Ord. 2000M-0094 2012-11-26ORDINANCE NO. 2000M-94
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 REAL PROPERTY, LOCATION BEING
38.909 ACRES OF LAND IN THE H. T. & B. R. R. COMPANY SURVEY,
SECTION 81, ABSTRACT NO. 300, BRAZORIA COUNTY, TEXAS, BEING
A PORTION OF LOTS 38, 39, 40, 49, AND 50 OF THE ALLISON RICHEY
GULF COAST HOME COMPANY'S PART OF SUBURBAN GARDENS, A
SUBDIVISION OF RECORD, VOLUME 2, PAGE 98, OF THE PLAT
RECORDS OF SAID BRAZORIA COUNTY (B.C.P.R.), MORE
PARTICULARLY BEING THE RESIDUE OF THAT CERTAIN CALLED
30.583 ACRE TRACT (DESCRIBED AS PART ONE), AND THE RESIDUE
OF THAT CERTAIN CALLED 9.990 ACRE TRACT (DESCRIBED AS PART
TWO) CONVEYED FROM COMPASS BANK TO PARKSIDE 59/288 LTD,
BY AN INSTRUMENT OF RECORD UNDER DOCUMENT NUMBER
2011012491, OF THE OFFICIAL PUBLIC RECORDS OF SAID BRAZORIA
COUNTY (B.C.O.P.R.) (LOCATED AT THE NORTHWEST CORNER OF
CR59/SH288, PEARLAND, TEXAS), ZONE CHANGE 2012-13Z, A
REQUEST OF KERRY GILBERT & ASSOCIATES, APPLICANT, ON
BEHALF OF PARKSIDE 59/288, LTD., OWNER, FOR APPROVAL OF A
ZONE CHANGE FROM THE THE BUSINESS PARK 288 (BP -288) ZONE
TO THE PLANNED DEVELOPMENT (PD) ZONE, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Kerry Gilbert & Associates, applicant, on behalf of Parkside 59/288,
Ltd., owner, filed an application for amendment to Ordinance No. 2000M, the Zoning
Map of the City, for approval of a change in the zoning district from Business Park 288
(BP -288) zone to the Planned Development (PD) zone; said property being legally
described in the original applications for amendment 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 15th day of October, 2012, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
ORDINANCE NO. 2000M-94
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 15th day of October, 2012, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed zone change application of Kerry Gilbert & Associates,
applicant, on behalf of Parkside 59/288, Ltd., owner, whereby the Commission
recommended conditional approval of the change of classification for the described
property from its existing classification of Business Park 288 (BP -288) zone to the
Planned Development (PD) zone, 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 meeting(s) on the 12th day of November,
2012 and; 26th day of November 2012; 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 Kerry Gilbert & Associates, applicant, on behalf of Parkside 59/288,
Ltd., owner, presented which, in the judgment of the City Council, would justify the
approval of said application; now, therefore,
Page 2 of 5
Ord No 2000M-94
ORDINANCE NO. 2000M-94
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 classified as Business Park 288
(BP -288) zone to the Planned Development (PD) zone, in accordance with all
conditions and requirements of the current Unified Development Code and conditions
listed below, incorporated for all purposes, such property being more particularly
described as:
38.909 acres of land in the H. T. & B. R. R. Company Survey, Section 81,
Abstract No. 300, Brazoria County, Texas, being a portion of lots 38, 39, 40, 49,
and 50 of the Allison Richey Gulf Coast Home Company's part of Suburban
Gardens, a subdivision of record, Volume 2, Page 98, of the Plat Records of said
Brazoria County (B.C.P.R.), more particularly being the residue of that certain
called 30.583 acre tract (described as Part One), and the residue of that certain
called 9.990 acre tract (described as Part Two) conveyed from Compass Bank to
Parkside 59/288 Ltd, by an instrument of record under Document Number
2011012491, of the Official Public Records of said Brazoria County (B.C.O.P.R.)
General Location: Northwest corner CR59/SH288, Pearland, TX
Conditions:
a. remove the Assisted Living/Senior Housing use and replacing it with
convalescent/Nursing Home, and
b. include staff conditions (regarding underground electric utilities). Language to
be changed to:
200' setback for overhead utilities along Business Center or 20' behind the front
of the building, whichever is further setback from the street right -of —way.
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 and to the City Council for consideration and decision.
Page 3 of 5
Ord No 2000M-94
ORDINANCE NO. 2000M-94
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. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein
granted for the reclassification of the herein above described property.
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 12th day of
November, 2012.
Page 4 of 5
Ord No 2000M-94
ORDINANCE NO. 2000M-94
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th
day of November, 2012.
APP OVED AS TO FORM:
61,-.--' _ ale--,---
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 5 of 5
Ord No 2000M-94
Exhibit "A"
Ord. No. 2000M-94
ZONE CHANGE APPLICATION Page 1 of 5 Updated June 2010)
City of Pea and
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
2814352-1702 fax
www.cityofpearland.com
APPLICATION FOR
A CHANGE IN ZONING
Current Zoning District: O P - 2-Cbcib
Proposed Zoning District:
P
Property Information:/ J,
Address or General Location of Property: i "� or+ t f�nei ' 4f
fl
B
Tax Account No. C>3o rscav ra to off! rs3 t+eor v t�S+vnm 1 ppc
Subdivision: Lot: Block:
A Complete application must include ail infol
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME Pd.rrGS%
ADDRESS 300S Wed " r7
CITY // (5t 4 STATE zip '7o
PHONE( 17175 ) •r7 t7 2 - C53
FAX
E-MAIL ADDRESS :).0e. YHoCrZytIO
ation shown on the
APPLICANT/AGENT INFORMATION:
NAME t .C..... 1 be 4- Q °,d 6
ADDRESS I C4110-0 vpr' ,'lJ iQ l ,
CITY is STATE 7-Azap'7'7' `7q
PHONE{Z' ' -L 3q
FAX( Z l ) 5'74
d, (',OE --MAIL ADDRESS
Property owner must be the current owner of the property at the time of submittal of the appfca#I
that has the property uru'-
As owner and ap
by the United D.
Owner's Signatu
Agant's!Appiicants
Signature:
OFFICE USE ONLY:
ala , eo
and not the party
by request approval of the above described request as provided for
of the City of Pearland.
FEES
PAID:
DATE h 1 1�
PAm11141 : "� t Y
RECEIVED psi.,
BY:
Date: 6)122 .) 3—
gate: f1�.
RECEIPT
NUMBER: j 9'3 Y't7/
Anon lo o.
September 14, 2012
Lata Krishnarao, Director
Planning Department
3523 Liberty Drive
Pearland, Texas 77581
RE: Rezone application request — owner authorization
Dear Lata,
Parkside 59/288, Ltd, is owner of the 38.9 acres of property located at CR 59 and
Business Center Drive. We authorize Kerry R. Gilbert & Assoc., Inc. to be our agent in
our application for request to rezone the subject tract.
Sincerely,
Moody
Parkside 59/288, Ltd.
L Introduction
A. Description of Property
Parkside 59/288, Ltd. is the owner of the subject property which contains + 38.9 acres of
land and is located at the northwest corner of CR 59 and US 288. Business Center Drive
extends north to Broadway. bisecting the property into two developable tracts. Business
Center Drive will also provide the primary entry points into each of the two tracts.
Driveway access will also be taken from CR 59 to the south; however, there will be no
direct driveway access to US 288 to the east. A 60 foot wide Brazoria County Drainage
District Easement forms the western boundary of the tract. South Gate, a single-family
residential subdivision is situated west of the drainage easement and proposed 176 foot
wide detention pond. The subject tract is vacant, except for an asphalt roadway (the
location of future Business Center Drive) that dead ends at northern edge of the property.
Exhibit A - Location Map and Exhibit B - Survey depicts the location and boundary of
project.
B. Description of Proposed Development
The location ofthisproject at the intersection of a major highway and a major
thoroughfare lends itself for commercial, retail, and office development. There are a
variety of possible uses for each tract, including small pad sites (banks, restaurants, gas
station/convenience store, etc.), large big box retail (home improvement store, grocery
store, etc.), hotel/motel, and office buildings.
Exhibit D Land Use Areas illustrates how the subject tract is affected by the future
extension of Business Center Drive. Business Center Drive bisects the project into two
commercial areas + 9.7 acres east of Business Center Drive and + 29.2 acres on the west.
The storm water detention requirement of + 6.8 acres will be located along the western
boundary and provide an excellent buffer between the commercial and residential
development. The width of the proposed detention is 176' wide which provides a
significant buffer distance between the residential and commercial developments.
Construction of the fence will occur as the development in LUA 2 and 3 occur.
Exhibit D - Land Use Areas shows the location of the detention between the single family
residential and the commercial.
C. Describe the area of land in acreage and legal description
Approximately 38.9 acres comprise the subject site. Exhibit B - Survey, Metes & Bounds
description, describes the site.
D. Statement as to the purpose and intent of the PD
The intent of this PD is to allow flexibility of uses with the commercial, retail, and office
land uses within the project.
II. Zoning and Land Uses
A. Describe existing zoning district surrounding the site
The site is zoned BP -288. The surrounding uses are as follows:
North: Pearland Town Center PUD and BP -288
West: R-2 (Southgate neighborhood. Brazoria County Drainage District Easement)
South: ETJ (single-family residential use),
East: ETJ (vacant)
Exhibit C - Surrounding Properties/Zoning Map depicts the zoning districts of the adjacent
tracts.
B. Describe the acreage difference between the Base Zoning and proposed district
The base zoning district is BP -288. The proposed district overlays the entire 38.9 acre
tract since the location of each specific land use has not yet been determined.
C. General standards applicable to project
Development and land uses along SH 288 will conform to the BP -288 District (Section
2.4.3.3) and development and land uses along Business Center Drive and CR 59 will
conform to the Corridor Overlay District (Section 2.4.5.1) except for the specific design
standards listed in III. Design Standards Section C of this document, and land uses listed in
the land use table.
D. Permitted and conditional uses allowed
The intent of the PD is to allow for a variety of land uses, including a mix of commercial,
office, hotel/motel, retail and restaurants. To this end. three distinct Land Use Areas
(LUA) are being defined that would confine specific land uses to certain portions of the
tract. Location and size of a tract coupled with market conditions are factors in
determining the best use for the tract. The LUA designations define the best uses for the
tract and set specific design elements for particular uses. The design elements set up
standards based on the land use.
Exhibit D - Land Use Areas depicts three land use areas and the respective acreage within
each area. The table below lists the potential types of uses within each LUA plus design
elements specific to those uses. Any land use permitted or conditionally permitted in the
BP -288 district listed in the UDC Land Use Matrix is allowed along with the additional
uses listed in the Land Use Area Table within this document. Any uses Iisted in the Land
Use Area Table below are considered Permitted Uses in addition to the Permitted uses in
the UDC Land Use Matrix for BP -288. The land uses listed in the table below are
restricted to that specific Land Use Area. Additionally, the land uses listed are restricted
to a maximum acreage within that specific Land Use Area. The acreage for that use is
listed next to the use.
The acreage within each LUA may shift within 15% to allow for flexibility in land uses.
The size of the LUA could change depending upon the actual use that is constructed so the
ability to increase and decrease the acreage within the LUA is important.
Land Use Area Table
* Restaurant (Drive-Thru) limited to three (3) establishments in LUA 1 and two (2) establishments
in LUA 2.
Hotel/Motel/Extended Stay limited to two (2) establishments in LUA 1.
***Gas/Convenience Store limited to one (1) facility in LUA 1 and one (1) facility in LUA 2.
Types of Uses and Maximum Acreages
Design Element
Land Use
Area 1
+ 9.9 Acres
Restaurant (Drive-thru)* (9.9 acres)
Restaurant (Dine -in) (9.9 acres)
Hotel/Motel and
Extended Stay** (6 acres)
Gas/Convenience Store *** (3 acres)
Auto Repair (minor) (5 acres)
Auto Wash
(full service/detail) (5 acres)
Auto Wash (self-service) (5 acres)
Laundry/ Dry Cleaning (2 acres)
Garden / Nursery Store (8 acres)
Shopping Center (8 acres)
Shared Driveways
Orientation of bay windows shall not face Business
Center Drive or SH 288.
Drive-thru windows that face the street will be
buffered per City Corridor Overlay District and
BP -288 District requirements.
Land Use
Area 2
±5.8 Acres
Restaurant (Drive-thru)* (5.8 acres)
Restaurant (Dine -in) (5.8 acres)
Gas/Convenience Store **A, (3 acres)
Auto Wash (self-service) associated
with a gas station only
Shared Driveways
Orientation of service bay doors shall not face
Business Center Drive.
Drive-thru windows that face the street will be
buffered per City Corridor Overlay District and
BP -288 District requirements.
Land Use
Area 3
±23.4 Acres
Nursing/Convalescent Home (14 acres)
Flex / Back Office (12 acres)
Museum (5 acres)
Bio -tech, High-tech
Manufacturing (10 acres)
Shopping Center (12 acres)
Shared Driveways
Nursing/Convalescent Home as defined by the
UDC The design of the complex will incorporate
interior hallways.
Businesses to be oriented towards Business
Center Drive, or if designed with a motor court,
business can he oriented towards another
business.
Orientation of overhead doors and service hay
doors shall not face Business Center Drive
Flex/Back Office and Bio -tech, High-tech
Manufacturing to be one-story industrial product
with tilt wall or similar concrete construction that
can accommodate 25% to 100% office use; dock
high doors shall not face Business Center Drive.
* Restaurant (Drive-Thru) limited to three (3) establishments in LUA 1 and two (2) establishments
in LUA 2.
Hotel/Motel/Extended Stay limited to two (2) establishments in LUA 1.
***Gas/Convenience Store limited to one (1) facility in LUA 1 and one (1) facility in LUA 2.
III. Design Standards
A. Design Standards
1. Exterior Materials and Colors: No more than three (3) dominant materials should be
used on a building exterior. Acceptable materials are concrete, tilt wall concrete,
concrete block. glass, glass block, brick, split face concrete block, stone, stucco, and
trade designs, as permitted in Sec 2.6.2.1 of UDC, and as approved by the City Planner.
Earth tones with limited pastel alternative as recommended for dominant wall colors for
build materials. An accent color may be applied to trim, fascia boards, door panels, or
miscellaneous metals. Accent colors will not exceed more than 20% of the building
facade for any side of the building. Prohibited colors include colors considered to be
fluorescent, iridescent, or dayglo.
2. Minimum Setback for Structures: The minimum setback for structures along the public
right-of-way shall be twenty (20) feet.
3. Minimum Setback for Parking Buffer: The minimum setback for the off-street parking,
maneuvering and loading area from the right-of-way shall be fifteen (15) feet.
4. Landscaping: A landscaping plan will be developed along the perimeter of the project
to ensure uniformity. The landscaping plan will be in conformance with the Corridor
Overlay District along Business Center Drive and CR 59 and BP -288 District along SH
288 for landscaping, parking lot screening, trash receptacle screening and tree plantings,
except the minimum setback, which is discussed above.
5. Lighting: - Lighting in the parking lots and on the commercial buildings will be in
conformance with the current City of Pearland Code.
6. Outside Storage: Outside storage operations are allowed only for those businesses in
which outside storage is a function of the business, such as a nursery. The outside
storage must be screened from public view and those standards will be in conformance
with Sec 4.2.4.1 plus in no case shall outside storage be permitted along any yard that
abuts any street or public right-of-way.
7. Parking: On and off street parking requirements will be in conformance with the City
of Pearland UDC. Bicycle parking will also be in conformance with the Section 2.4.5.1.F
in the Corridor Overly District.
8. Service Access and Service Areas: Service drives and service areas shall not interfere
with parking, driveways or walkways and must be screened from adjoining properties, all
public right-of-way and from the office area of any other building which share the site.
A service area shall be provided at the rear (side opposite the street) of all buildings.
9. Vehicular Access: Location of ingress and egress will be controlled. Vehicular access
will be designed to minimize auto -pedestrian conflicts, manage curb cut distances along
the public right-of-way, and minimize automobile conflicts. Shared driveways will be
planned to limit the number of driveways along CR 59 and Business Center Drive.
Parkside 59/288, Ltd. has been working with the City of Pearland on the design of
4
Business Center Drive to ensure optimal driveway and cross access conditions for future
development.
10. Screening: Screening will be in conformance with the City of Pearland UDC except
for any exclusions listed below in Section C. The screening for the detention facility will
consist of a six (6) foot tall masonry or pre -cast masonry wall along the eastern side of
the facility, along LUA 2 and 3. The fence will be constructed in conjunction with the
building it is screening within LUA 2 and 3. Exhibit J illustrates the proposed screening.
11. Utilities: Overhead power lines exist along north side of CR 59 and along the east
side of Business Center Drive. The overhead line along Business Center Drive will be
relocated as overhead lines along the east side of the proposed detention area. Overhead
lines will also be used to bring power towards Business Center Drive; however, the
overhead power shall be setback a minimum twenty (20) feet behind the front of the
structure or 200' from Business Center Drive, whichever is greater, in which the utilities
will transition to underground. The City Planner may review the screening requirements
to minimize the view of the overhead poles from Business Center Drive. As sites are
sold and developed, utilities to these sites will be constructed per the location
specification listed above. Exhibit E - Utility Plan depicts the location of existing and
proposed overhead power lines.
12. Detention Facility: The detention for this development will be located along the
western boundary of the tract and will provide a buffer between the proposed commercial
development and the South Gate neighborhood. The detention facility (including the high
bank and berm) is 176 feet wide coupled with the existing BDD #4 Drainage right-of-way
provides for a 236 foot wide buffer between commercial and residential. A screening
wall, six (6) foot tall masonry or pre -cast masonry wall will be constructed along the
eastside of the detention facility to enhance the screening of the residential. The wall
will be constructed as the buildings are constructed on site. Landscape plantings of trees
and shrubs will be also be incorporated along the frontage of CR 59 to provide a visual
screening from the public right-of-way.
C. Specific list of deviations.
1. Section 2.4.5.1.C.1 and Section 2.4.4.3.C: Land Use Area 1 has dual frontage for Land
Use Area 1 and driveway access to the site is limited to Business Center Drive. A
twenty foot (20') front building line along both sides of Business Center Drive allows
for better design of the project.
2. Section 2.4.5.1.C.2: A setback of fifteen feet (15') for off-street parking,
maneuvering and loading area within the project will allow for better design of the
tract.
3. Section 2.4.5.1.D.2.d: Building materials are discussed above and include restrictions
in the Corridor Overlay District. Trade Designs shall be approved by the City
Planner.
4. Section 2.4.5.1.D.3: Building colors are limited to earth tones and pastel as discussed
above, and should not require the additional approval of the Planning Director.
5. Section 2.4.4.3.A.1: Permitted uses in BP -288 are listed on the UDC Land Use Matrix.
We request additional uses be permitted as listed in the Land Use Table in Section 2
5
above. Prohibited uses include "Pet Care Facility/Animal Kennel (with outdoor pens)"
and "Office, Parole -Probation, Bail Bonds".
6. Section 2.4.4.3.F: Detention facilities are required to be incorporated as an amenity.
The detention required for this development is better served as a buffer to the single
family residential rather than as a lake amenity for the project. The total width of the
detention and drainage easement is 236 feet. This distance, coupled with the six foot
(6') wall provides a sufficient buffer and screening to the residential neighborhood to
the west.
7. Section 2.4.5.1.M: Overhead utilities will setback a minimum of 150' from Business
Center Drive. Within the 150' setback, utilities will be constructed underground.
D. All requirements of the Unified Development Code will be met, unless specifically
mentioned in this document
IV. Required dedications of land or public improvements
This development is primarily commercial, retail and office and therefore no dedication to
parkland required.
VI. Exhibits
A - Location Map
B - Survey, metes & bounds description
C - Surrounding Properties/ Zoning Map
D - Land Use Areas
E - Power Line Exhibit
F - Landscape/Screening along CR 59 and the Detention Basin
June 19, 2012
Job No. 1352-1003-202
DESCRIPTION OF
38.909 ACRES
(1,694,878 SQUARE FEET)
Being 38.909 acres of land located in the H.T. & B. R.R. Company Survey, Section 81,
Abstract Number 300, Brazoria County, Texas, being a portion of Lots 38, 39, 40, 49, and 50 of
the Allison Richey Gulf Coast Homes Company's Part of Suburban Gardens, a subdivision of
record in Volume 2, Page 98, of the Plat Records of said Brazoria County (B.C.P.R.), more
particularly being the residue of that certain called 30.583 acre tract (described as Part One)
and the residue of that certain called 9.990 acre tract (described as Part Two) conveyed from
Compass Bank to Parkside 59/288, Ltd., by an instrument of record under Document Number
2011012491, of the Official Public Records of said Brazoria County, (B.C.O.P.R.), said 38.909
acres being more particularly described in two parts by metes and bounds as follows: Part One
being 29.226 acres (1,273,076 square feet) and Part Two being 9.683 acres (421,802 square
feet), all bearings referenced to the Texas Coordinate System, South Central Zone, NAD83
(1993 adjustment), Epoch 2002.02;
PART ONE
BEGINNING at a 5/8 -inch iron rod with cap stamped "LJA ENG" found for the northwest
corner of said 30.583 acre tract and the southwest corner of that certain called 3.39 acre tract
conveyed from Brazoria County Land & Cattle Co. to George D. Fishman and wife, Mary
Fishman by an instrument of record under Document Number 2005061002, of the Official
Records of said Brazoria County, (B.C.O.R.), said point being on the east line of Southgate
Section Two, a subdivision of record in Volume 24, Pages 278-279, B.C.P.R., said point also
being common west corner of Lots 37 and 38 of said Allison Richey Gulf Coast Home
Company's Part of Suburban Gardens subdivision;
Page 1 of 6
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38.909 acres
June 19, 2012
Job No. 1352-1003-202
Thence, North 86° 42' 55" East, along the common line of said Lots 37 and 38, along the
north line of said 30.583 acre tract, the south line of said 3.39 acre tract and said south line of
that certain called 3.33 acre tract conveyed from Ky-Tex to George Fishman and Mary Fishman
by an instrument of record under File Number 96-040466 and corrected under File Number 97-
010496, B.C.O.R., 826.97 feet to a 5/8 -inch iron rod with cap stamped "LJA ENG" set on the
west right-of-way line of Business Center Drive (100 feet wide) as described under Document
Numbers 2012007382, 2012007390, 2012007393, and 2012007402, B.C.O.P.R., from which a
314 -inch iron pipe found for the common corner of said Lots 37, 38, 47 and 48 of said Allison
Richey Gulf Coast Home Company's Part of Suburban Gardens subdivision bears North 86° 42'
55" East, 49.51 feet;
Thence, South 03° 16' 00" East, along the west right-of-way line of said Business Center
Drive, 1,025.77 feet to a 5/8 -inch iron rod with cap stamped "LJA ENG" set for corner, the
beginning of a curve;
Thence, continuing along the west right-of-way line of said Business Center Drive, (width
varies), 169.54 feet along the arc of a tangent curve to the right having a radius of 750.00 feet, a
central angle of 12° 57' 08", and a chord that bears South 03° 12' 34" West, 169.18 feet to a
5/8 -inch iron rod with cap stamped "LJA ENG" found for corner at the intersection of the west
right-of-way line of said Business Center Drive and the west right-of-way line of County Road
566 (width varies) as described in Volume 2, Page 98, B.C.P.R., Volume 133, Page 126,
Volume 881, Page 230, Volume 881, Page 232, Volume 1035, Page 636, and Volume 1035,
Page 642, B.C.D.R., the beginning of a curve;
Thence, along the west right-of-way line of said County Road 566 the following four
courses:
1. 66.34 feet along the arc of a non -tangent curve to the right having a radius of
686.20 feet, a central angle of 05° 32' 22", and a chord that bears South 18° 58'
03" West, 66.32 feet to a concrete right-of-way monument found for corner;
Page 2 of 6
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38.909 acres
June 19, 2012
Job No. 1352-1003-202
2. South 21° 45' 33" West, 13.71 feet to a 5/8 -inch iron rod with cap stamped "LJA
ENG" found for corner, the beginning of a curve;
3. 275.59 feet along the arc of a non -tangent curve to the left having a radius of
746.20 feet, a central angle of 21° 09' 40", and a chord that bears South 11° 09'
26" West, 274.03 feet to a 5/8 -inch iron rod with cap stamped "LJA ENG" set for
corner, from which a found concrete right-of-way monument bears North 51° 07'
14" West, 1.18 feet;
4. South 42° 42' 06" West, 71.88 feet to a 5/8 -inch iron rod with cap stamped "LJA
ENG"- set for corner on the north right-of-way line of County Road 59 (width
varies) as described in Volume 2, Page 98 and Volume 24, Page 33-36,
B.C.P.R.;
Thence, South 86° 44' 15" West, along said north right-of-way line, 10.00 feet to a 5/8 -
inch iron rod with cap stamped "LJA ENG" found for an angle point on the north right-of-way line
of said County Road 59, said point being the northeast corner of that certain called 0.5248 acre
tract conveyed to the City of Pearland as a donation for right-of-way as described under
Document Number 2012007390, B.C.O.P.R.;
Thence, South 86° 40' 26" West, along the north right-of-way line of said County Road
59 as described under Document Number 2012007390, B.C.O.P.R., 646.10 feet to a 5/8 -inch
iron rod with cap stamped "LJA ENG" found for the northwest corner of said 0.5248 acre tract,
said point being on the west line of the aforementioned 30.583 acre tract, said point being the
southeast corner of Southgate Section One, a subdivision of record in Volume 24, Pages 33-36,
B.C.P.R.;
Page 3 of 6
1:\Projdskl\SURVEY\135211003\Doc138.909ac-CR59andCR566.doc
38.909 acres
June 19, 2012
Job No. 1352-1003-202
Thence, North 03° 18' 06" West, along the west line of said 30.583 acre tract, the west
line of said Lots 38, 39 and 40, and the east line of said Southgate Section One, passing at
1,330.57 feet a 5/8 -inch iron rod with cap stamped "DALE HARDY RPLS 4847" found for the
northeast corner of said Southgate Section One and the southeast corner of of the
aforementioned Southgate Section Two, continuing along the west line of said Lot 38 and the
east line of said Southgate Section Two, in all 1,583.44 feet to the POINT OF BEGINNING and
containing 29.226 acre (1,273,076 square feet) of land.
PART TWO
BEGINNING a 5/8 -inch iron rod found for the northeast corner of said 9.990 acre tract
and the southeast corner of that certain called 2.515 acre tract conveyed from DXB Richmond,
Inc to Gold Star Development by an instrument of record under Document Number
2008031966, B.C.O.P.R., said point also being on the west right-of-way line of SH 288 (width
varies) as described in Volume 1041, Page 460, Volume 1041, Page 888, and Volume 1052,
Page 159, B.C.D.R., said point being on the common lot line of said Lot 48 and 49 of said
Section 81, from which a found 3/4 -inch iron pipe bears South 52° 36' 37" East, 0.93 feet;
Thence, South 03° 14' 03" East, along the common line of said 9.990 acre tract and said
westerly right-of-way line, 877.70 feet to a 5/8 -inch iron rod with cap stamped "LJA ENG" found
for an angle point on said common line;
Thence, South 30° 49' 10" West, continuing along said common line, 82.81 feet to a
broken concrete right-of-way monument found for an angle point on said common line;
Thence, South 64° 55' 07" West, continuing along said common line, 381.06 feet to a
broken concrete right-of-way monument found for an angle point on said common line;
Page 4 of 6
I;\Projdskl \S URVEY\1352\1003\Doc\38.909ac-CR59andCR566.doc
38.909 acres
June 19, 2012
Job No. 1352-1003-202
Thence, South 86° 45' 24" West, continuing along said common fine, 30.02 feet to a
broken concrete right-of-way monument found for the southwest comer of said 9.990 acre tract,
same being the intersection on said westerly right-of-way line and the east right-of-way line of
County Road 566 (width varies) as recorded in Volume 2, Page 98, B.C.P.R., Volume 133,
Page 126, Volume 881, Page 230, Volume 881, Page 232, Volume 1035, Page 636, and
Volume 1035, Pag.642, B.C.D.R.;
Thence, North 03° 17' 17" West, departing said common line and along the west line of
said 9.990 acre tract and along the east right-of-way line of said County Road 566, 371.60 feet
to a 5/8 -inch iron rod with cap stamped "LJA ENG" set at the intersection of the east right-of-
way line of said County Road 566 and the east -right-of-way line of said Business-Center-Drive(100 feet wide) as described under Document Numbers 2012007382, 2012007390,
2012007393, and 2012007402, B.C.O.P.R., the beginning of a curve;
Thence, along the east right-of-way Zine of said Business Center Drive, 187.07 feet along
the arc of a non -tangent curve to the left having a radius of 850.00 feet, a central angle of 12°
36' 35", and a chord that bears North 03° 02' 17" East, 186.69 feet to a 518 -inch iron rod with
cap stamped "LJA ENG" found for corner;
Thence, North 03° 16' 00" West, continuing along the east right-of-way line of said
Business Center Drive, 531.11 feet to a 5/8 -Inch iron rod with cap stamped "LJA ENG" set for
corner on the north line of the aforementioned 9.990 acre tract and the south line of the
aforementioned 2.515 acre tract, said point also being on the common lot line of Lots 48 and 49
of the aforementioned Allison Richey Gulf Coast Homes Company's Part of Suburban Gardens
subdivision;
Thence, North 86° 47' 22" East, along the common line of said 9.990 and 2.515 acre
tracts and said common lot line, 410.34 feet to the POINT OF BEGINNING and containing
9.683 acres (421,802 square feet) of land.
Page 5 of 6
I:\Projdsk t \S U RVEY\1352\1003\Doc\38.909ac•CR59andC R566.doc
38.909 acres
of land.
June 19, 2012
Job No. 1352-1003-202
Said Part One and Part Two containing a total of 38.909 acres (1,694,878 square feet)
This description w
prepared from a survey prepared by the undersigned dated June 19, 2012.
Gary D. Nutter
Register- e rofessional Land Surveyor
Texas Registration Number 5659
LJA Engineering & Surveying, Inc.
Page 6 of 6
1:\ProJcIskl \SURVEY\1352\1003\Doc138.909ac-CR59andCR566.doc
PLANT
57
BOTANICAL NAME
CCYtF'ION NAME
SIZE
CONDITION
REMARKS
Geeraw sterno-dd
Red. Doi,
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nal. CMirero
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15 Gal,
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z
m
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WAXMYRTLE
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PROPERTY UNE
1
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COUNTY ROAD 5R
EXISTING COUNTY ROAD R
BUSINESS CENTER PD
EXHIBIT F
LANDSCAPE AND SCREENING AREA, BETWEEN CO. RD. 59
AND DETENTION BASIN 0
30
60
Exhibit I'B"
Ord. No. 2000M-94
PLARLAND:CITY LIMITS
MINVEL [TJ
location map
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Vicinity and Zoning Map
Business Center PD
Northwest Corner
SH288/CR59
This product is for information purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground survey
and represents only the approximate relative
location of property boundaries.
0 235 470
I ill
940 Feet
N
38.909 acres of land in
ruousneo bept. zti, the H. T. & B. R. R. Com -
2012 pany Survey, Section
81, Abstract No. 300,
NOTICE OF A JOINT Brazoria County, Texas,
PUBLIC HEARING OF being a portion of lots
THE CITY COUNCIL 38, 39, 40, 49, and 50 of
AND THE PLANNING the Allison Richey Gulf
AND ZONING COM- Coast Home Company's
MISSION OF THE CITY part of Suburban
OF PEARLAND, Gardens, a subdivision
TEXAS of record, Volume 2,
Page 98, of the Plat
ZONE CHANGE APPLI- Records of said Brazoria
CATION NO. 2012.13Z County (B.C.P.R.), more
particularly being the
Notice is hereby given residue of that certain
that on October 15, called 30.583 acre tract
2012, at 6:30 p.m., the (described as Part One),
City Council and and the residue of that
Planning and Zoning certain called 9.990 acre
Commission of the City tract (described as Part
of Pearland, in Brazoria, Two) conveyed from
Harris and Fort Bend Compass Bank to Par -
Counties, Texas, will kside 59/288 Ltd, by an
conduct a joint public instrument of record
hearing in the Council under Document Num -
Chambers of City Hall, ber 2011012491, of the
located at 3519 Liberty Official Public Records
Drive, Pearland, Texas, of said Brazoria County
at the request of Kerry (B.C.O.P.R.)
Gilbert & Associates,
applicant, on behalf of General Location:
Parkside 59/288, Ltd., Northwest corner
owner, for approval of a CR59/SH288, Pearland,
zone change from the TX
Business Park 288 (BP -
288) zone to the At said hearing, all inter -
Planned Development ested parties shall have
(PD) zone for 38.909 the right and opportunity
acres, more specifically to appear and be heard
described as: on the subject. For addi-
tional information,
please contact the
Planning Department at
281-652-1768.
Harold Ellis
City Planner
Exhibit "0"
Ord. No. 2000M-94
rCXlacb k
Planning & Zoning Commission
Exhibit "D"
Ord. No. 2000M-94
Recommendation Letter
October 17, 2012
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2012-12Z
Honorable Mayor and City Council Members:
At their meeting on October 15, 2012, the Planning and Zoning Commission considered the
following:
A request of Kerry Gilbert & Associates, applicant, on behalf of Parkside 59/288, Ltd.,
owner, for approval of a zone change from the Business Park 288 (BP -288) zone to the
Planned Development (PD) zone for 38.909 acres on the following described property:
LEGAL DESCRIPTION: 38.909 acres of land in the H. T. & B. R. R. Company Survey,
Section 81, Abstract No. 300, Brazoria County, Texas, being a portion of Tots 38, 39, 40,
49, and 50 of the Allison Richey Gulf Coast Home Company's part of Suburban
Gardens, a subdivision of record, Volume 2, Page 98, of the Plat Records of said
Brazoria County (B.C.P.R.), more particularly being the residue of that certain called
30.583 acre tract (described as Part One), and the residue of that certain called 9.990
acre tract (described as Part Two) conveyed from Compass Bank to Parkside 59/288
Ltd, by an instrument of record under Document Number 2011012491, of the Official
Public Records of said Brazoria County (B.C.O.P.R.)
GENERAL LOCATION: Northwest corner CR59/SH288, Pearland, TX
Following staff presentation, discussion ensued regarding the list of permitted uses. Assisted
living or Senior Living was listed as an allowed use under the proposed Planned Development
Document. The commission was concerned with allowing a 55 and older senior Living Facility,
as it may act more as a traditional multi -family facility. The applicant agreed to remove that use
and replace it with Convalescent/Nursing Home.
Following this discussion, Vice Chairperson Linda Cowles made an amended motion to approve
the zone change with the following conditions:
a. remove the Assisted Living/Senior Housing use and replacing it with
convalescent/Nursing Home, and
b. include staff conditions (regarding underground electric utilities). Language to be
changed to:
200' setback for overhead utilities along Business Center or 20' behind the front of the
building, whichever is further setback from the street right -of —way.
The motion was seconded by Commissioner Neil West. The vote was 6-0 and the motion
passed.
Sincerely,
s
Harold Ellis, City Planner
On behalf of the Planning and Zoning Commission
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF OCTOBER 15, 2012
Zone Change No. 2012-13Z
A request of Kerry Gilbert & Associates, applicant, on behalf of Parkside 59/288,
Ltd., owner, for approval of a zone change from the Business Park 288 (BP -288)
zone to the Planned Development (PD) zone for 38.909 acres, to wit:
Legal Description: 38.909 acres of land in the H. T. & B. R. R. Company Survey,
Section 81, Abstract No. 300, Brazoria County, Texas, being a
portion of lots 38, 39, 40, 49, and 50 of the Allison Richey Gulf
Coast Home Company's part of Suburban Gardens, a
subdivision of record, Volume 2, Page 98, of the Plat Records
of said Brazoria County (B.C.P.R.), more particularly being the
residue of that certain called 30.583 acre tract (described as
Part One), and the residue of that certain called 9.990 acre
tract (described as Part Two) conveyed from Compass Bank to
Parkside 59/288 Ltd, by an instrument of record under
Document Number 2011012491, of the Official Public Records
of said Brazoria County (B.C.O.P.R.)
General Location: Northwest corner CR59/SH288, Pearland, TX
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone
change application will be considered as follows:
Planning and Zoning Commission: October 15, 2012*
City Council for First Reading: November 12, 2012*
City Council for Second Reading: November 26, 2012*
(*dates subject to change)
SUMMARY: Kerry Gilbert & Associates, applicant, on behalf of Parkside 59/288 Ltd,
owner, is requesting approval of a zone change from Business Park -288 (BP -288)
zone, to Planned Development (PD) zone for 38.9 acres for the above referenced
location. The proposed Planned Development (PD) is to be located at the northwest
corner of State Highway 288 and County Road 59, and is referred to as Business
Center PD. The property is currently undeveloped. The property is divided by
Business Center Drive, and is generally located southeast of Pearland Town Center.
JPH 10-15-12
Zone Change 2012-13Z
Page 1
The applicant, Kerry Gilbert & Associates, is proposing a development divided into
three Land Use Areas, as indicated in their submittal, including a variety of proposed
commercial developments, such as restaurants, hotels, auto related uses (gas, wash,
and minor auto repair), senior multi -family housing, museum, and manufacturing. At
this time a site plan has not been submitted indicates actual building locations. The
proposed base zoning for the property is BP -288.
SURROUNDING ZONING AND LAND USES:
North
South
East City of Pearland ETJ
West Single -Family Residential -2
(R-2)
Zoning
Business Park District -288
(BP -288)
City of Manvel
Land Use
Vacant
Vacant, Commercial, Single -Family
Residential
Vacant
Single -Family Residential
CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC): As previously
mentioned, the property is currently zoned Business Park District -288 (BP -288). As the
property is currently being requested to be rezoned to a Planned Development (PD) with a
base zoning district of BP -288, a breakdown between those requirements and the site
current configuration is provided below:
Lot Size:
Lot Width:
Lot Depth:
BP -288
43,560 sq ft
150'
200'
Existing Site
38.9 Acres
n/a — new lots to be created w/development
n/a — new lots to be created w/development
The Planned Development document deviates from the Unified Development Code with
regards to Landscaping (parking setback) buffer width requirement (15' being proposed
and 30' required), non-amenitized detention facilities where amenitized is required, and
additional allowable uses are being proposed than are currently permitted in the BP -288
zoning district. Any requirement of the Unified Development Code not specifically
addressed in the Planned Development document will be required to be met.
PLATTING STATUS: The property is not currently platted. Platting will be required at the
time of development.
CONFORMANCE WITH THE COMPREHENSIVE PLAN: The current Comprehensive
Plan (latest update in 2009) indicates Business Park for the subject property. The base
zoning district in the proposed Planned Development is Business Park -288 (BP -288). The
allowable uses do not substantially change the intent of that zoning designation, and
therefore the zone change request could be considered to be in conformance with the
JPH 10-15-12
Zone Change 2012-13Z
Page 2
approved Future land Use Plan/Comprehensive Plan.
CONFORMANCE WITH THE THOROUGHFARE PLAN: The subject property has
frontage on County Road 59 and Business Center Drive, both secondary thoroughfares,
with a minimum of 100' right-of-way. County Road 59 is not currently constructed to the
standards of a secondary thoroughfare, and Business Center Drive is currently in the
process of being constructed.
AVAILABILITY OF UTILITIES: The subject parcel does not currently have access to
public water and sewer. Utilities are in the process of being extended down Business
Center Drive.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: A conceptual site plan for
the proposed Planned Development has been submitted by the applicant. The
proposed PD document separates allowable uses and development regulations based
on three proposed land use areas. Based on this plan, it does not appear that there will
be any adverse impacts that are not able to be mitigated. There will be a significant
buffer between existing single family residential to the west of the proposed
development consisting of the detention pond required for this development. This
buffer is approximately 235'.
A Traffic Impact Analysis (TIA) will likely be required at the time of site plan review by
the City's Engineering department to determine if there are any potentially negative
traffic impacts anticipated as a result of the proposed development at that time. If a TIA
is required, and mitigation measures are deemed necessary as a result, the applicant
would be responsible for implementing those measures.
ADDITONAL COMMENTS: This request has been reviewed by the City's Development
Review Committee and there are no additional comments from other departments at the
time of this report.
SITE PLAN CONSIDERATIONS: A conceptual site plan for the proposed Planned
Development has been submitted by the applicant. The site plan indicates three (3) land
use areas and the proposed PD document separates allowable uses and development
regulations based on the land use areas.
PLANNED DEVELOPMENT (PD) CONSIDERATIONS:
The primary deviations from the Unified Development Code predominately deal with
additional allowed uses than what is currently permitted in the BP -288 zoning district, a
reduction in required setbacks on Business Center Drive, and a reduction in the required
30' landscape buffer along Business Center Drive from, to 15'. Additionally, the applicant
is seeking additional flexibility on alternative building material approval based on trade
designs, the requirement for an amenitized detention pond, and potential deviations from
the requirement of underground power, as discussed in the recommendation section of this
report.
JPH 10-15-12
Zone Change 2012-13Z
Page 3
PUBLIC NOTIFICATION: Public notice/comment forms were mailed to property owners
within 200 feet of the subject property under consideration. A legal notice of public hearing
was published in the local newspaper, and a notification sign was placed on the subject
property.
OPPOSITION TO OR SUPPORT OF PROPOSED REQUEST: At the time of this report,
staff has not received any comments either in opposition to or in support of the proposed
zone change request.
STAFF RECOMMENDATION: Staff recommends approval of the Zone Change 2012-13Z
as proposed by the applicant for the following reasons:
1. The proposed zone change appears to be in compliance with the City's approved
Land Use Plan section of the Comprehensive Plan.
2. The proposed zone change does not appear to have any negative impacts on
existing surrounding or future developments which are not able to be mitigated
3. The proposed zone change would result in development which would blend well
with existing nearby commercial uses.
4. The proposed zone change will result in a development with increased development
standards than apply to the current zoning district.
STAFF CONCERNS:
1. The applicant is proposing a 150' setback for overhead utilities along Business
Center Drive. Without specific future building locations indicated, it is difficult to
know if this setback will be sufficient to adequately conceal overhead power.
2. There is a typographical error in the Specific list of deviations section of the
proposed PD, C (4) references the Planning Director where it should reference the
Planning Commission. As the applicant is requesting additional flexibility on building
materials for trade designs, they are proposing trade designs be approved by the
City Planner rather than the Planning Commission.
SUPPORTING DOCUMENTS:
• Vicinity and Zoning Map
• Property Ownership Map
• Property Owner Notification List
• Future Land Use Plan
• Aerial Photograph
• Zone Change Application and Applicant Documents
• Related Documents
JPH 10-15-12
Zone Change 2012-13Z
Page 4
Abutter Map
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