The City Commission approved the annexation of 248 acres into Galveston County Mud 66 by metes and bounds legal description attached thereto by Resolution 05-130 adopted on 11/2/2005. At that same meeting, the City Commission also approved by Resolution 05-131 a Memorandum of Understanding 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 8/15/2007 by Resolution 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 3.01 of the Development Agreement required the Developer to pay a Municipal Facilities fee of $500 per lot to the City on or before the recordation of the final plat of such lots for the construction of the municipal use facilities to be constructed to serve the area of the City in which the Property is located. Article 4.01 required the Developer to develop or cause any undeveloped Property to be developed in accordance with the latest General Plan approved by the City; and, Article 4.02 required the Project to be developed as a Planned Unit Development (PUD) in accordance with the Zoning Code, and that such PUD should include but not be limited to (1) proposed land uses; (2) maximum number of housing units; (3) number of lots; (4) sizes of the lots; (5) housing types; (6) prospective commercial uses; (7) street and circulation system/arterial plan; (8) development schedule; (9) request for variance to the development code; (10) typical street cross-section with proposed landscaping standards; (11) bulk head material; (12) estimated construction value of housing by lot size; (13) proposed amenities plan; (14) utility (water and sewer) plant and sites and truck lane locations; (15) storm water plan; (16) Municipal Utility District boundaries; (17) any likely alternative development scenario; (18) if a municipal services site is dedicated, it must be shown in the PUD Conceptual Plan. Article 6.03 made the development agreement binding as to successors and assigns of the Developer.
Through the approved MOU and Development Agreement, the entire PUD/Special District (MUD 66) project which includes the area which has been developed as the Vida Costera Subdivision is required to have the amenities, sidewalks, connectivity package per Exhibit A attached hereto as presented and represented to the City for the approval that was granted and allowed the project to move forward. The Master Plan presented by Hwy 66 Partners and believed to have been approved by the City as its General Plan is attached as Exhibit B. The Pearlbrook Subdivision was developed in accordance with this approved General Plan. The Hwy 66 Partners general plan as presented to the City Commission also showed the development of 225 lots, typical 60ft by 115ft in the area which has been developed as the Vida Costera Subdivsion.
Applicant, KBHomes, is a successor to Developer Hwy 66 Partners and therefore bound by the Development Agreement. KB Homes is the developer of Vida Costera Subdivision, a subdivision 49.89 acres out of the S.A. & M.G.R.R. Survey, A-189 and John Sellers Survey, A-180, Texas City, Galveston County, TX), being 204 lots of typical width 50ft, in five blocks with 13 reserves totaling 9.7acres, all of which is situated wholly within the 248 acres annexed into MUD 66 and subject to the conditions of the MOU and Development Agreement which required the development of the property as a PUD.
Although 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 DID NOT include the area which has been developed as the Vida Costera Subdivision.
In October 2020, Developer KBHomes presented a revised Master Plan, Exhibit C, and Open Space Plan, Exhibit D, which was approved by the Planning Board on November 2, 2020. The 53.1544-acre Master Plan included a 3-acre future commercial tract at the northeast corner, which is not owned or controlled by Developer, KBHomes. Developer proceeded with preliminary and final platting in accordance with said approved Master Plan and Open Space and Amenities Plan. However, no record has been found that the area was ever rezoned from District A Single Family Residential to District I – Planned Unit Development.
Developer KBHomes is nearing completion of construction of the infrastructure for Section 1 in accordance with approved plans and specifications and desires to finalize the formation and permanent rezoning from District A Single Family Residential to District I – Planned Unit Development as required by the Development Agreement. |
The Planning Board consider the PUD Application and request for rezoning at its regular meeting on March 18, 2024, and voted (4-0) to recommend approval of the PUD Application (2024 Plan).
The Zoning Commission held a public hearing upon notice to over 200 adjacent properties and received no comments in opposition to the requested rezoning. The Zoning Commission voted (4-0) to recommend approval of the rezoning from District A Single Family Residential to District I - Planned Unit Development.
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The February 20, 2024, PUD Application (2024 Plan) varies from the General Plan approved by the Planning Board in October 2020 because it proposes to develop only 50x120ft lots instead of 60x115ft, but otherwise complies with approved General Plan regarding amenities, sidewalks, and connectivity package. The 2024 Plan is consistent with the preliminary plats previously approved for Sections 1 and 2, and the final plat approved for Section 1.
The Planning Board received this PUD Application in an unusual posture because the subdivision is already well into development. The PUD Application and attendant re-zoning are intended to complete the processes established by Texas City Ordinances and fulfill the requirements of the MOU and Development Agreement which are attached to the property being developed.
The PUD Application includes an updated Development Schedule, District E ,which reconciles previous approvals and the Developer’s most current intentions regarding development and buildout of the subdivision.
Developer has responded to all comments and Staff offer no object to approval of the PUD Application and recommendation for re-zoning of the subject property from District A – Single Family Residential to District I – Planned Unit Development.
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