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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 (. _,..,.„...,...„21.. . ..-.:. mr1 tu lin , . II 1 r,. i 40 1 1 _____,.H.1 ri—T---- 1 I . cc , 1 lt, ....., '. - .-- "-- I ::: IR 1,_;:' !`--°_,-D.1-'''' / i '; ----,- '7 '7- ---'--. ''F.: i l; l,... *---7-- '.:-. ,:. ..,■ _ --- ..... ,.. .' 7 ir''' '-- ..o ,.. - 11'..- "---------------- ..- I I . I ---. I / ...-. / \ I I / I, ,11 / / \\\ Ii I / 11./ ' / ; --, t I N \\ t, I ,' \ , . , .\.,, . . t; i; t . , . ""- e'' I , \ !, , .■ \ ' . \ \ 10 1 —_- — 1 . I i _- j 1 1 1 , f."1. '. I c -I Ii ! , \ \ 1 = I l' 1 11 1 1 i-- '1 } 4 t . 1 , I, S I _■ _-... ■ r_—_--1 i ----- '1 I 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°" • •x,RE CONOEO h Ow ire RE.^HOR gECOpo +r+^ww hemon by Me, SOU._�O�«w tI.M r.n/doe k - ... • (281 ) 485-2456 p 6 ...., ' 1■A \ 43 DR \\\/ ,. / / ,,,„ .0- • . .,•---- ,,, /I , •4,:ri_, A, //' f: ' /'`' \4-c' 4, ,, VA 'PoliZ / 4,,,, • /05 V.I.F. d'st 0 1' A. -/.... ). /.4, . /r0V:4 ., ("1. 0,0,e'vIc5),..■%, / 4c\ . \ 1/*.‘ 'j I,.\'c(\ .S;1 ... , N2; / ' 'C, < / lq*. 'IN / r,A ,15,,,,c4% A . c7), iv ., .. _..- i , '1'1 --- ---=-- -..._-::::-......:._-_:=.11. -44,k--_-7-_-• ...7a---—__."--"I 15'84 ..:C:•• CO \> "(r i 0' 0 / < - r . 'b & cP';','“.. I i 1 # 4, \ f.c>N7 .,t171 ot u' II a. 11 C, Q,\ / 4) 0 -A .9,o c.**/.' ), i■ ''N. V,...,C. 0 - ' et• „IP / '''..-1 9' ,.... I • --: ..•• A q(N > '$1'./..._ \et ','7'''' • ' ' fr• \ I I ".`\ 10 i---- . . . 0. ' \ „...- ‘,. \ ■ , .--Ari• /„.., \ ... . . o,. . ... Pc, •St 00 r.. Cr ;:•.',. -',.,.,... . N. •. . S', ., . . ...1 ) 1----- • . _ cj- 0 .------- -.....J 1 (f) MTh • 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 � tit)(A—'S fl 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 BA 1.11 3775.11 Trans nus er: 4•89134 PF PLAT EELS Mt 11 Trans amber: 4489136 CLUSTER PL/I ZOE Cl/EE 6C TO R-1 OLD ALYII S. OF ICRIRD CLUSTER PLAN OLD 1LYII S. OF ICCIARD 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 c) a 70 ui ai O @coo , .> z -2 / o v ao mo m• o r =RS S rnE �o N V C O a) A!� ,., p V N '� E n 0 Lo _ / CD O 41- O c L716/9cu O _ 1� } 11: lR.. N co 16 . o o� al _. 0 � N II may j rI rI C b Q , c ri >C •C C - p a °c ll o. c - o w N N O N >� 0 , ci L f6 O 0 U H O . O O lignits mi .. 44: —/ ar A CO .:, k i MI ill 111 I _,::. 11111 a at re ..,,, ,.7 _ .,—.. ii i gm II .- - I N ' f OLD ALVIN RD •. 1 . . 1 \ . . \ \ t\\, E ____________ i t N . \ 1 Zia 7 co 1 • • • .N 1 1 Q r 1 __\ \ \ \ \ I 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