Ord. 2000M-0112 2014-05-19 Magnolia Court at Old Town Pearland
Planned Unit Development (May 12, 2003)
Amendment #1
(May 19, 2014)
Background
Prior to adoption of the original Magnolia Court planned unit development (PUD), the Tracts
within the PUD boundary were of singular ownership with the buildings having been built in
various stages starting prior to 1980. With changes in the neighborhood and market conditions
by the early 2000's, the continued viability of the site necessitated separate ownership and uses
among the various Tracts. The prior singular ownership created existing setback and shared
parking that could not be accommodated under traditional zoning available at the time, so a
PUD was utilized as a means to accommodate repurposing of the existing structures.
Additionally, when the original PUD was adopted in 2003,the Old Townsite zoning districts had
not yet been created. Therefore, the Planning &Zoning Commission required very narrow
allowable uses in the PUD to match the existing or proposed uses within the property at the
time.
Subsequent to the adoption of the PUD, the City has created the Old Townsite zoning districts.
The Future Land Use Plan depicts the property as Old Townsite-General Business.
II. Purpose of Amendment #1
Due to the current limited uses within the PUD, property owners within the PUD have had to
turn away potential tenants and/or uses. Rather than adding piecemeal changes to the PUD to
allow one or two more use categories, it is sensible to modernize the PUD to be consistent with
the current Future Land Use Plan and Unified Development Code.
The purpose of Amendment#1 is to convert the allowable uses within the PUD to be consistent
with the Old Townsite-General Business zone, with minor variations. The building configuration
within the property lends itself to a "downtown" development, but the existing usage
limitations have prevented the full potential utilization of the property. This amendment will
allow property owners to have greater flexibility in marketing and utilizing the property which
also conform to the City's Future Land Use Plan.
III. Amendment # 1
Section 2.F of the original PUD is deleted and replaced with the following:
1 of 3
"F. The following usage regulations will apply within the PUD:
1. The existing and proposed permitted uses for the Tracts within the PUD are shown in
Table 1:
Table 1
Tract Existing PUD Allowable Uses Proposed Amendment
Allowable Uses
1 Social and Recreational Building, Day Nursery or Kindergarten, Institutions of
Religious or Philanthropic Nature, Public Administration Offices, Schools:
Private,Public,Parochial,College or University,Local Utility Distribution Lines, All uses allowed within the OT-
Park/Playground,Recreation Center,Office or Professional,Signs:Monument(On GB zoning district
Premise), Signs: Real Estate, Studio: Photography, Artist, Music, Drama, Dance,
Blueprint Reproduction,No sexually oriented businesses
2 Social and Recreational Building, Day Nursery or Kindergarten, Institutions of
Religious or Philanthropic Nature, Public Administration Offices, Schools:
Private,Public,Parochial,College or University,Local Utility Distribution Lines, All uses allowed within the OT-
Park/Playground,Recreation Center,Office or Professional,Signs:Monument(On GB zoning district
Premise), Signs: Real Estate, Studio: Photography, Artist, Music, Drama, Dance,
Blueprint Reproduction,No sexually oriented businesses
3 All uses allowed within the OT-
Church GB zoning district,plus
"Community or Social
Buildings"
4 Social and Recreational Building, Day Nursery or Kindergarten, Institutions of
Religious or Philanthropic Nature, Public Administration Offices, Schools:
Private,Public,Parochial,College or University,Local Utility Distribution Lines, All uses allowed within the OT-
Park/Playground,Recreation Center,Office or Professional,Signs:Monument(On GB zoning district
Premise), Signs: Real Estate, Studio: Photography, Artist, Music, Drama, Dance,
Blueprint Reproduction,No sexually oriented businesses
5 Parking Parking
6 Social and Recreational Building, Day Nursery or Kindergarten, Institutions of
Religious or Philanthropic Nature, Public Administration Offices, Schools: All uses allowed within the OT-
Private,Public,Parochial,College or University,Local Utility Distribution Lines, GB zoning district,plus
Park/Playground,Recreation Center,Office or Professional,Signs:Monument(On "Community or Social
Premise), Signs: Real Estate, Studio: Photography, Artist, Music, Drama, Dance, Buildings",and Parking
Blueprint Reproduction,No sexually oriented businesses
7 Residence;plus Social and Recreational Building,Day Nursery or Kindergarten,
Institutions of Religious or Philanthropic Nature,Public Administration Offices,
Single Family Residence,plus
Schools:Private,Public,Parochial,College or University,Local Utility
all uses allowed within the OT-
Distribution Lines,Park/Playground,Recreation Center,Office or Professional,
GB zoning district
Signs:Monument(On Premise),Signs:Real Estate,Studio:Photography,Artist,
Music,Drama,Dance,Blueprint Reproduction,No sexually oriented businesses
8 Parking Parking
9 Parking Parking
10 Retail,Restaurant;plus Social and Recreational Building,Day Nursery or
Kindergarten,Institutions of Religious or Philanthropic Nature,Public
Administration Offices,Schools:Private,Public,Parochial,College or University, All uses allowed within the OT-
Local Utility Distribution Lines,Park/Playground,Recreation Center,Office or GB zoning district,plus
Professional,Signs:Monument(On Premise),Signs:Real Estate,Studio: Parking
Photography,Artist,Music,Drama,Dance,Blueprint Reproduction,No sexually
oriented businesses
2 of 3
2. Signage will comply with the UDC, except:
i. Real estate signs advertising a Tract for sale within the PUD may be placed on any
Tract.
3. Sexually-oriented businesses are prohibited."
IV. All other provisions of the original PUD remain in effect.
END
3 of 3
Ordinance No. 2000M-112
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, being all of lots 1
through 40, inclusive in Block 15, all of lots 24 through 29, inclusive in Block 16
and all of lots 20 through 25, inclusive in Block 14 in the Original Town site of
Pearland as recorded in Volume 29, Page 41 in Brazoria County Deed Records,
and a 0.148 acre tract as described in Volume 29, Page 41 in the Brazoria
County Deed Records, and a 0.148 acre tract as described in Volume 1479,
Page 559 in Brazoria County Deed Records, all in the H.T. & B.R.R. Co. Survey,
Abstract No. 232 in Brazoria County, Texas, Called Magnolia Court at Old Town
Pearland, located (east and west of N. Washington Avenue; east and west of
N. Texas Avenue; between W. Jasmine Street to the north and Broadway
Street to the south), Zone Change 2014-3Z, a request of Alan Mueller,
applicant; on behalf of David Miller, Gromax Building, LTD, First Christian
Academy, Harvest of Praise Exalted (HOPE), and Barnett's, LTD, owners; for
approval of a change in zoning to amend the Magnolia Court at Old Town
Pearland Planned Unit Development (PUD), providing for an amendment of the
zoning district map; containing a savings clause, a severability clause, and
an effective date and other provisions related to the subject.
WHEREAS, Alan Mueller, applicant; on behalf of David Miller; Gromax Building,
LTD; First Christian Academy; Harvest of Praise Exalted (HOPE); Barnett's, LTD.,
owners; filed an application for an amendment to Ordinance No. 2000M, the Zoning
Map of the City of Pearland, for approval of a change in zoning from the Magnolia Court
at Old Town Pearland PUD to an amended Magnolia Court at Old Town Pearland PUD
to allow uses to be consistent with allowable uses within the Old Townsite General
Business (OT-GB) zoning district, with minor deviations; conformance with the sign
regulations of Chapter 4, Division 5 of the Unified Development Code (UDC); said
property being legally described in the original application for amendment attached
hereto and made a part hereof for all purposes as Exhibit "A", and more graphically
depicted in the vicinity and zoning map attached hereto and made a part hereof for all
purposes as Exhibit "B"; and
WHEREAS, on the 21st day of April, 2014, 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 21st day of April, 2014, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed zone change application of Alan Mueller, applicant; on behalf of David Miller,
Gromax Building, LTD, First Christian Academy, Harvest of Praise Exalted (HOPE), and
Barnett's, LTD, owners; for approval of a change in zoning to amend the Magnolia Court
at Old Town Pearland Planned Unit Development (PUD), 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 meetings on the 12th day of May 2014 and
the 26th day of May 2014; 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 Alan Mueller, applicant for David Miller, Gromax Building, LTD, First
Christian Academy, Harvest of Praise Exalted (HOPE), and Barnett's, LTD, presented
which, in the judgment of the City Council, would justify the approval of said application;
now, therefore,
Page 2 of 31
Ord. No 2000M-112
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 Unit
Development (PUD) to an amended PUD, in accordance with all conditions and
requirements of the current Unified Development Code and incorporated for all
purposes, such property being more particularly described
as:
LEGAL DESCRIPTION: All of lots 1 through 40, inclusive in Block 15, all of lots
24 through 29, inclusive in Block 16 and all of lots 20 through 25, inclusive in
Block 14 in the Original Town site of Pearland as recorded in Volume 29, Page
41 in Brazoria County Deed Records, and a 0.148 acre tract as described in
Volume 29, Page 41 in the Brazoria County Deed Records, and a 0.148 acre
tract as described in Volume 1479, Page 559 in Brazoria County Deed Records,
all in the H.T. & B.R.R. Co. Survey, Abstract No. 232 in Brazoria County, Texas.
Called Magnolia Court at Old Town Pearland.
GENERAL LOCATION: East and west of N. Washington Avenue; east and
west of N. Texas Avenue; between W. Jasmine Street
to the north and Broadway Street to the south,
Pearland, Texas
Section II. The City Council of the City of Pearland finds and determines that the
recitations in the preamble hereof are true and that all necessary prerequisites of law
have been accomplished and that no valid protest of the proposed change has been
made. The City Council further finds and determines that there has been compliance
with the mandates of law in the posting and presentation of this matter to the Planning
and Zoning Commission 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.
Page 3 of 31
Ord. No 2000M-112
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 May,
2014.
TOM REID
MAYOR
ATTEST:
Y• NG Lei '•-"
Y SE1r 'ETARY '
Page 4 of 31
Ord. No 2000M-112
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 19th
day of May, 2014.
TOM REID
MAYOR
ATTEST: / Q.p;RigN•,
,
o�.• ��'
Ye' NG`/4'FIN', T- C 0
Y S CRETARY '
APPROVED AS TO FORM:
DARRIN M. CO ER
CITY ATTORNEY
Exhibit A
Page 5 of 31
Ord. No 2000M-112
04/21/2014 HON 8:56 FM
o» 1 •
�` '''' PUBLIC ^��1 A+
a. ., COMMENT : i 2,�G�Q a
rr. .,ti�l FORM a peg`
Planning Department fib. 6
3523 Liberty Drive wd L 'V''
Pearland,Texas 77581
281-652-1765
281-652-1702 fax
ZONE CHANGE APPLICATION NO. 2014-3Z
A request of Alan Mueller, applicant; on behalf of David Miller, Gromax Building, LTD, First
Christian Academy, Harvest of Praise Exalted (HOPE), Barnett's, LTD, and the City of
Pearland, owners; for approval of a change In zoning to amend the Magnolia Court at Old
Town Pearland Planned Unit Development(PUD) zoning district
Joint Public Hearing to be held Monday, April 21, 2014 at 6:30 PM In the
Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas.
If you are unable to attend the Joint Public Hearing, but wish to have your opinions made a
part of the public record, please complete this form and return to the Planning Department at
the above noted address by mail, by fax, or drop off in person, prior to the Joint Public
Hearing.
I am IN FAVOR OF the request as explained on the attached notice.
(Checking "IN SUPPORT OF"means that you support the request and feel that the
‘*request
should be approved accordingly).
I em OPPOSED TO the request as explained on the attached notice.
(Checking "OPPOSED TO means that you are in opposition to the request and feel
`�that the request should be denied).
Name. V `�.\-V, t. %ii. Ji. `
Address: .0 C3 \ • ■ ,∎:. �\%Amy. , .
Signature`��\\ :.� \��. ,�\1 , , Date: A-a\- \ A
COMMENTS: ' _i\\`t_ \ Q.)._\ C)- "C).. QC\1 ",
Mb' . 1 0 \\ll■ _ .
i
1
•
." .SAE . '..
I 3
JOINT PUBLIC HEARING AGENDA ITEM
`r. is MEETING OF APRIL 21 , 2014
1
Zone Change No. 2014-03Z
A request of Alan Mueller, applicant; on behalf of David Miller, Gromax Building, LTD,
First Christian Academy,Harvest of Praise Exalted(HOPE),Barnett's,LTD,and the City of
Pearland, owners; for approval of a change in zoning to amend the Magnolia Court at Old
Town Pearland Planned Unit Development(PUD)which includes approximately 4.048 acres
of land, on the following described property, to wit:
Legal Description: All of lots 1 through 40,inclusive in Block 15,all of lots 24 through 29,
inclusive in Block 16 and all of lots 20 through 25, inclusive in Block 14 in the Original
Town site of Pearland as recorded in Volume 29,Page 41 in Brazoria County Deed Records,
and a 0.148 acre tract as described in Volume 29, Page 41 in the Brazoria County Deed
Records, and a 0.148 acre tract as described in Volume 1479, Page 559 in Brazoria County
Deed Records, all in the H.T. & B.R.R. Co. Survey, Abstract No. 232 in Brazoria County,
Texas. Called Magnolia Court at Old Town Pearland.
General Location: East and west of N. Washington Avenue; east and west of N. Texas
Avenue; between W. Jasmine Street to the north and Broadway Street to the south.
APPROVAL PROCESS: After the Joint Public Hearing, the requested Zone Change
application will be considered as follows:
Planning and Zoning Commission: April 21, 2014*
City Council for First Reading: May 12, 2014*
City Council for Second Reading: May 26, 2014*
(*dates subject to change)
SUMMARY: Alan Mueller, applicant; on behalf of multiple owners, is requesting approval of an
amendment to the Magnolia Court at Old Town Pearland Planned Unit Development(PUD). The
original PUD was approved on May 12,2003 and includes approximately 4.048 acres. The purpose
of the original PUD was to allow for multiple owners within the district for greater flexibility in
selling individual tracts. The PUD identified ten(10)tracts;Tracts 1-10,which allowed for varying
uses. Specifically,Tracts 1,2, 3, 4, 6 and 7 allowed for uses from various land use categories from
the previous Land Use and Urban Development Ordinance,including Accessory and Incidental uses,
Institutional and Special Service uses, Utility and Related Service uses, Entertainment and
JPH 4-21-14
Zone Change No.2014-3Z
Page 1
Recreational uses,Retail and Business Services uses,Commercial and Related Services uses. Tracts
5, 8 and 9 were designated for Parking; and Tract 3, for a Church.
The applicant proposes to amend all tracts within the PUD, with the exception of Tracts 5, 8 and 9
which are designated for parking and will continue to be used for parking. According to the
applicant, the purpose of the amendment is to convert the allowable uses within the PUD to be
consistent with allowable uses within the Old Town-General Business(OT-GB)zoning district,with
minor deviations.
It is important to note that when the original PUD was adopted in 2003,the OT-GB zoning district
was not in place and the PUD allowed for uses that were existing onsite at the time of adoption of the
PUD.The applicant also proposes that any new signage comply with the Unified Development Code,
as opposed to the Land Use and Urban Development Ordinance,which was the code in effect at the
time of adoption of the PUD.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Old Townsite Residential Single Family
(OT-R)
South Old Townsite General Business Various Commercial Uses,
(OT-GB) including Central BBQ
East Old Townsite Residential Pearland Neighborhood
(OT-R) Center
West Old Townsite Residential Single Family
(OT-R) Adult Reading Center
CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC): The PUD was
originally approved on May 12,2003 under the Land Use and Urban Development Ordinance. The
applicant proposes to amend the PUD to be consistent with the allowable uses within the Old Town-
General Business (OT-GB) zoning district of the Unified Development Code (UDC) for all tracts
within the PUD,with the exception of Tracts 5, 8 and 9,which were originally used for parking and
will continue to be used for parking. Further, although Churches are permitted by right within the
OT-GB zoning district,the applicant proposes to prohibit Churches on Tracts 1,2,4 and 7. The OT-
GB zoning district is one of three (3) zoning districts within the Old Townsite District, whose
purpose is to:
1. Promote good building and streetscape design.
2. Reinforce existing land use patterns and character.
3. Categorize area into zoning districts as per the UDC and modifications.
4. Promote downtown as a walkable, pedestrian friendly district.
5. Promote multiple types of development and uses.
6. Set forth general provisions and architectural regulations to ensure quality of streetscape
and building construction.
JPH 4-21-14
Zone Change No. 2014-3Z
Page 2
7. Allow reduced parking ratios, shared parking and flexibility to encourage re-use of
existing buildings.
8. Allow flexibility in building codes and façade requirements to encourage relocation and
re-use of existing buildings.
9. Emphasize mixed uses and focus on the streetscape and public spaces to create pedestrian
friendly mixed-use developments.
The applicant also proposes that any new signage comply with the UDC. The following table
illustrates the difference in allowable uses within the original PUD and the proposed amendment:
Tract Existing PUD Allowable Uses Proposed Amendment Allowable Uses
1 Social and Recreational Building,Day Nursery
or Kindergarten, Institutions of Religious or
Philanthropic Nature, Public Administration
Offices, Schools: Private, Public, Parochial,
College or University, Local Utility All uses allowed within the OT-GB
Distribution Lines, Park/Playground, zoning district, except no "Churches,
Recreation Center, Office or Professional, Temples, or Places of Worship"
Signs: Monument (On Premise), Signs: Real
Estate, Studio: Photography, Artist, Music,
Drama, Dance, Blueprint Reproduction, No
sexually oriented businesses
2 Social and Recreational Building,Day Nursery
or Kindergarten, Institutions of Religious or
Philanthropic Nature, Public Administration
Offices, Schools: Private, Public, Parochial,
College or University, Local Utility All uses allowed within the OT-GB
Distribution Lines, Park/Playground, zoning district, except no "Churches,
Recreation Center, Office or Professional, Temples, or Places of Worship"
Signs: Monument (On Premise), Signs: Real
Estate, Studio: Photography, Artist, Music,
Drama, Dance, Blueprint Reproduction, No
sexually oriented businesses
3 All uses allowed within the OT-GB
Church zoning district, plus "Community or
Social Buildings"
4 Social and Recreational Building,Day Nursery
or Kindergarten, Institutions of Religious or
Philanthropic Nature, Public Administration All uses allowed within the OT-GB
Offices, Schools: Private, Public, Parochial, «
College or University, Local Utility zoning district, except no Churches,
Distribution Lines, Park/Playground, Temples, or Places of Worship"
Recreation Center, Office or Professional,
Signs: Monument (On Premise), Signs: Real
JPH 4-21-14
Zone Change No. 2014-3Z
Page 3
Estate, Studio: Photography, Artist, Music,
Drama, Dance, Blueprint Reproduction, No
sexually oriented businesses
5 Parking Parking
6 Social and Recreational Building,Day Nursery
or Kindergarten, Institutions of Religious or
Philanthropic Nature, Public Administration
Offices, Schools: Private, Public, Parochial,
College or University, Local Utility All uses allowed within the OT-GB
Distribution Lines, Park/Playground, zoning district, plus "Community or
Recreation Center, Office or Professional, Social Buildings", and Parking
Signs: Monument (On Premise), Signs: Real
Estate, Studio: Photography, Artist, Music,
Drama, Dance, Blueprint Reproduction, No
sexually oriented businesses
7 Residence; plus Social and Recreational
Building, Day Nursery or Kindergarten,
Institutions of Religious or Philanthropic
Nature, Public Administration Offices,
Schools: Private, Public, Parochial, College Single Family Residence, plus all uses
or University, Local Utility Distribution allowed within the OT-GB zoning
Lines, Park/Playground, Recreation Center, district, except no "Churches, Temples,
Office or Professional, Signs: Monument or Places of Worship"
(On Premise), Signs: Real Estate, Studio:
Photography, Artist, Music, Drama, Dance,
Blueprint Reproduction, No sexually
oriented businesses
8 Parking Parking
9 Parking Parking
10 Retail, Restaurant; plus Social and
Recreational Building, Day Nursery or
Kindergarten, Institutions of Religious or
Philanthropic Nature, Public Administration
Offices, Schools: Private, Public, Parochial,
College or University, Local Utility All uses allowed within the OT-GB
Distribution Lines, Park/Playground, zoning district, plus Parking
Recreation Center, Office or Professional,
Signs: Monument(On Premise), Signs: Real
Estate, Studio: Photography, Artist, Music,
Drama, Dance, Blueprint Reproduction,No
sexually oriented businesses
JPH 4-21-14
Zone Change No. 2014-3Z
Page 4
SITE HISTORY: The subject 4.048 acres was annexed into the City of Pearland in 1959.Prior to
the adoption of the PUD in 2003, the property was located within two (2) zoning districts: Multi-
family(MF) and General Business (GB). The site was developed as follows:
Tracts Land Use
1 Single-story building used for classrooms and office space+ 14 parking spaces
2 Two-story building used for classroom space
3 Two-story building used for office and public meeting space
4 Two-story building used for classroom space, playground+ 8 parking spaces
5 39 parking spaces
6 Two-story building used for classroom and gym space+ 59 parking spaces
7 Single-story frame house, detached garage+ 3 parking spaces
8 43 parking spaces
9 96 parking spaces
10 68 parking spaces
The purpose of the PUD was to allow for multiple owners within the district to allow for the sale of
individual tracts. The PUD also established zero side and rear yard setbacks on multiple lots; 300
shared parking spaces, 90% lot coverage for Tract 3 and co-sharing of lots due to building
overhangs.
PLATTING STATUS: There is a recorded plat for a portion of the land included within the PUD;
Tracts 2 and 3 are platted as Lots 20A and 20B of the Clovergate Complex Subdivision. However,
the majority of the land is not platted. Platting will be required if and when development occurs.
The UDC defines development as the initiation of any activities related to the platting of land or
construction of buildings or structures, the construction of impervious surface, the installation of
utilities, roadways, drainage facilities or other infrastructure; or any disturbance of the surface or
subsurface of the land in preparation for such construction activities, including without limitation
removal of vegetation, grading, clearing, filling or removal of soil.
CONFORMANCE WITH THE COMPREHENSIVE PLAN: The site is located within the
Village District future land use designation. The Comprehensive Plan anticipated that a new zoning
district would need to be created for the Village District, which would allow a mix of uses within
Pearland's original town site,including residential,retail,office and public/semi-public uses. With
the adoption of the UDC in 2006, the Old Townsite District was created and includes three (3)
zoning districts; Old Townsite General Business (OT-GB), Old Townsite Single Family
Development (OT-R) and Old Townsite Mixed Use (OT-MU) Districts. According to the
Comprehensive Plan,major features and land uses of the Village District future land use designation
include the following:
• 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
JPH 4-21-14
Zone Change No. 2014-3Z
Page 5
• Appropriate zoning districts to be established (currently zoned MF, GB, C, OT)
The requested amendment conforms to the future land use designation of the Comprehensive Plan,as
the site is located within the Old Townsite,and embraces the self-contained,tightly gridded village,
identified by a mix of residential,business and civic uses proposed within the mix of uses offered by
the OT-GB zoning district. This concept is a viable alternative to the spacious, auto-dependent
suburban development. The amendment to the PUD includes elements commonly used to define a
village; its compact, proposes a mix of residential and non-residential uses and promotes shared
parking and flexibility to encourage the reuse of existing buildings.
CONFORMANCE WITH THE THOROUGHFARE PLAN: The subject property has frontage
on Broadway Street; a major thoroughfare, which requires 120 feet of right-of-way; N. Texas
Avenue,N.Washington Avenue and W.Jasmine Street;all local streets which require a right-of-way
width of 50 feet. There is a recorded plat for a portion of the land included within the PUD,however
the majority of the property within the PUD has not been platted. A survey has not been provided by
the applicant at this time; however, based on GIS data, it appears that the right-of-way along
Broadway Street in this location is approximately 100 feet and the right-of-way along the above local
streets is approximately 60 feet. It does not appear that the right-of-way width along Broadway
Street conforms to the Thoroughfare Plan. However, should certain improvements are proposed in
the future, additional right-of-way may be required.
AVAILABILITY OF UTILITIES: The subject parcel has access to public water and public sewer.
The applicant is responsible for extending lines onto the subject property, if necessary.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The subject property is currently
developed and is surrounded by undeveloped land and developed residential and nonresidential
developments. The proposed zone change,to allow additional uses within the PUD,if approved,is
not anticipated to have any negative impacts on existing or future developments in the immediate
area.
ADDITONAL COMMENTS: This request has been reviewed by the City's Development Review
Committee and there were no additional comments from other departments at the time of this report.
PUBLIC NOTIFICATION: Public notices,comment forms,and a vicinity map were mailed to the
applicant as well as property owners within 200 feet of the subject property under consideration for
the amendment to the PUD for Magnolia Court at Old Town Pearland. There are twenty-two (22)
property owners within 200 feet of the site. Additionally, a legal notice of public hearing was
published in the local newspaper notification signs were placed on the property by the applicant.
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 at the time of
this report.
JPH 4-21-14
Zone Change No. 2014-3Z
Page 6
STAFF RECOMMENDATION: The applicant proposes minor deviations as it relates to
allowable uses within the OT-GB list of permitted uses. For example, the OT-GB zoning district
allows for Institutional uses such as a Church,by right. The applicant proposes to prohibit Churches
on Tracts 1, 2, 4, and 7. The mix of uses allowed within the OT-GB zoning district was
recommended by the Comprehensive Plan to further the goals of the Village concept and the Old
Townsite,with a walkable,mixed use development. Additionally, as a result of the adoption of the
UDC, three Old Townsite zoning districts were created (OT-GB, OT-R and OT-MU) to create
downtown, walkable pedestrian friendly district, among other things listed in this report. Staff
recommends approval of the change in zoning to amend the PUD for Magnolia Court at Old Town
Pearland to allow for uses that are permitted within the Old Town-General Business(OT-GB)zoning
district, without restrictions on allowable uses for the following reasons:
1. It is not anticipated that the proposed change in zoning will have any significant negative
impacts on surrounding properties or developments. With the adoption of the UDC in 2006,
the OT-GB zoning district was created to support Old Town as a walkable village with a mix
of uses. The proposed amendment helps to further the goals of the Old Townsite.
2. The future land use designation of the Comprehensive Plan (Village District) supports the
proposed zoning district land uses and embraces the self-contained, tightly gridded village
concept, identified by a mix of residential, business and civic uses and shared parking, as
allowed within the OT-GB zoning district and recommended by the Comprehensive Plan.
The proposed amendment helps to further the goals,as identified in the Comprehensive Plan
for the Village District.
SUPPORTING ATTACHMENTS:
1. Vicinity and Zoning Map
2. Abutter Map
3. Abutter List
4. Future Land Use Map
5. Aerial Map
6. Magnolia Court at Old Town Pearland PUD
7. Applicant Packet
JPH 4-21-14
Zone Change No. 2014-3Z
Page 7
a E vi
N N
L � Nz .2 N `o7ONf6
N— 05 Z N N N d Q N 7 j p i a)i 4-• '14 a O : N . L o � s ° �
CV O � Q� m6NO � @°
Z � Q Q� E „ `o c a) S o
a) X = Ua ° ate- :. � -
c CO .� — aa) ? . .
cu CO `o � 1 � NQ -
- 0 =O -
< N CO - a c a) .2- a —
u) ',— ° co
I— E O = as O
it44*.,,,,..Qiif.',......;,,% 'f7L,•.•, 114 ., ' , ,. , „.,. i. k, '''' ' L 6
.•,'•:riiii . tibi,,.' ' .1 ' 1'.., '. . ' , .!-''''..7 L',774;apr, ,,..'---.1-- isol =, ; „,,..4.-'•. ::i,,,;,,,, ,:-........:,,,,,,:i.:7:s,,,,,,,,,,,,,,
S � ' #4,
ii T�
-
[ <
, , disk ,.._ ,6j le air N 1.
rnO
cn CD O O O N Air m s _air
j
.,.4 r e. lii e 1 „. .
d g 'r .fir t:�, ..
. .
. ,
— kR ',. . , a
999���
ii. „,,,
.. ,....,,,_ ., -;,,L.,: . ,.---14 low _____ ,,,. .
.
,
i V.
i fig, �. r,fir 1. F 4
rte•
yy is •'
- - '.:-. ..o..1.,‘4.?'.#:',:f• . ---f .---,-' 1111(P” i ' 1-/10-I-
i q ; . t t 3 f "
r y `
' - r r
i
it r i ' �
�„ (^
a. 44 Via' N 1}
k '•
'' ill
IF -r
$ ,,._t"4--.•. 1
is __ tic'
._ $ ° r
n v) a) m
N
DV]el Tu
+r Q m o ca
0 E `o .c � E
a o a a)
p) p G) Ego = � � '�
U Cl- . ( ° °
Q 42 E_ _■
C13 RS 03 i o a) Q) w C -
wN N U N
2 0 0 U) C j o N —CL
^^++ p , = Q) �
W -=p L o a) o L() -
o p (6 C a C co-CI J 0 ac 0 o a) o o —•
N O � �_ o 0
(0 0 - U
- E2
N N N N 6 p
CD O
ITI.r1�,'i^ io ° `n o o CO i r�i M h n N v�;v v `r. ;k 0 co N `R N N' N cs N ? O cp CO N O N ,„9 N .(NI
N -
N N N N N N N N V N N ,...,n
11111911 _,
4 � � X11
cp
0 ,
NI A
v N N 110111111
O V
O �t
} �7 N
w
V
o 9iuLirI+t4tt
i
0
11111 T
11111 111 �o
1 _ o 0
�_1 N N N N N
o ,
w 0 1�IIIIIIIi uiiii Illllllllllllil-111H ��IIII IIIII ��� .111111 NI
1IiL 11 l N CD
_ � � , ■11111111
I �IIIII��II�il�l�l 0 i 1111 1111 �
�', 1111 111111
• 11111111111
� NNN2NNN7 �. 11111111 Y
1 III. II II I IIII 1111111111 111111111 ��11111111 . 1
t CV 111 e O O M O E
cO co N N N.. A N N N N M O
i .......1.1 :,,, . imioni
_ IIIIIMINIUMII 711111 4 t. ,, ,
0 0 0 0 0 0 0 1
.a /� N N N N N N N 11:1131
1111111 1111111111
o � � 1 II_ IL I II ■ 111Illllllllllll a, � _� � .., 11 ( �� 1�i
d V
_c _0- ui iy
N cllH Z as
0 03 d O .T 2 E
ON y .- •vi
N fi L oa Z -c a•E'
m � ` o -c LL
CU C U a 1- 0 0 C .LD =O O
E as as c v ° Q —
L — w a —
V O O � W 'v, a�V C,- � -
T! -o —
v c. °c rn N o M -
N 2 O �, O
t f6 L 'O
CD 0
1l'1 O 'O (O (O (D (O O p O O O O
N N N N C N p p o M 0 M M M M M M M N N .t - V
N N N N O N et N N N N N N N N N N
N •1■0
N _
N
,ice -- -...
O ` -------- � iI
N N N N; J
N N - r a
' p N
O.0.
N N
O
--- V
O
O
(V m 0 O
IV M\-C.3
p p
N
M�
- ..__._...
NN
o rn m o I I■ LO O`M�p N N
O N N
M M NNj 1._
0 N
%/ O 1 ■
r. ii,..,_
CO O C') ap C') co W N 4 N C\i M cNi N
CO an N N NN N N,N N.N N N N: N N
N
N N N: I L:,
_a .., \--
N M II1ii1 M (lc,
N _
N N N
_ _ -__\..._ ___
1 ViA .--1--- 1 \ i .
co
N N.N -,r
N O't0 Tr ,O O O c`i N
co M M
N NI,N N N.N N. '.:N;,N N''.N N •
N N�,N N N O
p M
_ V
co ER
N
M '
N
M
N
N N N
O
V O
V
p
N N N N
N O O O p, ,a),co,: ,:r
V
N O O O O M M CD
co
a-.- N N O p N N N N N N N M M M M p M n O O O_ N N N N N N N N N N N � N fV ,N N N N N N N N N N N N NIN IN V 7
IN N N N N N N n N u. ■
Ordinance No. 2000M-112
Exhibit "D"
Pl a nnin g & Zoning Comfflission
Recommendation Letter
April 22, 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change No. 2014-3Z
Honorable Mayor and City Council Members:
At their meeting on April 21 , 2014, the Planning and Zoning Commission considered
the following:
A request of Alan Mueller, applicant; on behalf of David Miller; Gromax Building,
LTD; First Christian Academy; Harvest of Praise Exalted (HOPE); Barnett's,
LTD., owners; for approval of a change in zoning to amend the Magnolia Court at
Old Town Pearland Planned Unit Development (PUD) including approximately
4.048 acres of land, on the following described property, to wit:
LEGAL DESCRIPTION: All of lots 1 through 40, inclusive in Block 15, all of lots
24 through 29, inclusive in Block 16 and all of lots 20 through 25, inclusive in
Block 14 in the Original Town site of Pearland as recorded in Volume 29, Page
41 in Brazoria County Deed Records, and a 0.148 acre tract as described in
Volume 29, Page 41 in the Brazoria County Deed Records, and a 0.148 acre
tract as described in Volume 1479, Page 559 in Brazoria County Deed Records,
all in the H.T. & B.R.R. Co. Survey, Abstract No. 232 in Brazoria County, Texas.
Called Magnolia Court at Old Town Pearland.
GENERAL LOCATION: East and west of N. Washington Avenue; east and west
of N. Texas Avenue; between W. Jasmine Street to the north and Broadway
Street to the south; Pearland, Texas
After staff presentation Commissioner Linda Cowles made a motion to approve the
change in zoning to amend the Magnolia Court at Old Town Pearland Planned Unit
Development (PUD). The motion was seconded by Commissioner Elizabeth McLane.
The motion passed with a vote of 7/0. The Planning and Zoning Commission approved
the following:
1. Allowable Uses for Tracts 1-10
Tract Existing PUD Allowable Uses Planning and Zoning Commission
Approved Amendment
1 Social and Recreational Building, Day
Nursery or Kindergarten, Institutions of
Religious or Philanthropic Nature, Public
Administration Offices, Schools: Private,
Public, Parochial, College or University,
Local Utility Distribution Lines, All uses allowed within the OT-GB
Park/Playground, Recreation Center, zoning district
Office or Professional, Signs: Monument
(On Premise), Signs: Real Estate,
Studio: Photography, Artist, Music,
Drama, Dance, Blueprint Reproduction,
No sexually oriented businesses
2 Social and Recreational Building, Day
Nursery or Kindergarten, Institutions of
Religious or Philanthropic Nature, Public
Administration Offices, Schools: Private,
Public, Parochial, College or University,
Local Utility Distribution Lines, All uses allowed within the OT-GB
Park/Playground, Recreation Center, zoning district
Office or Professional, Signs: Monument
(On Premise), Signs: Real Estate,
Studio: Photography, Artist, Music,
Drama, Dance, Blueprint Reproduction,
No sexually oriented businesses
3 All uses allowed within the OT-GB
Church zoning district, plus "Community or
Social Buildings"
4 Social and Recreational Building, Day
Nursery or Kindergarten, Institutions of
Religious or Philanthropic Nature, Public
Administration Offices, Schools: Private,
Public, Parochial, College or University,
Local Utility Distribution Lines, All uses allowed within the OT-GB
Park/Playground, Recreation Center, zoning district
Office or Professional, Signs: Monument
(On Premise), Signs: Real Estate,
Studio: Photography, Artist, Music,
Drama, Dance, Blueprint Reproduction,
No sexually oriented businesses
5 Parking Parking
6 Social and Recreational Building, Day All uses allowed within the OT-GB
Nursery or Kindergarten, Institutions of zoning district, plus "Community or
Religious or Philanthropic Nature, Public Social Buildings", and Parking
Administration Offices, Schools: Private,
Public, Parochial, College or University,
Local Utility Distribution Lines,
Park/Playground, Recreation Center,
Office or Professional, Signs: Monument
(On Premise), Signs: Real Estate,
Studio: Photography, Artist, Music,
Drama, Dance, Blueprint Reproduction,
No sexually oriented businesses
7 Residence; plus Social and Recreational
Building, Day Nursery or Kindergarten,
Institutions of Religious or Philanthropic
Nature, Public Administration Offices,
Schools: Private, Public, Parochial,
College or University, Local Utility Single Family Residence, plus all
Distribution Lines, Park/Playground, uses allowed within the OT-GB
Recreation Center, Office or zoning district
Professional, Signs: Monument (On
Premise), Signs: Real Estate, Studio:
Photography, Artist, Music, Drama,
Dance, Blueprint Reproduction, No
sexually oriented businesses
8 Parking Parking
9 Parking Parking
10 Retail, Restaurant; plus Social and
Recreational Building, Day Nursery or
Kindergarten, Institutions of Religious or
Philanthropic Nature, Public
Administration Offices, Schools: Private,
Public, Parochial, College or University, All uses allowed within the OT-GB
Local Utility Distribution Lines, zoning district, plus Parking
Park/Playground, Recreation Center,
Office or Professional, Signs: Monument
(On Premise), Signs: Real Estate,
Studio: Photography, Artist, Music,
Drama, Dance, Blueprint Reproduction,
No sexually oriented businesses
2. Signaqe
Any new signage shall conform to Chapter 4, Division 5 of the Unified Development
Code (UDC).
Sincerely,
Johnna Matthews
Senior Planner
On behalf of the Planning and Zoning Commission
aktei _
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of April 10, 2014.
P blisher's Representative
Sworn to and subscribed before me this /2 day of May ay , 2014.
odid.reille,64,xe(frolD
Notary Public
1./ .I • =+� SARAH REBECCA FERGUSON
My commission expires on / I i. MYCOMMISSIONEXPIRES
,,:SO`� January 17,2016
Legal Notices ", I Legal Notices "1
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION,
OF THE CITY OF PEARLAND,TEXAS
ZONE CHANGE APPLICATION N0.2014-3Z - '
Notice is hereby given that on April 21,2014 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,at the request of Alan Mueller,applicant;
on behalf of multiple owners;for approval of an amendment to the
Magnolia Court at Old Town Pearland Planned Unit Development(PUD),
• Which'includes approximately 4.048 acres of land,more specifically
described as:
All of lots 1 through 40, inclusive in Block 15,all of lots 24
through 29, inclusive in Block 16 and all of'lots 20 through
25,Inclusive In Block 14 in.the Original Town site of Pearland
as recorded in.Volume 29,Page.41 in Brazoria County Deed;
• Records, and-a 0.148 acre tract as'described in Volume 29,
Page 41 in the Brazoria County Deed Records,and a 0.148 acre
tract as described in Volume 1479,Page 559 in Brazoria County
Deed Records,all in the H.T.&B.R:R.Co.Survey,Abstract No.
232'in.Brazoria County,Texas. Called Magnolia Court at Old
Town Pearland:
General Location:East and west of N.Washington Avenue;east
and west of N.Texas Avenue;between W.Jasmine Street to
the north and Broadway Street to the south;Pearland,TX
At said hearing,all interested parties shall have the right and opportunity
to-appear and be heard on The subject. For additional information;
please contact the Planning Department at 281-652-1765. -
Johnna Matthews
Senior Planner