-storage facility); 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 21st day of April, 2025, 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 Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 Page 2 of 10 Ord. No. 2000M-271 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 premises, submitted its report and recommendation to the City Council regarding the proposed zone change from Light Industrial (M-1) District and Heavy Industrial (M-2) District to Planned Development (PD) 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 21st day of April, 2025; and WHEREAS, on the 12th day of May, 2025, 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 zone change from Light Industrial (M-1) District and Heavy Industrial (M-2) District to Planned Development (PD) District, 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 Light Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 Page 3 of 10 Ord. No. 2000M-271 Industrial (M-1) District and Heavy Industrial (M-2) District, is hereby granted approval for Planned Development (PD) District, 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: Parcel 1: Lot 2, being 7.97 acres (347,082 sq. ft.), out of the Minor Plat of Zamarron Special, a 11.91 -acre subdivision in the City of Pearland, in Brazoria County, Texas, according to the map or plat thereof, recorded under Brazoria County Clerk's File No. 2009037362 of the Official Public Records of Brazoria County, Texas. Parcel 2: A 7.94-acre tract of land being part of and out of 11.110-acre tract of land out of Lot 178 of the Zychlinski Subdivision of Section 28 H.T. & B.R.R. Company Survey, Abstract 551, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 9 of the Deed Records of Brazoria County, Texas, being said 7.94 -acre tract of land being out of and part of land described in deed dated May 23, 2003, to Jesse G. Zamarron and Amalia V. Zamarron recorded under Brazoria County Clerk's File No. 2003052501. General Location: Northeast of the Intersection of Dixie Farm Road and Main 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 Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 Page 4 of 10 Ord. No. 2000M-271 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: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 Page 5 of 10 Ord. No. 2000M-271 PASSED, APPROVED, and ADOPTED on First Reading this 12th day of May 2025. ________________________ J. KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9th day of June 2025. ________________________ J. KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 Page 6 of 10 Ord. No. 2000M-271 Exhibit “A” Legal Description Parcel 1: Lot 2, being 7.97 acres (347,082 sq. ft.), out of the Minor Plat of Zamarron Special, a 11.91-acre subdivision in the City of Pearland, in Brazoria County, Texas, according to the map or plat thereof, recorded under Brazoria County Clerk's File No. 2009037362 of the Official Public Records of Brazoria County, Texas. Parcel 2: A 7.94- acre tract of land being part of and out of 11.110 -acre tract of land out of Lot 178 of the Zychlinski Subdivision of Section 28 H.T. & B.R.R. Company Survey, Abstract 551, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 9 of the Deed Records of Brazoria County, Texas, being said 7.94 -acre tract of land being out of and part of land described in deed dated May 23, 2003, to Jesse G. Zamarron and Amalia V. Zamarron recorded under Brazoria County Clerk's File No. 2003052501. Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 Page 7 of 10 Ord. No. 2000M-271 Exhibit “B” Vicinity Map Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 Page 8 of 10 Ord. No. 2000M-271 Exhibit “C” Legal Advertisement Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 Page 9 of 10 Ord. No. 2000M-271 Exhibit D Planning and Zoning Commission Recommendation Letter Recommendation Letter April 22, 2025 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Zone Change Application No. ZONE 24-28 Honorable Mayor and City Council Members: At their regular meeting on April 21, 2025, the Planning and Zoning Commission considered the following request: Public Hearing: A request by Paige McKee, applicant, on behalf of Dixie Farm Property, LLC, owner, for approval of a zone change for 15.91 acres of land from Light Industrial (M-1) and Heavy Industrial (M-2) District to Planned Development (PD) District for a proposed RV, trailer, and boat storage facility (self-storage facility) to wit: Legal Description: Parcel 1: Lot 2, being 7.97 acres (347,082 sq. ft.), out of the Minor Plat of Zamarron Special, a 11.91 -acre subdivision in the City of Pearland, in Brazoria County, Texas, according to the map or plat thereof, recorded under Brazoria County Clerk's File No. 2009037362 of the Official Public Records of Brazoria County, Texas. Parcel 2: A 7.94-acre tract of land being part of and out of 11.110 -acre tract of land out of Lot 178 of the Zychlinski Subdivision of Section 28 H.T. & B.R.R. Company Survey, Abstract 551, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 9 of the Deed Records of Brazoria County, Texas, being said 7.94-acre tract of land being out of and part of land described in deed dated Ma y 23, 2003, to Jesse G. Zamarron and Amalia V. Zamarron recorded under Brazoria County Clerk's File No. 2003052501. General Location: Northeast of the Intersection of Dixie Farm Road and Main Street, Pearland, Texas. The Planning and Zoning Commission conducted a public hearing for the proposed zone change request at their regular meeting on April 21, 2025. At the meeting, Paige McKee and Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 Page 10 of 10 Ord. No. 2000M-271 James McKee were available to present the request. There was no comment from the public. The commission and staff discussed the changes made to the PD to address comments from the previous meeting and the location of the detention. After discussion, the Commission took a motion to recommend approval of the proposed zone change and the motion passed by a vote of 7 -0. The vote by the Commission constitutes a positive recommendation for approval by City Council. Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission Docusign Envelope ID: BFBAA784-71EF-4FB7-B5B3-F4288C580DD4 1 | P a g e May 2025 Project: Dixie Farm Boat & RV Storage Document: Planned Development Outline A. Project Introduction: 1) Subject Property The existing property is 15.91 acres of vacant land located on Dixie Farm Road just east of State Highway 35 presently zoned M-2, Heavy Industrial with a small section located in zone M-1, Light Industrial. Property is located within the Corridor Overlay District. The surrounding properties are industrial commercial businesses to the north, west and south and Hill Landfill to the east. 2) Proposed Development The proposed development, named Dixie Farm Boat & RV Storage, will provide safe and secure storage for owners of boats, recreational vehicles, trailers and other large items of value. 3) Description of Area The proposed development site is a recent combination by plat of 7.97 acres and 7.94 acres of that area known as Zamarron Special Subdivision, with 0.53 acres fronting Dixie Farm Rd. to be left as green space. The subject property and immediate surrounding properties are all zoned for industrial use. 4) Purpose Statement The purpose of the development is to fulfill the storage needs of large vehicle owners within the city of Pearland and surrounding communities. This facility will serve as the first of its kind within the city limits of Pearland as a premium storage option to meet the demands of its ever-growing population. 5) Comprehensive Plan By approving the proposed regulation changes within the COD of the subject property located on Dixie Farm Rd, the proposed development will be able to proceed based on its unique characteristics and location without removing COD requirements for future development to the surrounding area. Additionally, the proposed layout and aesthetics of the exterior wall and adjacent buildings facing Dixie Farm Rd will enhance the look of the heavy industrial area of Dixie Farm Rd, which is neighboring Hill Landfill (AKA -The Dump). 2 | P a g e 6) Applicability The proposed PD meets the requirements of 7 & 8 under the applicability section 2.2.2.1(b) of the UDC. The proposed site’s characteristics and proximity to the landfill lend themselves well to the proposed use and the clean design is a progressive advancement towards future development in the surrounding area. B. Zoning and Land Use Current Zoning: 1) Most of the property is currently zoned M-2, Heavy Industrial, with a minor portion being zoned M-1, Light Industrial and entirely contained within the COD. 2) The portion of land in zone M-2 is approximately 14.21 acres. The remaining, of approximately 1.7 acres, is zone M-1. Proposed Base Zoning: 1) This application proposes amending the PD District to establish a base zoning of M-2 District for the entire subject property and amending the requirements of the COD as it pertains to this property. 2) Land use table C. Design Standards 1) UDC Proposed Regulations Design standards for the proposed development meet the UDC requirements with the exception to a minor number of requested variances as described in the table below: USE ACRES EXISTING ZONE Detention 3.88 M-2 Primary Development 10.12 M-2 Pipeline ROW 1.38 M-2 Green Space Fronting Dixie Farm Rd 0.53 M-2 3 | P a g e M1/M2 Current Regulations Proposed Regulations UDC - Section 2.5.3.2 Regulations Specific to Use (f) (a) The use of mini-warehouse / self storage is prohibited from locating along any roadway with the Corridor Overlay District designation with exception to Main Street (State Highway 35). Extend the Main Street (State Highway 35) exception for mini warehouse / self-storage to this site, exclusively (property ID 178228) UDC - Section 2.5.3.2 Regulations Specific to Use (f)(c ) The use of mini-warehouse / self storage shall be climate controlled with exception to any accessory outdoor storage areas for vehicles The use of mini warehouse / self-storage may be climate controlled with the exception to any outdoor storage, covered storage, and/or enclosed storage for items such as boats, RV's, trailers, and other large vehicles as it applies to this site, exclusively (property ID 178228). UDC - Section 2.4.4.8 (f) - Parking Parking and loading shall be provided in conformance with Chapter 2, Article 5, Division 2 and Chapter 4, Article 2, Division 1 of this UDC. Temporary parking spaces provided inside the gated development as required, with an exception for the five spaces outside of the security fence for this site. Property will not include an office building. Access to the gated property will be restricted to authorized individuals only. All "guest" parking spaces will be located inside the fully fenced and gated facility (property ID 178228). (See Exhibit C) UDC - (COD) Section 2.4.5.1 (d) - Building Facade Standards (1b) - Building Articulation All nonresidential structures less than fifty thousand (50,000) square feet shall incorporate architectural variation of at least one foot (1’) in depth for every ten feet (10’) (not cumulatively) in vertical or horizontal length. Exception to the COD building facade requirement for Property ID 178228 at Dixie Farm Rd near Hwy 35, a heavy industrial area. Propose changing the architectural variation as currently stated to one foot (1’) for every twenty feet (20’), reducing the cluttered appearance. (See Exhibit F (1-3)) UDC - Section 2.4.5.1 (d) - Building Façade Standards (2) A minimum twenty-five percent (25%) of an exterior wall facing the specified major thoroughfare shall be transparent, except for Public Educational Facilities, which are exempt from this requirement, and Chapter 2: Zoning Regulations Page 2-99 structures located in the M- 1 or M-2 zoning districts, for which the transparency percentage shall be a minimum of fifteen percent (15%). Exception is requested for Property ID 178228 to reduce requirement from 15% to 5% for aesthetic purposes and security and liability concerns. Windows will be opaque to protect stored contents. (See Exhibit F (1-3)) UDC - Section 2.4.5.1 (g) Landscaping Standards (3c) A minimum of sixty percent (60%) of required street trees shall be evergreen with year-round foliage. Existing tree canopy or natural vegetation is permitted to remain along Dixie Farm Road with no additional plantings needed. If natural vegetation is removed by 60% as determined by the Urban Forester or City manager's designated agent, then written notice will be provided to the property owner that the minimum required landscaping for the Corridor Overlay District (Section 4.2.2.4 (3)(b)) will to be provided within 6 months of notification. (See Exhibit E (1-3)) UDC - Section 2.4.5.1 (i) - Screening Standards (2) - Screening Elements Required Screening Elements Required: All screening walls visible from a public street shall be: a. Constructed of masonry materials that are consistent with the color and design of the primary on-site structure. b. Consistent in color and design with the building architecture. c. Uniform in style and materials along the entire length of the screen within a single development. Exterior screening wall facing Dixie Farm Rd will be constructed of SimTek Ecostone to closely emulate masonry materials. (See Exhibit G) UDC - Section 2.4.3.1 (k)(4) Connection to the Building: A minimum six-foot (6') wide pedestrian sidewalk shall be provided to the building entry. The connecting sidewalk shall be accessiable, readily available, and paved. Exception requested based on the property type and intended use. Access to the property will only be provided to renters with passcode or prior authorization. Public access will not be permitted. *All requirements of the respective UDC requirements will be met unless otherwise outlined in the planned development package. **All requirements will be met in accordance with city guidelines, engineering, and building codes. 4 | P a g e 2) Additional Landscaping - Shrubs shall be provided for the length of the proposed fencing along Dixie Farm Road that are 2'-3' in height as measured from the surrounding soil line and at a minimum thirty-six inch (36”) spacing. - Ornamental trees with a minimum 2” caliper measured 12” from the ground shall be provided every 50 linear feet for the length of the proposed fencing along Dixie Farm Road. - Shrubs shall be provided along the interior temporary parking spaces that are 2'-3' in height as measured from the surrounding soil line and at a minimum thirty-six inch (36”) spacing. 3) Fencing – Exhibit G - Proposed SimTek Ecostone Fencing along Dixie farm Road is to be 8 feet tall Exhibits 1) Exhibit A (1) – Metes and Bounds – Topography Survey 2) Exhibit A (2) - Survey Showing Fire Exhibit 3) Exhibit B – CAD View Location 4) Exhibit C – Site Plan 5) Exhibit D (1) – Street View 6) Exhibit D (2) – Street View with Current Folliage 7) Exhibit E (1-2) – Green Space Frontage 8) Exhibit F (1-2) – Architectural Variations and Transparency 9) Exhibit F (3) – Partial Elevation (Street View) 10) Exhibit G – Fencing – SimTek EcoStone Wall EXHIBIT A(1) Topography Survey EXHIBIT A(2): Fire Exhibit Survey Location: Dixie Farm near Hwy 35 (Property ID178228) Neighbors: Landfill (AKA The Dump), Tymetal Corp., Compositech, and Texas Bearing Services. EXHIBIT B EXHIBIT C Site Plan Future Right of Way for Dixie Farm Rd. Green space 0.5257 acres EXHIBIT D Street View •Showing the natural Spring foliage fronting Dixie Farm Rd. with the facility behind it. EXHIBIT E (1) Exhibit E (2) Green space owned by Dixie Farm Property, LLC. 0.5257 acres Leaving natural foliage in place. Exhibit E (3) Property Fronting Dixie Farm Dr. with Spring foliage Green space fronting Dixie Farm Rd. Pipeline Easement Exhibit F (1) Transparency and Architectural Variations Incorporating a stone veneer with inset windows to meet the COD guidelines and requested variances. Exhibit F (2) Exhibit F (3) 18 ft. Building behind a 8 ft. wall. 10 ft. building exposed above wall Exhibit G SimTek EcoStone Simulated stone 8ft. in height.