Ord. 0943-18 2010-06-28ORDINANCE NO. 943-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING THE CITY'S COMPREHENSIVE
PLAN AS A GUIDE FOR PRESERVING A SENSE OF COMMUNITY,
ATTRACTIVENESS AND SAFETY IN PEARLAND; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER
CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR
CODIFICATION.
WHEREAS, Local Government Code Section 211.004 requires a municipality
desiring to regulate the use of land within its corporate limits to adopt a comprehensive
plan for future development; and
WHEREAS, on the 13th day of December, 1999, the City Council adopted a
comprehensive plan setting the goals, objectives, policies, and criteria for Pearland's
physical growth; and
WHEREAS, accommodating anticipated growth while preserving a sense of
community is critical to the City's proper development;
WHEREAS, on the 17th day of May, 2010, 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 May, 2010, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendments to the Comprehensive Plan, whereby the Commission
recommended approval of the amendments, said recommendation attached hereto and
ORDINANCE NO. 943-18
made a part hereof for all purposes as Exhibit "B"; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That City Council hereby amends the City's Comprehensive Plan,
including the Future Land Use Plan and Thoroughfare Plan, attached hereto as Exhibits
A-1, A-2, and A-3, as a guide for accommodating anticipated growth while preserving a
sense of community in Pearland.
Section 2. Savings. 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 3. Severability. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional or
otherwise unenforceable 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 4. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided herein above.
Section 6. Effective Date. The Ordinance shall become effective immediately
upon its passage and approval on second and final reading.
2
ORDINANCE NO. 943-18
PASSED, APPROVED, and ADOPTED on First Reading this the 14th day of
June, 2010.
TOM REID
MAYOR
ATTEST:
PASSED, APPROVED, and ADOPTED on Second and Final Reading this the
28th day of June, 2010.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
3
Exhibit "A-1"
Ordinance No. 943-18
MAJOR GOAL:
Accommodate
anticipated
growth while
preserving
a sense of
community,
attractiveness
and safety
LAND USE
Section 5.0
INTRODUCTION
The Land Use Plan is typically the most
important and most referenced element of a
Comprehensive Plan. The Land Use Plan
for Pearland reflects the existing city and
presents an arrangement for future growth
of the entire Planning Area through the year
2020 and beyond. Included is Shadow
Creek Ranch, a 3,305 acre Planned Unit
Development approved in September, 1999.
The development will encompass almost
the entire area west of S.H. 288 from Clear
Creek to County Road 92.
Pearland has experienced tremendous
growth in the 1990's and the rate of growth
has been accelerating. The population of
the Planning Area is expected to at least
double over the next two decades. The
City's major goal is to accommodate antic-
ipated growth while preserving its sense of
community, attractiveness and safety. Pri-
mary objectives to achieve this goal have
been identified in the Pearland 2020 Vision
Statement and are reiterated below:
• Establish a vigorous, diversified econ-
omy solidly based upon:
- A pro -growth business environment
- A highly skilled and motivated
workforce
An environmentally friendly indus-
trial base
• Provide a full spectrum of retail, health,
transportation and business services
that meet all the needs of the communi-
ty.
• Accommodate a wide range of alterna-
tive and affordable housing in well
planned neighborhoods that offer:
- Convenient access via modern tho-
roughfares
Many recreational amenities which
blend in aesthetically with the envi-
ronment.
The Land Use Plan strives to meet the Pear -
land 2020 objectives while respecting exist-
ing land use patterns, natural and man-made
physical constraints and jurisdictional in-
fluences. Major features of the Plan in-
clude the following ten initiatives:
I.
Reinvent the old townsite as a
modern village with a compatible
mix of residential and nonresi-
dential uses.
2. Establish Pearland Parkway as
central axis linking many of the
City's major recreational, educa-
tional and institutional assets.
a
3. Develop a restaurant and enter-
tainment district in a park setting
with convenient regional access.
4. Establish an attractive business
park environment along the State
Highway 288 corridor.
S. Provide well-defined residential
neighborhoods with centrally lo-
cated parks.
6. Concentrate local retail, offices
and services into nodes centered
at the intersections of major tho-
roughfares, instead of continuous
commercial strips.
LAND USE
Section 5.0
7. Designate sizeable areas for in-
dustrial and light industrial eco-
nomic development.
8. Preserve major drainageways as
open space, recreation corridors,
and natural habitat.
9. Develop a series of gateways
within and around the periphery
of the City.
The Land Use Plan presented in Figure 5:1
includes these major features and indicates
the proposed land use pattern throughout
the entirety of the Pearland Planning Area.
The map is general in its representation and
is not intended to specify land use on a par-
cel by parcel basis. Following is a brief
description of the land use categories shown
on the map along with the appropriate im-
plementing zoning districts. Most catego-
ries can be implemented using zoning dis-
tricts already outlined in the Land Use and
Urban Development Ordinance. Several
land use areas such as the old townsite will
require a new zoning district in order to
achieve the recommendations of the Land
Use Plan.
LAND USE CATEGORIES
Low Density Residential
• Conventional single-family detached
development
• 0-4 dwelling units per acre
• Average lot size: 7,500 square feet
• Smaller lots may be acceptable if com-
mon open space is provided and overall
density is not increased
• Appropriate zoning districts:
R-1, Single Family
R-2, Single Family
Medium Density Residential
• Less traditional attached and detached
development including duplexes, town -
homes, and patio homes, or
• Mix of low and high density residential
use
• 4-10 dwelling units per acre
• Average lot size: 4,000 — 6,000 square
feet
• Smaller lots may be acceptable if com-
mon open space is provided and overall
density is not increased
• Appropriate zoning districts:
R-3 Single Family
R-4, Single Family
High Density Residential
• Apartment/condominium residences
• 10 units or more per acre
• 3 story maximum height
• Appropriate zoning district:
MF, Multi -Family
Manufactured Housing
• Manufactured houses, mobile homes
• Minimum lot size: 6,000 square feet
• Appropriate zoning district:
MH, Mobile Home Park
Retail, Offices and Services
• Neighborhood or convenience shopping
centers, or developed as separate uses
• Preferably located at major street inter-
sections
• Limited outdoor retail activities
• Buffer from neighboring single family
residential
• Appropriate zoning districts:
OP, Office and Professional
NS, Neighborhood Service
GB, General Business (selected
uses)
2
LAND USE
Section 5.0
Office
• Mid -rise office buildings (adjacent to
the David L. Smith Project)
• Retail and restaurants as a secondary
use within the buildings
• Parking areas preferred within the
building sideyards and rearyards
General Business
• Extensive variety of business activities
• Larger tracts of land normally required
• Outdoor commercial activities permit-
ted
• Appropriate zoning districts:
GB, General Business (all uses)
C, Commercial
Light Industrial
• Warehousing, distribution, assembly,
fabrication and light manufacturing; in-
dustrial parks; high tech industries
• Supporting retail, office and service
uses congregated at street intersections
• Performance standards for certain uses
• Indoor and outdoor commercial uses
• Appropriate zoning districts:
M-1, Light Industry
Industrial
• Manufacturing, assembly, processing,
storage and/or distribution
• No adjacency to residential areas
• Strict performance standards
• Supporting commercial uses congre-
gated at street intersections
• Appropriate zoning districts:
M-1, Light Industry
M-2, Heavy Industry
Village District
• The old townsite
• Low and medium density residential
uses
• Residential -compatible retail, office
and service uses (preferably adjacent to
major thoroughfares and collector
streets)
• Supporting recreational, educational,
cultural and civic facilities
• Appropriate zoning district to be estab-
lished (currently zoned MF, GB, C and
OP)
Business Park
• State Highway 288 corridor and por-
tions of Beltway 8 nearest S.H. 288
• Mixed use area developed in coordi-
nated, master planned campus -like set-
tings with interdependent and compli-
mentary uses
• Preferred uses include:
- office buildings of various
heights
- regional shopping centers and
malls
- research and development
facilities
- light manufacturing
• High density residential may be incor-
porated as a transitional use along the
outer edge of the corridor or within
mixed use developments
• Special design standards
• Appropriate zoning districts:
PUD, Planned Unit Development
Corridor Overlay District or new
base zoning district
Public/Semi-Public
• Government -owned or operated build-
ings such as libraries, fire stations, or
city hall
3
LAND USE
Section 5.0
• Public schools and school administra-
tion buildings
• Cemeteries
Parks and Open Space
• Sites under public ownership including:
- neighborhood parks
- community parks
- linear parks and greenbelts
- regional parks
special use facilities such as the
David L. Smith Project
• Sites under private ownership includ-
ing:
- neighborhood parks within
residential subdivisions
golf courses
Drainage and Flood Protection
• Creeks, bayous and attendant floodways
not intended for public use
• Stormwater detention sites
4
LAND USE
Section 5.0
PLANNING INITIATIVE #3
Develop a restaurant and entertain-
ment district in a park setting with
convenient regional access.
The City has already acquired a several
hundred acre site on Clear Creek less than
'/2 mile south of Beltway 8. The site is
known as the David L. Smith Project in
honor of a former City councilman and
long-time emergency management coordi-
nator for Pearland. Mr. Smith was instru-
mental in assembling the acreage which was
previously comprised of numerous parcels
with multiple owners.
The David L. Smith Project site is bisected
on a north/south axis by the future align-
ment of Pearland Parkway. Another major
thoroughfare, McHard Road, will enter the
site from the west and terminate at the
Parkway. Along Beltway 8, a grade sepa-
rated intersection has already been built at
Pearland Parkway as part of constructing
the Sam Houston Toliway. Entrance and
exit ramps from the toll road are already in
place providing immediate access to the
greater Houston area. Adjoining the David
L. Smith site to the north and east is the 324
acre El Franco Lee Park under development
by Harris County. The County's park site
extends westward along Clear Creek cross-
ing the future location of Pearland Parkway.
Wooded areas, nature preserves and over
100 acres of developed lakes will enhance
the restaurant and entertainment district.
Restaurant and entertainment facilities will
be located on a 10 acre island and 14 acre
peninsula delineated by the curvilinear
lakes. Lakefront uses are expected to in-
clude:
• Restaurant sites with outdoor dining
areas
• A retail center with craft shops, a coffee
house, boutiques, a breakfast/lunch cafe
and perhaps a microbrewery.
• Amphitheater
• Educational facilities in a campus like
setting
Other uses under consideration are:
• Family aquatic amusement park
• Working arboretum with a retail nur-
sery/garden center and educational se-
minars
• High-tech conference center
• Office buildings
Recreational uses of the three proposed
lakes will include paddle boating, canoeing,
sculling, wind surfing and fishing. Each
will feature a fountain. The lakes are being
created as a means to provide significant
stormwater detention. Earthwork is under-
way. Excavated soil is available for use as
fill material in local public and private land
development projects.
Land use adjacent to the David L. Smith
Project should complement the restaurant
and entertainment district. In this regard,
the Land Use Plan recommends mid -rise
office use along the southern perimeter of
the site and medium and high density resi-
dential use to the west along Old Alvin
Road.
Office use within and adjacent to the site
will help support weekday retail and restau-
rant trade. Higher density residential areas
will increase weeknight and weekend use.
Multi -story buildings along the southern
perimeter of the site will enjoy impressive
views of the lakes in the foreground and the
downtown Houston skyline in the back-
ground.
5
LAND USE
Section 5.0
A master plan for the David L. Smith
Project is presented below. Implementation
should occur through use of the Planned
Unit Development mechanism provided in
the City's Zoning Ordinance. A PUD could
be defined for the restaurant and entertain-
ment district alone or encompass the entire
site. Also applicable will be the Pearland
Parkway Corridor Overlay District.
Site development will not be instantaneous.
The David L. Smith Project will require a
period of time for the lakes to take shape as
soil continues to be excavated and for
access to be provided. But the opportunity
is there to develop a special facility unique
to the entire Houston metropolitan area.
6
LAND USE
Section 5.0
PLANNING INITIATIVE #6
Concentrate local retail, offices and
services into nodes centered at the
intersections of two major thorough-
fares instead of continuous strips
along the length of either thorough-
fare.
Pearland has experienced considerable
commercial and retail strip development
along the City's two main roads - Broadway
and Main. Much of this development has
the following characteristics:
• Shallow depth lots
• Numerous individual ownerships
• Numerous driveways that impair mobil-
ity
• Numerous small buildings with no arc-
hitectural unity
• Numerous signs
• Little or no landscaping
• Limited parking often restricted to the
front setback area
The City's appearance can be improved and
traffic mobility can be enhanced by limiting
future commercial to selected areas and
congregating retail, office and service uses
at the intersections of major thoroughfares.
This objective is most imperative for far
western undeveloped portions of Broadway.
Through its zoning powers, the City can
prevent West Broadway from duplicating
East Broadway. The Land Use Plan map
proposes residential "windows" on Broad-
way between Manvel Road and Cullen Bou-
levard, between Cullen and Southwyck
Boulevard, and between Southwyck and the
South Freeway. These residential windows
can be a mix of densities with higher densi-
ties more prevalent nearer the freeway.
In clustering retail and related uses at major
thoroughfare intersections, the challenge
will be how to limit the amount of retail
zoning to that which can be supported by
nearby residents. When the Texas economy
declined in the mid-1980's, a number of
communities had an oversupply of retail
zoned property. Zoning all four comers
retail had been prevalent, with each corner
tract generally sized at 10-15 acres. Cities
developed on major thoroughfare grids
spaced about one mile apart soon learned
that a square mile residential area could not
support 40-60 acres of retail, offices and
services at every intersection of two major
thoroughfares. About half that amount was
found to be more practical.
7
LAND USE
Section 5.0
Major and Minor Retail Nodes
In order to avoid the experiences of other
Texas cities, the Land Use Plan for Pear -
land designates key intersections as either
major or minor retail nodes. Major retail
nodes are intended to have an approximate
maximum of 50 acres zone for retail, office
and service uses. Minor retail nodes should
comprise less than 25 acres. The total allo-
cation for either a major or minor retail
node can be distributed in any number of
ways among an intersection's four corners
depending on factors such as property own-
ership, physical constraints, and jurisdic-
tional influences. As discussed under the
Neighborhood Unit Concept, retail, office
and service uses need not occupy every
corner of intersecting major thoroughfares.
Also appropriate at or near the corner are
medium and higher density residential.
The Land Use Plan indicates limited strip
development for general business use along
State Highway 6 and F.M. 521 in the far
western and southwestern portions of the
Planning Area. Until these areas are an-
nexed, the City cannot control their use.
Further development with a variety of uses
will likely occur prior to annexation and
application of the City's zoning ordinance.
Strip business development along F.M. 521,
however, can serve as a buffer to probable
similar development along the west side of
the street in Houston's extra territorial ju-
risdiction that will probably never be zoned.
Residential Retail Nodes
Residential Retail Nodes are intended to
provide limited retail and personal service
operations for customers from immediate
residential neighborhoods only. These
nodes, at locations recommended by the
Future Land Use Plan, and targeted to ap-
proximately five (5) acres, should be de-
signed in a manner that does not adversely
affect the neighborhood character and en-
courages non -vehicular access and circula-
tion.
Exhibit "A-2"
Ordinance No. 943-18
E
Exhibit "A-3"
Ordinance No. 943-18
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Exhibit "B"
Ordinance No. 943-18
Planning & Zonin Commission
Recommendation Letter
May 18, 2010
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Comprehensive Plan Amendments
Honorable Mayor and City Council Members:
At their meeting of May 17, 2010, the Planning and Zoning Commission considered the
proposed amendments to the Comprehensive Plan.
Commissioner Henry made a motion to recommend approval of proposed amendments
to the Comprehensive Plan, including amendments to the Future Land Use Plan and
Thoroughfare Plan, with condition to remove the word "only" in page 5.24 of the
Comprehensive Plan under Residential Retail Nodes as shown below.
Residential Retail Nodes are intended to provide limited retail and personal
service operations for customers from immediate residential neighborhoods only.
Commissioner Richard Golden seconded the motion.
The vote was 5-0 and the motion passed.
Sincerely,
Lata Krishnarao, Planning Director
On behalf of the Planning and Zoning Commission
Page 1
Planning & Zoning Commission
Recommendation Letter
March 25, 2010
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Future Land Use Plan
Honorable Mayor and City Council Members:
At their meeting of March 15, 2010, the Planning and Zoning Commission considered
the amendments to the Future Land Use Plan and recommended approval of the
recommendations as proposed in the document titled "Pearland — Our City, Our Future
— Land Use Plan Update — October 2009 - P & Z's Recommendations" presented to the
City Council in November and December 2009 with the following amendments:
Comment #9: Annexation of 1000' South of Bailey Avenue and Land South of
Southern Trails & Council Comment #10: Pearland Parkway and Airport —
Commercial Uses
1. Exclude residential areas east of CR 127 and north of the airport in Area 6 —
airport area, as directed by the council.
2. Add the following three "donut" areas to the 3-year annexation plan, as directed
by the council:
a. L- shaped area, west of Manvel Road, north of Southfork Road.
b. Area west of Manvel, south of Southfork and north of Bailey Road.
c. Rectangular area north of CR 59 and west of CR 48.
Council Comment #13: Add Neighborhood Nodes Within Residential
P & Z recommended that the following adjacency considerations be added to the
UDC:
• Located at street intersections shown on the Future Land Use Plan.
• Permitted only by a Conditional Use Permit —Public Hearing process.
• Minimum impact on surroundings.
• Distance from other existing, designated or proposed non-residential uses,
zones or
nodes along local, collector or thoroughfare streets.
• Existence of pedestrian access (walkways, bikeways, trailways, and traffic
controls) to promote safety.
• Required buffers along property lines adjacent to single-family residential.
• Height of lighting limited to height of building and shielded to reduce glare on
residential.
• Nonresidential uses shall be located on lots that have frontage on Collectors
or Thoroughfares.
• No outdoor uses or storage except outdoor seating for restaurants and cafes
and similar uses permitted by a CUP.
• Parking areas shall not be located directly adjacent to any adjoining
residential use(s) —additional screening may be required.
• Screening Standards to include:
o Landscape Elements —shrubbery and trees having year-round foliage
o Built Elements —masonry wall, eight feet in height
• Limit total number of parking spaces to 75% of that required by the UDC. The
remaining 25% of required parking area maintained as landscaped open
space.
• Submittal of a site plan showing the layout of the buildings, activities, buffers,
parking, driveways and other elements as required by the P & Z Commission
and City Council to assist in evaluating the impact of the development on
surrounding uses.
Land Uses to conform to the Land Use Matrix. Add uses permitted in these
nodes. Only for limited uses serving the immediate neighborhood.
• Hours of operation to be approved as part of the CUP.
• Unless otherwise specified in this section, the development in these nodes
shall conform to all other requirements of the OP zone, and UDC.
Additional Recommendation:
Expand the Old Town Site boundaries to include the old airport site south of
Walnut Street, between SH 35, Hampshire, and Old Alvin.
Sincerely,
Jerry Koza, Jr.
Chairman, Planning and Zoning Commission
AFFIDAVIT OF PUB
Exhibit " Q"
Ordinance No. 943-18
The Peariand Reporter News
2404 South Park
Peariand, Texas 77581
State of Texas
-Brazoria and Harris Counties
1, Lloyd Morrow, hereby certify that the notice hereby a
in THE REPORTER NEWS, a newspaper of general cpp�nded was- published
and Galveston Counties, for aton �n grazoria, Harris
issues, as follows:
•
No. 1
Date 2/
Date
No Date
No Date
Date
20
No.
20
20
20
20�
Subscribe and sworn to before m this <
1 day of
Notary Pubfc. &tale ci
Laura Ann Emm s, Publisher
Notary Public, State of Texas
Published April 28, 2010
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
AMENDMENTS TO
THE COMPREHEN-
SIVE PLAN
Notice is hereby given
that an May 17, 2010 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, on the
request of the City al
Pearland, for proposed
amendments to the
Comprehensive Plan
including but not limited
to the Future Land Use
Plan and the
Thoroughfare Plan.
At said hearing all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Gantuah
Senior Planner