Ord. 2000M-0170 2018-05-14 Ordinance No. 2000M-170
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 property, Lot 60: Being a
9.998 acre (435,525 square feet) tract of land being all of Lot 60, of Allison
Richey Gulf Coast Home Company's Subdivision of Section 19, H. T. B. &
RR Co Survey, A-243, Brazoria County, Texas according to the map or plat
thereof as recorded in Volume 2, Page 23 & 24 of the Map Records of
Brazoria County (M.R.B.C). Lot 61: Being a 9.996 acre (435,445 square feet)
tract of land being all of Lot 61, of Allison Richey Gulf Coast Home
Company's Subdivision of Section 19, H. T. B. & RR Co Survey, A-243,
Brazoria County, Texas according to the map or plat thereof as recorded in
Volume 2, Page 23 & 24 of the Map Records of Brazoria County (M.R.B.C).
Lot 62: Being a 9.996 acre (435,445 square feet) tract of land being all of Lot
62, of Allison Richey Gulf Coast Home Company's Subdivision of Section 19,
H. T. B. & RR Co Survey, A-243, Brazoria County, Texas according to the
map or plat thereof as recorded in Volume 2, Page 23 & 24 of the Map
Records of Brazoria County (M.R.B.C). (North of West Gate Street, east of
Cullen Parkway, south of Hawke Meadows Road, and west of Avalon
Terrace Subdivision, Pearland, TX.) Zone Change Application No. ZONE
17-00023, a request of Houston Memorial Gardens Cemetery, applicant, on
behalf of Sophie Allbritton, represented by Carolyn Gamble POA for owner of
Lot 60, Estate of Blanche Gore, represented by Richard R. Royall for owner
of Lot 61, Evelyne L. Brown, Cynthia Kirkland, Ind. executrix for owner of Lot
62; for approval of a change in zoning from a Suburban Residential-12
(SR-12) to a Planned Development (PD) (Houston Memorial Gardens
Cemetery Planned Development) zoning district; on approximately 29.99
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, Houston Memorial Gardens Cemetery, applicant, on behalf of
Sophie Allbritton, represented by Carolyn Gamble POA for owner of Lot 60, Estate of
Blanche Gore, represented by Richard R. Royall for owner of Lot 61, Evelyne L. Brown,
Cynthia Kirkland, Ind. executrix for owner of Lot 62; is requesting approval of a change
in zoning from a Suburban Residential-12 (SR-12) to a Planned Development (PD)
zoning district on approximately 29.99 acres of land on the following described property;
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 19th day of March 2018, 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 3rd day of April 2018, the Planning and Zoning Commission
submitted its report and recommendation to the City Council regarding the proposed
change in zoning from a Suburban Residential-12 (SR-12) to a Planned Development
(PD) zoning district on approximately 29.99 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 23rd day of April 2018 and
the 14th day of May 2018; 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 Houston Memorial Gardens Cemetery, applicant, on behalf of
Sophie Allbritton, represented by Carolyn Gamble POA for owner of Lot 60, Estate of
Blanche Gore, represented by Richard R. Royall for owner of Lot 61, Evelyne L. Brown,
Cynthia Kirkland, Ind. executrix for owner of Lot 62; for approval of a change in zoning
Page 2 of 10
Ord. No. 2000M-170
from a Suburban Residential-12 (SR-12) to a Planned Development (PD) zoning district;
on approximately 29.99 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 being located within the Suburban
Residential-12 (SR-12), is hereby granted a change in zoning to a Planned
Development (PD) zoning district, and the Houston Memorial Gardens Planned
Development attached hereto and made a part hereof for all purposes as Exhibit "E", in
accordance with all conditions and requirements of the current Unified Development
Code and the following conditions approved by the City Council and incorporated for all
purposes, such property being more particularly described as:
Legal Description: Lot 60: Being a 9.998 acre (435,525 square feet) tract of
land being all of Lot 60, of Allison Richey Gulf Coast Home Company's
Subdivision of Section 19, H. T. B. & RR Co Survey, A-243, Brazoria County,
Texas according to the map or plat thereof as recorded in Volume 2, Page 23 &
24 of the Map Records of Brazoria County (M.R.B.C). Lot 61: Being a 9.996 acre
(435,445 square feet) tract of land being all of Lot 61, of Allison Richey Gulf
Coast Home Company's Subdivision of Section 19, H. T. B. & RR Co Survey, A-
243, Brazoria County, Texas according to the map or plat thereof as recorded in
Volume 2, Page 23 & 24 of the Map Records of Brazoria County (M.R.B.C). Lot
62: Being a 9.996 acre (435,445 square feet) tract of land being all of Lot 62, of
Allison Richey Gulf Coast Home Company's Subdivision of Section 19, H. T. B. &
RR Co Survey, A-243, Brazoria County, Texas according to the map or plat
thereof as recorded in Volume 2, Page 23 & 24 of the Map Records of Brazoria
County (M.R.B.C).
General Location: North of West Gate Street, east of Cullen Parkway, south of
Hawke Meadows Road, and west of Avalon Terrace Subdivision, Pearland, TX.
Section II. The City Council of the City of Pearland finds and determines that the
Page 3 of 10
Ord. No. 2000M-170
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 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
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. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 23rd day of April,
2018.
TOM REID
MAYOR
Page 4 of 10
Ord. No. 2000M-170
ATTEST:
\.`Q► i i iii,�l'�
NG
YS•1'ETAR '
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 14th
day of May, 2018.
TOM REID
MAYOR
ATTEST: f.32'O`e
0b ', 1
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MA IA E. RODRIGUE R
DEP I Y CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 10
Ord. No. 2000M-170
Exhibit A
Legal Description
Lot 60: Being a 9.998 acre (435,525 square feet) tract of land being all of Lot 60, of
Allison Richey Gulf Coast Home Company's Subdivision of Section 19, H. T. B. & RR
Co Survey, A-243, Brazoria County, Texas according to the map or plat thereof as
recorded in Volume 2, Page 23 & 24 of the Map Records of Brazoria County (M.R.B.C).
Lot 61: Being a 9.996 acre (435,445 square feet) tract of land being all of Lot 61 , of
Allison Richey Gulf Coast Home Company's Subdivision of Section 19, H. T. B. & RR
Co Survey, A-243, Brazoria County, Texas according to the map or plat thereof as
recorded in Volume 2, Page 23 & 24 of the Map Records of Brazoria County (M.R.B.C).
Lot 62: Being a 9.996 acre (435,445 square feet) tract of land being all of Lot 62, of
Allison Richey Gulf Coast Home Company's Subdivision of Section 19, H. T. B. & RR
Co Survey, A-243, Brazoria County, Texas according to the map or plat thereof as
recorded in Volume 2, Page 23 & 24 of the Map Records of Brazoria County (M.R.B.C).
Page 6 of 10
Ord. No. 2000M-170
Exhibit B
Vicinity Map
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4 rr_ 7��" ,. Zoning and Aerial Map
-�� C-Mt I �f .1,111`■ Houston Memorial
/x'1111- u --;',6, - : • ,..,.¢.; ....-.----- Cemetery PD Addendum
■ AiisitMlilrill111i1t::...; 1= ZONE 17-00023
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Exhibit C
Legal Ad
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:ZONE 17-00023
Notice is hereby given that on March 19,2018,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 Houston Memorial Gardens Cemetery,applicant,on behalf of Sophie
Allbritton. represented by Carolyn Gamble POA for owner of Lot 60, Estate of
Blanche Gore,represented by Richard R.Royal)for owner of Lot 61,Evelyne L.
Brown, Cynthia Kirkland, Ind. executrix for owner of Lot 62;for approval of an
addendum to an existing Planned Development changing zoning from a
Suburban Residential-12 (SR-12) to a Planned Development (PD) (Houston
Memorial Gardens Cemetery Planned Development)zoning district;on approxi-
mately 29.99 acres of land.to wit:
Lot 60:
Being a 9.998 acre(435,525 square feet)tract of land being all of Lot 60,
of Allison Richey Gulf Coast Home Company's Subdivision of Section 19.
H.T. B. & RR Co Survey.A-243,Brazoria County,Texas according to the
map or plat thereof as recorded in Volume 2, Page 23 &24 of the Ma
Records of Brazoria County(M.R.B.C).
Lot 61:
Being a 9.996 acre(435,445 square feet)tract of land being all of Lot 61,
of Allison Richey Gulf Coast Home Company's Subdivision of Section 19,
H.T. B.&RR Co Survey.A-243,Brazoria County,Texas according to the
map or plat thereat as recorded in Volume 2, Page 23 & 24 of the Map
Records of Brazoria County(M.R.B.C).
Lot 62:
Being a 9.996 acre(435,445 square feet)tract of land being all of Lot 62,
of Allison Richey Gulf Coast Home Company's Subdivision of Section 19.
H.T B. &RR Co Survey.A-243,Brazoria County,Texas according to the
map or plat thereof as recorded in Volume 2, Page 23 & 24 of the Mac
Records of Brazoria County(M.R.B.C).
General Location: North of West Gate Street,east of Cullen Parkway, south of
Hawke Meadows Road,and west of Avalon Terrace Subdivision,
At sad 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.
Martin Griggs
Senior Planner
Page 8 of 10
Ord. No. 2000M-170
Exhibit D
Planning and Zoning Commission Recommendation Letter
` 9
giCU O
EAR .AND
Planning &
Zoning Conifflission
Recommendation Letter
April 3, 2018
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581 •
Re: Recommendation on Zone Change Application No. ZONE 17-00023
Honorable Mayor and City Council Members:
At their regular meeting on April 2, 2018, the Planning and Zoning Commission
considered the following:
A request of Houston Memorial Gardens Cemetery, applicant, on behalf of
Sophie Allbritton, represented by Carolyn Gamble POA for owner of Lot 60,
Estate of Blanche Gore, represented by Richard R. Royall for owner of Lot 61,
Evelyne L. Brown, Cynthia Kirkland, Ind. executrix for owner of Lot 62; for
approval of a change in zoning from a Suburban Residential-12 (SR-12) to a
Planned Development (PD) (Houston Memorial Gardens Cemetery Planned
Development) zoning district; on approximately 29.99 acres of land.
General Location: North of West Gate Street, east of Cullen Parkway, south of
Hawke Meadows Road, and west of Avalon Terrace Subdivision, Pearland, TX.
Following from the postponed action of March 19th, P&Z Commissioner Mary Starr
made a motion to amend the original motion to include staff's recommendations 1 thru
4, P&Z Commissioner David Selsky seconded the motion to amend. The motion to
amend passed 7-0. The amended motion passed by a vote of 7-0. P&Z Chairperson
Daniel Tunstall, P&Z Vice-Chairperson Thomas Duncan, and P&Z Commissioners
Layni Cade, Derrell Isenberg, Troy Pradia, David Selsky, and Mary Starr voted in favor
of the motion.
Page 9 of 10
Ord. No. 2000M-170
Sincerely,
/1� -4rig
Martin Griggs
Senior Planner
On behalf of the Planning and Zoning Commission
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Ord. No. 2000M-170