Ord. 2000M-0122 2014-10-27 Ordinance No. 2000M-122
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 1.707 acres
of land located in the Thomas J. Green Survey, Abstract 198, Brazoria County,
Texas, more particularly being all of Lot A and a portion of Lot B, Block 1 of
Amending Plat No. 1, Province Village Drive, Office Park and Reserves, a
subdivision of record under Doc# 2008019410 of the Official Public Records of
Brazoria County, Texas (B.C.O.P.R.), located at the southeast corner of Province
Village Drive and Pearland Parkway, Zone Change 2014-16Z, a request of LJA
Engineering, applicant; on behalf of A S 121 Pearland Parkway-Broadway Street,
L.P., owner; for a change in zoning to amend the Province Village PD, on
approximately 1.707 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, LJA Engineering, applicant; on behalf of A S 121 Pearland Parkway-
Broadway Street, L.P., owner; is requesting approval of an amendment to the Province
Village PD to change the overlay zoning district of an approximately 1.707 acre site
from Office and Professional (OP) to General Business (GB); said amendment attached
as Exhibit "A;" 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 16th 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 LJA Engineering, applicant; on behalf of A S 121
Pearland Parkway-Broadway Street, L.P., owner; for approval of an amendment to the
Province Village PD; on approximately 1.707 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 LJA Engineering, applicant; on behalf of A S 121 Pearland
Parkway-Broadway Street, L.P., owner; for approval of an amendment to the Province
Village PD; on approximately 1.707 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 Province Village 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:
LEGAL DESCRIPTION: Being 1.707 acres of land located in the Thomas J.
Green Survey, Abstract 198, Brazoria County, Texas, more particularly being all
of Lot A and a portion of Lot B, Block 1 of Amending Plat No. 1, Province Village
Drive, Office Park and Reserves, a subdivision of record under Doc #
2008019410 of the Official Public Records of Brazoria County, Texas
(B.C.O.P.R.).
Page 2 of 10
Ord. No 2000M-122
GENERAL LOCATION: Southeast corner of Province Village Drive and
Pearland Parkway, 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.
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-M and consistent with the approval herein
granted for the reclassification of the herein above described property
Page 3 of 10
Ord. No 2000M-122
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:
`"+11I,:,,'
•' NG L� ' �NG, T:' C =E.:::
' j'�
Y SE'r"ETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of October, 2014.
V <S---j
TOM REID
MAYOR
ATTEST: 0Q1R ,,i;-
•
UNG i� G M� 7.:
TY S ,•'ETAR
AP" • ED AS TAI FORM:
DA 'RIN M. COKER
CITY ATTORNEY
Page 4 of 10
Ord. No 2000M-122
Ordinance No. 2000M-122
Exhibit "A"
Revision
Province Village
Planned Unit Development
Amendment No.3
City of Pearland
City Council
Planning& Zoning Commission
September 2, 2014
Submitted on behalf of:
AS 121 Pearland Pkwy—Broadway Street, L.P.
C/O New Quest Properties, Mr. Stan Beard
8827 W. Sam Houston Pkwy. N.. Suite 200
Houston, TX 77040
Prepared by:
LJA Engineering, Inc.
2929 Briarpark Drive, Suite 600
Houston.Texas 77042-3 703
TABLE OF CONTENTS
Introduction 2
Site Description 2
Proposed Development 2
Description of Land 2
Purpose 2
Zoning and Land Use 3
Existing Zoning 3
Proposed Zoning 3
Standards and Land Uses 3
Land Use Summary 4
Design Standards 5
Building Architecture 5
Signage and Landscaping 5
Unified Development Code 6
Required Dedications 6
Phasing 6
Exhibits 6
1
I. INTRODUCTION
This Amendment #3 to Province Village Planned Unit Development ("Amendment") is
specifically limited to that certain tract of land consisting of approximately 1.707 acres
known as the Final Plat of Province Village Lot "A" Replat #1 attached hereto as Exhibit A
("Subject Tract"). Any and all other land within the Province Village Planned Unit
Development remains subject to the provisions, restrictions, and conditions set forth in the
original Province Village Planned Unit Development and as further amended by Amendment
#1 adopted in 2009 and Amendment #2 adopted in June of 2014. The purpose of this
Amendment is to 1) change the underlying zoning of the Subject Tract from Office
Professional to General Business, 2) to further limit allowable land uses to those specifically
described herein, 3) to impose certain building architectural, landscaping, and signage
restrictions and requirements to create an aesthetically appealing compliment to the existing
retail element to the north of the Subject Tract.
Unless expressly addressed herein, the Subject Tract shall remain subject to and comply with
all the requirements of the Unified Development Code of the City of Pearland. including the
Pearland Parkway Overlay District.
A. Site Description and Land Uses
The Subject Tract is bounded on the west by Pearland Parkway, on the north by
Province Village Drive, on the south by the Lowe's Home Center zoned General
Business, and on the east by vacant land which is part of the Province Village
PUD with an underlying zoning of Office Professional.
B. Description of the Proposed Development
The proposed use of the Subject Tract is an approximately 15,000 square foot
Class A mixed use commercial retail building. The architecture of the building
and the signage is designed to be aesthetically complimentary to the bank building
and signage on the north side of Province Village Drive. Landscaping on the
corner of Pearland Parkway and Province Village Drive will be upgraded to
provide a pleasing entry to the Province Village subdivision to the east.
C. Description of the Land
The Subject Tract is approximately 1.707 acres and is described on Exhibit A
attached hereto.
D. Purpose
The purpose of this Amendment is to revise the zoning of the Subject Tract from
2
Office Professional to General Business. Market conditions over the past 10
years, existing and new General Business uses surrounding the Subject Tract, and
a specific retail development proposed for the Subject Tract indicate favorable
conditions for the revisions to the zoning classification,
II. ZONING AND LAND USE
A. Existing Zoning
All properties within the PUD have underlying zoning classifications of Office
Professional, General Business, and R-4 Single Family Residential. The Subject Tract is
currently designated as Office Professional.
B. Proposed Zoning
The Subject Tract is proposed to be repurposed to General Business with further
limitations described herein.
C. Standards and Land Use Summary
Unless specifically defined herein, the Subject Tract will conform to the requirements of
the Unified Development Code for General Business uses and further limited to those
uses described below:
Accessory & Incidental Uses
Accessory Structure (Business or Industry)
Off-Street Parking Incidental to Residential Main Use
Off-Street Parking Incidental to Nonresidential Main Use
Social & Recreational Building, including homeowner's association
neighborhood recreation centers
Onsite Detention Facility
Office Uses
Clinic, Medical or Dental
Credit Agency
Financial Institution(No Motor Bank Services)
Financial Institution(With Motor Bank Services)
Financial Services (Advice/Invest)
Insurance Agency Offices
Office, Brokerage Services
Office, Legal Service
Office, Medical/Dental {Defined Under Medical Facilities}
Office, Professional and General Business (other than those
listed)
Office, Real Estate
3
Security Monitoring Company (No Outside Storage)
Travel Agency. Bureau or Consultant
Automatic Teller Machine (ATM)
Barber/Beauty Shop/Tanning Studios(No Related School/College)
Mailing Service (Private)
Pharmacy (Retail Only)
Seamstress or Dressmaker(Retail Only)
Retail & Business Service Uses
Antique Shop(No outside storage)
Art Supply Store
Bakery or Confectionery Shop(Retail Sales, Inside Service Only)
Book/Stationery Shop(Retail Only)
Camera Shop(Retail Only)
Copy/Printing Shop
Drapery/Blind Shop
Florist Shop (Retail Only)
Gift or Card Shop (Retail Only)
Handicraft& Ate. Object Sales Shop
Ice Cream/Yogurt Shop(For On-or Off-Site Consumption
Optical Shop
Paint. Wallpaper Shop(Retail Only)
Pharmacy/Drug Store (Retail Only)
Retail Shops, Apparel, Accessories. Gifts & Similar Goods (Other than those
listed: No outside Storage)
Restaurant
Fast Food—No Drive-Through Facility
Full Serve—No Drive-Through Facility
Furniture(including mattress) Sales
Jewelry Sales
Utility Related Service Uses
Satellite Dish (Private, less than 4' in diameter) {See Telecommunications Regs. Chapter
1 Art. 5 Div. 5 of the UDC}
Telephone Business Office
Commercial& Related Service Uses
Contractor's Temporary On-Site Construction Office (only with permit from B.O.)
D. Land Use Summary
The land use summary for the entire PUD assuming the proposed Amendment to the
Subject Tract is as follows:
4
Use Acres % of Total Zoning
Single Family 24.1 51% PUD (R-4)
General Business 6.71 14% PUD(GB)
Office Professional 4.98 10% PUD(OP)
Detention 8.59 18% PUD
Parkland by HOA 0.57 1% PUD
Collector Streets 2.70 6% PUD
Total 47.65 100%
III. DESIGN STANDARDS
A. Building Architecture
The building elevation has been designed to be aesthetically compatible with the bank
building to the north and shall adhere to Exhibit B, attached. Building materials and
percentages of each shall be in accordance with Exhibit B. Building articulation as
required by the UDC shall be required.
B. Signage and Landscaping
The signage has been designed to be aesthetically similar to the signage for the bank
building to the north and shall adhere to the design and specific dimensions defined
on Exhibit C, attached. The sign height shall not exceed 15 feet in height as defined
by the UDC and the overall width of the sign shall not exceed 18 feet. The overall
effective sign area (inclusive of all sign panels) shall not exceed 150 square feet.
Building signage shall adhere to UDC requirements.
Landscape design shall be, at a minimum, in strict accordance with the UDC
requirements. Additionally, the landscaping at the corner of Province Village Drive
and along Pearland Parkway will he upgraded to accentuate the entrance to Province
Village Drive and to aesthetically mimic the landscaping of the bank building to the
north. As an example, Pearland Parkway will have 1"caliper inch of tree per 14 feet
of frontage. Landscape design shall adhere to Exhibit D, attached.
C. Fencing and Screening
The original PUD specified the installation of"decorative wrought iron fence" along
the westerly border of the Subject Tract. No other wrought iron fence is installed.
including on the Bank Tract north of the Subject Property. To enhance the Subject
Tract's commonality with the Bank Tract, the decorative wrought iron fence is not
required. Additionally, a "6' height masonry screening wall" is required along the
southern boundary of the Subject Tract which abuts the existing Lowe's Home
Center, a General Business zoned tract. To enhance the Subject Tract's connectivity
with existing General Business use. the 6' height masonry screening wall" is not
5
required. Screening with landscape and green space in accordance with the UDC will
be required.
D. Unified Development Code
The Subject Tract shall conform to the provisions and requirements of the Unified
Development Code of the City of Pearland unless expressly addressed herein.
IV. REQUIRED DEDICATIONS
All required dedications of land have been made via the approved replat.
V. PHASING
The project has been pre-leased and will be completed within 9 months of building
permit receipt.
VI. EXHIBITS
Exhibit A: Description of Subject Tract
Exhibit B: Building Elevation
Exhibit C: Sign Elevation
Exhibit D: Landscape Plan
6
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I,) 6eneral Contractor to bring all are-as to final grade using a gradat-;le soil and/ or sand mix and
boxblade..
2.) Prepare all new planting beds by removing all rocks, concrete and CChl5tr1Jci, debri s. and till in ..?;"
of new acidic Mixed Soil and pre--emergant herbicide such a' Pennant or Eptarn at, the
recommended rates, then rake all bed areas smooth prior to planting. Install I/ a.. " green
steel landscarie edging only where specifically indicated on plan where new planting beds meet
turf, When end of edging butts up against paving, trim exposed corner at. 4S degree angle for
pedestrian saifetA.4.
5,) (rade all planting beds to edges of beds and away from buildings prior to planting for positive
drainage away from foundation( s)
'1.) Fertilize all new trees, shrubs and grotinolccivers with Osmocote ( Or copal) titre-release fertilizer
Mulch all new planting beds, and trees with a 2" ( avg.) layer of shredded hardwood topdress
mulch as from Letco or C...1M ioiI 5tipermarke„-t„,
Pouble. 5Lake all specified trees see plant list) with 2 ( 7 tall) painted metal -I-Posts,
rnulto raid coated steel wire and clear poly-vinul tubing. See
7.) Poot-5titnulate all new trees with Superthrive brand root-stint.ilator ( or equal) as per
manufacturer.s recommendations
8.) Plant sizes shown are the minimum acceptable, Plants will be in acted and measured for
conformance. Plants specified with container size only shall be of or better than locally accepted
nursery standards. Obviously undersized. misshapen, weak or inadeguately rooted plants will be
rejected. The Owner's., derision will be final in matters concerning plant size, condition and health.
Plants larger in size than specified may be used if approved bit the Landscape Architect, or the
Owner, but the use of larger plants will not asitornaticallq inr:rease the contract amount,
.4?,) Thoroughly handwate, all new plarrtinc.is immediately after planting and a soften as necessary after
planting, during duration of work and until they are established enough to relq only on irrigation.
10.) Fine grade all new turf areas ( by hand if necessarq) prior to Installation of grass. this is for a
nice smooth turf bed as well as for normal drainage purposes.
II.) Solid sod to be 99 percent pure liffwaA .411e 13ermudagras,s.-. ..".F.)od to be rolled immediatelu after
wetting and Installation. Hudromulch to be Common Perrnitolagrass : 2 It.7s. hulled seed per
10(X) s.f„ green fiber and fertilizer mix / slurry. 1--iydrornulch all constructer disturbed areas
within property lines that do not get solicl sod.
12.) Landscape contractor is responsible for keeping jobstte neat, clean and safe at. all times In
reference to their landscape work. Excess excavated soil, accumulations of landscape related
trash, plant containers etc. to be removed from jobsite bt.4 Landscape Contractor dada and at the
end of the project.
1- .) The Owner, Landscape Architect and general Contractor reserve the right, to inspect the
progress of the project and any or all of the materials and procedures used at anti time 5uch
materials and procedures will be subject to approval or rejection at, that time and promptlu
folic:wed up in writing to all concerned parties.
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Ordinance No. 2000M-122
Exhibit "B"
Exhibit B
Legal Description
Being 1.707 acres of land located in the Thomas J. Green Survey, Abstract 198,
Brazoria County, Texas, more particularly being all of Lot A and a portion of Lot B,
Block 1 of Amending Plat No. 1, Province Village Drive, Office Park and Reserves, a
subdivision of record under Doc # 2008019410 of the Official Public Records of
Brazoria County, Texas (B.C.O.P.R.).
Page 6 of 10
Ord. No 2000M-122
Ordinance No. 2000M-122
Exhibit "C"
Exhibit C
Vicinity and Zoning Map
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Page 7 of 10
Ord. No 2000M-122
Exhibit D
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: 2014-15Z
Notice is hereby given that on September 15 2014 at 6:30 pr ..
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 LJA Engineering.
applicant on behalf of A S 121 Pearland Parkway-Broadway Street. L.R.
owner; on approximately 1 .707 acres of land, to wit:
Being 1.707 acres of land located in the Thomas1 Green Survey,
Abstract 198, Brazoria County, Texas, more particularly being all
of Lot A and a portion of Lot B, Block 1 of Amending Plat No. 1,
Province Village Drive. Office Park and Reserves, a subdivision of
record under Doc # 2008019410 of the Official Public Records of
Brazoria County,Texas (B.C.O.P,R.).
General Location: Southeast corner of Provrice Village Drive and
Pearland Parkway
At said hearing all interested parties shall have the right and opportunity
to appear and to heard on the subject. For additional information.
please contact the Planning Department at 281-652-1765
Johniia Matthews
City Planner
Page 8 of 10
Ord. No 2000M-122
Ordinance No. 2000M-122
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.
Representative
•aublishers
Sworn to and subscribed before me this 54 day of �� p/1F` X2014.
L/°�--
Notary Public G
My commission expires on I ,r �_ MARILYNZARATE
S*pigf r7,2014
.R
Ordinance No. 2000M-122
Exhibit "E"
Exhibit E
Planning and Zoning Commission Recommendation Letter
SAS'
AN "
x s
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. 2014-16Z, Province Village
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 1.707 acres of land located in the Thomas J. Green
Survey, Abstract 198, Brazoria County, Texas, more particularly being all of Lot A
and a portion of Lot B, Block 1 of Amending Plat No. 1, Province Village Drive,
Office Park and Reserves, a subdivision of record under Doc # 2008019410 of
the Official Public Records of Brazoria County, Texas (B.C.O.P.R.).
General Location: Southeast corner of Province Village Drive and Pearland
Parkway, Pearland, Texas
Commissioner Linda Cowles made a motion to approve the zone change request,
known as Province Village PD, to amend the overlay zoning district and design
standards for 1.707 acres located at the southeast corner of Province Village Drive and
Pearland Parkway; with conditions. The motion was seconded by Commissioner Daniel
Tunstall. The motion passed 6/0.
Page 9 of 10
Ord. No 2000M-122
The following conditions must be addressed prior to the First Reading of the Ordinance
before City Council:
1. A note to be added in the PD that the development will be in compliance with all
Corridor Overlay District (COD) standards along Pearland Parkway, including
street trees, ornamental trees, etc. All standards along Province Village Drive
shall follow the GB zoning district, unless included within the PD as a variation.
2. The PD indicates compliance with the sign regulations of the Unified
Development Code; however the sign exhibit included within the PD does not
comply, as it relates to the effective area of the sign. The exhibit requires
modification or removal.
Sincerely,
Johnna Matthews
City Planner
On behalf of the Planning and Zoning Commission
Page 10 of 10
Ord. No 2000M-122