Ord. 2000M-0130 2015-02-23Ordinance No. 2000M-130
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, being a tract or
parcel containing 4.2066 acres or 183,242 square feet of land situated in the
A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County, Texas, being
out of a called14.02 acre tract of land conveyed to T. & B. Alexander Family,
LTD, Partnership as recorded under Brazoria County Clerks File No. 98-053938,
same being out of Lot 19 of the L.W. Murdock Subdivision, map or plat thereof
recorded under Volume 29, Page 174 of the Brazoria County Deed Records; and
A tract or parcel containing 5.7495 acres or 250,450 square feet of land situated
in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County, Texas,
being out of a called14.02 acre tract of land conveyed to T. & B. Alexander
Family, LTD, Partnership as recorded under Brazoria County Clerks File No. 98-
053938, same being out of Lot 19 of the L.W. Murdock Subdivision, map or plat
thereof recorded under Volume 29, Page 174 of the Brazoria County Deed
Records, located at the northwest and southwest corners of Main Street and
Bailey Road, Pearland, TX, Zone Change 2014-23Z, a request of Windrose
Land Services, Inc., applicant; on behalf of T&B Alexander Family LTD
Partnership, owner; for approval of a change in zoning from the Heavy Industrial
(M-2) zoning district to the General Commercial (GC) zoning district, on
approximately 9.9 acres of land, providing for an amendment of the zoning
district map; containing a savings clause, a severability clause, and an effective
date and other provisions related to the subject.
WHEREAS, Windrose Land Services, applicant; on behalf of T&B Alexander
Family LTD Partnership, owner; is requesting approval of a change in zoning from the
Heavy Industrial (M-2) zoning district to the General Commercial (GC) zoning district on
approximately 9.9 acres of land; said property being legally described in the legal
description attached hereto and made a part hereof for all purposes as Exhibit "A," and
more graphically depicted in the vicinity map attached hereto and made a part hereof for
all purposes as Exhibit "B," and
WHEREAS, on the 5th day of January, 2015, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication being attached hereto and made a part hereof for all
purposes as Exhibit "C," said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 5th day of January, 2015, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed zone change application of Windrose Land Services, applicant; on behalf of
T&B Alexander Family LTD Partnership, owner; for approval of a change in zoning from
the Heavy Industrial (M-2) zoning district to the General Commercial (GC) zoning
district) on approximately 9.9 acres of land, 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 meetings on the 9th day of February 2015
and the 23rd day of February 2015; 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 Windrose Land Services, applicant; on behalf of T&B Alexander
Family LTD Partnership, owner; for approval of a change in zoning from the Heavy
Industrial (M-2) zoning district to the General Commercial (GC) zoning district on
approximately 9.9 acres of land, 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:
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently classified as Heavy Industrial (M-2)
Page 2 of 10
Ord. No 2000M-130
is hereby granted a change in zoning 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: A tract or parcel containing 4.2066 acres or 183,242
square feet of land situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507,
Brazoria County, Texas, being out of a called14.02 acre tract of land conveyed to
T. & B. Alexander Family, LTD, Partnership as recorded under Brazoria County
Clerks File No. 98- 053938, same being out of Lot 19 of the L.W. Murdock
Subdivision, map or plat thereof recorded under Volume 29, Page 174 of the
Brazoria County Deed Records
Tract 2: A tract or parcel containing 5.7495 acres or 250,450 square feet of land
situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County,
Texas, being out of a called14.02 acre tract of land conveyed to T. & B.
Alexander Family, LTD, Partnership as recorded under Brazoria County Clerks
File No. 98-053938, same being out of Lot 19 of the L.W. Murdock Subdivision,
map or plat thereof recorded under Volume 29, Page 174 of the Brazoria County
Deed Records
GENERAL LOCATION: The northwest and southwest corners of Main Street
and Bailey Road, 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.
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
Page 3 of 10
Ord. No 2000M-130
Ordinance No. 2000M-130
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, being a tract or
parcel containing 4.2066 acres or 183,242 square feet of land situated in the
A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County, Texas, being
out of a called14.02 acre tract of land conveyed to T. & B. Alexander Family,
LTD, Partnership as recorded under Brazoria County Clerks File No. 98-053938,
same being out of Lot 19 of the L.W. Murdock Subdivision, map or plat thereof
recorded under Volume 29, Page 174 of the Brazoria County Deed Records; and
A tract or parcel containing 5.7495 acres or 250,450 square feet of land situated
in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County, Texas,
being out of a called 14.02 acre tract of land conveyed to T. & B. Alexander
Family, LTD, Partnership as recorded under Brazoria County Clerks File No. 98-
053938, same being out of Lot 19 of the L.W. Murdock Subdivision, map or plat
thereof recorded under Volume 29, Page 174 of the Brazoria County Deed
Records, located at the northwest and southwest corners of Main Street and
Bailey Road, Pearland, TX, Zone Change 2014-23Z, a request of Windrose
Land Services, Inc., applicant; on behalf of T&B Alexander Family LTD
Partnership, owner; for approval of a change in zoning from the Heavy Industrial
(M-2) zoning district to the General Commercial (GC) zoning district, on
approximately 9.9 acres of land, providing for an amendment of the zoning
district map; containing a savings clause, a severability clause, and an effective
date and other provisions related to the subject.
WHEREAS, Windrose Land Services, applicant; on behalf of T&B Alexander
Family LTD Partnership, owner; is requesting approval of a change in zoning from the
Heavy Industrial (M-2) zoning district to the General Commercial (GC) zoning district on
approximately 9.9 acres of land; said property being legally described in the legal
description attached hereto and made a part hereof for all purposes as Exhibit "A," and
more graphically depicted in the vicinity map attached hereto and made a part hereof for
all purposes as Exhibit "B," and
WHEREAS, on the 5th day of January, 2015, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication being attached hereto and made a part hereof for all
purposes as Exhibit "C," said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 5th day of January, 2015, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed zone change application of Windrose Land Services, applicant; on behalf of
T&B Alexander Family LTD Partnership, owner; for approval of a change in zoning from
the Heavy Industrial (M-2) zoning district to the General Commercial (GC) zoning
district) on approximately 9.9 acres of land, 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 meetings on the 9th day of February 2015
and the 23rd day of February 2015; 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 Windrose Land Services, applicant; on behalf of T&B Alexander
Family LTD Partnership, owner; for approval of a change in zoning from the Heavy
Industrial (M-2) zoning district to the General Commercial (GC) zoning district on
approximately 9.9 acres of land, 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:
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently classified as Heavy Industrial (M-2)
Page 2 of 10
Ord. No 2000M-130
is hereby granted a change in zoning 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: A tract or parcel containing 4.2066 acres or 183,242
square feet of land situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507,
Brazoria County, Texas, being out of a called14.02 acre tract of land conveyed to
T. & B. Alexander Family, LTD, Partnership as recorded under Brazoria County
Clerks File No. 98- 053938, same being out of Lot 19 of the L.W. Murdock
Subdivision, map or plat thereof recorded under Volume 29, Page 174 of the
Brazoria County Deed Records
Tract 2: A tract or parcel containing 5.7495 acres or 250,450 square feet of land
situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County,
Texas, being out of a called14.02 acre tract of land conveyed to T. & B.
Alexander Family, LTD, Partnership as recorded under Brazoria County Clerks
File No. 98-053938, same being out of Lot 19 of the L.W. Murdock Subdivision,
map or plat thereof recorded under Volume 29, Page 174 of the Brazoria County
Deed Records
GENERAL LOCATION: The northwest and southwest corners of Main Street
and Bailey Road, 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.
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
Page 3 of 10
Ord. No 2000M-130
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-M 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 9th day of February,
A.D., 2015.
ATTEST:
` 011111//,,''
•
TOM REID
MAYOR
Page 4 of 10
Ord. No 2000M-130
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 23rd
day of February. A.D., 2015.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 5 of 10
Ord. No 2000M-130
Ordinance No. 2000M-130
Exhibit "A"
Exhibit A
Legal Description
A tract or parcel containing 4.2066 acres or 183,242 square feet of land situated in
the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County, Texas, being
out of a called14.02 acre tract of land conveyed to T. & B. Alexander Family, LTD,
Partnership as recorded under Brazoria County Clerks File No. 98-053938, same
being out of Lot 19 of the L.W. Murdock Subdivision, map or plat thereof recorded
under Volume 29, Page 174 of the Brazoria County Deed Records
Tract 2: A tract or parcel containing 5.7495 acres or 250,450 square feet of land
situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County,
Texas, being out of a called14.02 acre tract of land conveyed to T. & B. Alexander
Family, LTD, Partnership as recorded under Brazoria County Clerks File No. 98-
053938, same being out of Lot 19 of the L.W. Murdock Subdivision, map or plat
thereof recorded under Volume 29, Page 174 of the Brazoria County Deed Records.
Page 6 of 10
Ord. No 2000M-130
Ordinance No. 2000M-130
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 2
AERIAL MAP
Zone Change 2014-23Z
West Corner of
Bailey and Main St.
TAa vvdv! a 4.: mio aznab...l nar,......zd
.* L., br.v.. i...d £: o: b. . nila.b1.•
i:lr.j m�ro. r.I!
for m!...xaw m+ as...aki rm mad •...1
e.nm.-_odyn t..s�w• +. s.Lti.. .b,.
e43,4.,.rky bend.o..
1 inch= 471 feet
OJTOERL!( 1.4
I7 ANN INJ PHI AL TIT ENT
Page 7 of 10
Ord. No 2000M-130
Ordinance No. 2000M-130
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of December 18, 2014.
'716
Sworn to and subscribed before me this / day oLf /la r ( , 414.Z0 /.i
Publisher's Representative
.k
.aryP •lic
My commission expires on
/-/9 -2'/,
X11111111
LUCILLE GUERRA
•°' `' Notary Public, State of Texas
aa, . My Commission Expires
hyEnE ;o January 18, 2016
Bay Area Citizen • Friendswood Journal • Pearland Journal
Legal Notices
Legal Notices
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 NUMBER: 2014-23Z
Notice is hereby given that on January 5, 2015 at
6:30 p.m., the City Council and Planning and Zoning
Commission of the City of Pearland, in Brazoria, Harris
and Fort Bend Counties, Texas, will conduct a joint public
hearing in the Council Chambers of City Hall, located at
3519 Liberty Drive, Pearland, Texas, at the request of
Windrose Land Services, Inc., applicant; on behalf of T&B
Alexander Family LTD Partnership, owner; for approval
of a change in zoning from the Heavy Manufacturing (M-
2) zoning district to the General Commercial (GC) zoning
district, on approximately 9.9 acres located on two (2)
tracts of land, to wit:
Tract 1: A tract or parcel containing 4.2066 acres or
183,242 square feet of land situated in the A.C.H. &
B.R.R. Co. Survey, Abstract No. 507, Brazoria County,
Texas, being out of a called14.02 acre tract of land
conveyed to T. & B. Alexander Family. LTD, Partnership
as recorded under Brazoria County Clerks File No. 98-
053938, same being out of Lot 19 of the L.W. Murdock
Subdivision, map or plat thereof recorded under Volume
29, Page 174 of the Brazoria County Deed Records
Tract 2: A tract or parcel containing 5.7495 acres or
250,450 square feet of land situated in the A.C.H. & B.R.R.
Co. Survey, Abstract No. 507, Brazoria County, Texas,
being out of a called14.02 acre tract of land conveyed to
T. & B. Alexander Family, LTD, Partnership as recorded
under Brazoria County Clerks File No. 98-053938, same
being out of Lot 19 of the L.W. Murdock Subdivision, map
or plat thereof recorded under Volume 29, Page 174 of
the Brazoria County Deed Records
General Location: Northwest and southwest corners of
Main Street and Bailey Road, Pearland, TX
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject.
For additional information, please contact the Planning
Department at 281-652-1765.
Johnna Matthews
City Planner
Exhibit C
Legal Ad
NOTICE OF AJOINT PUBLIC HEARING OF
THE CITY COUNCIL
AN D
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: 2D1 4-23Z
Notice is hereby given that on January 5, 2015 at
6:30 p.m., the City Council and Planning and Zoning
Commission of the City of Peariand, in Brazoria, Harris
and Fort Bend Counties, Texas, will conduct a joint public
hearing in the Council Chambers of City Hall, located at
3519 Liberty Drive, Peariand, Texas, at the request of
Windrose Land Services, Inc_, applicant; on behalf of T&B
Alexander Family LTD Partnership, owner, for approval
of a change in zoning from the Heavy Manufacturing (M-
2) zoning d istrict to the General Commercial (GC) zoning
district, on approximately 9.9 acres located on two (2)
tracts of land, to wit:
Tract 1: A tract or parcel containing 42066 acres or
153,242 square feet of land situated in the A.C.H. &
B.R.R. Co_ Survey, Abstract No_ 507, Brazoria County,
Texas, being out of a called14.02 acre tract of land
conveyed to T. & B. Alexander Family, LTD, Partnership
as recorded under Brazoria County Clerks File No. 95,-
053935, same being out of Lot 19 of the L.W. Murdock
Subdivision, map or plat thereof recorded under Volume
29, Page 174 of the Brazoria County Deed Records
Tract 2: A tract or parcel containing 5.7495 acres or
250,450 squarefeetof land situated in theA_C_H_ & B.R.R.
Co_ Survey, Abstract No_ 507, Brazoria County, Texas,
being out of a calledl4.02 acre tract of land conveyed to
T_ & B. Alexander Family, LTD, Partnership as recorded
under Brazoria County Clerks File No_ 95-053935, same
being out of Lot 19 of the LW. Murdock Subdivision, map
or plat thereof recorded under Volume 29, Page 174 of
the Brazoria County Deed Records
General Location: Northwest and southwest comers of
Main Street and Bailey Road, Peariand, TX
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject
For additional information, please contact the Planning
Department at 251-652-1765_
Johnna Matthews
City Planner
Page 8 of 10
Ord. No 2000M-130
Ordinance No. 2000M-130
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
January 6, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 2014-23Z
Honorable Mayor and City Council Members:
At their regular meeting on January 5, 2015, the Planning and Zoning Commission
considered the following:
A request of Windrose Land Services, Inc., applicant; on behalf of T&B
Alexander Family LTD Partnership, owner; for approval of a change in zoning
from the Heavy Industrial (M-2) zoning district to the General Commercial (GC)
zoning district, on approximately 9.9 acres of land, on the following described
property:
LEGAL DESCRIPTION: A tract or parcel containing 4.2066 acres or 183,242
square feet of land situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507,
Brazoria County, Texas, being out of a called14.02 acre tract of land conveyed to
T. & B. Alexander Family, LTD, Partnership as recorded under Brazoria County
Clerks File No. 98- 053938, same being out of Lot 19 of the L.W. Murdock
Subdivision, map or plat thereof recorded under Volume 29, Page 174 of the
Brazoria County Deed Records
Tract 2: A tract or parcel containing 5.7495 acres or 250,450 square feet of land
situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County,
Page 9 of 10
Ord. No 2000M-130
Texas, being out of a called14.02 acre tract of land conveyed to T. & B.
Alexander Family, LTD, Partnership as recorded under Brazoria County Clerks
File No. 98-053938, same being out of Lot 19 of the L.W. Murdock Subdivision,
map or plat thereof recorded under Volume 29, Page 174 of the Brazoria County
Deed Records.
GENERAL LOCATION: Northwest and southwest corners of Main Street and
Bailey Road, Pearland, TX
P&Z Commissioner Derrick Reed made a motion to recommend approval of the Zone
Change request. The motion was seconded by P&Z Commissioner Mary Starr. The
vote was 6-0 and the motion was approved. Commissioners Reed, Starr, McLane,
McFadden, Fuertes, and Tunstall all voted in favor of the requested zone change.
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Page 10 of 10
Ord. No 2000M-130
Exhibit A
Legal Description
A tract or parcel containing 4.2066 acres or 183,242 square feet of land situated in
the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County, Texas, being
out of a called14.02 acre tract of land conveyed to T. & B. Alexander Family, LTD,
Partnership as recorded under Brazoria County Clerks File No. 98-053938, same
being out of Lot 19 of the L.W. Murdock Subdivision, map or plat thereof recorded
under Volume 29, Page 174 of the Brazoria County Deed Records
Tract 2: A tract or parcel containing 5.7495 acres or 250,450 square feet of land
situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County,
Texas, being out of a called14.02 acre tract of land conveyed to T. & B. Alexander
Family, LTD, Partnership as recorded under Brazoria County Clerks File No. 98-
053938, same being out of Lot 19 of the L.W. Murdock Subdivision, map or plat
thereof recorded under Volume 29, Page 174 of the Brazoria County Deed Records.
Page 6 of 10
Ord. No 2000M-130
Exhibit B
Vicinity Map
Exhibit 2
AERIAL MAP
Zone Change 2014-23Z
West Corner of
Bailey and Main St.
fps r.rm. :. .%.a
L,r ut sss+ gat .rer.4irmml WM,
...rot oda vala onv.+ssM wLtiw Uc.tiem
ywi_i i _._..
1 inch= 471 feet
OOTOSSS CJ14
YJANNIS0 PBFAETM1817
Page 7 of 10
Ord. No 2000M-130
Exhibit C
Legal Ad
NOTICE OF AJOINT PUBLIC HEARING OF
THE CITY COUNCIL
AN D
THE PLANNING ANDZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
ZONE CHANGE APPLICATION NUMBER: 2D14 -23Z
Notice is hereby given that on January 5, 2015 at
5.30 p.m., the City Council and Planning and Zoning
Commission of the City of Pearland, in Brazoria, Harris
and Fort Bend Counties, Texas, will conduct a joint public
hearing in the Council Chambers of City Hall, located at
3519 Liberty Drive, Peariand, Texas, at the request of
Windrose Land Services, Inc., applicant; on behalf of T&B
Alexander Family LTD Partnership, owner, for approval
of a change in zoning from the Heavy Manufacturing (M-
2) zoning district to the General Commercial (GC) zonin
district, on approximately 9.9 acres located on two (2)
tracts of land, to wit:
Tract 1: A tract or parcel containing 42055 acres or
183,242 squame feet of land situated in the A_C.H_ &
B.R.R. Co. Survey, Abstract No. 507, Brazoria County,
Texas, being out of a calledl4.02 acre tract of land
conveyed to T. & B. Alexander Family, LTD, Partnership
as recorded under Brazoria County Clerks File No. 98-
053938, same being out of Lot 19 of the L.W. Murdock
Subdivision, map or plat thereof recorded under Volume
29, Page 174 of the Brazoria County Deed Records
Tract 2: A tract or parcel containing 5.7495 acres or
250,450 square feetof land situated in theA_C_H_ & B.R.R.
Co. Survey, Abstract No. 507, Brazoria County, Texas,
being out of a called14.02 acre tract of land conveyed to
T_ & B. Alexander Family, LTD, Partnership as recorded
under Brazoria County Clerks File No. 98-053938, same
being out of Lot 19 of the LW_ Murdock Subdivision, map
or plat thereof recorded under Volume 29, Page 174 of
the Brazoria County Deed Records
General Location: Northwest and southwest comers of
Main Street and Bailey Road, Peariand, TX
At said hearing, all interested parties shall have the right
and opportunity to appear and be heard on the subject
For additional information, please contact the Planning
Department at 281-652-1755.
Johnna Matthews
City Planner
Page 8 of 10
Ord. No 2000M-130
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
January 6, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change Application No. 2014-23Z
Honorable Mayor and City Council Members:
At their regular meeting on January 5, 2015, the Planning and Zoning Commission
considered the following:
A request of Windrose Land Services, Inc., applicant; on behalf of T&B
Alexander Family LTD Partnership, owner; for approval of a change in zoning
from the Heavy Industrial (M-2) zoning district to the General Commercial (GC)
zoning district, on approximately 9.9 acres of land, on the following described
property:
LEGAL DESCRIPTION: A tract or parcel containing 4.2066 acres or 183,242
square feet of land situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507,
Brazoria County, Texas, being out of a called14.02 acre tract of land conveyed to
T. & B. Alexander Family, LTD, Partnership as recorded under Brazoria County
Clerks File No. 98- 053938, same being out of Lot 19 of the L.W. Murdock
Subdivision, map or plat thereof recorded under Volume 29, Page 174 of the
Brazoria County Deed Records
Tract 2: A tract or parcel containing 5.7495 acres or 250,450 square feet of land
situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County,
Page 9 of 10
Ord. No 2000M-130
Texas, being out of a called14.02 acre tract of land conveyed to T. & B.
Alexander Family, LTD, Partnership as recorded under Brazoria County Clerks
File No. 98-053938, same being out of Lot 19 of the L.W. Murdock Subdivision,
map or plat thereof recorded under Volume 29, Page 174 of the Brazoria County
Deed Records.
GENERAL LOCATION: Northwest and southwest corners of Main Street and
Bailey Road, Pearland, TX
P&Z Commissioner Derrick Reed made a motion to recommend approval of the Zone
Change request. The motion was seconded by P&Z Commissioner Mary Starr. The
vote was 6-0 and the motion was approved. Commissioners Reed, Starr, McLane,
McFadden, Fuertes, and Tunstall all voted in favor of the requested zone change.
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Page 10 of 10
Ord. No 2000M-130
JOINT PUBLIC HEARING
THE CITY COUNCIL CITY AND THE PLANNING AND ZONING COMMISSION OF
THE CITY OF PEARLAND, TEXAS,
MONDAY, JANUARY 5, 2015, AT 6:30 P.M.
COUNCIL CHAMBERS - CITY HALL -3519 LIBERTY DRIVE
I. CALL TO ORDER
II. PURPOSE OF HEARING
Zone Change Application No. 2014-23Z
A request of Windrose Land Services, Inc., applicant; on behalf of T&B
Alexander Family LTD Partnership, owner; for approval of a change in zoning
from the Heavy Industrial (M-2) zoning district to the General Commercial (GC)
zoning district, on approximately 9.9 acres of land, to wit:
Legal Description: Tract 1: Tract or parcel containing 4.2066 acres or 183,242
square feet of land situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507,
Brazoria County, Texas, being out of a called14.02 acre tract of land conveyed to
T. & B. Alexander Family, LTD, Partnership as recorded under Brazoria County
Clerks File No. 98- 053938, same being out of Lot 19 of the L.W. Murdock
Subdivision, map or plat thereof recorded under Volume 29, Page 174 of the
Brazoria County Deed Records
Tract 2: A tract or parcel containing 5.7495 acres or 250,450 square feet of land
situated in the A.C.H. & B.R.R. Co. Survey, Abstract No. 507, Brazoria County,
Texas, being out of a called14.02 acre tract of land conveyed to T. & B.
Alexander Family, LTD, Partnership as recorded under Brazoria County Clerks
File No. 98-053938, same being out of Lot 19 of the L.W. Murdock Subdivision,
map or plat thereof recorded under Volume 29, Page 174 of the Brazoria County
Deed Records.
General Location: Northwest and southwest corners of Main Street and Bailey
Road, Pearland, TX
III. APPLICATION INFORMATION AND CASE SUMMARY
A. STAFF REPORT
B. APPLICANT PRESENTATION
C. STAFF WRAP UP
Page 1 of 2 — 1/5/2015
IV. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED
REQUEST
V. COUNCIL/PLANNING COMMISSION/STAFF DISCUSSION
VI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lorfing, City Secretary, at 281-652-1655 prior to the meeting so that
appropriate arrangements can be made.
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
Proposal
Memo
To: City Council and Planning and Zoning Commission
From: Planning Department
Date: January 5, 2015
Re: Zone Change Application Number 2014-23Z
A request of Windrose Land Services, Inc., applicant; on behalf
of T&B Alexander Family LTD Partnership, owner; for approval
of a change in zoning from the Heavy Industrial (M-2) zoning
district to the General Commercial (GC) zoning district, on
approximately 9.9 acres of land located on the northwest and
southwest corners of Main Street and Bailey Road, Pearland,
TX
The subject property includes approximately 9.9 acres of land, of which the applicant is
requesting a change in zoning from the Heavy Industrial (M-2) zoning district to the
General Commercial (GC) zoning district. According to the applicant's letter of intent,
the purpose of the requested change in zoning is to develop the southwest corner of the
property into a new gas station and convenience store.
The property was split due to the construction of Bailey Road in 2006. The owner of the
property entered into a settlement with the City due to the land split. One of the terms
of the agreement was that staff "will use their best efforts to zone the property General
Commercial," as defined in the City's Unified Development Code (UDC). The proposed
zone change is in conformance with the aforementioned settlement agreement. All
requirements of the UDC are required to be met upon development of the site.
Public Notification/Comment
Staff sent public notices, comment forms and a vicinity map to the applicant, owner of
the property, and to property owners within 200 feet of the site. Additionally, a legal
notice of the public hearing was published in the local newspaper, and a notification
sign was placed on the property by the applicant.
1
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
As of the date of this writing, staff has not received any returned notices from property
owners within 200 feet of the site.
Recommendation
Staff recommends approval of the request to change the zoning of the approximately
9.9 acre site from M-2 to GC for the following reasons:
1. The change in zoning will result in conformance with the approved settlement
agreement signed by the City in April 2006 stating that staff will use their best
efforts to zone the property General Commercial. The proposed zoning of GC on
the subject property is not in conformance with the future land use designation of
the Comprehensive Plan which is "Light Industrial." A commercial node is not
designated at this location due to an existing commercial node, north of this site
at the intersection of Magnolia and SH 35. Additionally, there is land zoned for
commercial on the east side of this intersection. Therefore, staff does not
recommend any additional zoning of land to commercial, in order to preserve
manufacturing zoned land that has future potential to create jobs and add value
to the City, as recommended by the Comprehensive Plan.
2. It is not anticipated that the proposed change in zoning will have significant
negative impacts on surrounding properties or developments.
3. All requirements of the UDC will be met upon development of the property.
Exhibits
1. Staff Report
2. Aerial Map
3. Zoning Map
4. Future Land Use Map
5. Notification Map
6. Notification List
7. Applicant Packet
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
Summary of Request
Exhibit 1
Staff Report
The subject property includes approximately 9.9 acres of land, of which the applicant is
requesting a change in zoning from the Heavy Industrial (M-2) zoning district to the
General Commercial (GC) zoning district. According to the applicant's letter of intent,
the purpose of the requested change in zoning is to develop the southwest corner of the
property into a Gas Station and Convenience Store. All requirements of the Unified
Development Code (UDC) will be met upon development of the site.
Site History
The subject property is currently undeveloped. The property was split due to the
construction of Bailey Road in 2006. The owner of the property entered into a
settlement with the City due to the land split. One of the terms of the agreement was
that staff will use their best efforts to zone the property General Commercial (GC). The
proposed zone change is in conformance with the aforementioned agreement.
The site is surrounded by non-residential uses and non-residential zoning districts. The
below table identifies surrounding uses and zoning districts:
1
Zoning
Land Use
North
Heavy Industrial (M-2)
Undeveloped Industrial
Property
South
Heavy Industrial (M-2)
Undeveloped Industrial
Property
East
General Commercial (GC)
Undeveloped Commercial
Property/Pearland High
School
West
Heavy Industrial (M-2)
Undeveloped Industrial
Property
1
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
Conformance with the Thoroughfare Plan
The subject property has approximately 725 feet of frontage along Main Street and 858
feet of frontage along Bailey Road; both of which are major thoroughfares, which
require 120 feet of right-of-way. It appears from GIS records that the existing right-of-
way at this location, is approximately 120 feet; and therefore is in compliance with the
thoroughfare plan. However, right-of-way dedication will be analyzed at the time of
platting.
Conformance with the Unified Development Code
The property is currently undeveloped. The applicant has plans to develop a portion of
the property with a Gas Station and a Convenience Store. Both uses are permitted
within the proposed GC zoning district. If approved, any subdivision of the property in
the future will be required to conform to the GC standards. The GC requirements can
be found in the provided table below. All other requirements of the UDC, including the
Corridor Overlay District (COD) standards along Bailey Road and Main Street, will be
required to be met.
Size of Lot Required
Minimum Lot Size 22,500 sf.
Minimum Lot Width 150 ft.
Minimum Lot Depth 125 ft.
Conformance with the Comprehensive Plan
The proposed zoning of GC on the subject property is not in conformance with the
future land use designation of the Comprehensive Plan which is "Light Industrial." A
commercial node is not designated at this location due to an existing commercial node,
north of this site at the intersection of Magnolia and SH 35. Additionally, there is land
zoned for commercial on the east side of this intersection. Therefore, staff does not
recommend any additional zoning of land to commercial, in order to preserve
manufacturing zoned land that has future potential to create jobs and add value to the
City, as recommended by the Comprehensive Plan. However, this proposed zoning of
GC is in conformance with the 2006 signed agreement between the City and the
property owner.
2 I
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
Platting Status
The property has not been platted. A plat will be required prior to the issuance of any
building permits for the site.
Availability of Utilities
The subject property has access to public infrastructure. GIS data indicates that water
is available to the site via a 16 -inch waterline along the west side of Main Street and a
24 -inch water line along the north side of Bailey Road. Additionally, there is an existing
30 -inch sewer line along the eastern side of Main Street and a 12 -inch sewer line along
the south side of Bailey Road. Any extension of public infrastructure that may be
required will be extended by the developer and will be assessed during the platting
process.
Impact on Existing and Future Development
The GC zone is not anticipated to have a significant negative impact on future
developments in the area. The surrounding area is zoned for either commercial or
industrial uses. However, Staff has the following concerns:
1. Traffic impact on surrounding area.
a. A Traffic Impact Analysis (TIA) will be required at the time of platting
to ensure all measures are taken to mitigate the impact of additional
traffic on Main Street and Bailey Road.
2. Setting precedence for future rezoning in the area from M-2 to GC.
a. It is important for the city to protect as much property as possible that
is currently zoned Industrial (M -1/M-2). In this case, the City has
previously agreed to make their best effort to rezone the property in
question as General Commercial. Staff's recommendation would be
to not allow this individual case to set precedence for future zoning
cases in the area that would result in the loss of additional industrial
land.
Additional Comments
The request has been reviewed by the City's Development Review Committee (DRC),
and there were no additional comments from other departments at the time of this
report.
31
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
Public Notification
Staff sent public notices, comment forms and a vicinity map to the applicant, the owner
of the property, and to property owners within 200 feet of the subject property under
consideration for the zone change. Additionally, a legal notice of the public hearing was
published in the local newspaper, and a notification sign was placed on the property by
the applicant.
Opposition to or Support of Proposed Request
At the time of this writing, Staff has not received any comments either in opposition to or
in support of the proposed change in zoning request at this time.
Recommendation
Staff recommends approval of the request to change the zoning of the approximately
9.9 acre site from M-2 to GC for the following reasons:
1. The change in zoning will result in conformance with the approved settlement
agreement signed by the City in April 2006 stating that staff will use their best
efforts to zone the property General Commercial. The proposed zoning of GC on
the subject property is not in conformance with the future land use designation of
the Comprehensive Plan which is "Light Industrial." A commercial node is not
designated at this location due to an existing commercial node, north of this site
at the intersection of Magnolia and SH 35. Additionally, there is land zoned for
commercial on the east side of this intersection. Therefore, staff does not
recommend any additional zoning of land to commercial, in order to preserve
manufacturing zoned land that has future potential to create jobs and add value
to the City, as recommended by the Comprehensive Plan.
2. It is not anticipated that the proposed change in zoning will have significant
negative impacts on surrounding properties or developments.
3. All requirements of the UDC will be met upon development of the property.
Exhibit 2
AERIAL MAP
Zone Change 2014-23Z
West Corner of
Bailey and Main St.
This product is for informational purposes and
may not have been prepared for or be suitable
liar legal, engineering. or surveying purposes. li
dues not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 471 feet
OCTOBER 2014
PLANNING DEPARTMENT
Exhibit 3
ZONING MAP
Zone Change 2014-23Z
West Corner of
Bailey and Main St.
This product is for informational purposes and
may not have been prepared for or be suitable
for legal. engineering. or surveying purposes. It
lines not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 471 feet
(OCTOBER 2014
PLANNING DEPARTMENT
Light Industrial
cLO
Density Residential
0\V DR
Medium Density Residential
Business Commercial
Exhibit 4
FLUP MAP
Zone Change 2014-23Z
West Corner of
Bailey and Main St.
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering. or surveying purposes. 1t
dries not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 471 feet
OCTOBER 2014
PLANNING DEPARTMENT
Exhibit 5
NOTIFICATION MAP
Zone Change 2014-23Z
West Corner of
Bailey and Main St.
This product is for informational purposes and
may not have been prepared for or be still able
for legal. engineering, or surveying purposes 11
does not represent an on•the-ground survey and
represents only the approximate relative location
of property boundaries
1 inch = 471 feet
OCTOBER 2014
PLANNING DEPARTMENT
Owner Address City State Zip
JM PROJECTS, LLC PO BOX 2024 FRIENDSWOOD TX 77549
RYAN STEVEN 3714 OAK DALE DR PEARLAND TX 77581
BURNS RICHARD J PO BOX 459 PEARLAND TX 77588
ALEXANDER FAMILY 2411 PARK AVE PEARLAND TX 77581
PEARLAND ISD PO BOX 7 PEARLAND TX 77588
TOWNE LAKE, LP 7918 BROADWAY ST STE 106 PEARLAND TX 77581
A,
Windrose Land Services, Inc
3200 Wilcrest, Suite 325
Houston, Texas 77042
Phone (713) 458-2281 Fax (713) 461-1151
Firm Registration No. 10108800
TO:
City of Pearland
Planning Department
3519 Liberty Drive
Pearland, TX 77581
Professional Development Consultants
Land Surveying, Platting, Project Management an• r• 3epi
ATTN: Johnna Matthews, City Planner
PHONE: 281-652-1740
fcEllf5II�D
LETTER OF TRANSMITTAL
FROM: Andrew
DATE: 12/4/2014
WJN: 49865-22154
FAX:
PROJECT: Zoning Application - M-2 to GC at Main (SH 35) and Bailey
WE ARE SENDING:
SUBMITTED FOR:
ACTION TAKEN:
❑
Shop Drawings
Application
Approval
❑
Approved as Submitted
/.1
Letter
Your Use
—❑ As requested
❑
❑
Approved as Noted
Returned After Loan
Parcel Map
Prints
❑
Change Order
ii,
Review and Comment
❑
Resubmit
—❑
Plans
8
1
Submit
❑
Samples
SENT VIA: TEC
Retumed
❑
Specifications
El Attached
❑
Returned for Corrections
ZOther:
Check
❑ Separate Cover Via: Mail
❑
Due Date:
ITEM#
COPIES
DESCRIPTION
1
1
Application
2
1
Letter of Authorization
3
1
Survey with metes and bounds
4
1
Parcel Map
5
1
Letter of Intent
6
1
Application Fee - $775 Check
7
1
Sign Posting Acknowledgment
8
1
Proof that Applicant is Current on Taxes
Ms. Matthews, please review the zoning submittal package and let me
Than you very much f your assistance.
Andrew Allemand
Project Manager
know if anything further is
Land Surveying•Platting •Project Manageme nt•GIS
www.windroseservices.com
needed.
RECE!VE0
DEC 5 2014
9
ZONE CHANGE APPLICATION Page 1 of 4 Updated October 2012
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
APPLICATION FOR
A CHANGE IN ZONING
Current Zoning District: Heavy Manufacturing (M-2) District with Corridor Overlay District
Proposed Zoning District: General Commercial (GC) District with Corridor Overlay District
Property Information:
Address or General Location of Property: Called 9.9561 acres located at the northwest and southwest corners of
State Highway 35 (South Main Street) and Bailey Road
Tax Account No. Parcel ID - 175985; Geo ID - 0507-0019-000
Subdivision. NA
Lot: NA
Block: NA
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME T&B Alexander Family LTD Partnership
ADDRESS 2411 Park Avenue
CITY Pearland
PHONE( 281
STATE TX
) 507-1412
FAX( 281 ) 4124735
ZIP 77581-4233
E-MAIL ADDRESS attyKRP@aol.com
APPLICANT/AGENT INFORMATION:
NAME Windrose Land Services, Inc.
ADDRESS 3200 Wilcrest, Suite 325
CITY Houston
PHONE( 713
FAX( 713
STATE TX
458-2281
zip 77042
) 461-1151
E-MAIL ADDRESS andrew.allemand@windroseservices.com
*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: LOA attached Date:
Agent's/Applicant's
Signature:
Date: 7 - 4
OFFICE USE ONLY:
FEES
DATE
RECEIVED
RECEIPT
PAID:
PAID:
BY:
NUMBER:
Application No.
ZONE CHANGE/ VARIANCE/ RECORDATION
cF )e one)
BAA or 0; or FE
Description: Input who the check is from
U) O d v O Ssz t - arc 5'-e r vl cp s
COMMENTS/DESCRIPTION (F10): O c'
Location or „n a i o �t&Iletl
Address `�
Applicant (A)/ victor) -P 4-62hd 52c - vice 5
CITY OF PEARLAND
REPRINT
*** CUSTOMER RECEIPT ***
Oper: BDEROSA Type: OC Drawer: 1
Date: 12/05/14 82 Receipt no: 66660
Description Quantity Amount
BA BOARD OF ADJUSTMENTS
1.88 $775.88
Trans number: 4688289
WINDROSE LAND SERVICE
MAIN & BAILEY ZONE CHANGE
Tender detail
CK CHECK
Total tendered
Total payment
19467 $775.88
$775.88
$775.88
Trans date: 12/05/14 Time: 8:85:34
ZONE CHANGE APPLICATION Page 2 of 4 Updated October 2012)
APPLICATION CHECKLIST FOR THE FOLLOWING
• Zone Changes
• Planned Development Districts (PD)
71 Application, filled out completely, and signed by the owner of the property to be
considered for the conditional use permit.
• 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
behalf. Section 1.2.1.1 (a) of the Unified Development Code.
Metes and Bounds Description, (Survey, or a Plat of the property that provides or
contains the metes and bounds description).
[1 Parcel map, printed from the City of Pearland website, indicating the location and
boundaries of the subject property.
F1 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:
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 Tess than 50 acres:
o $ 800.00, plus $25.00 per each type of zoning district requested; or
o $ 850.00 if requesting a Planned Development (PD)
• 50 to Tess than 75 acres:
o $ 850.00, plus $25.00 per each type of zoning district requested; or
o $ 900.00 if requesting a Planned Development (PD)
• 75 to Tess than 100 acres:
o $ 900.00, plus $25.00 per each type of zoning district requested; or
o $ 950.00 if requesting a Planned Development (PD)
• 100 acres and above:
o $ 950.00, plus $25.00 per each type of zoning district requested; or
o $ 1000.00 if requesting a Planned Development (PD)
(l 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)
11 Acknowledgement of the sign to be posted on the property 10 days prior to the public
hearing.
V] Provide evidence or proof that all taxes and obligations have been paid regarding the
subject property.
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.
LETTER OF AUTHORIZATION
Date: December 4, 2014
To: By:
City of Pearland T&B Alexander Family LTD Partnership
Planning Department 2411 Park Avenue
3519 Liberty Drive Pearland, TX 77581-4233
Pearland, TX 77581 (281) 507-1412
(281) 652-1740
C/O: Law Office of Kenneth R. Phillips, PC
Attn: Mr. Kenneth R. Phillips
3322 E. Walnut Avenue, Suite 111
Pearland, TX 77581
0: (281) 412-9003
Re: Land Use Zoning Application - Called 9.9561 Acres, situated in the ACH&B Survey, Section No. 2,
Abstract No. 507 and the Hennell Stevens Survey, Abstract No. 594, located at the southwest and
northwest corners of S Main Street (SH 35) and Bailey Road, City of Pearland, City Limits, Brazoria
County, Texas.
To Whom It May Concern:
The undersigned duly authorized representative of T&B Alexander Family LTD Partnership, the record owner of the
referenced property does hereby authorize Windrose Land Services, Inc. to submit for City review and
consideration, a land use zoning application requesting rezoning of the subject property from Heavy Manufacturing
District (M-2) with Corridor Overlay District (COD) to General Commercial District (GC) with Corridor Overlay
District (COD), said property being wholly located within the corporate limits of the City of Pearland, Brazoria
County, Texas.
enneth R. Phillips, Attorney in t for
T. & B Alexander Family LTD. Partnership
Partner
The State of Texas
County of Brazoria
I, Krystal Kay Muske, a Notary Public in and for the State of Texas, do herby certify that Kenneth R. Philips,
personally came before me this day and acknowledged that he is the Attorney in Fact for T&B Alexander Family
LTD Partnership, a Texas limited partnership, and that he being authorized to do so, has executed the foregoing on
behalf of the partnership.
Witness my hand and official seal, this the 4th day of December, 201
(Personalized Seal)
•�tPY Pf �� KRYSTAL KAY MUSKS
is°�" Notory Public, Stole of Texos
w. My Commission Expires
°; October 17, 2016
Notary Publjc
My Commission Expires:
PARCEL MAP FROM CITY OF PEARLAND WEBSITE
4 -DEC -2014
011 Aa Layers
! OI® Addresses
:tl ❑ Elevabon Layers
Land Marls
D Ulalties
j Ceditel Protects
+. Q .... Manning Layers
0MZorIM9
',(_ JtigCUP_SUP
,c Land Use Plan
Name Value
lard state cd 01
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legal desc A0607 A C H a, B. TRACT 19, ACRES 12 680, PEARLANI
Mea_eddr_c8y PEARLAND
AW_addrline1
Maa_addr_ho 2 2411 PARK AVE
Maa_addrine3
Mat addrstale TX
Maa_addr_zp 77581
Prop_d 175986
py owner_name ALEXANDER T 6 B FAMILY LTD PRTNSHP
sites num
situs street HIGHWAY 35
< i.i <
64
4 519
550
P!
IPx
II
nun
Av Windrose Land Services, Inc
3200 Wilcrest, Suite 325
Houston, Texas 77042
15 E; Phone (713) 458-2281 Fax (713) 461-1151
December 4, 2014
City of Pearland
Planning Department
3519 Liberty Drive
Pearland, TX 77581
(281) 652-1740
Professional Development Consultants
Land Surveying, Platting, Project Management and GIS Services
Firm Registration No. 10108800
Re: Letter of Intent to Rezone Called 9.9561 Acres, situated in the ACH&B Survey, Section No. 2,
Abstract No. 507 and the Hennell Stevens Survey, Abstract No. 594, located at the southwest and
northwest corners of S Main Street (SH 35) and Bailey Road, City of Pearland, City Limits, Brazoria
County, Texas.
To Whom It May Concern:
On behalf of and as the duly authorized representative of the record owner of the above referenced property, T&B
Alexander Family LTD Partnership (the "Owner"), Windrose Land Services (the "Applicant") hereby requests that
the City of Pearland rezone the subject property from Heavy Manufacturing District (M-2) with Corridor Overlay
District (COD) to General Commercial District (GC) with Corridor Overlay District (COD).
The Owner desires the requested GC zoning in order to market the property as a viable location for suitable
commercial and retail development. Currently, the Owner has a potential buyer of a portion of the 5.7495 acre tract
at the southwest of the intersection. This buyer wishes to develop a similar use to the recently constructed Shell fuel
station and Jack in the Box food service that is located just north of the Owner's site at the northwest intersection of
Magnolia Road and SH 35 - an M -21M-1 zoned area within the same Light Industrial Comprehensive Plan area.
The proposed use is consistent with the Light Industrial designation of the City's Comprehensive Plan. Fuel service
and food service facilities are essential to supporting the Industrial Park/Foreign Trade environment that the City is
seeking to foster. It is common development practice to reserve the land at major intersections within industrial and
manufacturing centers for general commercial uses (e.g. retail, restaurant, fuel service, office). This practice ensures
that the industrial and manufacturing facilities have the commercial services in close proximity that they need to
support their employment base. As an example, many of the employees in manufacturing/industrial positions do not
have a full hour for lunch or to shop for convenience items. If the land at these high-intensity, high -traffic locations
is not actually zoned General Commercial then dedicated manufacturing and industrial uses will encroach on these
areas and have a negative impact on the long-term viability of the corridor. In other words, sensibly placed
commercial zoning is necessary to support manufacturing corridors. Given its location at the intersection of a
Freeway (State Highway 35) and a Major Thoroughfare (Bailey Road) as designated on the City's Thoroughfare
Plan, the subject property is extremely viable for a General Commercial zoning designation. The site has immediate
access to adequate water and sanitary sewer infrastructure. On-site storm sewer infrastructure will be provided that
is consistent with abutting roadway and storm sewer systems.
In addition to the justifications already noted, there is a standing settlement agreement with the City that they agree
with and will work towards rezoning the subject property to a General Commercial zoning district. This agreement
dates back to 2006 when the right-of-way for Bailey Road was acquired from the Owner.
Sincer.
Andrew Allemand, A.I.C.P.
Director of Planning
Windrose Land Services, Inc.
Apr 06 2006 S:27F1r1 HP L.RS
April 6, 2006
Mr. Tom Alexander
2411 South Paris
Pearland, TX 77581
14,1E
FAX
Re: Ciry of Pearland 7 &
Dear Torn:
The Pearland City Counc
a settlement in the above-refere
March 24, 2006 letter signed by
The City of Pearland is bound
acknowledge Council approval
Enclosure
Dallas 1\4373957\1
42827-1 3!29/2006
1rIAA
A idr
bytl
BAlexarzder Family L d. Partnership, et al.; CI033035
on February 27, 2006 in executive session and authorized
natter. Th terms of the settlement are reflected in the
w Edison and Arthur Anderson attached as Exhibit "A".
e terms stated in Ex. ibit "A", and I am authorized to
signature liereinbelo
CITY OF PEARLAND
By:
Bip Eisen
Its: City Manager
3519 LIBERTY DRIVE • PI 1Z 4 ., TEXAS Ti 581 •281-65:1600 • www.cLpcariand tx.as
Tinted on Recyaed Paper i,
p.2
MAR. 24. 2,106 9:37AM BRACEWELL & GIUL:ANI NO.5758 P. 2
CEWELL
11111 IJ_P ..
March 24, 2006
Mr, Art Anderson
Winstead Sechrest & Minick P.C.
5400 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270-2199
Andrew M. Edison
Partner
711 Lnulaiana Street, Suitt 2300
Houston, Texas 77002-2770
Office 713.221.1371
Fax 713.221.2144
andrew,edisou@bracewcllgiuham nam
11y Facsimile
Re Cause No. CI033035; City of Pearland v. T. & B. Alexander Family Ltd.
Partnership, et al.; In the County Civil Court at Law No• 1 of Brazoria County,
Texas
Dear Art:
This letter confirms our agreement to settle the above -referenced litigation an the following
terms:
1. Defendants agree to the entry of a final judgment awarding fee simple title to the
property described in the condemnation petition to the City of Pearland,
2. The City of Pearland will pay Defendants a total of S713,772.00. Because
S312,073.00 has already been deposited into the registry of the court, the City of Pearland will
issue a check for $401,699.00 to Defendant T&B Alexander Family Ltd. Partnership.
3, The City of Pearland and its staff will use their best efforts to zone the property
General Commercial Development (as defined in the City of Pearland's Unified Development
Code) or a similar district requested by the landowner.
4. Curb and median cuts. The City of Pearland agrees, to allow at least one full
median cut on Bailey/Oiler on the Property. In addition, the City will use its bast efforts to
accomplish reasonable variances from city regulations to allow the maximum number of
available access points to both remainder tracts on Bailey Road and SH 35 -- so long as the
proposed variances do not adversely impact public safety.
Toms New Yak Washington, QG Linden Xnzakhstan
MAR. 2& 2006 9:37AM BRACEWEL_ 8 GIULIANI Na 5758 P. 3
RACEWELL
JULIANI >ip
Mr, Art Anderson
March 24, 2006
Page 2
5. Fill dirt. Subject to existing city regulations, the City of Pearland will allow any
dirt removed from the Bailey Oiler right of way to be deposited on the property for the purpose
of raising elevation. It will be the responsibility of the Alexanders to spread and/or grade dirt,
The City of Pearlandmakes no warranties as to the quality of the fill dirt.
6. Drainage. The City of Pearland will design the storm drainage capacity for the
Bailey/Oiler Extension to accommodate the drainage requirements for the Property to a depth of
150 feet on both sides of the Bailey right-of-way on the property to a .6 runoff coefficient. The
depth will be measured from the Bailey/Oiler Extension, not State Highway 35, to the rear of
each of the remainder tracts.
If this letter accurately sets forth our agreement, please sign below and fax back to me at
(713) 221-2144. If, for any reason, this letter does not accurately set forth our agreement, please
call me immediately at (713) 221-1371.
Very truly yours,
Bracewell & Gi ani LLP
ot
Andrew M. Edison
Art Anders
AME/cd
ALEXANDER PROPERTY
AFTER THE TAKING
9.96 ACRES
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SOUTH
REMAINDER
62.6 ram
ZONE CHANGE APPLICATION Page 4 of 4 Updated October 2012)
POSTING OF ZONING NOTIFICATION SIGNS
ON PROPERTY UNDER CONSIDERATION
FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT)
Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP),
or a variance shall be required to erect and maintain a sign(s), to be inspected by the City,
upon the property for which a variance or zoning change has been requested.
Such sign(s) shall be located as follows:
(1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting
street, or as determined by the City.
(2) So as to be clearly visible and readable from the public right-of-way and not
obstructed in any manner.
(3) So as not to create a hazard to traffic on the public rights-of-way abutting the property.
(4) On the subject property at least ten (10) days prior to the hearing of such zoning
change request by the Planning and Zoning Commission, and to remain continuously
on said property until final action by the City Council or withdrawal of the case by the
applicant. Removal of the sign by the applicant prior to a recommendation by the
Planning and Zoning Commission and/or a final decision by the City Council shall
constitute a withdrawal of the request.
(5) The signs shall be as follows:
• A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4 feet
• At least 2 feet above the ground
• Blue or black lettering that is a minimum of 3 inches by 1/2 inch, on a white
background
• Message content as follows:
PROPOSED (SPECIFY REQUEST)
Contact City of Pearland
281-652-1768
*Signs must be professionally made; handwritten signs are not allowed.
*Signs must be freestanding and cannot be attached to a tree, fence, or
buildi
Ackowledg`ment signature
-Gig'
Date
Brazoria CAD - Property Details
Brazoria CAD
Property Search Results > 175985 ALEXANDER T & B FAMILY LTD PRTNSHP for Year 2014
Property
Account
Property ID:
Geographic ID:
Type:
Property Use Code:
Property Use Description:
Location
Address:
Neighborhood:
Neighborhood CD:
Owner
Name:
Mailing Address:
Values
175985
0507-0019-000
Real
HIGHWAY 35
PEARLAND,
ABSTRACT 1990 AND NEWER
SPL.N
Page 1 of 2
Legal Description: A0507 A C H & B, TRACT 19, ACRES 12.680, PEARLAND
Agent Code:
Mapsco:
Map ID:
ALEXANDER T & B FAMILY LTD PRTNSHP Owner ID: 260856
2411 PARK AVE % Ownership: 100.0000000000%
PEARLAND, TX 77581-4233
(+) Improvement Homesite Value:
(+) Improvement Non-Homesite Value:
(+) Land Homesite Value:
(+) Land Non-Homesite Value:
(+) Agricultural Market Valuation:
(+) Timber Market Valuation:
(=) Market Value:
Exemptions:
$o
$0
$0
$0
$317,000
so
$317,000
(—) Ag or Timber Use Value Reduction: — $315,730
(=) Appraised Value:
(—) HS Cap:
$1,270
$0
(_) Assessed Value: _ $1,270
Taxing Jurisdiction
Owner: ALEXANDER T & B FAMILY LTD PRTNSHP
% Ownership: 100.0000000000%
Total Value: $317,000
Entity
CAD
CPL
DR4
GBC
RDB
SPL
Description
BRAZORIA COUNTY APPRAISAL DISTRICT
CITY OF PEARLAND
BRAZORIA COUNTY DRAINAGE DISTRICT #4 (PEARLAND)
BRAZORIA COUNTY
ROAD & BRIDGE FUND
PEARLAND INDEPENDENT SCHOOL DISTRICT
Total Tax Rate:
Ag / Timber Use Value
$1,270
$0
Tax Rate
0.000000
0.712100
0.156000
0.438500
0.060000
1.415700
2.782300
Appraised Value
51,270
$1,270
51,270
51,270
$1,270
$1,270
Taxable Value
51,270
$1,270
$1,270
$1,270
$1,270
$1,270
Taxes w/Current Exemptions:
Taxes w/o Exemptions:
Estimated Tax
50.00
59.04
$1.98
$5.57
50.76
$17.98
535.33
$35.34
http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=51 &prop_id=175985 12/4/2014
Brazoria CAD - Property Details Page 2 of 2
Improvement / Building
No improvements exist for this property.
Land
Type Description Acres Sqft Eff Front Eff Depth Market Value Prod. Value
1 A4 IMPROVED PASTURE 12.6800 552340.80 0.00 0.00 5317,000 $1,270
Roll Value History
fYear Improvements Land Market Ag Valuation Appraised HS Cap Assessed
2015 N/A N/A N/A N/A N/A N/A
2014 $0 5317,000 1,270 1,270 50 51,270
2013 $0 5317,000 1,400 1,400 $0 51,400
2012 $0 5317,000 1,400 1,400 50 $1,400
2011 $0 5317,000 1,400 1,400 50 $1,400
2010 50 5317,000 1,400 1,400 50 51,400
2009 $0 $317,000 1,270 1,270 50 51,270
2008 50 5317,000 1,210 1,210 $0 51,210
2007 50 5317,000 1,210 1,210 50 51,210
2006 50 $152,160 1,200 1,200 $0 51,200
2005 $0 5152,160 1,200 1,200 50 51,200
2004 $0 $152,160 1,200 1,200 50 51,200
2003 50 5177,520 1,200 1,200 50 51,200
2002 $0 588,760 1,270 1,270 50 51,270
2001 50 588,760 1,270 1,270 $0 $1,270
Deed History - (Last 3 Deed Transactions)
# Deed Date Type Description Grantor Grantee Volume Page Deed Number
1 12/14/1998 WD WARRANTY DEED ALEXANDER T & B 98 053938 0
THOMAS P ALEXANDER
ESTATE FMLY LTD
PRTNSP
Website version: 1.2.2.7
Questions Please Call (979) 849-7792
Database last updated on: 12/1/2014 9:25 PM t0 N. Harris Computer Corporation
http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=51 &prop_id=175985 12/4/2014
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