R-2015-160 2015-09-14RESOLUTION NO. R2015-160
A Resolution of the City Council of the City of Pearland, Texas,
directing staff to prepare service plans for the proposed annexation
of approximately 242 acres located in the city's extraterritorial
jurisdiction (Area 2).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council hereby directs staff to prepare service plans for
the proposed annexation of the areas more particularly depicted in Exhibit "A", attached
hereto.
PASSED. APPROVED, AND ADOPTED this 14t" day of September, A.D.. 2015.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2015-160
Exhibit "A"
EXHIBIT "A"
AREA 2
METES AND BOUNDS DESCRIPTION
242 ACRES MORE OR LESS OUT OF
LOTS 1, 2, 11, 21, 31, 32, 41 AND 51
SECTION 24, GEORGE C. SMITH SURVEY
ABSTRACT 549 AND
LOTS 1, 11, 21, 31, 41 AND 51, SECTION 25
H.T. & B. R.R. COMPANY SURVEY, ABSTRACT 245
AND LOTS 1, 11 AND 21, SECTION 26
GEORGE C. SMITH SURVEY, ABSTRACT 550
BRAZORIA COUNTY, TEXAS
The above described 242 acres of land, more or less being generally located in Lots 1, 2, 11, 21,
31, 32, 41 and 51, Allison Richey Gulf Coast Home Company Subdivision, Section 24,
according to the plat thereof as recorded in Volume 2, Page 89 Brazoria County Plat Records,
George C. Smith Survey, Abstract 549 and Lots 1, 11, 21, 31, 41 and 51, Allison Richey Gulf
Coast Home Company Subdivision, Section 25, according to the plat thereof as filed in Volume
2, Page 10 Brazoria County Plat Records, H.T. & B. R.R. Company Survey, Abstract 245 and
Lots 1, 11 and 21, Allison Richey Gulf Coast Home Company Subdivision, Section 26,
according to the plat thereof as filed in Volume 12, Page 129 Brazoria County Plat Records,
George C. Smith Survey, Abstract 550, Brazoria County, Texas; the north line being the south
line of City of Pearland Ordinance No. 826 which is parallel with and 30' south of the north line
of Abstracts 549, 245 and 550; the west line being parallel with and 100' east of the west line of
said Abstract 549 and being common with City of Pearland Ordinance No. 31 and the east line
being common with City of Pearland Ordinance No. 826 (called to be the west right-of-way line
of Pearland Sites Road (Veterans Drive) based on 60' width);
All that certain 242 acres of land, to be annexed into the City of Pearland and being all or portion
of Lots 1, 2, 11, 21, 31, 32, 41 and 51, Section 24, George C. Smith Survey, Abstract 549, and
being all of or part of Lots 1, 11, 21, 31, 41 and 51, Section 25, H.T. & B. R.R. Company
Survey, Abstract 245 and all of or part of Lots 1, 11 and 21, Section 26, George C. Smith
Survey, Abstract 550, Brazoria County, Texas and being more particularly described by metes
and bounds as follows;
Commencing at a point marking the common northwest corner of said Section 24, Abstract 549
and the northeast corner of Section 23, Abstract 290; Thence Easterly - 100', more or less, with
the north line of said Abstract 549 to a point for corner; Thence Southerly - 30', more or less,
with City of Pearland Ordinance No. 31 and a line 100' east of the west line of said Abstract 549
to the POINT OF BEGINNING of herein described tract;
1. Thence Easterly - 13,070', more or less, with the south line of City of Pearland Ordinance
No. 826 which is parallel with and 30' south of the north line of Abstracts 549, 245 and 550
to a point for corner;
2. Thence Southerly — 796', more or less, with the common line of City of Pearland Ordinance
No. 826 to a point for comer;
3. Thence Westerly — 2,629', more or less, with the south line of the following tracts as filed in
Clerk's File Numbers 2014-054242, 95-010836, 2002-031974 and 2006-06144 as filed in the
Official Records of Real Property of Brazoria County to a point for comer marking the
southwest corner of that certain tract as described in a deed dated 12-10-2014 from Elbert
Eugene Thomas, Jr. to William E. Thomas and Sandra Sheffield as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2014-054242 said point
also being located on the west line of said Section 26, George C. Smith Survey, Abstract 550;
4. Thence Northerly — 414', more or less, with the west line of said Abstract 550 to a point for
corner marking the southeast corner of that certain tract as described in a deed dated
11-06-2014 from Hai Xuan Tran to Oak Valley Mobile Home Park, LLC. as filed in the
Official Records of Real Property of Brazoria County at Clerk's File Number 2014-048224;
5. Thence Westerly — 420', more or less, with the south line of said Oak Valley Mobile Home
Park, LLC. tract to a point for comer marking the southwest comer of said Oak Valley
Mobile Home Park, LLC. tract;
6. Thence Southerly — 414', more or less, with the east line of that certain tract as described in a
deed dated 03-31-1989 from Kathleen O'Connell Scott to John Frazier, et al. as filed in
Volume (89) 663, Page 307 Brazoria County Official Records to a point for comer marking
the southeast corner of said Frazier tract;
7. Thence Westerly — 2,207', more or less, with the south line of said Frazier tract and the south
line of said Lots 31, 41 and 51, Section 25, Abstract 245 to a point marking the southwest
corner of that certain tract as described in a deed dated 06-09-2004 from Pete Raymond
Garcia to Carlos Alfaro as filed in the Official Records of Real Property of Brazoria County
at Clerk's File Number 2004-034290 to a point for comer marking the southeast comer of
said Alfaro tract;
8. Thence Northerly — 171', more or Tess, with the west line of said Alfaro tract to a point
marking the southeast comer of that certain tract as described in a deed dated 12-14-2004
from Bennice A. Meyer to Milton F. Meyer as filed in the Official Records of Real Property
of Brazoria County at Clerk's File Number 2004-074655;
9. Thence Westerly — 880', more or less, with the south line of said Milton F. Meyer tract to a
point on the west line of said Lot 21, Section 25, Abstract 245;
10. Thence Southerly — 70', more or less, with the west line of said Lot 21, Section 25, Abstract
245 to a point for corner;
11. Thence Westerly — 436', more or less, with the south line of that certain tract as described in
a deed dated 02-25-2015 from Estello Soliz to Reynaldo D. Soliz, Jr. et ux. as filed in the
Official Records of Real Property of Brazoria County at Clerk's File Number 2015-008265
to a point for corner marking the southwest comer of said Reynaldo D. Soliz, Jr. et ux. tract;
12. The Southerly — 101', more or less, with the east line of that certain tract as described in a
deed dated 03-23-2007 from Jackie Ann Hill to Raymond Allen Hill as filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2007-025890 to a point
for comer marking the southeast corner of said Hill tract;
13. Thence Westerly — 1,333', more or less, with the south line of said Lots 11 and 1, Section 25,
Abstract 245 to a point for corner;
14. Thence Southerly — 5', more or less, with the east line of said Lot 51, Section 24, Abstract
549 to a point for comer marking the southeast comer of said Lot 51;
15. Thence Westerly — 1,745', more or less, with the south line of said Lot 51 and said Lot 41 to
a point for corner marking the southwest corner of said Lot 41;
16. Thence Southerly — 165', more or less, with the east line of that certain tract as described in a
deed from Elo Mitchel, Jr. et al. to James R. Brashier, et ux. as filed in the Volume (86)263,
Page 188 Brazoria County Official Records to a point for corner;
17. Thence Westerly — 655', more or less, with the south line of said Brashier tract to a point for
corner marking the southwest corner of said Brashier tract;
18. Thence Northerly — 165', more or less, with the west line of said Brashier tract, to a point for
corner;
19. Thence Westerly — 1,104', more or less, with the south line of said Lot 21, Section 24,
Abstract 549 to a point marking the southwest comer of said Lot 21;
20. Thence Westerly — 880', more or less, with the south line of said Lot 11, Section 24, Abstract
549 to a point for comer marking the southwest comer of said Lot 11;
21. Thence Southerly — 495', more or less, with the east line of said Lot 2, Section 24, Abstract
549 to a point for comer marking the southeast comer of said Lot 2;
22. Thence Westerly — 780', more or less, with the south line of said Lot 2 to the east line of City
of Pearland Ordinance No. 31 and said point being 100' east of the southwest comer of said
Lot 2;
23. Thence Northerly — 1,295', more or less, with City of Pearland Ordinance No. 31 and a line
100' east of the west line of said Abstract 549 to the POINT OF BEGINNING and
containing 242 acres of land more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not be used to convey or establish interest in real property except those
right and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared."
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by: C.L. Davis & Company
Job Number: 11-421-141-2015 Annexation Area 2 M&B (R2) - 08-27-2015
06-22-2010
REVISED: 06-28-2010
REVISED: 08-27-2015
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR AREA 2 — Two hundred and twenty nine (229) acres of land,
generally located South of Bailey Road, East of Manvel Road, and West of Veterans Road, in
Pearland, Brazoria County, Texas.
INTRODUCTION
This Service Plan ("Plane) is made by the City of Pearland, Texas ("City") pursuant to Chapter
43 of the Local Government Code ('the Act"). This Plan relates to the annexation by the City, by
petition of the owner, of land located adjacent to the city limits and encompassing approximately
233 acres in Brazoria County, Texas. The Tract is described by metes and bounds in "Exhibit
A-1", and by map in "Exhibit A-2" which are attached to this Plan and to the annexation
ordinance of which this Plan is a part.
II. TERM: EFFECTIVE DATE
This Plan will be in effect for a term of ten years commencing on the effective date of the
annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may
be exercised by the adoption of an ordinance by the City Council, which refers to this Plan and
specifically renews this Plan for a stated period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (I) the Early Action Program,
described below, and (II) a Capital Improvement Program according to the Texas Local
Government Code. Chapter 43, described below.
B. Scope and Quality of Services. This Plan will provide a level of services, infrastructure,
and infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance currently provided and available in other
parts of the municipality with topography, land use, and population density similar to the
Tract. However, it is not the intent of this Plan to require that a uniform level of services
be provided to all areas of the City (including the Tract) where differing characteristics of
topography, land utilization and population density are considered as sufficient basis for
providing differing service levels.
C. Definitions.
1. As used in this Plan, "providing services" includes having services provided by any
method or means by which the City extends municipal services to any other area of
the City. This may include causing or allowing private utilities, governmental
entities and other public service organizations to provide such services, in whole or
part.
2. As used in this Plan, the phrase "Standard Policies and Procedures' means those
policies and procedures of the City applicable to a particular service which are in
effect either at the time that the service is requested or at the time that the service is
made available or provided. The policies and procedures may require that a specific
Page 1 of 7
type of request be made, such as an application or a petition. They may require that
fees or charges be paid, and they may include eligibility requirements and similar
provisions.
D. Early Action Program
1. Statutory Services. The statutory services will be provided within the Tract within
the period that meets or exceeds that required by State law. The following services
will be provided in accordance with Standard Policies and Procedures immediately
upon the effective date of the annexation:
a. Police Protection: The Police Department of the City will provide protection
and law enforcement in the Tract. These activities will include normal patrols
and responses, the handling of complaints and incident reports, and, as
appropriate, support by special units of the Department.
b. Fire Protection: The Pearland Fire Department (PFD) of the City of Pearland
will continue to serve the area.
c. Emergency Medical Service: Currently, the tract is service by the Pearland
Emergency Medical Service (EMS) under an agreement with the county.
Pearland Emergency Medical Service (EMS) will continue to provide
emergency medical service to the Tract.
d. Solid Waste and Recycle Collection: Service will be provided to eligible
property by private contractor, under contract with the City. To be eligible for
City solid waste and recycled collection service. property must have frontage
on a public street or other approved location and place solid waste in
containers approved for the specific type of occupancy. Any person currently
being serviced by a privately owned solid waste or recycling management
service provider may continue to use that service for two years after the
effective date of the annexation. Those who receive services from city's solid
waste and recycling collection contractor will be billed for the service, in
accordance with the contract between the city and the solid waste contractor.
e. Operation and Maintenance of Water and Wastewater Facilities: Existing
public water and wastewater facilities, if any. will be operated and maintained
by the City or by private contractor under contract to the City.
f. Operation and Maintenance of Road and Streets (including lighting): Existing
public roads and streets (including county roads), and lighting and traffic
control devices, if any, will be operated and maintained by the City, subject to
the jurisdiction of other governmental entities. State highways and farm -to -
market roads remain the primary responsibility of the Texas Department of
Transportation, for instance. Existing roadside drainage ditches not
maintained under the jurisdiction of another entity (such as Texas
Department of Transportation) will be operated and maintained by the City.
g.
Operation and Maintenance of Parks, Playgrounds and Swimming Pools:
Existing public parks, playgrounds, and swimming pools, if any, will be
operated and maintained by the City. Facilities owned and operated by
Page 2 of 7
homeowner's associations (HOAs) will continue to be owned and operated by
the respective HOAs.
h. Operation and Maintenance of Any Other Publicly Owned Facility, Building or
Service: Existing publicly owned or operated facilities, buildings, or services,
if any, will be operated and maintained by the City or by private contractor
under contract to the City.
2. Additional Services. Certain services, in addition to the statutory services, will be
provided in accordance with Standard Policies and Procedures within the Tract to the
same extent they are provided to similar territories elsewhere in the City. These are
as follows:
a. Library Service will be provided from existing facilities and future facilities
outside the Tract. Residents of the Tract will be eligible for borrowing
privileges at City/County libraries on the same basis as current residents.
b. Health services will be provided by the City Health Department to area
residents and businesses. Health services include City inspection of
restaurants and groceries and Animal Control.
c. Code Enforcement personnel will enforce the City's housing code and
ordinances against junk motor vehicles, high weeds, unsafe buildings, and
illegal dumping of refuse.
d. Other City Services, to the extent applicable to persons or properties within
the Tract, in accordance with standard policies and procedures will be
provided.
E. Capital Improvement Program
As necessary, the City will initiate the construction of certain capital improvements
necessary for providing municipal services for the Tract. Those improvements, which
are necessary, are indicated below. Access to the improvements will be in accordance
with Standard Policies and Procedures. The improvements shall be completed as soon
as reasonably possible and shall be substantially completed within the time period
indicated below.
1. Police Protection: Additional capital improvements are not necessary at this time
to provide police protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
2. Fire Protection: Additional capital improvements are not necessary at this time to
provide fire protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
3. Emergency Medical Service: Additional capital improvements are not necessary
at this time to provide emergency medical service. The Tract will be included
Page 3 of 7
with other territory in connection with planning for new, revised, or expanded
public safety facilities.
4. Solid Waste Collection: No capital improvements are necessary at this time to
provide solid waste collection services within the Tract. The Tract will be included
with other territory in connection with planning for new revised or expanded solid
waste facilities.
5. Water and Wastewater Facilities: Additional capital improvements are not
necessary at this time to service the tract. The cost of future connections to
available water and sewer lines will be the responsibility of the Tract owners, as it
is within the existing City utility system following standard policies and
procedures. Impact fees also will be assessed at the time of future connections
to the City's utility system or upon issuance of building permits for lots developed
within the Tract.
The City will make wastewater treatment capacity in existing or future wastewater
treatment plants built and operated by the City available for the Tract.
Construction of facilities to collect and transmit wastewater to treatment plants will
occur as development occurs in and around the tract. Facilities will be
constructed by either the city or private developer.
The city will make potable water capacity available from existing or future sources
built and operated by the City available to the Tract. The City currently operates
its own ground water wells and purchases wholesale surface water via contract
from third parties. Construction of facilities to collect and transmit water to the
tract will occur as development occurs in and around the tract. Facilities will be
constructed by either the city or private developer.
6. Roads and Streets (including lighting): Additional roads, streets, or related
facilities are not necessary at this time to serve the tract. Future extensions or
widening of roads or streets and future installation of related facilities, such as
traffic control devices or street lights will be undertaken in accordance with
Standard Policies and Procedures. The Tract will be included with other territory
in connection with planning for new, revised, widened, or enlarged roads, streets,
or related facilities.
7. Parks. Playgrounds, and Swimming Pools: Additional capital improvements are
not necessary at this time to provide such services to the Tract. The Tract will be
included with other territory in connection with planning for such facilities.
8. Other Publicly -Owned Facilities, Building or Services: All other City functions and
services, and the additional services described above. can be provided for the
Tract by using existing capital improvements. Additional capital improvements
are not necessary to provide City services, but the Tract will be included with
other territory in connection with planning for new. revised, or expanded facilities.
buildings. or services.
Page 4 of 7
II. AMENDMENT: GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Act or other controlling
law. Neither changes in the methods nor means of implementing any part of the service
programs nor changes in the responsibilities of the various departments of the City will
constitute amendments to this Plan and the City reserves the right to make such changes. This
Plan is subject to and will be interpreted when in accordance with the Act, the Constitution and
laws of the federal governments of the United States of America and the State of Texas, and the
orders, rules and regulations of governmental bodies and officers having jurisdiction.
III. FORCE MAJEURE
Should a force majeure interrupt the service described herein, the City will resume services
under this Plan within a reasonable time after the cessation of the force majeure. "Force
Majeure," for the purpose of this Plan will include. but not be limited to, acts of God. acts of the
public enemy. ware blockades. insurrection, riots. epidemics, landslides, lightning, earthquakes,
fire, storms, floods, washouts, droughts. tornadoes, hurricanes, arrests and restraints of
government, explosions, collisions and other inability of the City, whether similar to those
enumerated or otherwise, which is not within the control of the City.
IV. ENTIRE PLAN
This document contains the entire and integrated Service Plan relating to the Tract. and
supersedes all other negotiations, representations, plans and agreements, whether written or
oral.
Page 5of7
EXHIBIT A-1
City of Pearland
229 Acres
Proposed Bailey Road Annexation Area No. 2
Metes and bounds
Page 6 of 7
EXHIBIT A-2
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Page 7 of 7
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
3519 Liberty Drive
Pearland, Texas 77581
Tel: 281.652.1768
pearlandtx.gov
Possible Bailey Road Annexation
Areas 1 & 2
Frequently Asked Questions
1. Why is the City considering annexing my property?
Through annexation, the City will be better able to manage the anticipated growth in the
area and ensure future development happens in accordance with city and state codes in
a manner that is beneficial to everyone. Annexation of the area by the City will also
ensure that development occurs in a safe and orderly manner. The City is undertaking a
major road and associated utility improvement of Bailey Road beginning summer 2015
(see question 23).
2. How will annexation affect my property values? Will my property value go down?
Property values, for tax purposes, are determined by the Brazoria County Appraisal
District (BCAD). BCAD indicated to staff that annexation itself does not typically have an
impact on property values. If the city were to make infrastructure improvements in the
future, such as the Bailey Road improvement project, those improvements may increase
property values. In most cases, annexation and subsequent zoning helps to stabilize and
enhance property values. Please call the Brazoria County Appraisal District at 281.756-
1388 with questions regarding to the valuation of your property.
3. What would be the benefits to being annexed?
Benefits to the residents:
The benefits of being annexed include services such as police protection. solid waste
collection, operation and maintenance of drainage facilities, operation and maintenance
of streets (including lighting), operation and maintenance of parks, playgrounds and
swimming pools, health services. animal and code enforcement services. Fire
department services, including ambulance. area already provided to the City's ETJ area
in anticipation of annexation. Additionally, certain facilities and programs have a lesser
fee for residents as compared to non-residents. For example, annual family
membership to the Recreation/Natatorium facility is $400 for residents and $600 for non-
residents.
Page 1 of 9 July 2015
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
Zoning of properties, subsequent to annexation, has several advantages such as orderly
growth, and adjacency predictability. Zoning regulations address a number of issues that
safeguard the quality of life for residents. For example, one of the issues addressed is
buffer requirements between commercial and residential uses that assist in mitigating
the undesirable impacts of adjacent non -compatible uses. Zoning also helps in ,
maximizing development potential in a manner that is beneficial to all. Please see
question 13 for more information about zoning.
Also, being annexed into the city will provide you with a say in how things are done, by
voting in city elections and serving on city boards and commissions.
Benefits to existing taxpayers:
Annexation will benefit current residents by helping to keep the cost of services provided
low, due to the expanded tax base with new property incorporated. Further, current
Pearland residents will no longer be subsidizing services in this area, as the new
residents will be paying their share for services and amenities (such as Fire and
Emergency Medical Services) that are already available to them by inter -local
agreements or otherwise.
Benefits to the City:
Through annexation, the City will be better able to manage the anticipated growth in the
area and ensure future development happens in accordance with city and state codes in
a manner that is beneficial to everyone. Annexation of the area by the City will also
ensure that development occurs in a safe and orderly manner. Some examples of
regulations that will be possible due to annexation and beneficial to residents include
restriction on curb cuts. zoning requirements, traffic regulations. signals at critical
intersections, animal control, and code enforcement.
4. If annexed, how much property tax will I have to pay? How is the property tax
calculated?
Contact the Brazoria County Appraisal District 281.756.1388 in order to determine the rate
and exemptions for your specific property. The city tax rate (currently 71.21 cents per $100
valuation) will be applied to that value. The City of Pearland has a variety of exemptions
including Homestead, Over 65 Homestead, Disabled Persons and Disabled Veterans. In
addition, persons with Over 65 Homestead exemption or Disabled Persons have the city
taxes frozen at the amount of their first year's obligation. Typically, properties annexed
into the city would need to pay city taxes in addition to other taxes. However. the property
values will be assessed in January 2016 and annexed home/business owners will not
receive a tax bill from the city until October 2016. The following chart shows some of the
exemptions available.
Page 2 of 9
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS
ACCOUNTABLE
Based on Appraised Value of $100,000
Exemption
City Tax (Yearly)
Appraised Value
$712.10
With Homestead Only
$676.50
With Over 65*
$391.66
With Disabled Persons*
$391.66
With Disabled Veteran (Min.)*
$640.89
With Disabled Veteran (Max.)**
$591.04
*Including Homestead
**Max. of $12,000
City of Pearland's Exemptions
Exemption
Exemption Amount
Homestead
2.5% of Appraised Value (min. $5,000)
Over 65 Homestead*
$40,000
Disabled Persons*
$40,000
Disabled Veterans
$5,000 to $12,000
*Persons may not receive both a Disability and Over 65 exemption
*Persons can receive both a Homestead and an Over 65 or Disabled exemption
** Based on disability rating from the VA; 100% exemption of appraised value if 100%
disabled
Sources: Brazoria County Tax Appraisal District, City of Pearland
5. How are the City of Pearland tax dollars utilized?
Of the 71.21 cents for each $100 valuation of the property, 49 cents is utilized to pay
debt service for capital improvements such as streets, drainage, public facilities, and
parks. The other 22.21 cents is utilized for recurring costs to make available public
safety services, community services (code enforcement, animal services, etc.) and to
provide operation and maintenance of streets, drainage, and parks.
Debt Service Tax Rate for Appraised Value of $100,000
Infrastructure, Streets & Drainage $367.50
Facilities & Parks $122.50
Total $490.00
Operation & Maintenance Tax Rate for Mean Appraised Value $ 100,000
General Government $39.97
Public Safety $144.36
Public Works & Engineering $13.34
Parks & Recreation $24.43
Total $220.10
Note: These numbers are based on the City's 2015 Fiscal Year's budget
Page 3 of 9
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
6. If annexed, will my address change?
No. The annexation process will not change any addresses.
7. If my property is annexed, when is the annexation effective?
If Pearland City Council proceeds with the current schedule and ultimately approves the
annexation, the annexation would be effective 10 days following the signing of the
ordinance on October 26. 2015. Prior to that, there will be two public hearings on
September 14, 2015 and September 28, 2015.
8. If annexed, can I continue to have my home or business?
Yes. You can continue to have your home or business after annexation. If the use is in
conformance with the zoning applied to the property, you may continue the current use
of the property and expand in the future. If the single family residential use or structure
and/or commercial use or structure does not conform to the zoning requirements, then
the use may be continued in its current state, as a non -conforming use, unless
abandoned for more than six months, or if the structure is destroyed by fire or storm.
Approval of a Conditional Use Permit (CUP) or a Special Exception (SE) will permit
expansion of a non -conforming use. resumption of a use that is discontinued for more
than 6 months, or rebuilding of a structure that is destroyed to an extent of more than 5
percent of its value. Similar processes are in place to address non -conformities related
to the building code through the Building Official.
9. I bought this property with the intention of building a commercial use or house;
will I still be able to do that if annexed?
You may be able to proceed with your plans under one of the following circumstances:
a. If the building or use is in conformance with the zoning applied to the property after
annexation, then you may be able to build with a valid building permit.
b.
If the use or building is not in conformance with zoning, then you may be able to use
the property as intended by you, provided that an appropriate permit for the intended
use has been obtained prior to annexation and is valid at the time of construction.
c. If a permit has not been issued, and the property is not in conformance with zoning,
approval of Conditional Use Permit (CUP). zone change, or a Special Exception (SE)
may permit the use of the property as intended.
Page 4 of 9
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
10.1 bought this property and got a building permit from the county. Can I still move
forward with my project if annexed?
Yes. If you have obtained a building permit from the county and you start construction
prior to the expiration of the permit, you may proceed with your project as long as the
permit is still valid.
11. If annexed, will all existing commercial and industrial businesses be asked to stop
operating or to be torn down?
No. The uses will be able to continue to exist as they are upon annexation into the City
of Pearland.
There may be the following possibilities:
a. If the uses are permitted by the zoning applied to the property, the uses can expand
and grow.
b. If the uses are not in conformance with zoning. and are current and operating at the
time of annexation, the uses can continue in their current state, unless discontinued
for six months, or the building in which they operate is destroyed by fire or storm.
c. Approval of a Conditional Use Permit (CUP) or a Special Exception (SE) will permit
expansion of a non -conforming use, resumption of a use that is discontinued for
more than 6 months, and rebuilding of a structure that is destroyed to an extent of
more than 50 percent of its value.
Similar processes are in place to address non -conformities related to the building code
through the Building Official.
12. If annexed, can I expand my industrial activity?
You may be able to expand your industrial activity, if it meets the requirements of the
zoning category which is assigned to the property. If the existing activity is not in
conformance. then a Conditional Use Permit (CUP) or a Special Exception (SE) may be
requested, which will allow you to expand the activity in the future.
13. What will my property be zoned if annexed?
Zoning and annexation are two separate processes. The City of Pearland will meet with
the property owners and gather input from the Pearland City Council and the Pearland
Planning and Zoning Commission to determine the best way to zone the subject properties
during the annexation process. However, the zoning process will not commence until after
the annexation is completed.
The city will attempt to create a zoning scheme that will allow existing uses to continue (if
desired by the residents), minimize non -conformities. but will allow the area to ultimately
Page 5 of 9
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
transition to the uses recommended in the future Land Use Plan, that serves as a guide
for future development and growth of the City.
If you have any zoning questions. please contact the Planning Division at 281.652.1768.
14. When will I get City water and sewer?
Water and sewer installation dates will be determined according to the current Capital
Improvement Project (CIP) Schedule for each individual area. The current 5 -year CIP
shows 18" water lines being constructed along Veterans Drive and FM1128, south of
Bailey Road. If future development creates a need, then, the services may be extended
at that time. Please view the most current schedule on the CIP web -page. For further
information please call Public Works at 281.652.1900.The City water and sewer are fee
based services provided to the users of the water/sewer system. The Water and sewer
system is not funded through property taxes.
15. Will I have to pay water and sewer impact fees if annexed?
Impact fees are due only when the property is connected to the city's water and sewer
systems. Any new users need to pay these impact fees.
16. Will I have to abandon my water well and septic system upon annexation?
No. As long as you continue to use your current septic system and well, with no
changes. you do not need to abandon these. If the system fails or if you plan an
expansion that the current system cannot handle, then, you may be required to connect
to the city's system if available.
17. I already have EMS, and Fire services. How will annexation enhance these
services?
The services provided by the Fire Department will continue. Additionally, the Fire
Marshal's office will provide the following services after annexation:
• Enforcement of city ordinance as applied to fire code, enforcement of 2012 Life
Safety Code and 2012 International Fire Code as applied to new and existing
business occupancies.
• Review of plans when submitted for new construction, tenant occupancies and
installation of fire protection systems.
• Fire inspections of new construction, tenant occupancies and new fire protection
systems.
• Routine fire inspections of all existing business occupancies including foster care
homes.
• Perform fire inspections of residential homes, if requested by the owner.
Page 6 of 9
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
• Investigations of all fires to determine origin and cause.
• Respond to all fire hazard complaints including enforcement of illegal burning and
illegal fireworks.
• Respond to and enforce environmental crimes.
• Abatement of unsafe, dangerous, and dilapidated structures.
• Provide public awareness and education of fire prevention and emergency
management.
18. Will annexation enhance the services provided by the Police Department to this
area?
Yes. The response times to calls for police service should generally improve, especially
in the highest priority calls where a life is in danger. The Pearland Police Department
assigns its officers in small geographical districts where there are normally two or three
officers assigned to each of these areas at any given time. The response time for an
emergency call where life is in danger is well below the national average.
Annexation will also improve the safety of your neighborhood. Officers assigned to
districts take responsibility for their areas and perform preventative patrols within their
neighborhoods during their discretionary time. The Pearland Police Department also
has a traffic unit that provides routine neighborhood traffic enforcement and responds to
specific reported problems in the neighborhoods as well. Having a dedicated community
services division of the Police Department will help you make your home more secure.
Officers from the Community Services Division are trained to conduct home security
surveys. These surveys, done at the request of the residents, identify security issues in
and around the home and offer homeowner's tips to make their homes less vulnerable to
crime. Homeowners that successfully pass these surveys are eligible to receive a
discount from participating insurance providers. This service is available at no cost to
homeowners.
After your home is secure, the Community Services Division can help to make your
neighborhood safer. Officers from the Community Services Division can help
communities set up Neighborhood Watches. Through citizen involvement, communities
can successfully deter criminals from targeting their areas. The only expense related to
starting a Neighborhood Watch is the cost of graffiti -resistant signs.
19. What other services are provided by Pearland Police Department's Criminal
Investigations Division?
The Crime Victim's Services Unit also assists in coordinating services and benefits
through the State Attorney General's Office. In addition, Victim Services provides
resources for victims of Sexual Assault and other offenses. The benefits include court
advocacy services.
The Pearland Police Department's Criminal Investigations Division also coordinates the
registration of Sex Offenders within the City. The services include quarterly audits of
every sex offender within the city to insure compliance with the registration requirement.
CID also determines whether or not an offender is compliant with the City Ordinance
restricting the locations where an offender may reside
Page 7 of 9
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
20. If my property is annexed, how will it affect my garbage collection?
For the first two years after annexation, you will be able to use your current trash
collection service. During this time. the city may not prohibit collection by a private trash
collection company and cannot impose any fee for solid waste management services if
there is a private trash collection contract. You can sign up for city's garbage collection
service if there is no private contract for trash pickup or if you wish to switch service.
In order to receive collection services, an application must be made with the City to
establish an account. City collection services are as follows: garbage is collected twice
a week. and curbside cart recycling. green waste, and heavy pickup are once a
week. The City's contractor also provides for curbside Household Hazardous Waste
Collection, by appointment, free of charge. Residents will be billed for the services on a
monthly basis in accordance with the current fees. Currently the monthly garbage fee is
$17.48 per month. Please contact Water Billing & Collections Department at
281.652.1603 or go online to make application under 'Utility Billing' at
cityofpearland.com
The account requires a $50 deposit and a $30 new account fee, however if you make
application for service within the next 6 months these fees will be waived.
21. I have animals on my property. How will annexation affect the keeping of
animals?
The city ordinance allows you to have up to three dogs and/or cats. If you register all of
your pets with the city prior to the effective annexation date, you are allowed to keep
those animals, even if you have more than three dogs and/or cats. As the pet lives out
its normal life span they cannot be replaced, if you have more than three at the time of
annexation. If your pets are not registered by the effective annexation date. the city
ordinance would still allow three pets.
Similarly, you can keep the livestock that you have until it passes. If you have more
livestock than that permitted by the city, and the additional livestock is removed for more
than 30 days, then only the number of animals permitted by the ordinance would be
allowed. The City ordinance allows for one horse per half acre and cattle is limited to
one per one acre of land. Goats require a permit. Poultry would be permitted with
certain restrictions. Guineas, peafowl. and swine are not permitted within the city limits.
You would have to provide information on all animals on the property and maintain them
according to city's ordinances and state law. The city will also enforce our leash law on
all animals, similar to the county ordinance. Typically, the city will work with you and
give newly annexed areas a minimum of thirty days to come in compliance, or longer if
needed. if your animals are registered. Similar to county and state requirements, city will
require that animals are vaccinated for rabies.
Page 8 of 9
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
22. If I choose to repair/replace mechanical, electrical or plumbing systems or
remodel/add to my existing buildings, will building permits be required if annexed
by the City?
Yes. To ensure the health and safety of the City of Pearland's building occupants. the
City Council has adopted the 2012 International Building Code family of codes to
regulate repair/replacement, remodeling and new construction activity within the city's
corporate limits. This is done through the use of building permits.
Please discuss your specific interest with an Inspection Services Division representative
for detailed information.
23. When will Bailey Road be constructed? What will be the width of the road, and
will there be sidewalks? Will sound walls be included as part of this project?
Construction will begin in fall of 2015 and is expected to last for 24 months. Bailey Road
will be a major thoroughfare with a minimum 120' right of way, with 4 lane concrete curb
and gutter boulevard section with raised medians and left turn lanes. There will be a 10 -
foot mixed use path on the north side of the project. Three sound walls will be installed
along Lawrence Place and Park Village Estates subdivisions.
Page 9 of 9
RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE
Memo
8/6/2015
To: Mayor and City
Council members
To: Clay Pearson, City Manager Recap of additional public info outreach with the
open house for Bailey Road Annexation.
Matt Buchanan, Executive Director Separately. the construction award for Bailey
Road by us is expected August 24 (project
described last week by Cara Davis).
mmClay
http //pearlandtx.gov/departments/community-development/
Date: August 4, 2015 j planning/bailey-road-annexation-1247
From: Lata Krishnarao. Director of
Re: Bailey Road Annexation Update
Staff conducted an open house regarding the forthcoming Bailey Road Annexation consideration on
July 23, 2015, at the Recreation Center, located at 4141 Bailey Road, Pearland. There were 66
citizens that signed in and over 70 were in attendance.
Attendees included residents of the annexation areas along with a few other interested individuals,
including the Houston Chronicle. and P&Z Chairperson Henry Fuertes. There were 14 tables set up
with staff representatives from the following divisions: City Secretary, Planning, Inspection Services.
Communications, Fire Marshal, Code Enforcement, Police, Municipal Courts, Parks & Recreation,
Animal Control, Utility Billing, Projects, Engineering and Finance. Director of Community
Development Lata Krishnarao presented a brief overview of the areas, process, and information
regarding services and taxes. Each division had maps and other relevant information at their tables.
Communication Manager Sparkle Anderson and her team took photos and Deputy City Manager Jon
Branson and other staff assisted with questions. Citizens were directed to the city departments that
would best address their questions.
During conversations with staff, it appeared that there were some residents in favor (regulation of
uses) and some opposed (primarily taxes) to the annexation. Staff received one Public Comment
Card. and three families signed up for One -on -One meetings. One email has been received to date
inquiring about the annexation.
Staff has modified the schedule for future steps, as follows, to prevent conflicts with the
hearings for 2016 budget adoption.
Staff Actions
Open House
Individual Meetings with residents
July 23. 2015
July - August 2015
Council Action
Council Formal Directive to Prepare Service Plan September 14, 2015
Public Hearings
First Public Hearing
Second Public Hearing
October 12, 2015
October 19, 2015
Page 1 of 2
City Council consideration
Readings
First Reading of the Annexation Ordinance
Second Reading of the Annexation Ordinance
November 9, 2015
November 23, 2015
Based on the requirements of the Texas Local Government Code, and previous maps of the
Pearland's municipal boundaries, the eastern part of Bailey Road annexation area has been
eligible to be incorporated into the City limits since 1960, and the western part since 1997.
Six areas, including the subject areas along Baily Road, were identified in 2010 as being appropriate
for annexation. as part of the 2010 Comprehensive Plan update. Annexation proceedings
commenced at that time. However, at the second reading, the Council directed staff to postpone the
proceedings to coincide with Bailey Avenue road widening project. The residents were notified of the
2010 proceedings and the postponement, as part of the proceedings at that time.
The modified schedule, the presentation at the open house, and other information has been posted
on the web site.
c: Darrin Coker
Trent Epperson
Page 2 of 2
Residents pack hearing to protest Pearland annexation - Ilouston Chronicle
HOUSTON
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HOUSTON
Residents pack hearing to protest Pearland annexation
Dozens fear Pearland plans will destroy rural oasis
By Mihir Zaveri I August 1. 2015 Updated: August 1. 2015 8:22pm
0
Photo Gary Coronado. Staff
Mary Spencer reminisces about planting an Arizona ash tr
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8/6/2015
Residents pack hearing to protest Pearland annexation - Houston Chronicle 2
Forty-five years ago, Mary Spencer moved to rural northern Brazoria County to escape the city, its crime, its rules
and its taxes.
She liked that she felt free to leave her gate open, her door rarely locked, and that only cicadas and crickets
punctuated the silence.
The city was a world away, across acres of open fields and roaming cattle. New Rule Has Drivers Furic.js
Now, Spencer fears her rural dream will be shattered. Pearland seems intent
on annexing 3 acres she owns south of Bailey Road as well as hundreds
more on the city's southern side.
For Pearland, the plan to annex the more than 470 acres - the first city -
initiated annexation in years - is necessary to make sure the inevitable
growth and development play by city rules. New residents will be eligible for
a slew of city services.
US drivers who drive less than 50 mi/day
are in for a big surprise .'continued herej
For Spencer and dozens of others living on a patchwork of properties, it
means paying more money for something they never asked for, that they were looking to escape.
While some communities have clamored for annexation as their populations and problems grow, resistance has been
the more familiar scenario across greater Houston. Rosenberg's annexations of thousands of acres in Fort Bend
County between 2011 and 2013 roused a campaign by residents to stop them. A group of residents in Montgomery
County is suing Conroe over 19 annexations the city conducted over the past two years.
"It really makes you think, why did I ever come to the country?" Spencer said.
'How do we stop this?'
Pearland introduced the plans to many residents for the first time at a public presentation July 23, in a multi-purpose
room on the city's south side.
Booths for police, fire, waste management and other city services lined the edges of the room, intended to give
future residents information on the services they could get once they become part of the city.
Almost 100 residents gathered, the vast majority angry. At the end of the city's presentation, Bruce Kirby stood up
in the back. "How do we stop this annexation from going further?"
Audience members yelled in agreement.
James Thurmond, director of the master's of public administration program at the University of Houston who spent
three decades in city management including in Missouri City, said rarely do those being annexed support the
annexation.
"Most of the times they don't want to be annexed," he said. "Really, they've got a great deal. They're benefiting from
the city being there, and they don't have to pay its taxes."
Thurmond said cities need to weigh the benefits of the land - the anticipated sales tax and property taxes - and
compare them to the time and cost of holding public hearings like the one in Pearland.
For Pearland, the benefits are expected to be high. The city is working on a project to widen Bailey Road and
anticipates increased commercial and re
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Residents pack hearing to protest Pearland annexation - Houston Chronicle 3
Krishnarao pointed out that residents in this area would get additional police protection, animal control and zoning to
city standards.
But for residents like Spencer, the benefits don't outweigh the costs. The city's property tax rate, which residents in
the proposed annexation areas do not currently pay, is 71 cents per $100 of property valuation. On a home valued
at $100,000, this would be just more than $700 per year.
Thurmond said in general annexations have slowed since 1999, when state law restricted how and when cities could
annex, in part because of Houston's highly publicized attempt to annex Kingwood. But in some areas near Houston,
growth and development have prompted a renewed focus and renewed controversy. Between 2011 and 2013, for
example, Rosenberg went through more than a dozen annexations to help fund overextended city services and to
"manage growth by applying city standards in rural areas that are beginning to develop," said Travis Tanner,
executive director of Rosenberg's community development department.
Many residents of those areas packed public hearings in opposition.
'Creeping' subdivisions
Conroe also is embarking on an ambitious annexation plan. The Montgomery County community - the sixth -fastest-
growing city with a population over 50,000 according to the U.S. Census Bureau - has about 20 or so annexations
set to be announced later this year.
The city initiated a similar number of annexations over the past two years.
"We have been more aggressive than we have ever been," said Nancy Mikeska, Conroe's assistant director of
community development. "I anticipate that will be a trend that continues."
But a group of residents has sued Conroe to void 19 annexations from the past two years, citing inappropriate
descriptions of parcels and alleging that the city grabbed land it was disallowed to by law.
In Pearland, the city has tentatively scheduled the annexation to become effective in November. Two public hearings
are scheduled for Sept. 14 and Sept. 28, and city leaders are meeting with property owners this month. The City
Council needs to approve the plan.
For Spencer, the whole process has come too soon and is moving too quickly.
She owns the 2 acres she lives on and another acre where her neighbor lives south of Bailey Road. A dirt road leads
into her property, a collection of buildings, grass and trees. Old vehicles, antiques, furniture and garden equipment
lie along the buildings.
Homes in Spencer's neighborhood are big lots, spread far apart. Trees and grass of different heights and shades
grow with little conformity. The fences are wire or chain-link, if any.
Across Bailey Road, a subdivision with cookie -cutter homes has replaced the fields and cows Spencer remembers
from four decades ago. All the homes have brick exterior with small, green lawns and maybe a tree or two. Fences
are wooden and tall.
Spencer has seen what she calls the "creeping" subdivisions multiply over the years. They have been a significant
part of Pearland's explosive growth story over the past decade and a half when the city more than doubled in size to
the more than 100,000 residents it has now.
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Residents pack hearing to protest Pearland annexation - Houston Chronicle 4
But she is determined not to march with it.
leg Mihir ZaverI
Reporter
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FEASIBILTY REPORT
CITY INITIATED ANNEXATION —
Bailey Road Annexation Area 2- Approximately two hundred and forty two (242)
acres of land, generally located south of Bailey Road, east of Manvel Road, and
west of Veterans Road.
LOCATION:
The subject land is generally located in the south central part of the City.
The subject land is bounded by Bailey Road on the north, privately owned
land within the ETJ on the south, Manvel Road on the west and Veterans
Drive on the east. The subject land is in City of Pearland's ETJ in
Brazoria County.
Refer to Attachment 1 for property location and boundaries.
DEMOGRAPHICS:
The area under consideration has a mix of single-family and mobile home
residential along with commercial uses. A survey conducted by staff in
June of 2015, indicated that eighty-three (83) single-family residences
exist in the subject area.
CURRENT USE OF LAND:
The subject area has single-family residential uses, commercial uses,
agricultural land, and vacant and undeveloped tracts.
The subject area has 136 parcels totaling 229 acres in area. Total
acreage of parcels being used for single family residential is approximately
158 acres with 22 acres used for commercial use and total acreage of
undeveloped land being approximately 49 acres.
Refer to Attachment 1 for current land uses.
SURROUNDING LAND:
Surrounding land immediately to the south is similar in character to the
subject land and consists of predominantly single-family residential and
undeveloped land with some commercial uses.
To the north of the subject land is Bailey Road. North of Bailey Road
there are a number of single family residential developments along with
areas of large lot single family homesteads, all within the city limits.
1
Surrounding land immediately to the west and east of the subject land
consists of predominantly large lot single-family residential and vacant
land.
ACCESSIBILITY:
The subject land has access by the following major roadways:
1. Bailey Road, which runs along the northern boundary of the
annexation area.
2. Veterans Drive that runs north south along the eastern edge of the
annexation area.
3. Manvel Road that runs north and south along the western edge of the
annexation area.
4. McLean Road that runs north and south west of Veterans Drive.
DEVELOPMENT STATUS: (Percentage of land developed)
As mentioned earlier the subject land has a mix of Commercial, single-
family residential, and undeveloped land.
Number of developed parcels
Area of developed parcels
Number of undeveloped parcels
Area of undeveloped parcels
Total number of parcels
Total area
= 111
= 180 Acres
= 26
= 62 Acres
= 136
= 242 Acres
Area of undeveloped land = 49 Acres (21 % of total land
area)
VALUATION:
Brazoria County Assessor records indicate that the subject land consists
of 136 parcels. The total acreage of land within these parcels is 229
acres. Total market value of all the properties amounts to
$14,791,640.00.
LOCATION WITHIN MUD:
The subject land is not located within any MUD.
COMPREHENSIVE PLAN RECOMMENDATIONS:
The 1999 Comprehensive Plan, updated in 2004 and 2010, designates
Area 2 as Low Density Residential, with 3 minor commercial nodes along
Bailey Road at the intersections with Veterans Drive, Harkey Road, and
Manvel Road. Lots of 8,800 square feet or larger in size are considered
appropriate in Low Density Residential Areas. These recommendations
area carried over in the proposed 2015 Comprehensive Plan. The 2015
Plan also identifies this area as being appropriate for short term
annexation (1-5 years) based on value added relative to cost to serve the
area; service provision; growth and economic development potential; and
statutory and strategic considerations.
THOROUGHFARE PLAN RECOMMENDATIONS:
The Thoroughfare Plan in the 1999 Comprehensive Plan designated
Bailey Road and Manvel Road as Major Thoroughfares to be developed
with a 120 foot right of way. Harkey Road and Veterans Drive are
designated as Secondary Thoroughfares to be developed with a 100 foot
right of way. McLean Road, which runs north and south through the
annexation area, is designated as a Major Collector to be developed with
an 80 foot right of way.
POSSIBLE USES OF LAND IF IT IS NOT ANNEXED AND DEGREE OF
CONFORMANCE TO THE COMPREHENSIVE PLAN OF THOSE LAND USES:
It is staff's opinion, that if the land is not annexed it will continue to grow in
an unplanned manner. Currently there are no safeguards to buffer
incompatible uses (single-family residential and manufacturing). The
existing situation of incompatible uses located in close proximity to each
other will be exacerbated by unplanned growth. Development of
appropriate infrastructure and services for expansion and growth of both
residential and non-residential uses would be uncertain if the land is not
annexed.
This unplanned growth will have a negative effect on the development of
surrounding land that is currently under the City's jurisdiction. New
investment and development of land, adjacent to the subject land will be
curtailed and impeded due to uncertainties of surrounding development.
City's efforts at Planning for the area as discussed earlier as per the
Comprehensive Plan and Thoroughfare Plan will be negatively affected as
the existing land uses, streets and general development pattern in the
subject land are not in conformance with the recommendations in the
City's Comprehensive Plan and Unified Development Code and the
Unified Development Code.
3
IMPACT OF ANNEXATION — LONG TERM AND SHORT TERM:
In the long term this annexation of the subject land will enable City of
Pearland to plan for this area in accordance with the Comprehensive Plan
and encourage diverse economically beneficial uses. The annexation will
assist the City is developing this area along a major thoroughfare of which
the city is in the process of expanding and improving greatly.
In the short term the annexation will encourage new investment in the
area and allow for reinvestment that meet city zoning codes.
If the land is not annexed, unregulated piecemeal development will
continue to occur along Bailey Road.
RECOMMENDATIONS:
It is staff's recommendation that the City should pursue annexation and
prepare a service plan for the subject area.
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