Ord. 2000M-0106 2013-07-22 ORDINANCE NO. 2000M-106
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, LOCATION BEING A
19.4462 ACRE TRACT OF LAND LOCATED IN THE H.T.&B.R.R. CO. SURVEY,
SECTION 1, ABSTRACT NO. 233 AND THE D.H.H. HUNTER SURVEY,
ABSTRACT NO. 76, BRAZORIA COUNTY, TEXAS, BEING A PART OF LOT 42,
ZYCHLINSKI SUBDIVISION, A MAP OR PLAT OF WHICH IS RECORDED IN
VOLUME 29 ON PAGE 43, AND THE REMAINDER OF LOT 4, WALCOTTS
PEARLAND SUBDIVISION, A MAP OR PLAT OF WHICH IS RECORDED IN
VOLUME 35 ON PAGE 241, ALSO BEING ALL OR PART OF THE CERTAIN
11.291 ACRE TRACT AND 58.723 ACRE TRACT CONVEYED BY THE
ESTATE OF ANTEN HALIK TO A. GUY CROUCH, JR. PER DEED DATED
DECEMBER 15, 1972 AND RECORDED IN VOLUME 1143 O N PAGE 854, ALL
REFERENCED DEEDS AND MAPS ARE RECORDED IN THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS. (LOCATED WEST OF OLD
ALVIN RD APPROXIMATELY 500 FEET SOUTH OF MCHARD RD.) ZONE
CHANGE 2013-11Z, A REQUEST OF CHRIS LYNCH OF GEHAN HOMES, LP,
APPLICANT, ON BEHALF OF T & B ALEXANDER FAMILY LTD.
PARTNERSHIP, OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE
GENERAL COMMERCIAL (GC) ZONE TO THE SINGLE FAMILY RESIDENTIAL
(R-1) ZONE, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Chris Lynch of Gehan Homes, LP, applicant, on behalf of T & B
Alexander Family Ltd. Partnership, owner, filed an application for amendment to
Ordinance No. 2000M, the Zoning Map of the City, for approval of a change in the
zoning district from General Commercial (GC) to Single Family (R-1); said property
being legally described in the original applications for amendment 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 17th day of June, 2013, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
ORDINANCE NO. 2000M-106
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. 2000T; and
WHEREAS, on the 17t" day of June, 2013, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed zone change application of Chris Lynch of Gehan Homes, LP, applicant, on
behalf of T & B Alexander Family Ltd. Partnership, owner, whereby the Commission
recommended approval of the change of classification for the described property from
its existing classification of General Commercial (GC) to Single Family (R-1), said
recommendation attached hereto and made a part hereof for all purposes as Exhibit
"D"; 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 meeting(s) on the 8th day of July, 2013 and;
22nd day of July 2013; 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 Chris Lynch of Gehan Homes, LP, applicant, on behalf of T & B
Alexander Family Ltd. Partnership, owner, 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:
Page 2 of 5
Ord. No 2000M-106
ORDINANCE NO. 2000M-106
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently classified as General Business
(GB) to General Commercial (GC), 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 A 19.4462 ACRE TRACT OF LAND LOCATED
IN THE H.T.&B.R.R. CO. SURVEY, SECTION 1, ABSTRACT NO. 233 AND THE
D.H.H. HUNTER SURVEY, ABSTRACT NO. 76, BRAZORIA COUNTY, TEXAS,
BEING A PART OF LOT 42, ZYCHLINSKI SUBDIVISION, A MAP OR PLAT OF
WHICH IS RECORDED IN VOLUME 29 ON PAGE 43, AND THE REMAINDER
OF LOT 4, WALCOTTS PEARLAND SUBDIVISION, A MAP OR PLAT OF
WHICH IS RECORDED IN VOLUME 35 ON PAGE 241, ALSO BEING ALL OR
PART OF THE CERTAIN 11.291 ACRE TRACT AND 58.723 ACRE TRACT
CONVEYED BY THE ESTATE OF ANTEN HALIK TO A. GUY CROUCH, JR.
PER DEED DATED DECEMBER 15, 1972 AND RECORDED IN VOLUME 1143
O N PAGE 854, ALL REFERENCED DEEDS AND MAPS ARE RECORDED IN
THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS.
GENERAL LOCATION: WEST OF OLD ALVIN RD APPROXIMATELY 500
FEET SOUTH OF MCHARD RD., PEARLAND, TX
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.
Page 3 of 5
Ord. No 2000M-106
ORDINANCE NO. 2000M-106
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-T and consistent with the approval herein
granted for the reclassification of the herein above described property.
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 8th day of July,
2013.
�rir rc�
TOM REID
MAYOR
ATTEST:
I agora ':V,*
/►UNG1 ING/ R►, C _
Y S RETARY _--
Page 4 of 5
Ord. No 2000M-106
ORDINANCE NO. 2000M-106
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd
day of July, 2013.
f�t-d
TOM REID
MAYOR
ATTEST:
v Y SE' RETAR R '��
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 5
Ord. No 2000M-106
Ordinance No.
2000M-106 Exhibit A
ZONE CHANGE APPLICATION Page 1 of 4 Updated October 2012
City of Pearland
APPLICATION FOR Community Development
1'L"% ' ez fi; A CHANGE IN ZONING Pear aond.Texas 77581
•
281-652-1768
�$ (TO 281-652-1702 fax
wwW.cityofpearland.corn
Current Zoning District: (3 C_ - G e,•'er 4> / ;u
Proposed Zoning District: R ` ,7),4
Property Information: /�
Address or General Location of Property: 1(7,4 Acre -- dp o/j/ ), I Rd,
Ort. of 0 • ,c) e 4 , .
Tax Account No. R-c,Aa47 -Lb ' /5620;6 { /62:57 ,
Pte L.-/
Subdivision: U)nfr.../} s �Rr�/,..,,� 5.,1„1.. <,�� Lot: -x,,.�e--G•f"t.•f 4 Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION:
NAME 7`£6 /)1tx,.,.4,-- 12,4,I La. epi,o-sl. a NAME Gekat.� Ctr�mP4 1 7
ADDRESS ,24 it S S . P� r>✓ ADDRESS 3P/7S (.a,/ f ma x,: 5 Ii 7`j
CITY rPnr�GL,rI STATE %X ZIP 775"R/ CITY A„..51- n STATE 7)( ZIP 7a7.,-,&
PHONE( 2-r 9 f ) C S ._ 24 5 PHONE(5/,.2 ) 33 /3 % )C HI 0
FAX( ) FAX(
E-MAIL ADDRESS 7/0/ye, ci E-MAIL ADDRESS C� y^�^ °L Setwk tAo x C,o+ n.
'Property owner must be the current owner of the property at the time of submittal of the application, and not the party
that has the property under contract.
As owner and applicant, I hereby request approval of the above described request as provided for
by the Unified Development Code of the City of Pearland.
Owner's Signature: %/� Date: ..j-41/4
.41Onc47inef
Agent's/Applicant's�-s--
Signature: Date: 5J/o I t3
OFFICE USE ONLY: �� ?,
PAID:9 ' ' PADS d )'J BY:CEIVED� NUMBER: ✓�G�
Application No. 2015- I
Harold Ellis
City Planner
City of Pearland
3519 Liberty Drive
Pearland TX 77581
RE: Authorization to file applications
Mr. Ellis:
I hereby assign Gehan Homes as agent on behalf of T&B Alexander Family Limited
Partnership for the sole purpose of representing T&B Alexander Family Limited
Partnership in its zoning and cluster plan applications for approximately 19.4 acres on
Old Alvin Road. This representation as agent is only for this transaction and would not
be for any other use. This authorization as agent does not include the power to bind T&B
Alexander Family Limited Partnership to any liability or payment obligation.
Please contact me if you have any questions.
Sincerely.
424, ,-00/25
Thomas P. Alexander, r. Date
Managing Partner
T&B Alexander Family Limited Partnership
2411 S. Park
Pearland TX 77581
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12811 485-2456 P• c
5o -- O419 30
WARRANTY DEED
Date: December 18, 1996
Grantors: Thomas P Alexander and Bettye M. Alexander
Grantors' Mailing Address (including county):
2411 South Park
Pearland, Brazoria County,Texas 77581
Grantee: T & B. Alexander Family Ltd Partnership,
a limited partnership organized under the laws of the state of Texas
Grantee's Mailing Address (including county):
2411 South Park
Pearland, Brazoria County, Texas 77581
Consideration: Ten Dollars ($10.00)and ether valuable consideration to the undersigned paid by
the Grantee herein named, the receipt of which is hereby acknowledged.
Property (including any improvements):
All that certain 19 4462 acre tract of land located in the HT & B RR Co Survey,
Section 1, Abstract No. 233, and the D.N M. Hunter Survey, Abstract No. 76,
Brazoria County, Texas, being a part of Lot 42, Zychlinski Subdivision, a map or
plat of which is recorded in Volume 29 on Page 43, and the remainder of Lot 4,
Walcott's Pearland Subdivision,a map or plat of which is recorded in Volume 35 on
Page 241, Deed Records of Brazoria County, Texas: said tract being more
pania,larly described in field notes prepared by Harold B Fisher, Registered Public
Surveyor, attached hereto and incorporated herein, consisting of one page and
designated Exhibit"A"to Deed from Thomas P Alexander and Bettye M. Alexander
to T. & B Alexander Family Ltd Partnership.
261 ) 485-2456 p. 3
Reservations from and Exceptions to Conveyance and Warranty:
All valid covenants, restrictions, reservations, easements, rights-of-way, mineral severances and
mineral lease,assessment and charge obligations, and continuing hens securing the payment of such
assessment and charge obligations as are recorded in the public records of Brazoria County,Texas
and are applicable to, enforceable against, and affecting the property, and further,
All of the oil, gas and other minerals in, on and under said land, have heretofore been granted,
conveyed,assigned and delivered to the ten children of C H Alexander and Helen F Alexander, in
equal shares,by mineral deed dated April 15, 1980,recorded in Volume 1519, Pages 168-180, Deed
Records, Brazoria County, Texas. This conveyance is made subject to the terms and provisions of
said prior mineral conveyance, and there is hereby expressly granted and conveyed to Grantee,
Grantee's heirs, devisees, personal representatives and assigns, the right and power to approve or
disapprove the terms and provisions pertaining to surface use under any oil, gas or other mineral lease
hereafter panted by any of the children of C. H. Alexander and Helen F. Alexander or their respective
heirs,devisees,personal representatives or assigns covering the oil,gas or other minerals in, on and
under the herein conveyed land, and the right and power to prohibit or waive any use of the surface
of said land for exploration or development or production of the oil,gas or other minerals in, on or
under such land,which provisions are and shall be covenants running with the land
Grantors, for the consideration and subject to the reservations from and exceptions to conveyance
and warranty,grant,sell,and convey to Grantee the property,together with all and singular the rights
and appurtenances thereto it any wise belonging, to have and hold it to Grantee, Grantee's heirs,
executors,administrators, successors,or assigns forever. Grantors bind Grantors and Grantors'heirs,
executors,administrators,and successors to warrant and forever defend all and singular the property
to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every
person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty
When the context requires, singular nouns and pronouns include the plural
EXECUTED on the date above first written
•
By _ -- Bettye tv1 Alexander ,Grantor
Thomas P Alexander, Grantor
2
• t281 ) 48S-2456 p, 4
't
{ACKNOWLED(;M ENT)
STATE OF TEXAS
COUNTY OF „a ,.,._
This instrument was acknowledged before me on the\Crkk day of 199_
by Thomas P Alexander and Bettye M Alexander.
Notary Public in and for `'
The State ofTEXAS
!.
Fes,""'6,^ LINDA H.HAYNES•• Votary P. c State of Texas+;
e. 'e v Ccrnmisston ExtahA\ : &I I's'
After Recording Return To: Prepared in the Law Office of:
Thomas P Alexander Michael D Martin
2411 South Park 7 Switchbud Place, Suite 192-251
Pearland, TX 77581 The Woodlands, TX 77380
•
281 ) 485-2456 p. 5
All of that c.ettatn 19.9412 acre tract of land located in the H.T. a
B.R.R. Co. Survey, Section 1, Abstract No. 233, and the 0.1)11. hunter
Survey, Abstract No 76, Orazeria County. ieras, being a part of tot 42,
2ychltnski Subdivision, a map or plat of which is recorded in Volume
29 on Page 43, and the remainder of Let 4, tralcott's Pearla+rd Subdivision,
a trap or plat of which is recorded in Volume 15 on f'at'e 241 , also being
all or part of that certain 11.291 acre tract and 58.723 acre tract
conveyed by the (state of Antcn Helik to A. Guy Crouch, Jr. per deed
dated December 15, 1977 and recorded in Vnivu,e 1143 on Page 854, all
referenced deeds end maps arc recorded in the Deed Records or 8raloria
County, Texos, said 19.1462 acre tract of land being more particularly
described by metes and buuudS as follor,s, to-wit:
IsFG!iiN)NG at a 3/4 inch iron rod found for the nortlnrest cone,- of the
said 11-291 acre tract of land and the north+rest corner of the herein
described tract, said 3/4 inch iron tod Is also located South 00 deg. 03
min. 28 sec. Last, 100.12 feet frun a 1 inch iron pipe found at the
southeast corner of a water plant site for the couxnnn occupied corner of
Lots 47, 48, 52 and 51, 2ychlinski. Subdivision;
1HENCE North 09 deg. 47 ruin. 02 Sec. Last, along and with the north line
of the said 11.291 acre tract and the said 58.123 acre tract, at 455.)3
feet pass the common north corner of the said 11.291 acre tract and the
58.723 acre tract, Same being the northwest corner of tot 4. in 411 a
total distance of 1337,00 feet to a 1f2 inch iron rod set in the west
right of•way line of 01d Alvin Road, a pullis road 00.00 feet wide, as
described in that certain inr.trument dated August '22. 1979 and recorded
in Volume 1475 on Page 045 of the Deed Records of trazoria County.
Texas, for the northeast corner of the herein described tract;
1H£NCF South 00 deg, 05 min. 2G sec. East, along and with the said west
right-of--way line of Ole: Alvin Road, a total distance or 633-40 (cwt to
a 1/2 inch iron mod set in the dividing line between the said Lot 4 and
Lot 5, for the southeast coiner of the herein described tract;
lattuLf South 89 deg. 47 Orin. 02 sec. West, along and with the south line
of the said 58.723 acre tract and the said 11.291 acre tract, same being
the south line of Lot 4 and the westerly projection thereof, at 234.18
feet pass the common south corner of the 50.723 acre tract and the
11.291 acre tract, in all a total distance of 1337.36 feet to a 1/2 inch
iron pipe set in concrete found in the west line of Lot 42 for the
common east. corner of Lots 43 and 4B, the southwest corner of the 11.291
acre tract and the southwest corner of the herein described tract;
?HENCE !forth 00 deg. 03 min. 28 sec. lies!, along and with the dividing
line between Lots 42 and 48, a total distance of 633,40 feet to the
PLACE OF REGINN1NG and containing 19.4462 acres of land.
719Lie LIEL,74----1_
ld-l. ashen
kegistered Public Surveyor No. 558
Exhibit 'A"
Deed from thomas P. Alexander and Bettye M. AlexandLr -
to T. & B. Alexander Family Ltd. Partnership
rxE sTrrE or"ry.As,
COUNTY of RRazoau
OCalY T,asa.d°eArn V°usf fit' Owe rn r."u r'a'.a°"
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+r+^ww hemon by Me, SOU._�O�«w tI.M r.n/doe k - ...
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Zoning Letter of Intent
19.4462 Acres
West side of Old Alvin Road—West of Highland Glen Subdivision/North of Oakbridge Apartments
Intent:
The owner of the property desires to sell the property to a homebuilder for construction of a residential
subdivision. The property is currently zoned GC(General Commercial);the property has been owned by
the same family for over 25 years. The property has been actively marketed since 1996 at commercial
pricing with no interest received. After the pricing was reduced to residential levels, interest in the
property increased substantially. The owner desires to rezone the property to R1 (single family
residential)
Concurrent with this rezoning request,the owner has submitted a cluster plan application. The cluster
plan reflects a nominal lot size of 6,600 square feet and provides a minimum of 2,200 square feet per lot
of open space within the subdivision and a variety of amenity enhancements.
Justification/Support:
The property is currently zoned GC, but has never been marketable at commercial sales prices. The
property is located diagonally across Old Alvin Road from Cockrell Elementary School, so single family
residential uses on the property are an ideal companion to this neighborhood school. Further,the
future land use plan depicts this property as multi-family(southern half)and offices (northern half).
Rezoning of this property is consistent with the vision and goals of both the 1999 comprehensive plan
and the 2004 comprehensive plan update as described below.
Page 6 of the 2004 comprehensive plan update states:
"...it is recommended that the City rezone existing undeveloped parcels that are zoned
multiple-fancily to either a single-family zoning district or a nonresidential zoning
district, depending on location."
As stated previously, a portion of the property is depicted as multi-family, so it is consistent with the
goals of the city to rezone this property away from multi-family uses.
Further, the 2004 comprehensive plan update anticipates that zoning requests different from the future
land use plan may be received and offers the following guidance on page 47 of that document:
DEVIATIONS FROM THE PLAN UPDATE
At times, the City will likely encounter development proposals that do not directly reflect
the purpose and intent of this 2004 Comprehensive Plan Update. Review of such
development proposals should include the following considerations:
• Will the proposed development enhance the City economically?
• Will the proposed development enhance the City aesthetically?
•Is the proposed development consistent with the City's vision, goals, and/or objectives?
May 17, 2013 19.4462 Acres Old Alvin Road Zoning Letter of Intent 1
•Is the proposed development a better use of land/property, both for the owner/developer
and the City, than that recommended by the Plan?
• Will the proposed development impact adjacent residential areas in a positive or
negative manner?
• Will the proposed development have adequate access—have considerations been made
for roadway capacity, ingress and egress, traffic impact?
•Are uses adjacent to the proposed development similar in nature in terms of
appearance, hours of operation, and other general aspects of compatibility?
•Does the proposed development present a significant benefit to the public health, safety
and welfare of the community?
Development proposals that are inconsistent with the Plan or that do not meet its general
intent should be reviewed based upon the above questions. Such proposals should also be
evaluated on their individual merit, on a case-by-case basis. It is important to note that it
should be incumbent upon the applicant to provide evidence as to how the proposed
development addresses the aforementioned questions.
It is also important to recognize that proposals contrary to the Plan could he an
improvement over what is recommended within the Plan. This may he due to changing
market, development, and/or economic trends that occur at some point in the future after
this Plan Update is adopted. If such changes occur, and especially if there is a
significant benefit to the City of Pearland, then these proposals should be approved, and
the Plan should be amended accordingly.
In response to this guidance,we offer the following responses to the eight questions posed above:
1. Will the proposed development enhance the City economically?
The property currently has an Ag exemption and is assessed at a total value of$9,730,and
generates$68.61 annually in property taxes at the current city property tax rate (combined
general fund and debt service). At an average value of$250,000 the proposed homes will be
valued collectively at approximately$14,000,000 and generate just under$100,000 in annual
property taxes. The residents will also contribute utility revenues,franchise fees,and,during
construction, building permit fees and impact fees will be generated. Using a commonly
accepted metric for sales tax generation in the community by the residents,results in an annual
projection of$23,000 in new sales taxes to the city from residents of the proposed homes
2. Will the proposed development enhance the City aesthetically?
Existing subdivisions in this vicinity are high-quality and well maintained. The proposed
residential uses will be a more positive influence on the character of the immediate
neighborhoods than would be additional multi-family,office,or commercial uses.
The main entrance will be aligned with a central neighborhood open space axis creating an
appealing visual extending to the depth of the property. Homes will be set back approximately
100 feet from Old Alvin Road preserving the sense of open space that exists along the corridor.
Homes with rear yards facing Old Alvin Road will have an upgraded wood fence matching the
May 17,2013 19.4462 Acres Old Alvin Road Zoning Letter of Intent 2
level of quality across Old Alvin Road in Highland Glen. Other Internal aesthetic considerations
are outlined in the cluster plan application.
3. Is the proposed development consistent with the City's vision,goals,and/or objectives?
This rezoning along with the accompanying cluster plan application directly supports the vision
of the community as stated on page 2.3 of the 1999 Comprehensive Plan, which reads in part:
"Pearland Texas is identified as one of the most livable places in the United
States in 2020 The community boasts of one of the highest per capita incomes
in the slate. The community provides a wide range of attractive and affordable
housing in some of America's best planned neighborhoods. These developments
offer many recreational amenities which blend in aesthetically with the
environment and are conveniently accessible by a modern thoroughfare plan. "
Additionally, development of this property as proposed furthers Intermediate Goal No. 3:
Attractive and Affordable Housing,as stated on page 2.5 of the 1999 comprehensive plan.
The property is diagonally adjacent to an elementary school. Single family residential uses for
this property are much more compatible with the school than would be commercial or office
uses. It is simply empirically sensible that the qualities and benefits of neighborhood
elementary schools can be maximized by locating residential uses in proximity to the school.
The property at the southwest corner of McHard and Old Alvin Roads is in separate ownership
and would not be affected by this zone change. Preservation of the corner of commercial/office
uses would be consistent with the 1999 comprehensive plan goals of encouraging such
development at corner nodes as supposed to strip development along thoroughfares and
collectors.
4. Is the proposed development a better use of land/property, both for the owner/developer
and the City,than that recommended by the Plan?
As stated previously,the property has not been marketable at commercial pricing under the
current GC zoning since at least 1996,a period of tremendous growth and development within
the city. The property has never been developed and is currently in agricultural use. The future
land use plan depicts the southern half of the property as"multi-family" so the proposed
residential uses will be more beneficial for the city, the school district,and the adjacent
residential properties.
The future land use plan depicts the northern half of the property as"offices". Office uses are
more conducive to locations on major thoroughfares, not on collector streets such as Old Alvin
Road. Additionally,the property is directly west of an existing residential subdivision and
directly southwest from an elementary school, so residential uses are more suited for this
property than would be office uses.
There are numerous vacant parcels on major thoroughfares with superior locations in
commercial areas that are more suitable for office and general commercial uses. Those parcels
are better situated than this property for likely development as office or general commercial
May 17, 2013 19.4462 Acres Old Alvin Road Zoning Letter of Intent 3
uses in the foreseeable future. It is unlikely that the demographics of the city will support
development of all the vacant commercial properties on SH 35 and Pearland Parkway that are
available;therefore, inferiorly located properties such as the subject are less likely to develop
with quality uses.
5. Will the proposed development impact adjacent residential areas in a positive or negative
manner?
The proposed single family residential use will be positive for the adjacent residential area.
General commercial, Multi-family,or offices would each have a larger noise and traffic impact
on the existing adjacent residential uses.
6. Will the proposed development have adequate access—have considerations been made for
roadway capacity, ingress and egress,traffic impact?
Due to the configuration of the property, a maximum of one access point is allowed to Old Alvin
Road. Subject to final city approval,the subdivision will have emergency-only access to the
city's water plant access road at Profax Drive at the northwest corner of the tract. A single
family residential neighborhood will generate less traffic than commercial, office,or multi-family
uses.
7. Are uses adjacent to the proposed development similar in nature in terms of appearance,
hours of operation, and other general aspects of compatibility?
The proposed single family use is compatible with the existing Highland Glen subdivision and
elementary school to the east of the property and the existing multi-family uses to the south.
The property to the north is depicted as offices on the future land plan and will be compatible
with appropriate buffering. The property to the west is the city's Alice Road water facility,
which will not be impacted by residential single family residential use on this property.
8. Does the proposed development present a significant benefit to the public health,safety and
welfare of the community?
As mentioned previously, this property is adjacent to an existing elementary school. Single
family residential uses within walking distance of an elementary school is an ideal benefit to the
health, safety, and welfare of the community, and is, in fact, more appropriate for this tract than
would be office or general commercial uses.
Summary
This rezoning request supports good neighborhood planning principles and is:
• Consistent with the vision and goals of the 1999 comprehensive plan
• Conforms to the guidelines of the 2004 comprehensive plan update
• Will not be detrimental to any surrounding uses
• Is more compatible with the existing residential uses than would be any allowed or proposed
multi-family,office,or general commercial uses
• Compatible with and enhances the existing adjacent elementary school
May 17, 2013 19.4462 Acres Old Alvin Road Zoning Letter of Intent 4
•
TAX CERTIFICATE
or rt
RO'VIN GARRETT,RTA
BRAZORIA COUNTY TAX ASSESSOR•COLLECTOR
111 E.LOCUST
ANGLETON,TEXAS 77515
Issued To: Legal Description:
GROMAX DEVELOPMENT A0233 H T&II R R(PEARLAND),TRACT
4201 W.BROADWAY
PEARLAND, TX 77581 42A,ACRES 11.290
Fiduciary Number: 1474828 Parcel Address: OLD ALVIN RD
Legal Acres: 11.2900
>--
Account Number: 0233-0019-000 Print Date: 05/13/2013
Certificate No: 216208562 Paid Date: 05/13/2013
Certificate Fee: $10.00 Issue Date: 05/13/2013
Operator ID: JACKIEG
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE.ALL ACCOUNTS ARE SUBJECT TO CHANGE
PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE.THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED
PROPERTY HAVE BEEN EXAMINED,UP TO AND INCLUDING THE YEAR 2012. ALL TAXES ARE PAID IN FULL.
Exemptions: Certified Owner:
OPEN SPACE 1-D-1 ALEXANDER T&B FAMILY LTD PRTNSHP
2411 PARK AVE
PEARLAND , TX 77581-4233
Certified Tax Unit(s):
2012 Value: 112,900 1 BRAZORIA COUNTY
9 SPECIAL ROAD&BRIDGE
2012 Levy: $156.30 28 PEARLAND ISD
2012 Levy Balance: $000 54 BRAZORIA DRAINAGE DIST 4
96 CITY OF PEARLAND
Prior Year Levy Balance: $0.00
Total Levy Due: $0.00
P&1+Attorney Fee: $0.00
Total Amount Due: $0.00
Reference(G o: '
Issued By: C4'7 rwA1
RO'VIN GARR .'T A
BRA ZORIA COUNTY TAX ASSESSOR-COLLECTOR
(979)864-13201(979)388.1320,(281)756-1320
delinyuent_tax_certificate.rdf v1.72
•
TAX CERTIFICATE
a� 'or its
o
RO'VIN GARRETT,RTA
BRAZORIA COUNTY TAX ASSESSOR-COLLECTOR
111 E.LOCUST
ANGLETON,TEXAS 77515
Issued To: Legal Description:
GROMAX DEVELOPMENT A0076 D H M HUNTER(PEARLAND),TRACT 4,
4201 W.BROADWAY
PEARLAND, TX 77581 ACRES 8.160
Fiduciary Number: 1474828 Parcel Address: OLD ALVIN RD
Legal Acres: 8.1600
>—-
Account Number: 0076-0016-000 Print Date: 05/13/2013 __
Certificate No: 216208561 Paid Date: 05/13/2013
Certificate Fee: $10.00 Issue bate: 05/13/2013
Operator ID: JACKIEG
TAX CERTIFICATES ARE LSSUED WITH THE MOST CURRENT INFORMATION AVAILABLE.ALL ACCOUNTS ARE SUBJECT TO CHANGE
PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE.THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED
PROPERTY HAVE BEEN EXAMINED,UP TO AND INCLUDING THE YEAR 2012. ALL TAXES ARE PAID IN FULL
Exemptions: Certified Owner:
OPEN SPACE 1-D-1 ALEXANDER T&B FAMILY LTD PRTNSHP
2411 PARK AVE
PEARLAND , TX 77581-4233
Certified Tax Unit(s):
I BRAZORIA COUNTY
2012 Value: 81,600 9 SPECIAL ROAD&BRIDGE
2012 Levy: $112.87 28 PEARLAND ISD
2012 Levy Balance: $000 54 BRAZORIA DRAINAGE DIST 4
96 CITY OF PEARLAND
Prior Year Levy Balance: $0.00
Total Levy Due: $0.00
P&I+Attorney Fee: $0.00
Total Amount Due: $0.00
Reference(t )N•• N/ /
Issued B �t/
By. �?�
RO'VIN GAR' ,RTA
BRAZORIA COUNTY TAX ASSESSOR-COLLECTOR
(979)864-1320,(979)388-1320,(281)756-1320
del inqucnt_tax certificate.rdf v1.72
ZONE CHANGE APPLICATION Page 2 of 4 Updated October 2012)
APPLICATION CHECKLIST FOR THE FOLLOWING
• Zone Changes
• Planned Development Districts (PD)
Application, filled out completely, and signed by the owner of the property to be
considered for the conditional use permit.
1.7( If the applicant is the designated agent, the application shall include a written
statement from the property owner authorizing the agent to file the application on his
half. Section 1.2.1.1 (a) of the Unified Development Code.
E Metes and Bounds Description, (Survey, or a Plat of the property that provides or
contains the metes and bounds description).
In Parcel map, printed from the City of Pearland website, indicating the location and
oundaries of the subject property.
i. Letter of Intent, explaining the zone change request in detail and why the zoning is being
requested to be changed, and state the uses being proposed
*Letter of Intent is not required for a PD.
Application fee, as determined below, by cash, check made payable to the City of
Pearland, or credit card (Visa and MasterCard only)
• Zero (0) to less than 25 acres:177.3
o $ 750.00 plus $25.00 per each type of zoning district requested; or
o $ 800.00 if requesting a Planned Development (PD)
• 25 to less than 50 acres:
c $ 800.00, plus $25.00 per each type of zoning district requested; or
• $ 850.00 if requesting a Planned Development (PD)
• 50 to less than 75 acres:
c $ 850.00, plus $25.00 per each type of zoning district requested; or
c $ 900.00 if requesting a Planned Development (PD)
• 75 to less than 100 acres:
o $ 900.00, plus $25.00 per each type of zoning district requested; or
a $ 950.00 if requesting a Planned Development (PD)
• 100 acres and above:
a $ 950.00, plus $25.00 per each type of zoning district requested; or
o $ 1000.00 if requesting a Planned Development (PD)
7 For PD's Only: the proposed PD document in electronic form by date of application
(either emailed or on a CD) (see PD Format for guidelines on how to prepare the PD).
ZONE CHANGE APPLICATION Page 3 of 4 Updated October 2012)
Acknowledgement of the sign to be posted on the property 10 days prior to the public
1X'earing.
Provide evidence or proof that all taxes and obligations have been paid regarding the
subject property.
I Application packets that are not complete will not be accepted. When a completed
application packet has been accepted and reviewed, additional information may
be required by staff as a result of the review, it may be necessary to postpone
the proposed CUP/Zone Change and remove it from the scheduled agenda and
place it on a future agenda date according to Section 1.2.1.2. of the Unified
Development Code.
Additional Information:
• Upon making an application for a zoning change or conditional use permit, the
applicant shall place sign(s) as required. The City shall inspect such sign(s) to ensure
compliance as required by the UDC.
• After the zoning change or conditional use permit request is approved by the City
Council, denied by the City Council, or withdrawn by the applicant, the applicant shall
remove the sign from the area of the request within ten (10) days of such event.
• It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a
sign which gives notice that a zoning change or conditional use permit has been
requested.
• In the event the applicant shall fail to erect and/or maintain signs in accordance with
this section, then the public hearing before the Planning and Zoning Commission/City
Council shall be postponed to a date in the future, which would allow time for
compliance.
• The erection of any sign required by this section shall not require a permit under
Section 4.1.2.6 of this UDC.
• The owner or applicant shall promptly notify the Planning Department of any sign
required by this section, which becomes lost, stolen or vandalized. The Planning and
Zoning Commission shall have the power to decide whether or not there has been
substantial compliance with the posting requirements in the case of lost, stolen or
vandalized signs.
PLAT FEE 11
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Payment Type/Code 1K•
Description: Input villa the check is fro
COMMENTS (F10): /
Clo Aiorki ci-6 me_ifet.rd,
Explanation: Plat Fee
CM OF PEARLAND
REPRINT
e:/ CUSTOS RECEIPT •e
Oiler: (ORRIS Type: OC Drarer: 1
Date: 5/71113 II Receipt so: 233176
Description iaoa BOARD OF AD) Inoue
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1.11 3775.11
Trans nus er: 4•89134
PF PLAT EELS Mt 11
Trans amber: 4489136
CLUSTER PL/I
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CLUSTER PLAN
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19.4 IOUSTOI
15725 11t14 I PAk)NAT,STE 311
*DDISOI,TI 75111
972.383.43/1
Tender detail
CX MCI 294733 $1175.11
Total tendered $1175.11
Total paysent $1175.11
Trans date: 5/17/13 Tine: 13:45:47
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AFFIDAVIT OF PUBLICATION Ord. No. 00 2000M-106
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for _ J issues, as follows:
No. / Date )1 20 R
No. Date 20
No. Date 20
No. Date 20
No. Date 20
CFO
Subscribe and sworn to before me this S0 day of
2013
LAURA ANN EMMONS
NOTARY PUBLIC //t STATE OF TEXAS
!r;�•r
Laura Ann Emmons, Publisher
Notary Public, State of Texas
�0�� c2n°13 'N1Z
Ord. No. 2000M-106
Exhibit "C"
Published May 29,2013
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
NO.2013.11Z
Notice is hereby given
that on June 17,2013 at Being a 19.4462 acre
6:30 p.m., the City tract of land located in
Council and Planning the H.T.&B.R.R. Co.
and Zoning Commission Survey, section 1, Ab-
of the City of Pearland, stract No. 233 and the
in Brazoria, Harris and D.H.H. Hunter Survey,
Fort Bend Counties, Abstract No. 76, Bra-
Texas, will conduct a zoria County, Texas,
joint public hearing in being a part of Lot 42,
the Council Chambers Zychlinski Subdivision,a
of City Hall, located at map or plat of which is
3519 Liberty Drive, recorded in Volume 29
Pearland, Texas,on the on Page 43, and the
request of Chris Lynch remainder of Lot 4,
of Gehan Homes, LP, Walcotts Pearland Sub-
applicant,on behalf of T division,a map or plat of
& B Alexander Family which is recorded in
Ltd. Partnership, owner, Volume 35 on Page 241,
for approval of a zone also being all or part of
change from the Gen- the certain 11.291 acre
eral Commercial (GC) tract and 58.723 acre
zone to the Single tract conveyed by the
Family Residential(R-1) Estate of Anten Halik to
zone,on property locat- A. Guy Crouch, Jr. per
ed on Old Alvin Rd deed dated December
approximately 500 feet 15, 1972 and recorded
south of McHard Rd., in Volume 1143 o n page
more specifically 854, all referenced
described below: deeds and maps are
recorded in the Deed
Records of Brazoria
County,Texas.
General location: Old
Alvin Rd approximately
500 feet south of
McHard Rd.
At said hearing,all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject. For addi-
tional information,
please contact the
Planning Department at
281-652-1765
Ian Clowes
Planner II
4 _ �
C
r E X A 5
Ordinance No. 2000M-106
Exhibit "D"
Planning ' '& Commission
Recommendation Letter
June 24, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2013-11Z
Honorable Mayor and City Council Members:
At their meeting on June 17, 2013, the Planning and Zoning Commission considered
the following:
A request of Chris Lynch of Gehan Homes, LP, applicant, on behalf of T & B
Alexander Family Ltd. Partnership, owner, for approval of a zone change from
the General Commercial (GC) zone to the Single Family Residential (R-1) zone
on the following described property:
LEGAL DESCRIPTION:
Being lots 34-39 in a subdivision of 14.458 acres of land out of the Narregang
Subdivision, Plat Records of Brazoria County, Texas.
GENERAL LOCATION:
West of Old Alvin Rd approximately 500 feet south of McHard Rd., Pearland, TX
Following staff presentation, Commissioner Mary Starr made a motion to approve the
zone change. The motion was seconded by Commissioner Ginger McFadden. The
vote was 4-0 and the motion passed.
Sincerely,
Ian Clowes, Planner II
On behalf of the Planning and Zoning Commission