Ord. 2000M-0102 2013-05-13 ORDINANCE NO. 2000M-102
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 A
30.7935 ACRE (1 ,341,365 SQUARE FOOT) TRACT OF LAND SITUATED IN
THE THOMAS J. GREEN SURVEY, ABSTRACT NUMBER 198 IN BRAZORIA
COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE CALLED
118.775 ACRE TRACT OF LAND DESCRIBED IN DEED TO MARION E.
SETTEGAST, ET AL AS RECORDED IN VOLUME 1421, PAGE 25 OF THE
BRAZORIA COUNTY DEED RECORDS, SAID 31 .3165 ACRE TRACT OF
LAND. (LOCATED APPROXIMATELY 700' NORTH OF BROADWAY ON
PEARLAND PKWY, PEARLAND, TX), ZONE CHANGE 2013-07Z, A REQUEST
OF CHRISTY SMIDT (KERRY G. GILBERT & ASSOC.), APPLICANT AND
BEEMAN E. STRONG (FOR THE SETTEGAST FAMILY), OWNER, FOR
APPROVAL OF A ZONE CHANGE FROM THE PLANNED DEVELOPMENT
(PD) 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, Christy Smidt (Kerry G. Gilbert & Assoc.), applicant and Beeman E.
Strong (for the Settegast Family), 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 Planned Development (PD) to Planned Development (PD); 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 April, 2013, 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
ORDINANCE NO. 2000M-102
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 6th day of May, 2013, the Planning and Zoning Commission of
the City submitted its report and recommendation to the City Council regarding the
proposed zone change application of Christy Smidt (Kerry G. Gilbert & Assoc.),
applicant and Beeman E. Strong (for the Settegast Family), owner, whereby the
Commission recommended approval of the change of classification for the described
property from its existing classification of Planned Development (PD) to Planned
Development (PD), 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 13th day of May, 2013;
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 Christy Smidt (Kerry G. Gilbert & Assoc.), applicant and Beeman E.
Strong (for the Settegast Family), owner, 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 classified as Planned Development
(PD) to Planned Development (PD), in accordance with all conditions and requirements
Page 2 of 5
Ord No 2000M-102
ORDINANCE NO. 2000M-102
of the current Unified Development Code and incorporated for all purposes, such
property being more particularly described as:
BEING A 30.7935 ACRE (1,341,365 SQUARE FOOT) TRACT OF LAND
SITUATED IN THE THOMAS J. GREEN SURVEY, ABSTRACT NUMBER 198
IN BRAZORIA COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE
CALLED 118.775 ACRE TRACT OF LAND DESCRIBED IN DEED TO MARION
E. SETTEGAST, ET AL AS RECORDED IN VOLUME 1421, PAGE 25 OF THE
BRAZORIA COUNTY DEED RECORDS, SAID 31 .3165 ACRE TRACT OF
LAND.
GENERAL LOCATION: APPROXIMATELY 700' NORTH OF BROADWAY
ON PEARLAND PKWY, PEARLAND TX
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.
Section III. The City Council of the City of Pearland finds and determines that
the amendment adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
Section IV. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Page 3 of 5
Ord No 2000M-102
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 13th day of May,
A.D., 2013.
(4-2f-Ai
' ' TOM REID
�... /\ MAYOR
'41/%01114 t10010,
AT EST:
r
I■ S�_'��, fi
MA"IA E. RODRIGUEZ
DE TY CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th
day of May, A.D., 2013.
J-kl) 'RS-4
TOM REID
MAYOR
ORDINANCE NO. 2000M-102 =� . ,®
Yrhrryarr4 YMaN�'J,••`r
ATTEST:
Alef slag 1.f.
MAR A E. ROD—RIG.
ODRIG.UEZ
DEP TY CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 5
Ord No 2000M-102
Ordinance No. 2000M-102
Exhibit "A"
ZONE CHANGE APPLICATION Updated October 2012
City of Pear land
Developmert
APPLICATION FOR Community 3523 Liberty Drive
(Community Center)
tREA P A CHANGE IN ZONING Peadand,Texas 77581
„If 281-652-1768
281-652-1702 fax
www.cityofpearland.com
Current Zoning District: 1-2N
Proposed Zoning District:
Property Information:
Address or General Location of Property: Falf2A-Of_AACA-
ealtiled/Oet-Cli
44IR—{k if F5ire.
Tax Account No.
Subdivision: Lot: Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION. APPLICANT/AGENT INFORMATION:
NAME NAME 0,4 r iLcps fit-t7L-4- Vcro.i (.7f:
ADDRESS ADDRESS "2-51:' 0--tAcc> Vel-mat TR4 .(1--2-97
CITY STATE ZIP CITY Vatii STATE IX ZIP
PHONE( PHONE( ) 5-7 fttO
FAX( FAx( ZI 5771
E-MAIL ADDRESS E-MAIL ADDRESS C, ,1411,5-17a._,V-rz:3 a.• cz41
'Property owner must be the current owner of the property at the time of submittal of the application,and not the party that
has the property under contract.
As owner and applicant, I hereby request approval of the above described request as provided for by
the Unified Development Code of the City of Pearland.
Owner's Signature: Date:
Applicant/Agent's
Signature: Date:
OFFICE USE ONLY:
FpEAE1DS:3 6-01.5 pAID. ).„7,..1) RECEIVED RECEIPT I
1.96
NUMBER:
Application No. :.?6 73 -7 2_
EXHIBIT "A"
THIRD COAST RESOURCES I. LTD. THIRD COAST RESOURCES II, LTD.
BY: Third Coast Asset Resources, Inc. BY: Third Coast Asset Resources, inc.
its general partner its general partner
t,
By: (1,„ By:
Eden E. Settegast, President Eden E. Settegasf,-President
Date of Execution: Date of Execution:
BRENTWOOD PARTNERS L.P.
BY:
BY: William A. Langdon, Jr.
William A. Langdon, Jr., Trustee
General Partner
Date of Execution: Date of Execution:
BY: BY:
Jennie S. Smith Marion Sullivan
Date of Execution: Date of Execution:
BY: BY:
Carlita S. Laurent, Trustee Sandra S. Abadie
Date of Execution: Date of Execution:
BY: BY:
Marion E. Settegast, ill Carlita S. Sealy
Date of Execution: Date of Execution:
■1:11'. Q7--7$-,P: UB PRODUCTS, Itc. PAGE CI
9 1,
EXHIBIT " -
A" q1 -4.°P
THIRD COAST RESOURCES I, LTD. i THIRD COAST RESOURCES II, LTD.
BY: Third Coast Asset Resources, Inc I BY: Third Coast Asset Resources, Inc.
its general partner its general partner
By By:,
Eden E. Settegast, President Eden E. Settegast, President
Date of Execution: Date of Execution:
BRENTWOOD PARTNERS L.P,
BY:
BY: William A. Langdon, Jr.
William A. Langdon, Jr., Trustee
General Partner
Date of Execution: Date of Execution:
BYC BY:
Jennie S. Smith Marion Sullivan
Date of Execution:. 1 /-,-; k Date of Execution:
BY: EY:
Carlita S. Laurent, Trustee Sandra S. Abadie
Date of Execution: Date of Execution:
BY: BY:
Marion E. Settegast, Ill Carlita S. Sealy
Date of Execution: Date of Execution:
EXHIBIT "A"
THIRD COAST RESOURCES I, LTD. THIRD COAST RESOURCES II,LTD.
BY: Third Coast Asset Resources, Inc. BY: Third Coast Asset Resources, Inc,
its general partner its general partner
By: By:
Eden E. Settegast, President Eden E. Settegast, President
Date of Execution: Date of Execution:
BRENTWOOD PARTNERS L.P. r( 1
,/ BY: ' L (
BY: William A. Langdon, Jr,
William A. Langdon, Jr., Trustee
General Partner
Date of Execution: 1-30-2013 Date of Execution: 1-30-2013
BY: BY:
Jennie S. Smith Marion Sullivan
Date of Execution: Date of Execution:
BY: BY:
Carlita S. Laurent, Trustee Sandra S. Abadie
Date of Execution: Date of Execution:
BY: BY:
Marion E. Settegast, Ill Carlita S. Sealy
Date of Execution: Date of Execution:
jil..-27-21011 07:05 FRCil: I U:1136C-69110 P. : :
EXHIBIT "A"
THIRD COAST RESOURCES 1: -L-TD. THIRD COAST RESOURCES II:-LTD. i
BY: Third Coast Asset Resources, Inc. BY: Third Coast Asset Resources, Inc,
its general partner Its general partner
E3y. Eden E. Settegast, President
Date of Execution:
P.
BY:
BY: Eden E Settegast, President
Date of Execution:
BRENTWOOD PARTNERS L.
William A. Lanadon, Jr.
Wiiiiarri A. Larigtion, Jr., Trustee
General Partner
Date of Execution: Date of Execution:
BY: BY
Jennie S. Smith Marion Sullivan
I
Date of Execution: . Date of Execution:
EY: c..0 BY:
Laras)42.1.,. _
•
Carlita S. Laurent, Trustee Sandra S. Abaci le
Date of Execution:no,,, ..,- .)1 I ")) Date of Execution:
) 2 '
__.
BY: BY:
Marion E. Settegast, III Carlita S. Sealy
Date of Execution: Date of Execution:
...
01/31/13 C5:471a HP LASERJET FAX
EXHIBIT"A"
THIRD COAST RESOURCES I,LTD. THIRD COAST RESOURCES II, LTD. •
BY: Third Coast Asset Resources, Inc. BY: Third Coast Asset Resources, Inc.
Its general partner its general partner
By: By:
Eden E.Settegast,President Eden E. Settegast,President
Date of Execution: Date of Execution:
BRENTWOOD PARTNERS L.P.
BY: -
BY: William A.Langdon,Jr.
William A. Landon,Jr.,Trustee
General Partner
Date of Execution: Date of Execution:
----
BY: BY:
Jennie S.Smith Marlon Sullivan
Date of Execution: Date of Execution:
BY: BY:
Car lite S. Laurent,Trustee Sandra S.Abadie
Date of Execution: Date of Execution:
BY:
BY:
Marion E.Setegast, Ill Car lite S. Sealy
{ Date of Execution: /.3"//:;4v,.3 Date of Execution:
EXHIBIT "A"
THIRD COAST RESOURCES I LTD. THIRD COAST RESOURCES II, LTD.
BY: Third Coast Asset Resources, Inc BY: Third Coast Asset Resources, Inc.
its general partner its general partner
By: By:
Eden E. Settegast, President Eden E. Settegast, President
Date of Execution: Date of Execution:
BRENTWOOD PARTNERS L.P.
BY:
BY: William A. Langdon, Jr.
William A. Langdon, Jr., Trustee
General Partner
Date of Execution: Date of Execution:
BY:
BY: e.
Jennie S. Smith Marion Sullivan
Date of Execution: Date of Execution: // /1 -7
BY BY /
2(//0
Carlita S. Laurent, Trustee Sandra S. Abadie
Date of Execution: Date of Execution: 1—30 /3
BY: BY:
Marion E. Settegast, III Carlita S. Sealy
Date of Execution. Date of Execution:
EXHIBIT "A"
I THIRD COAST RESOURCES I, LTD. THIRD COAST RESOURCES IL LTD,
I BY: Third Coast Asset Resources, Inc, BY: Third Coast Asset Resources, Inc.
its general partner its general partner
By: By:_
Eden E. Settegast, President Eden E. Settegast, President
Date of Execution: Date of Execution:
BRENTWOOD PARTNERS L.P.
BY:
BY: William A. Langdon, Jr.
William A. Langdon, Jr., Trustee
General Partner
Date of Execution: Date of Execution:
BY: BY:
Jennie S. Smith Marion Sullivan
Date of Execution: Date of Execution:
BY: BY:
Carlita S. Laurent, Trustee Sandra S. Abadie
Date of Execution: Date of Execution:
EHY. BY:
Marion E. Settegast, Ill Carlita S. Sealy
I Date of Execution: Date of Execution: /
al um
LEGAL DESCRIPTION
BEING a 307935 acre (1'341.365 square foot) tract of land situated in the Thomas J.
Green Survey, Abstract Number 198 in Brazoria County, Texas, and being out of and a
part of the called 118.775 acre tract of land described in deed to Marion E. Settegast, et al
as recorded in Volume 1421, Page 25 of the Brazoria County Deed Records, said 30.7935
acre tract of land being more particularly described as follows with bearings based on the
Texas Coordinate System of 1983, South Central Zone:
BEGINNING at a 5/8 inch iron rod with cap stamped 'TERRA SURVEYING' found in the
southwesterly right-of-way line of Whitehead Road (30 feet wide, unimproved)for the north
corner of a 22.3385 acre tract of land described in deed to HEB Grocery Company, LP as
recorded under Brazoria County Clerk's File Number 2011030072 and being the west
corner of the herein described tract of land;
THENCE with the southwesterly right-of-way line of said Whitehead Boad, North 41
degrees 52 minutes 2@ seconds East, n distance of1.189.55feet to the north corner of the
herein described tract of land:
THENCE departing the southwesterly right-of-way line of said Whitehead Road, South 48
degreesO4nninubas1QoecondeEest. mdiotonoeof1.12U.5Gheettothenortheastedv6ght'
of-wey line of Pearland Parkway (a variable width right-of-way) for the east corner of the
herein described tract of land:
THENCE with the northeasterly right-of-way line of said Pearland Parkway the following
courses and distances:
South 41 degree 55 minutes 41 seconds West, a distance of 947.88 feet to an
angle point in the herein described tract of land;
South 46 degrees 30 minutes 07 seconds West, a distance of 150.48 feet to an
angle point in the herein described tract of land;
South 41 degrees 55 minutes 41 seconds VVeot, a distance of 101.67 feet to the
east corner of the aforesaid 22.3385 acre tract of land and the south corner of the
herein described tract of land;
THENCE departing the northeasterly right-of-way line of Pearland Parkway with the
northerly line of said 22.3385 acre tract, North 48 degrees 04 minutes 19 seconds West, a
distance of 1.107,43 feet to the POINT OF BEGINNING and containing 30.7935 acres
(1,341,365 square feet)of land
Page 1 of 2
^`:CC.ATES "
C WO 2130 MG 45o BCC No
7' fl0 ACAS J CREEH SURP' S' Y SCALE IN FEET
ABAF' IRACI HUACBER 10 ,5 N
PEBBLE CREEK DRIVE I
60' 1?Ight-of-Wey
S 48'04'19'E 1,120.56' I L \
.... 4c. zn
511*Inn rd with cap
Proposed slarre,.P.'LANEY"tune
'
•;, 30.7935 ACRES
4e4' ,c1
vl
1,341,365 Sq. Ft.
tri
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(..1 tk7 t5 Ni. Mario n E. Settegast. Et At
Vat time 1421. Page 25 B.C. k'
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150.48' 7
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S 41'55'41•XN.....
101.67'
N7 1 CC:D.-
CI „--.30*Drainage Easement
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t. "BEGINNING Q N;c
E 61.1"tr,n ro.:Y.1171Q3p.SUriptC N 48'04'19'Bt 1,107.43'
w. 'TERRA SURVEYING'
E Called 22.3385 Acres 7-4
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a HEE Grocer Company. LP
WHITEHEAD ROAD
30 Right-of-Way
1 p,..1?•*
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___ Boundary of°lig nal 53.342 Acres
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Project No.: 29175
' Ras HALF . AN EXHIBIT OF THE PROPOSED
Issued: 02/14/2013
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TRPE FIRJAF-3I2 REZONING TRACT
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14800 ST-MARY'S LANE.sJira to IN THE THOMAS J.GREEN SURVEY.
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TEL(TM 58E-24..4o ABSTRACT NUMBER 198
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AFFIDAVIT OF PUBLICATION Ordinance No. 2000M-102
Exhibit "C"
The Pearland Reporter News •
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for 1 issues, as follows:
No. / Date S27 20 /3
No. Date 20
No. Date 20
No. Date 20
No. Date 20
•
CFO
Subscribe and sworn to before me this day of l
20 /3
1 #
LAURA ANN EMMONS
' NOY PUBLIC
STATARTE OF TEXAS
r• ji My Commission Expkee 09-09-2014
Laura Ann Emmons, Publisher
Notary Public, State of Texas
NOTICE OF A JOINT Ordinance No. 2000M-102
PUBLIC HEARING OF Exhibit "C"
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
ZONE CHANGE
APPLICATION
NO.2013-07Z
Notice is hereby given
that on April 15,2013 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 Christy Smidt
(Kerry R. Gilbert &
Assoc.), applicant and
Beeman E. Strong (for
the Settegast Family),
owner,for approval of a
zone change from the
Planned Development
(PD) zone to the
Planned Development
(PD) zone, on property
located north of
Broadway on Pearland
Pkwy, more specifically
described below:
Being a 30.7935 acre
(1,341,365 square foot)
tract of land situated in
the Thomas J. Green
Survey, Abstract Num-
ber 198 in Brazoria
County, Texas, and
being out of and a part of
the called 118.775 acre
tract of land described in
deed to Marion E.
Settegast, et al as
recorded in Volume
1421, Page 25 of the
Brazoria County Deed
Records, said 31.3165
acre tract of land.
General location:
Approximately 700'
North of Broadway
on Pearland Pkwy
At said hearing,all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject. For addi-
tional information,
please contact the
Planning Department at
281-652-1765.
Harold Ellis
City Planner
Ordinance No. 2000M-102
Exhibit "D"
ler
$7 r ,d 9 nw1 +h J
.-- t E X.:`A 'S
f '!1 1/""'
ue.,.. f C. ft '' .
Plannin g & Zoning Commission
Recommendation Letter
May 6, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2013-07Z
Honorable Mayor and City Council Members:
At their meeting on April 15, 2013, the Planning and Zoning Commission considered
the following:
A A request of Christy Smidt (Kerry G. Gilbert & Assoc.), applicant and Beeman
E. Strong (for the Settegast Family), owner, for approval of a zone change from
the Planned Development (PD) zone to the Planned Development (PD) zone for
31.3165 acres on the following described property:
LEGAL DESCRIPTION:
Being a 30.7935 acre (1,341,365 square foot) tract of land situated in the
Thomas J. Green Survey, Abstract Number 198 in Brazoria County, Texas, and
being out of and a part of the called 118.775 acre tract of land described in deed
to Marion E. Settegast, et al as recorded in Volume 1421, Page 25 of the
Brazoria County Deed Records, said 31.3165 acre tract of land.
GENERAL LOCATION:
Approximately 700' North of Broadway on Pearland Pkwy, Pearland, TX
Following staff presentation, discussion ensued regarding the need to allow the
applicant and staff to work out outstanding details and clarifications in the proposed
Planned Development document and bring back a final document for the commission to
act on. Following this discussion, Commissioner Daniel Tunstall made a motion to
postpone the zone change. The motion was seconded by Commissioner Matthew
Hanks. The vote was 5-0 and the motion passed.
At the regular meeting of the Planning and Zoning Commission on May 6, 2013,
discussion ensued regarding the final Planned Development document having been
revised by the applicant to address concerns discussed at the prior Commission
meeting. Following this discussion, Commissioner Matthew Hanks made a motion to
approve the zone change. The motion was seconded by Commissioner Mary Starr.
The vote was 7-0 and the motion passed.
Sincerely,
Harold Ellis, City Planner
On behalf of the Planning and Zoning Commission
.-. r E X A S JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF APRIL 15, 2013
Zone Change No. 2013-07Z
A request of Christy Smidt (Kerry G. Gilbert & Assoc.), applicant and Beeman E.
Strong (for the Settegast Family), owner, for approval of a zone change from the
Planned Development (PD) zone to the Planned Development (PD) zone for
31.3165 acres, to wit:
Legal Description: Being a 30.7935 acre (1,341,365 square foot) tract of land
situated in the Thomas J. Green Survey, Abstract Number 198 in Brazoria County,
Texas, and being out of and a part of the called 118.775 acre tract of land described
in deed to Marion E. Settegast, et al as recorded in Volume 1421, Page 25 of the
Brazoria County Deed Records, said 31.3165 acre tract of land.
General Location: Approximately 700' North of Broadway on Pearland Pkwy
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone
change application will be considered as follows:
Planning and Zoning Commission: April 15, 2013*
City Council for First Reading: May 13, 2013*
City Council for Second Reading: May 27, 2013*
(*dates subject to change)
CURRENT CASE: Christy Smidt, applicant, has applied for a zone change on behalf of
Mr. Beeman Strong, representing the Settegast Family, owner, of 30.7935 acres of land
located approximately 700' north of the northwest intersection of Broadway(FM 518)
and Pearland Pkwy. The property in question is currently zoned Planned Development
(PD) and contains land which is part of a Planned Development known as Pearland
Commons which was approved by City Council in 2008. The applicant is requesting
that the property be rezoned to a new and separate Planned Development(PD).
The total acreage of the previously approved Pearland Commons Planned
Development is approximately 53 acres. Approximately 22 of these acres were
rezoned in 2011 to General Business for a proposed commercial development.
The applicant is proposing a shopping center on the remaining 31 acre site which is
intended to compliment the proposed development to the south. The development
JPH 04-15-13
Zone Change 2013-07Z
Page 1
would abut the residential subdivision to the west and have parking in front along
Pearland Parkway.
SITE HISTORY: Prior to the adoption of the Pearland Commons PD in March 2008,
the entire site (all 53 acres) had three zoning designations: General Business (GB), and
two residential zones, R-3 and R-2. The acreage for the GB zoned property, located at
the northwest intersection of Broadway and Pearland Pkwy was approximately 22
acres. This is the site that was rezoned back to GB in 2011. The remaining acreage
remained as PD and is now requesting a new PD zone.
The GB zone was approved at the hard corner for a specific development and had
assurances in place from the developer that the project would be of a higher quality
then would normally be required. This adjoining 31 acre site is considered to be of
similar importance to the city as was the 22 acre site at the hard corner.
The applicant originally requested a straight General Business (GB) zone change in
February of 2013. This application was withdrawn by the applicant after the City Council
and Planning and Zoning Commission voiced their concerns with allowing a straight GB
zone change with no assurances as to the kind of development that would be
constructed. With this in mind, staff has advised the applicant that a Planned
Development may be a better option moving forward. The Unified Development Code
states:
The purpose and intent of the PD district is to facilitate the design and
implementation of retail development that is designed to aesthetically and harmoniously
complement the adjacent residential and commercial areas.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Single-Family Residential-2 Vacant
(R-2)
South General Business (GB) Commercial
East Planned Development (PD) Commercial, Single Family
and General Commercial Residential
(GC)
West Single-Family Residential-2 Single Family Subdivision, Multi-
(R-2) and Multi-Family(MF) Family Units
JPH 04-15-13
Zone Change 2013-07Z
Page 2
CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC): The subject
property is currently zoned as Planned Development(PD).
PLATTING STATUS: The property has not been platted. Platting will be required prior to
development of the land.
CONFORMANCE WITH THE COMPREHENSIVE PLAN: The current adopted
Comprehensive Plan's Future Land Use Map indicates this area should be retail,
offices, and service. Therefore, the designation of General Business (GB) being
requested would be consistent with the intent of the Comprehensive Plan.
CONFORMANCE WITH THE THOROUGHFARE PLAN: The subject property has
frontage on Pearland Pkwy, a major thoroughfares with sufficient width for right-of-way of
120 feet.
AVAILABILITY OF UTILITIES: Public water and sewer are available for this site.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The proposed zone change,
if approved, would allow all of the "Permitted By-Right" land uses in the City's Land Use
Matrix for the General Business (GB) zoning district in the Unified Development Code
excluding those listed in the PD as excluded uses. Overall, the proposed development
would enhance the already approved development to the south and would include a
number of amenities that would not be required in the Unified Development Code for a
normal development of this kind.
At the original Joint Public Hearing for this development, City Council and the Planning
and Zoning Commission had a number of concerns with allowing a straight GB zone
change. The applicant appears to have addressed most of these concerns through the
submitted PD document. The proposed PD would create a superior development by
providing the following:
• Varied location of buildings and outparcels to prevent a generic strip center feel
• Linear building along the back of the development will include variable depths
and off sets preventing a singular monotonous face.
• Public gathering and play areas are proposed around restaurant pad sites with
pedestrian connectivity to other areas of the development and neighboring
properties.
• Enhanced entry feature that will create a sense of place, with landscaped
median and walkway leading from Pearland Parkway and continuing for the full
depth of the development.
• Meandering walkways throughout the development and along Pearland Parkway
will ensure pedestrian access to all areas of the development.
• Walkway along rear building will be enhanced with plantings and variations in
JPH 04-15-13
Zone Change 2013-07Z
Page 3
materials and design to ensure a more aesthetically appealing environment for
the pedestrian.
• Concrete pavement will be required along with stained concrete and brick pavers
to add variation to the design. No asphalt will be permitted.
• Light poles to service the pad sites along Pearland Parkway will be limited in
height to 20' and lights along the rear of the development will be mounted on the
building.
• All structures will be required to include two different building materials for the
façade which will prevent monotonous design schemes. Stone will be required
for a percentage of each building façade and metal and EIFS will only be
permitted as trim.
• A comprehensive sign package has been requested that will enhance the overall
development.
Though staff ultimately feels this development would be a compliment to the
surrounding areas, there are still a number of outstanding concerns with the current PD
document. These comments have been submitted to the applicant and have been
provided to you as part of this packet.
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 site plan has been provided as part of the application
submittal.
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.
AGENTS AUTHORIZATION: The Planning Department has on file documentation from
the Settegast family authorizing Beeman Strong to process this zone change application.
OPPOSITION TO OR SUPPORT OF PROPOSED REQUEST: 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 2013-07Z
as proposed by the applicant for the following reasons and with the following condition:
1. Approval of the PD will allow for a higher quality development with a larger amount
of amenities that would not normally be required for a development in a traditional
zone.
JPH 04-15-13
Zone Change 2013-07Z
Page 4
2. Approval of the PD will result in conformance with the surrounding zoning as well as
current and future land uses.
3. The proposed PD should not have any significant negative impact on the
surrounding properties and developments.
4. The proposed PD will bring the property into compliance with the approved Future
Land Use Plan.
CONDITION:
1. All outstanding staff comments to be fully addressed and incorporated into the PD
document prior to final approval.
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
• Initial Staff Comments and other Related Documents
JPH 04-15-13
Zone Change 2013-07Z
Page 5
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