Ord. 2000M-0121 2014-10-27 Ordinance No. 2000M-121
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 29.331
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 Home Company's Part of Suburban Gardens,
a subdivision of record in Volume 2, Page 98 of the Brazoria County Plat
Records, being a portion of Business Center Planned Development Tract C-4,
the plat thereof recorded under Document Number 2013-033688 in the Official
Public Records of Brazoria County Texas, further being the residue of a 30.583
acre tract (Part One) and the residue of a 9.990 acre tract (Part Two) described
in the deed from Compass Bank to Parkside 59/288 LTD. Recorded under
Document No. 2011012491, in the Official Public Records of Brazoria County,
Texas, located at the northwest corner of County Road 59 and State Highway
288, Zone Change 2014-15Z, a request of BGE Kerry R. Gilbert and Associates,
applicant; on behalf of Parkside 59/288 LTD, owner; for approval of an
amendment to the Business Center PD; on approximately 29.331 acres of land,
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, BGE Kerry R. Gilbert and Associates, applicant; on behalf of
Parkside 59/288 LTD, owner, is requesting approval of an amendment to the Business
Center PD for Land Use Areas 1 and 3, said amendment attached as Exhibit "A," on
approximately 29.331 acres of land; said property being legally described in the legal
description attached hereto and made a part hereof for all purposes as Exhibit "B," and
more graphically depicted in the vicinity and zoning map attached hereto and made a
part hereof for all purposes as Exhibit "C;" and
WHEREAS, on the 15th day of September, 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 "D," 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 September, 2014, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed zone change application of BGE Kerry R. Gilbert and Associates, applicant;
on behalf of Parkside 59/288 LTD, owner; for approval of an amendment to the
Business Center PD; on approximately 29.331 acres of land, said recommendation
attached hereto and made a part hereof for all purposes as Exhibit "E"; 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 13th day of October 2014
and the 27th day of October 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 BGE Kerry R. Gilbert and Associates, applicant; on behalf of
Parkside 59/288 LTD, owner; for approval of an amendment to the Business Center PD;
on approximately 29.331 acres of land, 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 Business Center PD,
is hereby amended, 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:
Page 2 of 11
Ord. No 2000M-121
LEGAL DESCRIPTION: Being 29.331 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
Home Company's Part of Suburban Gardens, a subdivision of record in Volume
2, Page 98 of the Brazoria County Plat Records, being a portion of Business
Center Planned Development Tract C-4, the plat thereof recorded under
Document Number 2013-033688 in the Official Public Records of Brazoria
County Texas, further being the residue of a 30.583 acre tract (Part One) and the
residue of a 9.990 acre tract (Part Two) described in the deed from Compass
Bank to Parkside 59/288 LTD. Recorded under Document No. 2011012491, in
the Official Public Records of Brazoria County, Texas
GENERAL LOCATION: Northwest corner of County Road 59 and State
Highway 288 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.
Section V. All rights and remedies, which have accrued in the favor of the City
Page 3 of 11
Ord. No 2000M-121
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-M 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
October, 2014.
TOM REID
MAYOR
ATTEST:
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PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of October, 2014.
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TOM REID
MAYOR
Page 4 of 11
Ord. No 2000M-121
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ROVED A6-10 FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 11
Ord. No 2000M-121
Ordinance No. 2000M-121
Exhibit "A"
Business Center PD
-Amendment-
Prepared for:
Parkside 59/288, Ltd.
Prepared by:
BGE I Kerry R. Gilbert & Associates
September 17, 2014
Table of Contents
I. Introduction 1
A. Description of Property
B. Description of Proposed Development
C. Describe the area of land in acreage and legal description
D. Statement as to the purpose and intent of the PD
II. Zoning and Land Uses 3
A. Describe existing zoning district surrounding the site
B. Describe the acreage difference between the Base Zoning and
proposed district
C. General standards applicable to project
D. Permitted and conditional uses allowed
Table: 1 Land Use Area Table
III. Design Standards 5
A. Design Standards
B. Specific list of deviations.
C. All requirements of the Unified Development Code will be met,
unless specifically mentioned in this document
IV. Required dedications of land or public improvements 9
V. Exhibits 9
A - Location Map
B - Survey, metes & bounds description-Original
B.1 - Survey, metes & bounds description-Amendment
C - Surrounding Properties/ Zoning Map
D - Land Use Areas
E - Power Line Exhibit
F - Landscape/Screening along CR 59 and the Detention Basin
G -Detention Facility
H - Landscape/Screening along Northern Detention Basin
J - Material Examples
I. 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 and a 176 foot wide detention pond form the western boundary of the
tract. South Gate, a single-family residential subdivision is situated west of the subject
property. 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 of this project 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 (Detention Pond A). The width of the proposed detention is 176' wide which
provides a significant buffer distance between the residential and commercial
developments. Construction of the wall will occur as the development in LUA 2 and LUA 3
occur. In addition to the 176' wide detention facility described above, a dry detention pond
will be located in the northern portion of LUA 3 (Detention Pond B) in order to provide
detention for the property east of Business Center Drive (LUA 1).
Exhibit D- Land Use Areas shows the location of the detention facilities.
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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.
The August 2014 Amendment to the original Business Center Planned Development is for
the property described in this document as Land Use Area 1 (±9.7 Acres ) and Land Use
Area 3 ( + 19.7 Acres) only. Land Use Area 2 is specifically omitted due to the fact that the
property is sold and no revisions are being made to the regulations for the area. In addition,
land within the detention facility on the western side of the property (Detention Pond A) is
now owned by the Brazoria County Municipal Utility District No. 34 and therefore is not
included in the amendment. See Exhibit B.1 - Survey, metes & bounds description-
Amendment and Exhibit D-Land Use Areas.
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.
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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 listed 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.
3
Land Use Area Table
Types of Uses and Maximum Acreages Design Element
Land Use Restaurant (Drive-thru)* (9.7 acres) Shared Driveways
Area 1 Restaurant (Dine-in) (9.7 acres)
Hotel/Motel and Orientation of bay windows shall not face Business
+ 9.7 Acres Extended Stay** (6 acres) Center Drive or SH 288.
Auto Repair(minor) (5 acres) Drive-thru windows that face the street will be buffered
Auto Wash per City Corridor Overlay District and BP-288 District
(full service/detail) (5 acres) requirements.
Auto Wash (self-service) (5 acres)
Laundry/Dry Cleaning (2 acres)
Garden/Nursery Store (8 acres)
Shopping Center (8 acres)
Pharmacy (4 acres)
Land Use Restaurant (Drive-thru)* (5.8 acres) Shared Driveways
Area 2 Restaurant(Dine-in) (5.8 acres)
Gas/Convenience Store *** (3 acres) Orientation of service bay doors shall not face Business
+5.8 Acres Auto Wash (self-service) associated Center Drive.
with a gas station only Drive-thru windows that face the street will be buffered
per City Corridor Overlay District and BP-288 District
requirements.
Land Use Nursing/Convalescent Home•••.(4 acres) Shared Driveways
Area 3 Flex/Back Office (12 acres)
Museum (5 acres) Nursing/Convalescent Home as defined by the UDC The
+23.3 Acres Shopping Center (12 acres) design of the complex will incorporate interior hallways.
Gas/Convenience Store***...(3 acres) Businesses to be oriented towards Business Center Drive
Auto Wash (self-service) (3 acres) or businesses can be oriented towards another business.
Retail Superstore**** (17 acres)
Additional Uses allowed Orientation of overhead doors and service bay doors
within Retail Superstore: shall not face Business Center Drive except when a
Tire Sales building is over 100,000 square feet and used as a Retail
Auto Repair(Minor) Superstore located a minimum of 180 feet from the front
Pharmacy property line.
Liquor sales as permitted by TABC
Photo Processing Flex/Back Office to be one-story industrial product with
Food Preparation Services tilt wall or similar concrete construction that can
(Butcher,Deli,Bakery, etc.) accommodate 25%to 100%office use; dock high doors
Optometry Services shall not face Business Center Drive.
General food and retail sales
The proposed detention facility(Detention Pond B)along
the North property line,may be adjusted within the
boundary of LUA 3 so long as screening is provided per
the regulations set on page 6 of this document.
"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 2 and one (1) facility in LUA 3.
Furthermore, the Gas/Convenience Store in LUA 3 is permitted only if used as an accessory to the
Retail Superstore or similar Anchor Retail Store
**** Retail Superstore is defined as an establishment that sells a variety of goods and services arranged
into multiple departments. These departments may include, but are not limited to, consumable foods,
prepared foods, pharmacy, electronics, etc.
4
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.
Within Land Use Area 3 (LUA3) only, the following standard applies:
For all non-residential structures one hundred thousand (100,000) square feet in
size or greater that is used as a Retail Superstore and located a minimum of 180
feet from the front property line, acceptable front facade materials of any building
that faces onto a thoroughfare or collector may include up to a combined maximum
of 65% architectural metal panel (rib and/or textured). Side facades of such
buildings may include up to a combined maximum of 75% architectural metal panel
(rib and/or textured). See Exhibit J for examples of acceptable materials.
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. Lighng
ti : -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.
5
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.
However, within Land Use Area 3 (LUA3), a single building over one hundred thousand
(100,000) square feet that is used as a Retail Superstore and is located a minimum of 180
feet from the front property line may provide bicycle storage for a minimum of two (2)
percent of the companies employees within a secure space in the buildings receiving area
in lieu of the Bicycle Parking standards.
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.
Within Land Use Area 3 (LUA3) only, the following standard applies:
For a non-residential structures one hundred thousand (100,000) square feet in
size or greater that is used as a Retail Superstore and located a minimum of 180
feet from the front property line, any receiving dock bay or compactor area must
be adequately screened from public view by plant materials within the site
perimeter buffers. The minimum distance between the property line along
Business Center Drive and the doors must be one hundred and eighty (180) feet.
The plant materials used as screening must include evergreen shrubs maintained
at 6' in height, and parking lot end islands with evergreen shrubs maintained at 3'
in height. Canopy trees, evergreen shrubs, and a variety of low shrubs, ornamental
grasses, and groundcovers must be included to further enhance the visual buffer.
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.
10. Screening: Screening will conform to the City of Pearland UDC except for any
exclusions listed below in Section B . The screening for the existing regional detention
facility (Detention Pond A) will consist of screening along the eastern boundary of the
detention pond either as:
1) A 6 foot tall pre-cast masonry wall
2) A landscape buffer consisting of a minimum thirty (30) foot wide area. To
adequately screen the Property from public view, the buffer must be
landscaped with evergreen shrubs maintained at a 3' height, canopy trees, and
a variety of low shrubs, ornamental grasses and groundcover to enhance the
visual buffer. Shrubs within the landscape buffer shall be placed a minimum of
three (3) feet on center. Trees shall have a minimum caliber of 3 inches.
6
11. Utilities: Overhead power lines exist along the north side of CR 59 and inside the
right of way of Business Center Drive. The overhead line along Business Center Drive
will remain in place and provide primary power for all land east of Business Center Drive.
Additionally, new overhead lines will be constructed by Centerpoint along the west
boundary of the Property, as shown on Exhibit E. Overhead lines will be used to
distribute power, as shown on Exhibit E. Overhead power shall setback a minimum of
twenty (20) feet behind the front of the building structure closest to Business Center
Drive or 150' from the Business Center Drive right-of-way line, whichever is greater, so
to maintain clean view corridors along Business Center Drive. 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 specified listed above and as shown on Exhibit E. Exhibit E
- Utility Plan depicts the location of existing and proposed overhead power lines.
*Underground power delivery to Land Use Area 1 may include above ground terminal
poles. The configuration and engineering of underground power will be determined by
Centerpoint.All transformers and similar equipment need to be ground mounted, and not
pole mounted, for any connection to or extension from existing overhead lines along
Business Center Drive. It should be noted, however, that underground service may
require a terminal pole to initiate service. This provision shall include the 150' setback
for above ground power along Business Center right-of-way. Additionally, ground
mounted transformers or similar equipment shall be screened per UDC Section 4.2.4.1
(d), General Screening.
12. Detention Facility: The primary detention for this development will be located along
the western boundary of the tract (Detention Pond A). The detention 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. The existing
Brazoria Drainage District ditch is 60 feet wide. The combination of these two drainage
areas provides a single, 236 foot wide buffer between the existing residential and
proposed commercial. A screen wall, six (6') tall masonry or pre-cast wall will be
constructed along the east side of the detention facility to enhance the screening
between uses. The wall will be constructed as buildings are constructed. Landscape
plantings of trees and shrubs will also be incorporated along the frontage of CR 59 to
provide a visual screen from the public right-of-way. As an option, a landscape buffer, as
described on the page 6 under Section 10-Screening, may be used in place of the six (6)
foot wall.
An additional dry detention facility (Detention Pond B) will be located on the northern
portion of Land Use Area 3 to provide the detention needed for the eastern ±9.7 acres
(LUA1). A landscape easement no less than ten (10) feet in width and no greater than
fifteen (15) feet in width will be provided along the northern and southern boundaries of
the detention basin and along the eastern boundary of the detention basin. This will
ensure adequate screening between the detention facility and the commercial property to
the north and to the south as well as Business Center Drive to the east. Exhibit G -
Detention Facility, shows the proposed landscape easements. The landscape buffer will
incorporate plantings of trees and shrubs as shown in Exhibit H. Shrubs within the
7
landscape buffer shall be placed a minimum of three (3) feet on center. No screening is
required between Detention Pond A and Detention Pond B.
B. 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
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: The regional detention required for this development is better
served as a buffer to the single family residential than as a lake amenity for the
project. The total width of the detention and drainage area is 236 feet (Detention
Pond A). The distance, coupled with the six foot (6') wall provides a sufficient buffer
and screen for the residential neighborhood to the west.
Detention for the eastern + 9.7 acres will also be provided by a dry detention basin
(Detention Pond B). The detention will be screened by landscaping along the southern
and eastern edge of the basin to create a visual buffer from Business Center Drive
and the neighboring commercial property to the south. Utilizing this method of
detention will allow more efficient development for Land Use Area 1.
7. Section 2.4.5.1.M: Overhead utilities will be utilized west of Business Center Drive.
Overhead lines will be setback a minimum of 150' from Business Center Drive. Power
will be distributed underground to the Property east of Business Center Drive but may
include above ground terminal poles. The configuration and engineering of
underground power will be determined by Centerpoint.
8. Section 2.4.5.1.f Bicycle Parking
Within Land Use Area 3 (LUA3), a non-residential structure over one hundred
thousand (100,000) square feet that is used as a Retail Superstore and is located a
minimum of 180 feet from the front property line, shall provide bicycle storage for a
minimum of two (2) percent of the companies employees within a secure space in the
buildings receiving area in lieu of the Bicycle Parking standards.
8
9. Section 2.4.5.1.d Building Articulation
In Land Use Area 3, for all non-residential structures one hundred thousand (100,000)
square feet in size or greater used as a Retail Superstore and located a minimum of
180 feet from the front property line, front facades of any building that faces onto a
thoroughfare or collector shall incorporate architectural variation (building mass
offsets, trellises, etc.) of at least two (2) feet in depth for 30% of the building length
and material variation for every 125' in horizontal length. Side facades of such
buildings shall incorporate material variation for every 125' in horizontal length.
C. All requirements of the Unified Development Code will be met, unless specifically
mentioned in this document
I.V. Required dedications of land or public improvements
This development is primarily commercial, retail and office and therefore no dedication to
parkland required.
V. Exhibits
A-Location Map
B- Survey, metes & bounds description-Original
B.1 - Survey, metes & bounds description-Amendment
C- Surrounding Properties/Zoning Map
D- Land Use Areas
E-Power Line Exhibit
F-Landscape/Screening along CR 59 and the Detention Basin
G-Detention Exhibit
H-Landscape/Screening along Northern Detention Basin
J - Material Examples
9
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Ordinance No. 2000M-121
Exhibit "B"
Exhibit B
Legal Description
Being 29.331 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 Home Company's
Part of Suburban Gardens, a subdivision of record in Volume 2, Page 98 of the
Brazoria County Plat Records, being a portion of Business Center Planned
Development Tract C-4, the plat thereof recorded under Document Number
2013-033688 in the Official Public Records of Brazoria County Texas, further
being the residue of a 30.583 acre tract (Part One) and the residue of a 9.990
acre tract (Part Two) described in the deed from Compass Bank to Parkside
59/288 LTD. Recorded under Document No. 2011012491, in the Official Public
Records of Brazoria County, Texas.
Page 7 of 11
Ord. No 2000M-121
Ordinance No. 2000M-121
Exhibit "C"
Exhibit C
Vicinity and Zoning Map
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Page 8 of 11
Ord. No 2000M-121
Ordinance No. 2000M-121
Exhibit "D"
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 August 28, 2014.
P blisher's Representative
Sworn to and subscribed before me this bL-A-- day of y 14.
Notary Public
My commission expires on !■ X11 11a,•
[ *tenter I
. tember 1,2014
Exhibit ID
Legal Ad
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 NUMBER: 2014-151
Notice is hereby given that on September 15. 2014 at 6:30 p rn..
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 BGE Kerry R
Gilbert and Associates, applicant; on behalf of Darksi de 59/288 LTD.
owner; for approval of an amendment to the Bt.:siness Center PD; on
approximately 29.331 acres of land,to wit:
Being 29.331 acres of land located in the H.T & B R.R. Company
Survey. Section 81, Abstract Number 300, Brazona County.
Texas, being a portion of Lots 38, 39, 40, 4c. and 50 of the Allison
Richey Gulf Coast Home Company's Part of Suburban Gardens.
a subdivision of record in Volume 2, Page 98 of the Brazoria
County Plat Records, being a portion of Business Center Planned
Development Tract C-4,the plat thereof recorded under Document
Number 2013-033688 in the Official Public Records of Brazoria
County Texas,further being the residue of a 30,583 acre tract(Part
One and the residue of a 9.990 acre tract (Part Two described in
the deed from Compass Bank to Parkside .E9/288 LTD Recorded
under Document No. 2011012491, in the Off cial Public Records of
Brazoria County,Texas.
General Location: Northwest corner of County Road 59 and State
Highway 288
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
City Planner
Page 9 of 11
Ord. No 2000M-121
Ordinance No. 2000M-121
Exhibit "E"
Exhibit E
Planning and Zoning Commission Recommendation Letter
4''
�/ \ ) , o.,
Plannin g Zoning& Commission
September 16, 2014
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 2014-15Z, Business Center
Planned Development (PD) Amendment
Honorable Mayor and City Council Members:
At their meeting on September 15, 2014, the Planning and Zoning Commission
considered the following:
A request of BGE Kerry R. Gilbert and Associates, applicant; on behalf of
Parkside 59/288 LTD, owner; for approval of an amendment to the Business
Center PD; on approximately 29.331 acres of land, to wit:
Legal Description: Being 29.331 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
Home Company's Part of Suburban Gardens, a subdivision of record in Volume
2, Page 98 of the Brazoria County Plat Records, being a portion of Business
Center Planned Development Tract C-4, the plat thereof recorded under
Document Number 2013-033688 in the Official Public Records of Brazoria
County Texas, further being the residue of a 30.583 acre tract (Part One) and the
residue of a 9.990 acre tract (Part Two) described in the deed from Compass
Bank to Parkside 59/288 LTD. Recorded under Document No. 2011012491, in
the Official Public Records of Brazoria County, Texas.
General Location: Northwest corner of County Road 59 and State Highway 288
Pearland, TX
Commissioner Elizabeth McLane made a motion to approve the zone change request,
Page 10 of 11
Ord. No 2000M-121
known as the Business Center PD, regarding the allowable uses and design standards
for Land Use Areas a and 3; with conditions. The motion was seconded by
Commissioner Daniel Tunstall. The motion passed 6/0.
The following conditions must be addressed prior to the First Reading of the Ordinance
before City Council:
1 . Incorporate graphics and images showing the facades of the proposed
changes to facade materials.
2. Spacing of shrubs included in the landscaped buffer.
3. Provide for screening of the proposed Detention Pond B, along the north
property line.
Sincerely,
Johnna Matthews
al,(, Lilo,
City Planner
On behalf of the Planning and Zoning Commission
Page 11 of 11
Ord. No 2000M-121