Consider and take action on the Affirmation of Planned Development District for the vacant and undeveloped parcels of the Hwy 66 Partners PUD established by Ordinance 09-27 and located at the southwest quadrant of the intersection of Emmett F Lowry and S. H. 3

The City Commission receives this PUD Affirmation in an unusual posture because the site has already been rezoned and a good part of the mixed-use subdivision has already been developed. This action refers to the area commonly referred to the Mainland Medical Center at the southwest quadrant of the intersection of Emmett F. Lowry Expressway and SH 3, near the HCA Hospital.  There is no question that a General Plan existed, was approved by the City and has been the basis for the development to date. Unfortunately, a copy of the Planned Development District cannot be located at this time. A document is needed to support the further development of the site consistent with the original intent and approved plan. 

The City Commission approved the annexation of 248 acres into Galveston County Mud 66 by Metes and Bounds legal description attached thereto by Resolution No. 05-130 adopted on 11/02/2005. At that same meeting the City Commission also approved by Resolution No. 05-131, a Memorandum of Understanding (MOU) for the development of the 248 acres which included among other conditions the creation of a Planned Unit Development (PUD) governing the development of the Property.  

Approximately two years later, on 08/15/2007 by Resolution No. 2007-101, the City Commission approved the execution of a Development Agreement with Highway 66 Partners in connection with the development of the 248 acres annexed into MUD 66 plus additional properties added subsequent thereto which made the total 310 acres. Article 4.02 required the Project to be developed as a Planned Unit Development (PUD) in accordance with the Zoning Code. 

Through the approved MOU and Development Agreement, the entire PUD/Special District (MUD 66) project which includes the area which is commonly referred to as the Mainland Medical Center is required to have the amenities, sidewalks, connectivity package as presented and represented to the City at the time the project moved forward as part of a General Plan. The Costa Mariposa apartments, the VCA Mainland Animal Hospital, Quest Diagnostics, the Shoal Assisted Living Facility, and the Pearlbrook Subdivision were all developed in accordance with this approved General Plan. 

Ordinance No. 09-27 permanently rezoned a portion of the acreage annexed into MUD 66 from District “A” (Single Family Residential) to District “I” (Planned Unit Development). The legal description attached to the ordinance included all of the area which have been developed by HWY 66 Partners and or Newcor Medical Partners, to date and generally referred to as the Mainland Medical Center. However, no copy of the Planned Development District was attached to the ordinance and no copy has been located in the City’s records or by the Developer. To facilitate the continued development of the area in accordance with the intent of the General Plan, the proposed Affirmation of Planned Unit District (PUD) is presented to memorialize the mutual understanding of the intended parameters for development of the area. 

The Affirmation identifies the uses or combination of uses which may be planned, developed or operated as integral land use units on the property as part of the previously approved Planned Development District. The Affirmation as presented is consistent with the existing development and all of the information available to confirm the concept and intent of the original plan as presented to and approved by the City Commission. Developer has responded to all comments and staff offer no objection to approval of the PUD Affirmation.  The Planning Board approved the Affirmation of Planned Development District for the Hwy 66 PUD at its regular meeting on August 4, 2025.