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First Reading of Ordinance No. 2000M-207 AIR-20-456

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First Reading of Ordinance No. 2000M-207 AIR-20-456 AIR-20-456 AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS AGENDA OF: City Council Regular Meeting - Dec 07 2020 DATE SUBMITTED: 04 Nov 2020 DEPT. OF ORIGIN: Community Development PREPARED BY: Mohamed Bireima SUBJECT: Consideration and Possible Action – First Reading of Ordinance No. 2000M-207 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M-207, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property, being a tract of land containing 9.28 Acres, being a portion of Lots 37 & 38, Block 80, Allison-Richey Gulf Coast Home Company as recorded in Volume 2, Page 98 of the Brazoria County Plat Records, being a portion of a tract recorded in the name of Trinity Presbytery of the Cumberland Presbyterian Church as recorded under Brazoria County Clerk’s File No. 2004025666 of the Official Records of Brazoria County, Texas. (11900 block of Broadway Street). Zone Change Application No. ZONE 20-00004, a request by Oanh Nguyen, Windrose Land Service, applicant, on behalf of Ryan Seeley, NAI Partners, representing Ble Dodd Investments, owner, for approval of amendments to the Southern Trails Planned Development District, a master plan district residentialofcompriseda singledevelopment-family and three non -residential restaurantoutparcels,usesallowto drive- servicethru 285feet ofwith within Broadway Street, on approximately 9.28 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. ATTACHMENTS: ZONE 20-00004 - Ordinance 2000M-207 - Draft Exhibit E - Southern Trail PD Regulations Amendment No. 4 JPH packet FUNDING: Grant Developer/Other Cash G.O. Bonds To Be Sold G.O. Bonds - Sold Rev. Bonds to Be Sold Rev. Bonds - Sold C.O.'s To Be Sold C.O.'s - Sold . EXECUTIVE SUMMARY BACKGROUND A Joint Public Hearing was held on this item on Monday, November 16, 2020. This is a request for approval of an amendment to the Southern Trails Planned Development District (PD), a master-planned single-family residential community, including three non-residential out-parcels, to allow restaurant uses with drive-thru service within 285 feet of Broadway Street on approximately 9.28 acres of land located at the southwest corner of Broadway Street and Shadow Creek High School Road. The 9.28-acres property is the remaining undeveloped portion of the 522.8-acre Southern Trails Planned Development District that was established in 2004 with the adoption of Ordinance No. 509-695. The PD District regulations have been amended three (3) times in the past as reflected in the following timeline: • Amendment (1): The PD regulations were amended in 2005 to reflect revisions to the Trails Systems Plan. • Amendment (2): The PD was amended with the passage of Ordinance No. 2000M-154 in 2017 requiring approval of a Conditional Use Permit for certain land uses within all existing Planned Developments in the City. • Amendment (3): The PD regulations were amended in February 2020 to reflect a zoning change for a 9.28-acre located at the southwest corner of Broadway Street and Shadow Creek High School Road from Church/Institutional to General Business (GB) District with modified land uses and regulations. Current Request: With the approval of Amendment No. 3, the owner of the 9.28-acre tract envisioned to develop the property in two phases, including the construction of an approximately 33,000 square feet gymnastics and tumbling facility located at the southern portion of the tract in the first phase and the future development of office, retail, and commercial uses along the frontage of the property in the second phase. The purpose of this amendment is to expand the list of approved uses to include Restaurant uses with Drive-Thru service for the out-parcels of the proposed gymnastics facility, roughly 440 feet by 285 feet BroadwayexcludedStreet,whichwerefromallowable previouslistusesofalongthein the amendment (Amendment No. 3). The amendment is specific to this property and would not open up the additional use to other tracts of land zoned for General Business. The applicant has noted changes in the retail market since Amendment No. 3 was approved and the addition of Restaurant uses with Drive-Thru services would be necessary to ensure viability of restaurants forced to limit dine-in options due to the ongoing global pandemic. Unified Development Code established the followingThe seven (7) criteria of approval for Planned Development Districts: 1. The extent to which the land covered by the proposed PD district fits one or more of the special circumstances in Section 2.2.2.1(b) warranting a PD district classification. 2. The extent to which the proposed PD district furthers the policies of the City’s adopted Comprehensive Plan (as amended) and other formally adopted City planning documents, such as the Parks Plan. 3. The extent to which the proposed PD district will result in a superior development than could not be achieved through conventional zoning classifications. Not Applicable 4. The extent to which the proposed PD district will resolve or mitigate any compatibility issues with surrounding development. 5. The extent to which proposed uses and the configuration of uses depicted in the Design Plan are compatible with existing and planned adjoining uses; 6. The extent to which the proposed development is consistent with adopted public facilities plans, including those related to water, wastewater, transportation, drainage and other public facilities; and 7. The extent to which the proposed open space and recreational amenities within the development provide a superior living environment and enhanced recreational opportunities for residents of the district and for the public generally. Staff Recommendation from the JPH Based on the applicant's statement and the limitation of the proposed use to the gymnastics facility outparcel, staff finds the proposed amendment is very limited in nature and scope and may not pose a detrimental effect to the project or the surrounding development. Staff recommends approval of the requested amendment to allow Restaurant uses with Drive-Thru Services for the outparcel of the proposed gymnastics facility. Public Notification A notice of the public hearing was published in the local newspaper as required. In addition, staff sent a notice of the public hearing with a vicinity map to the applicant, the owner of the property, and to property owners within 200 feet of the subject property under consideration for the zone change, and a zoning change sign was posted on the subject property by the applicant. Opposition to or Support of Proposed Request: The applicant has indicated that they have had a meeting with the residents of the Southern Trails subdivision regarding the project, and they didn’t receive any negative feedback from the attendees. Staff has not received any public comments in support or opposition of the proposed zone change request at the time of writing this report. SCOPE OF CONTRACT/AGREEMENT BID AND AWARD SCHEDULE POLICY/GOAL CONSIDERATION CURRENT AND FUTURE CIP FUNDING/FINANCIAL IMPACTS/DEBT SERVICE O&M IMPACT INFORMATION Recommended Action P&Z Recommendation: The Planning and Zoning Commission discussed the planned development amendment request at their regular meeting on November 16, 2020. Vice-Chairperson Fuertes commented on the driveway agreement between the subject property and Alvin ISD. After the brief discussion, the Commission voted 6-0 to recommend approval of the PD amendment. This action represents a positive recommendation to City Council. Ordinance No. 2000M-207 An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M-207, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property, being A tract of land containing 9.28 Acres, being a portion of Lots 37 & 38, Block 80, Allison-Richey Gulf Coast Home Company as recorded in Volume 2, Page 98 of the Brazoria County Plat Records, being a portion of a tract recorded in the name of Trinity Presbytery of the Cumberland Presbyterian Church as recorded under Brazoria County Clerk’s File No. 2004025666 of the Official Records of Brazoria County, Texas. (11900 block of Broadway Street). Zone Change Application No. ZONE 20-00004, a request by Oanh Nguyen, Windrose Land Service, applicant, on behalf of Ryan Seeley, NAI Partners, representing Ble Dodd Investments, owner, for approval of amendments to the Southern Trails Planned Development District, a master plan district comprised of a single-family residential development and three non- residential outparcels, to allow restaurant uses with drive-thru service within 285 feet of Broadway Street, on approximately 9.28 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, Ryan Seeley, NAI Partners, representing Ble Dodd Investments, owner; is requesting approval of a Planned Development Amendment to the Southern Trails Planned Development District, a single-family residential development and three non-residential outparcels, on approximately 9.28 acres of land on the following described property; 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 16th day of November 2020, 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.
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