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Ord. 2000CUP-39 2010-06-28 ORDINANCE NO. 2000CUP -39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT APPROXIMATELY 57.231 ACRE TRACT OF LAND, OUT OF TRACTS 41, 42, 55, 56, 57 IN THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE(S) 24 OF THE BRAZORIA COUNTY PLAT RECORDS, LOCATED IN THE H.T. AND B. COMPANY SURVEYS, SECTION 20, ABSTRACT 506 IN BRAZORIA COUNTY TEXAS, AND A TRACT OF LAND CONTAINING 3.0 ACRES, MORE OR LESS, OUT OF LOT 54 OF THE ALLISON RICHEY GULF COAST HOME SUBDIVISION OF THE H.T. AND B.R.R. COMPANY SURVEY, SECTION 20, ABSTRACT 506, BRAZORIA COUNTY. GENERALLY LOCATED AT 2310 CULLEN BLVD. AND 2426 CULLEN BLVD, PEARLAND, TEXAS (CONDITIONAL USE PERMIT APPLICATION NO. CUP 2010 -04) TO ALLOW A CEMETERY USE THAT IS LOCATED IN THE CULLEN -MIXED USE (C -MU) ZONING DISTRICT AT THE REQUEST OF JANICE AND BONNIE HOWARD, APPLICANTS AND OWNERS, AND THERESA AND ERIC WALLS, OWNERS OF THE 3.0 ACRE TRACT OF LAND, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. WHEREAS Janice and Bonnie Howard, applicant and owners, and Theresa and Eric Walls, owners, filed an application for a Conditional Use Permit for cemetery use of certain property, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A and more graphically depicted in the location map attached hereto and made a part hereof for all purposes as Exhibit "B and WHEREAS, on the 21st day of June, 2010, 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 ORDINANCE NO. 2000CUP -39 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 21st day of June, 2010, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed Conditional Use Permit application by Janice and Bonnie Howard, applicant and owners, and Theresa and Eric Walls, owners, whereby the Commission recommended approval of the Conditional Use Permit, 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, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on June 28, 1010; 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 Janice and Bonnie Howard, applicant and owners, and Theresa and Eric Walls, owners, 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 limits of the City of Pearland, Texas, and presently classified as Cullen -Mixed Use (C -MU) and General Business (GB), is hereby granted a Conditional Use Permit to allow the cemetery use in the Cullen -Mixed Use zoning district portion of the subject property; such property being more particularly described as: Page 2 of 4 Ord No 2000CUP -39 ORDINANCE NO. 2000CUP -39 Approximately 57.231 acre tract of land, out of tracts 41, 42, 55, 56, 57 in the Allison Richey Gulf coast Home Co. Subdivision as Recorded in Rat book 2, Page(s) 24 of the Brazoria County Plat Records, located in the H.T. and B. Company Surveys, Section 20, Abstract 506 in Brazoria county Texas, and A Tract of Land Containing 3.0 Acres, more or less, out of Lot 54 of the Allison Richey Gulf Coast Home Subdivision of the H.T. and B.R.R. company survey, Section 20, abstract 506, Brazoria County. 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. 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 approval herein granted 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 first and only reading. Section VII. Declaration of Emergency. The Council finds and determines that the need to regulate land use inures to the benefit of the public and, therefore, bears directly upon the health, safety, and welfare of the citizenry; and that this Ordinance Page 3 of 4 Ord No 2000CUP -39 ORDINANCE NO. 2000CUP -39 shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be hereby waived. PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this the 28th day of June, 2010. lryhJ TOM REID MAYOR ATTEST: liar !r 'x Y• 1, N G G/ R C T S' APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000CUP -39 Exhibit "A" Application Ordinance No. 2000CUP -39 APR 1 6 2010 CUP APPLICATION Page 1 of 4 (Updated May 2009) City of Pea land C Development y et_ ...F� APPLICATION FOR 3523 Liberty Drive (Community Center) a AND A CONDITIONAL USE Peartand, Texas 77581 PERMIT (CUP) 281-652-1702 fax www.citYofpeartand.com Conditional Use Permit Request for nric.ht,Y9 C, wthvr C'Ivkc,lud tvtq 4 (4{ „ciso Le.u.L/ 0-Ace (list proposed use the Tabu of Uses the UDC) VI1.*6 r t t.LtAA.. Current Zoning District: e- .UI, CU.Ltt',ut. --W y..€4 fge,1ts.1' G Property information: Address or General Location of Property: 23 1p v d Tax Account No. 1'75917 Go Subdivision:A0506 VI:Ti 8 Rf?tRACT 54 Lot t RAKE- Block: AcR(=S G •4-oo A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: AP.PLICANT INFORMATION: NAME TgER SAi EttIG WALLS NAME SA)stc,rrs eot-im tkowAR.D ADDRESS 5105 AAAK,EMA bR. ADDRESS 2 -42(o 4(4..AA 15tvd. CITY R LEIC7h1 STATE !JC. ZIP 2715(6 -14gt ciTyPinzkva, STATE'T]C ZIP 7754P PHONE( 1 4 .2 PHONE( 2 Si Ar e) 5 2-22 FAX( FAX 281 .Ar 6 5 -04241 E-MAIL ADDRESS Ey wAt- dD E.it.soLA.T1i, E-MAIL ADDRESS '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 Peariand. Owner's Signature Date: r Agents Signature .4f' (28D 684 —14 Date: I 2 rz i 4 O 2 1-' OFFICE USE ONLY: F P AID EES PAID: i koh o BYCEWED NUMBER: 17 P 71 1 '93ppnt�ftio�nlvo' (i p zoo Agent for Buyer Louis C. McKinney 16310 Quail Park Dr. Missouri City, TX. 77489 Office 281 438 -4816 Cell 281- 684 -7459 Signatur es c Agent for Seller Ozzie Ramirez 2506 Francis Dr. Pearland, TX. 77581 Office 281- 648 -4440 Cell: 713- 201 -4089 Signature: CUP APPLICATION Page 2 of 4 (Updated May 2009) APR 1 6 2010 CHECKLIST FOR THE FOLLOWING Conditional Use Permits (CUP) Application, filled out completely, and signed by the owner of the property to be considered for the conditional use permit Met s and Bounds Description, Survey, or a Plat of the property. -e Prue Parcel map, printed from the City of Pearland website, indicating the location and boundaries of the subject property. Letter of Intent, explaining the conditional use permit request in detail, specifying proposed uses, specific operations of the use, square footage of buildings, unique characteristics of the property, and any other necessary information g Application fee of $250.00, by cash, check made payable to the City of Pearland, or credit card (Visa and MasterCard only) Site Plan or Plot Plan showing the proposed layout of the subject property, including any proposed buildings, parking, landscaped areas, detention ponds, fences, and any other relevant information 5; .egvYt 5'0_6,y,; s v Ack wledgement of the sign to be posted on the property 10 days prior to the public hearing 3/,01/ nekf, r prb .21(>es alt c_ April 20, 2010 City of Pearland Community Development Planning and Zoning Commission 3523 Liberty Drive Pearland, TX 77581 Dear Commissioners: I am requesting that the tract of land at 2310 Cullen Boulevard be considered for a CONDITIONAL USE PERMIT (CUP) along with the existing cemetery located at 2426 Cullen Boulevard. The property is currently zoned as Cullen -Mixed Use District. The following information specifies the property description and its boundaries, proposed use, specific operations of the use, and characteristics of the property. I. Introduction: Property Description The subject property is a three -acre rectangular tract of vacant land, bordered on the east and north side by the Crystal Lake Section 1 Subdivision. On the east side the property is bordered by a 3.4 -acre tract owned by Mr. Walls (seller). On the South, the property is bordered by the Houston Memorial Gardens Cemetery The only road by which this property will be accessed will be from the south side of the property which is bordered by Houston Memorial Garden Cemetery. II. Proposed Use /Specific Operations of the Property The property will be used exclusively as a cemetery, with no buildings. III. Current Characteristic of the Property The subject properly is currently vacant, and has no buildings. This letter of intent serves as our request for the issuance of a CONDITIONAL USE PERMIT (CUP) for the subject property. Thank you for your attention to this request. Sincerely. l ,Bonnie Howard Janice Howard s =C01I1RO. MONUMENT 1 CRYSTAL LAKE SECTION 1 V -19/P -711 -714, B.C.M.R. F.I.R. S.I.R. 1/Y S 89'40'00" E 314.89' 1/2• o 0 ui ti b z• 0 0 v O m w 3.402 w 3.000 ACRES ACRES 04- 074388 J 04- 074388 Q r I— O 0 0 l,J -J O m 0 0 Z Z fn J J 0 N 89'40'00 W P.0.8. 357.11' 1/2 N 89 W 314.89 11/2' SU 1/2 0000 FENCE 1/ SOUTHERN MEMORIAL CEMETERY A0506 H T B R R, TRACT 55, CHAIN LINK ACRES 10.000 N— Reviewed 8 Accepted by: Date Date BUYER BONNIE HOWARD AND, PROPERTY ADDRESS CULLEN BOULEVARD JANICE HOWARD PEARLAND, TEXAS 77581 LEGAL DESCRIBED PROPERTY A TRACT OF LAND CONTAINING 3.000 ACRES, MORE OR LESS, OUT OF LOT 54 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF THE H.T. do B. R.R. COMPANY SURVEY, SECTION 20, ABSTRACT 506, BRAZORIA COUNTY, TEXAS, SAID 3.000 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS ATTACHED. MOB SUBJECT PROPERTY DOES LE W A F.I.A. BEARNC BM* DEED ES ALL No ua DESIGNATED F1.000 ZONE AS PER R.000 MAP N0: 6i rs TO ANY MD A RECORDED £wm[D 9AhETOi RAS NOT OCESOOOT11 Y ABSTRACTED PM:POTTY F 480077 0035 19-22-99 ZONE AE a IERCR UNITY NSTAEAATIONS.00IERMO1AO 7 Ri4OTE)m(T� POT M/ae ODOR O OI OEROUO f f STN/CRAES TERE Nor tl7t'.R O irr tws steer P 9 C ROOD I6CRIVATION 6 USED COI 4RAP C PLOTTING •IVDIC TO ORS SMOLT S CFRTFED (OR 1H6 TRANSACTOR OILY, IT IS :f N,E/6M MAGORIGIES O"/ENA WA" 'AE CO AOT ASSUME NOT 1RA1$4RANE TO AOQROIAA NsTf7 mats OR 9As:won I "ESPO•E,mIITTT Paa EtADr DETEIwIATTCN OWNERS i T*. 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I A n w I -a i r 7 .i u ,e w a� ri http: /wvvw.google.com/maps ?q =2310 CULLEN BLVD, PEARLAND, TX 77584 &ie =UT... 2/17/2010 CUP APPLICATION Page 3 of 4 (Updated April 2010) 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: I i 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 building. om'- Brareria Count Tax Office H1psi /actweb.acttaxcordact_w ebdev /braeoria/sbwdeiail2.jsp ?call =0... Monday. April 19 110 Property Tax Status Begin a New Search Go to Your Portfolio Tax Off ce FAQ's Request a Tax Statement Make your oho:* or money oVerFoyle* to Rothe Game RTA 171E Locus! Angleton, Tecas T7515 OW- *Mr VISA cnrtkl A joaven len• Frc'dup So 285% vat be charged bx9r oral! card peyments by the vendcrprovttng the serve. For eCI,ecks a c ',vevence fee d $5 50.J7 be chergetllllreach transaction The Pee covers the cost d meiwg payments by omit card p ostle. The fee wa mpt>eer as a charge la 'Centel Payments'. No pert of Uas Peens retained by Breams County Unless otherwise noted, all data refers to tax information for 2009. All amounts due include penalty, interest, and attorney fees when applicable. Due to the large volume of work during heavy payment periods amounts due may not reflect payments that have been received but not yet processed. Account Number: 05060015000 Pending Credit Card or E -Check Payments: Address: No Credit Card Payment Pending WALLS ERIC THERESA A Jurisdictions: 5105 MAKENA DR RALEIGH, NC 276 15-169 1 BRAZORIA COUNTY BRAZORIA DRAINAGE DIST 4 Property Site Address: CITY OF PEARLAND 2310 CULLEN PEARLAND ISD 77581 SPECIAL ROAD BRIDGE Legal Description: A0S06 H T B R R, TRACT 54, F B DRAKE, Market Value: $374,980 ACRES 6.400 land Value: $220,800 Current Tax Levy: $9,907.47 Improvement Value: $154,180 Current Amount Due: $0.00 Capped Value: $0 Prior Year Amount Due: $0.00 Agricultural Value: $0 Total Amount Due: $0.00 Exemptions: None Last Certified Date: 09/03/2009 Last Payment Amount for Current Year Taxes: $10,699.15 Taxes Due Detail b, Year and )unsd�:tcr, Payment Information Click..Here to see your estimated amount due for a future date. You can see this Information by year and by both year and Jurisdiction. Toot Mao Sad 0.1 $_P.ay_TAAu Ent.t!es Tax.Off:cg FAQ APprAl.Sel._Dlstogt ?l4Sed.i w 1is5 Tax _Offuc_t' orae...Pa9e YOULTAX Portfolio 9raaorla County: Home Cossnty_ tr8.4tosY S 971,1A5X519 Cs.Cw4rt Holiday .Schedule Reiated Lan/s5 C.4wwwtihouSe 1 Job Pottl0g4 E -mar. roving @brazoria- County.cOm n'° ^a+0`a°°'af°ybe+'°^'°'i'n'abga" At nights 'awned lit E. Locust Sub 99$ 20X5 *.'dw Cant/ Mgieton TX 77915 c9T97 884.5320 1 of 1 4/19/2010 7:28 PM Exhibit "B" Location Map Ordinance No. 2000CUP -39 m CHATWOOD DR 1 p C i 1 m t 1 .1 m I 1 WELLINGTON DR Z :C r T a I m j i i U i SHELDON DR SHELDON DR it V i+ 1 t HUGHES RAHCii RB -i 1 1 I I HUGHES RANCH RD 0 i) 1 A c RYSTA L IAKECIR r 11 1 r r L_i j o L CRYSTAL LA CE OR z i I Y r V -}L-1 G W r -i 1 t i, STING 6R ERL --1P r, ,I- S I i I SUNBON r UNGATE $p$7�'IPYDYFRTY ,i S 1 L. C� m r° 1, m Houston Mem Gardens Cemetery z y z z g I m a a e tine Cemetery South 0 m Y SUN KIHG DR -I m r r O P A I. I SUN GLEN CT I m o i q r N z 2 SUNDOWN DR SUNaOWN 43 z 0 co SUN FOREST r m q z SUNNY BROOK r -t r I1 m SUN HAVEN O D R D N TRAIL N FREE h Y YSUNRISE m 7-4)-41 Anll D Gl R a m suinAKE D 1 t.._ t L_ ii! "k a m j I t �y 0 I 1 i': i BROA4WAYST S ROADWAYST sp, 4. 1 p 4 i I 4 Y c i f I a jr 't----- 6 r r At I1 m P t a ra i t q m r m p o VICINITY MAP T CONDITIONAL USE PERMIT CUP 2010 -04 NORTH 2310 and 2426 CULLEN, PEARLAND, TEXAS Exhibit "C" AFFIDAVIT OF PUBLIC_ Publications Ordinance No. 2000CUP -39 The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby a ended w pp as published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for issues, as follows: No. Date I2G 20 •No. Date 20 No. Date 20 No. Date 20 No. Date /941 20 CFO Subscribe and sworn to before me this—_ day of 20 p IEF UW/E D Laura An JUN 0 2 2010 n Emmons, Publlsher CITY OF PEARLAND Notar Y P ubIIC CITY SECRETARY'S OFFICE State of Texas cuPX01 ©cry Published May 26, 2010 H.T. and B. Company Surveys, Section 20, NOTICE OF A JOINT Abstract 506 in Brazoria PUBLIC HEARING OF county Texas, and A THE CITY COUNCIL Tract of Land Containing AND THE PLANNING 3.0 Acres, more or less, AND ZONING COM- out of Lot 54 of the MISSION OF THE CITY Allison Richey Gulf OF PEARLAND, Coast Home Subdivision TEXAS of the H.T. and B.R.R. company survey, Sec CONDITIONAL USE tion 20, abstract 506, APPLICATION NO. Brazoria County. (Gen CUP 2010 -04 erally located at: 2310 Cullen Blvd and 2426 Notice is hereby given Cullen Blvd, Pearland that on June 21, 2010, at Texas). 6:30 p.m., the City Council and Planning At said hearing, all inter and Zoning Commission ested parties shall have of the City of Pearland, the right and opportunity in Brazoria, Harris and to appear and be heard Fort Bend Counties, on the subject. Texas, will conduct a joint public hearing in Angela Gantuah the Council Chambers Senior Planner of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Janice and Bonnie Howard, appli- cants and owners of the Houston Memorial Gar- dens Cemetery, on behalf of Theresa and Eric Walls, owners of the 3.0 acre Tract of Land, for approval of a condi- tional use permit to allow the existing Hous- ton Memorial Gardens Cemetery the addition of the adjacent 3 acre tract, both being located in the Cullen Mixed -Use (C- MU) Zoning District, on the following described property, to wit: Approximately 57.231 acre tract of land, out of tracts 41, 42, 55, 56, 57 in the Allison Richey Gulf coast Home Co. Subdivision as Re -cord- ed in Plat book 2, Page(s) 24 of the Brazoria County Plat Records, located in the Exhibit "D" P &Z Recommendation Letter Ordinance No. 2000CUP -39 Planning Coinniission Recommendation Letter June 22, 2010 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP 2010 -04 Honorable Mayor and City Council Members: At their meeting of June 21, 2010, the Planning and Zoning Commission considered the following: Request of Janice and Bonnie Howard, applicants and owners of the Houston Memorial Gardens Cemetery, on behalf of Theresa and Eric Walls, owners of the 3.0 acre Tract of Land, for approval of a conditional use permit to allow the existing Houston Memorial Gardens Cemetery the addition of the adjacent 3 acre tract, both being located in the Cullen Mixed -Use (C -MU) Zoning District, on the following described property, to wit: LEGAL DESCRIPTION: Approximately 57.231 acre tract of land, out of tracts 41, 42, 55, 56, 57 in the Allison Richey Gulf coast Home Co. Subdivision as Recorded in Plat book 2, Page(s) 24 of the Brazoria County Plat Records, located in the H.T. and B. Company Surveys, Section 20, Abstract 506 in Brazoria county Texas, and A Tract of Land Containing 3.0 Acres, more or less, out of Lot 54 of the Allison Richey Gulf Coast Home Subdivision of the H.T. and B.R.R. company survey, Section 20, abstract 506, Brazoria County. GENERAL LOCATION: Located at 2310 Cullen Blvd. and 2426 Cullen Blvd., Pearland, TX. Commission Member Susan Sherrouse made a motion to approve the Conditional Use Permit (CUP). The motion was seconded by Commission Member Darrel Diggs. The vote was 6 -0 and the motion passed. The Planning and Zoning Commission recommended approval of the CUP. Sincerely, Angela Gantuah, Senior Planner On behalf of the Planning and Zoning Commission Page 1