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Ord. 2000M-264 2024-12-09 Ordinance No. 2000M-264 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 property; being all properties within the LNR Clear Creek Spectrum Planned Development Zoning District adopted by Ord. 509-718, Ord. 2000M-185, Ord. 2000M-231, Ord. 2000M- 246, and Ord. 2000M-247 (generally located east and west of Kirby Drive, north of Fruge Road, south of Sam Houston Parkway and within the following plats: Endress+Hauser GC Regional Center Amending Plat No. 1, Lower Kirby Logistics Park, Tool Flo Business Park, Urban Spectrum Replat No. 1, Amerlux, MHI Amending Plat, and Project Heartbeat Campus Phase 2, PL2 Building Parking Extension, RePlat PL2 Building Parking Extension 2.). Zone Change Application No. ZONE 24-17, a request by Millar Development, LLC., applicant and owner of an approximately 4.9176-acre tract of land at 11950 N. Spectrum, for approval of an amendment to the required side setback for all corner lots in the LNR Clear Creek Spectrum Planned Development Zoning District; 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, Millar Development, LLC., applicant and owner of an approximately 4.9176-acre tract of land at 11950 N. Spectru m, is requesting approval of an amendment to the required side setback for all corner lots in the LNR Clear Creek Spectrum Planned Development Zoning District; said property being legally described in the legal description attached hereto and made a part hereof for all purposes as Exhibit “A,” and more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit “B”; and WHEREAS, on the 4th day of November, 2024, a public hearing was held before the Planning and Zoning Commission of the City of Pearland, Texas, notice being given by online publication on the City website, a copy of which 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 Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Page 2 of 9 Ord. No. 2000M-264 WHEREAS, the Planning and Zoning commission having fully heard the testimony and argument of all interested parties, and having been fully advertised in the premises, submitted its report and recommendation to the City Council regarding approval of an amendment to the required side setback for all corner lots in the LNR Clear Creek Spectrum Planned Development Zoning District , said recommendation attached hereto and made a part hereof for all purposes as Exhibit “D”; and WHEREA S, 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 their regular meeting on the 4th day of November, 2024; and WHEREAS, on the 18th day of November, 2024, 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 for approval of an amendment to the required side setback for all corner lots in the LNR Clear Creek Spectrum Planned Development Zoning District attached hereto and made a part hereof for all purposes as Exhibit “E”, 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 being located within the LNR Clear Creek Spectrum Planned Development Zoning District , is hereby granted approval for amendments, in accordance with all conditions and requirements of the current Unified Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Page 3 of 9 Ord. No. 2000M-264 Development Code and the amendments approved by the City Council; and such property being more particularly described as: Legal Description: All properties within the LNR Clear Creek Spectrum Planned Development Zoning District adopted by Ord. 509 -718, Ord. 2000M-185, Ord. 2000M-231, Ord. 2000M-246, and Ord. 2000M-247. General Location: LNR Clear Creek Planned Development is generally located east and west of Kirby Drive, north of Fruge Road, south of Sam Houston Parkway and within the following plats: Endress+Hauser GC Regional Center Amending Plat No. 1, Lower Kirby Logistics Park, Tool Flo Business Park, Urban Spectrum Replat No. 1, Amerlux, MHI Amending Plat, and Project Heartbeat Campus Phase 2, PL2 Building Parking Extension, RePlat PL2 Building Parking Extension 2. 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 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 Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Page 4 of 9 Ord. No. 2000M-264 under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 18th day of November 2024. ________________________ J.KEVIN COLE MAYOR ATTEST: __________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 9th day of December 2024. ________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _____________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Page 5 of 9 Ord. No. 2000M-264 Exhibit “A” Legal Description All properties within the LNR Clear Creek Spectrum Planned Development Zoning District adopted by Ord. 509-718, Ord. 2000M-185, Ord. 2000M-231, Ord. 2000M-246, and Ord. 2000M-247. Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Page 6 of 9 Ord. No. 2000M-264 Exhibit “B” Vicinity Map Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Page 7 of 9 Ord. No. 2000M-264 Exhibit “C” Legal Advertisement Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Page 8 of 9 Ord. No. 2000M-264 Exhibit D Planning and Zoning Commission Recommendation Letter Recommendation Letter November 5, 2024 Honorable Mayor and City Council Members 3519 Liberty Drive Re: Recommendation on Zone Change Application No. ZONE 24-17 Honorable Mayor and City Council Members: At their regular meeting on November 4, 2024, the Planning and Zoning Commission considered the following request: Public Hearing: A request by Millar Development, LLC., applicant and owner of an approximately 4.9176-acre tract of land at 11950 N. Spectrum, for approval of an amendment to the required side setback for all corner lots in the LNR Clear Creek Spectrum Planned Development Zoning District, to wit: Legal Description: All properties within the LNR Clear Creek Spectrum Planned Development Zoning District adopted by Ord. 509 -718, Ord. 2000M-185, Ord. 2000M- 231, Ord. 2000M-246, and Ord. 2000M-247. General Location: LNR Clear Creek Planned Development is generally locate d east and west of Kirby Drive, north of Fruge Road, south of Sam Houston Parkway and within the following plats: Endress+Hauser GC Regional Center Amending Plat No. 1, Lower Kirby Logistics Park, Tool Flo Business Park, Urban Spectrum Replat No. 1, Amerlu x, MHI Amending Plat, and Project Heartbeat Campus Phase 2, PL2 Building Parking Extension, RePlat PL2 Building Parking Extension 2. The Planning and Zoning Commission conducted a public hearing for the proposed PD amendment at their regular meeting on November 4, 2024. The property owner was present at the meeting and discussed the proposed request. There was no comment from the public. The commission and staff discussed the required landscape easement/setback, which roadways the reduction applies to, compatibility of the proposed amendment with future development, and whether the proposed reduction would impact sight visibility at intersections. Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Page 9 of 9 Ord. No. 2000M-264 After discussion, the Commission took a motion to recommend approval of the requested PD amendment,and the motion passed by a vote of 6-1 with Commissioner Haskins voting against. Commissioner Haskins was supportive of a reduction to the building setback but noted that the landscape easement/setback is a requirement of the PD, which should be respected. The vote by the Commission constitutes a positive recommendation for approval by City Council. Sincerely, Martin Griggs, AICP, CNU-A Deputy Director, Community Development On behalf of the Planning and Zoning Commission Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Exhibit E Planned Development Amendment a. Introduction This amendment pertains to the original LNR planned development consisting of approximately 146.4 acres and the five addendums that provided for 51.71 additional acres of land generally located south of Beltway 8 along Kirby Drive. This request is to provide amendments for corner lot setbacks. The LNR PUD was approved in June 2004 under ordinance 509-718. There have been five amendments since its original approval. The First in January 2017 under 2000M -154 which amended certain uses to assure consistency of applied regulations across the city. The Second in June 2019 under ordinance 2000M-185 for the annexation of 19.5 acres into the PD. The Third in August 2022, under ordinance 2000M-231 for the annexation of 8.834 acres into the PD. The Fourth in February 2023, under ordinance 2000M-246 for the annexation of 16.92 acres into the PD. The Fifth in April 2023, under ordinance 2000M-247 for the annexation of 6.4566 acres into the PD. The addition of the property will bring the total area of LNR PUD to approximately 198.11 acres. This amendment would affect the base PD which those addendums are based from and would carry forward those regulations. Description of the subject property The original LNR PUD was approximately 146.4 acres located south of Beltway 8 along Kirby Drive. The PUD has been developed with several large facilities including; Lonza Biologics Inc., Mitsubishi Heavy Industries Compressor International Corporation, C.S.I. Cardiovascular Systems Inc., ToolFlo, Rex Supply , Endress Hauser, and Millar. Description of proposed development No change in desired outcome for proposed development. Describe the area The proposed amendment is to apply to the entire LNR PUD, which is generally located east and west of Kirby Drive, north of Fruge Road, and south of Sam Houston Parkway. Purpose statement The purpose of this amendment is to change the required setback for corner lot properties that are along roadways not named within the PD. The amendment will not change the setbacks along Kirby Drive, Spectrum Boulevard, and the Beltway. Comprehensive Plan The amendment is consistent with the Pearland2040 comprehensive plan and goals of the Professional Services & Industrial place type and the Manufacturing & Warehouse place type in the Future Land Use Plan. Applicability The applicability analysis from the original PD remains valid and unchanged. B. Zoning and Land Use Zoning No changes to the existing zoning within the LNR PD. General standards The development will adhere to the standards of the LNR PD, except for the proposed amendment to the corner lot setback. Permitted, conditional, and accessory uses authorized in the district No change in permitted, conditional, or accessory uses. C. Design Standards Signage, landscaping, fencing, parking, screening, trees, etc. No changes from the original PUD. List the deviations from the standards of the base zoning district 1. The required building setback for corner lot properties that are along roadways not named within the PD shall be 20 feet. Along Collector Streets, buildings shall be allowed to encroach 5 feet into the required 25-foot landscape easement/setback required by the PD. The building encroachment within the required landscape easement/setback shall not reduce any required landscaping (trees, shrubs) along the frontage. Required dedications of land or public improvements No changes proposed by this request. Phasing schedule No phasing schedule is proposed. Exhibits No additional exhibits.