Ord. 2000M-0085 2012-02-27ORDINANCE NO. 2000M-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING
HOUSTON MEMORIAL GARDENS CEMETERY SECTIONS 34, 35, 36, 37, 38,
39, 40, A PERPETUAL CARE CEMETERY CONTAINING 9.982 ACRES AND
BEING A PARTIAL REPLAT THE AMENDED PLAT OF PARADISE CEMETERY
SOUTH, VOLUME 16, PAGE 275-276, B.C.P.R. AND BEING IN LOT 28, OF
THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, VOL
20, PG. 67-68, P.R.B.C. OUT OF THE H.T. & B.R.R. CO. SURVEY, SEC. 19, A-
243 BRAZORIA COUNTY, TEXAS; FINAL PLAT OF HOUSTON MEMORIAL
GARDENS CEMETERY, A 20.0737 ACRE TRACT OF LAND BEING LOTS 13
AND 29, AND PART OF LOT 12, OF THE ALLISON RICHEY GULF COAST
HOME COMPANY SUBDIVISION, SECTION 19, AND BEING SITUATED IN
THE H.T.& B.R.R. COMPANY SURVEY, ABSTRACT 243, BRAZORIA
COUNTY, TEXAS; BOUNDARY SURVEY OF A 8.434 ACRE TRACT OUT OF
SECTION 19, H.T. & B.R.R. SURVEY, A-243, BRAZORIA COUNTY, TEXAS;
PARTIAL REPLAT OF HOUSTON MEMORIAL GARDEN CEMETERY, BEING A
57.231 ACRE TRACT OF LAND, ALL OF TRACTS 41, 42, 55, 56, 57, & 58 IN
THE ALLISON RICHEY GULF COAST HOME SUBDIVISION, AS RECORDED
IN PLAT BOOK 2, PAGE(S) 24, OF THE BRAZORIA COUNTY PLAT
RECORDS, LOCATED IN THE H.T. & B. COMPANY SURVEY, SECTION 20,
ABSTRACT NO. 506 IN BRAZORIA COUNTY, TEXAS; BOUNDARY SURVEY
OF A 19.97 ACRE TRACT OUT OF SECTION 19, H T & B RR SURVEY, A-243,
BRAZORIA COUNTY, TEXAS; LOT 44 (10 AC) OF THE ALLISON-RICHEY
GULF COAST HOME COMPANY SUBDIVISION, SECTION 19, H.T. & B.R.R.
COMPANY SURVEY, ABSTRACT 243, BRAZORIA COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2,
PAGE 23 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS; THE
NORTH 1/2 OF LOT 28 (5AC) OF ALLISON RICHEY SUBDIVISION OUT OF
SECTION 20, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT NO. 506,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN VOLUME 2, PAGE 23, OF THE PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS; A0506 HT & B R R CO SURVEY, TRACT
54A1, F B DRAKE, 3.000 ACRES. (LOCATED AT 2426 CULLEN, PEARLAND,
TEXAS), ZONE CHANGE 2012-03Z, A REQUEST OF LOUIS C. MCKINNEY,
APPLICANT, ON BEHALF OF JANICE AND BONNIE HOWARD, OWNERS,
FOR APPROVAL OF A ZONE CHANGE FROM THE PLANNED
DEVELOPMENT (PD), GENERAL BUSINESS (GB), CULLEN MIXED-USE
(C/MU), SINGLE-FAMILY RESIDENTIAL -3 (R-3) AND SUBURBAN
RESIDENTIAL -12 (SR -12) ZONE(S) TO PLANNED DEVELOPMENT (PD)
ZONE, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
ORDINANCE NO. 2000M-85
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Louis C. McKinney, applicant, on behalf of Janice and Bonnie
Howard, owners, filed an application for amendment to Ordinance No. 2000M, the
Zoning Map of the City, for approval of a change in the zoning district from Planned
Development (PD), General Business (GB), Cullen Mixed -Use (C/MU), Single -Family
Residential -3 (R-3) and Suburban Residential -12 (SR -12) zone(s) to Planned
Development (PD); said property being legally described in the original applications for
amendment attached hereto and made a part hereof for all purposes as Exhibit "A", and
more graphically depicted in the vicinity map attached hereto and made a part hereof for
all purposes as Exhibit "B"; and
WHEREAS, on the 16th day of January, 2012, 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 16th day of January, 2012, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed zone change application of Louis C. McKinney, applicant, on
behalf of Janice and Bonnie Howard, owners, whereby the Commission recommended
approval of the change of classification for the described property from its existing
classifications of Planned Development (PD), General Business (GB), Cullen Mixed -
Use (C/MU), Single -Family Residential -3 (R-3) and Suburban Residential -12 (SR -12)
zone(s) to Planned Development (PD), said recommendation attached hereto and made
Page 2 of 6
Ord No 2000M-85
ORDINANCE NO. 2000M-85
a part hereof for all purposes as Exhibit "D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meeting(s) on the 13th day of February,
2012 and; 27th day of February 2012; 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 Louis C. McKinney, applicant, on behalf of Janice and Bonnie
Howard, 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 City
Limits of the City of Pearland, Texas, and presently classified as Planned Development
(PD), General Business (GB), Cullen Mixed -Use (C/MU), Single -Family Residential -3
(R-3) and Suburban Residential -12 (SR -12) zone(s) to Planned Development (PD), in
accordance with all conditions and requirements of the current Unified Development
Code and incorporated for all purposes, such property being more particularly described
as:
Houston Memorial Gardens Cemetery Sections 34, 35, 36, 37, 38, 39, 40, A
perpetual care cemetery containing 9.982 acres and being a partial replat the
amended plat of Paradise Cemetery South, Volume 16, Page 275-276, B.C.P.R.
and being in lot 28, of the Allison Richey Gulf Coast Home Company Subdivision,
Vol 20, Pg. 67-68, P.R.B.C. out of the H.T. & B.R.R. CO. Survey, Sec. 19, A-243
Brazoria County, Texas;
Final Plat of Houston Memorial Gardens Cemetery, a 20.0737 acre tract of land
being lots 13 and 29, and part of lot 12, of the Allison Richey Gulf Coast Home
Company Subdivision, Section 19, and being situated in the H.T.& B.R.R.
Company Survey, Abstract 243, Brazoria County, Texas;
Page 3 of 6
Ord No 2000M-85
ORDINANCE NO. 2000M-85
Boundary survey of a 8.434 acre tract out of Section 19, H.T. & B.R.R. Survey,
A-243, Brazoria County, Texas;
Partial Replat of Houston Memorial Garden Cemetery, being a 57.231 acre tract
of land, all of tracts 41, 42, 55, 56, 57, & 58 in the Allison Richey Gulf Coast
Home Subdivision, as recorded in Plat Book 2, Page(s) 24, of the Brazoria
County Plat Records, located in the H.T. & B. Company Survey, Section 20,
Abstract No. 506 in Brazoria County, Texas;
Boundary survey of a 19.97 acre tract out of Section 19, H T & B RR Survey, A-
243, Brazoria County, Texas;
Lot 44 (10 ac) of the Allison -Richey Gulf Coast Home Company Subdivision,
Section 19, H.T. & B.R.R. Company Survey, Abstract 243, Brazoria County,
Texas, according to the map or plat thereof recorded in Volume 2, Page 23 of the
plat records of Brazoria County, Texas;
The North 1/2 of Lot 28 (5ac) of Allison Richey Subdivision out of Section 20, H.T.
& B.R.R. Company Survey, Abstract No. 506, Brazoria County, Texas, according
to the map or plat thereof recorded in Volume 2, Page 23, of the plat records of
Brazoria County, Texas;
A0506 H T & B R R Co Survey, Tract 54A1, F B Drake, 3.000 Acres.
Generally located at 2426 Cullen Pkwy, Pearland, TX
Section 11. The City Council of the City of Pearland finds and determines that the
recitations in the preamble hereof are true and that all necessary prerequisites of law
have been accomplished and that no valid protest of the proposed change has been
made. The City Council further finds and determines that there has been compliance
with the mandates of law in the posting and presentation of this matter to the Planning
and Zoning Commission and to the City Council for consideration and decision.
Section 111. The City Council of the City of Pearland finds and determines that
the amendment adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
Page 4 of 6
Ord No 2000M-85
ORDINANCE NO. 2000M-85
Section IV. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section V. All rights and remedies, which have accrued in the favor of the City
under this Ordinance and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. The City Secretary is hereby directed to cause to be prepared an
amendment to the official Zoning District Map of the City, pursuant to the provisions of
Section 2.3.2.2 of Ordinance No. 2000-T and consistent with the approval herein
granted for the reclassification of the herein above described property.
Section VII. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of
February, 2012.
TOM REID
MAYOR
Page 5 of 6
Ord No 2000M-85
ORDINANCE NO. 2000M-85
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
day of February, 2012.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
.z:J0)17
TOM REID
MAYOR
Page 6 of 6
Ord No 2000M-85
RECEIPT 7 �--
NUMBER; / /.!'
•
EXHIBIT"A"
Application
Ordinance No. 2000M-85
ZONE CHANGE APPLICATION Updated April 2010
City of Peartand
Community Development
3523 Liberty Drive
(Community Center)
Peariand, Texas 77581
281-652-1768
281-652-1702 fax
www cityofpearland corn
APPLICATION FOR
A CHANGE IN ZONING
Current Zoning District: y�eru6t>\42,-6
Proposed Zoning District: PL t,vlvl ._.kve..lo �yy\e cck
Property Information:
Address or General Location of Property:
4 -ii &Ctt le (yd.. cleAcxtp-ko i
Tax Account No.
Subdivision: NVD,
Lot: su7 A 6:cck: P,
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME Bovtilttr f Jo-v+-tc.-P.ts a. -
ADDRESS X42(+ FM SOS �cxt.i iZ.oac(
CITY 174..a4r 111,A4 STATET\L ZIP r7.7S-01
PHONE( U1 ) 4-45 - Zt Z /
FAX(
E-MAIL ADDRESS
'Property owner must be the current owner of the property at the
has the property under contract.
As owner and applicant, I hereby request approval of
the Unified Develent Code •, t1 - Ci of P-arland
Owner's Signa
APPLICANT/AGENT INFORMATION:
NAME (-0ttsv C. Mc-rK+,►.��E�;
ADDRFSS 1 fa"5i d Q11c 70 -Nr.
CITY_Piehi CO STATE i ZIP_ 171
PHONELZgjtj 41E4- 14.
FAX( 2-S1 ) 4( 6 - 7 7
E-MAIL ADDRESS (eLL -pu) �gtp to�jo1. Viet
time of submittal of the application, and not the party that
the above described request as provided for by
Applicant/Agent's
Signature:
co/
/Lit- /1
• • Date:
Date. /Z /51—//
OFFICE USE ONLY:
FEES /
PAID: (QW. 00
DATE
PAID: (d-- t I�
RECEIVED
BY:
Application No. OI — d 3 2_
HUGHES RANCH
,I�
CRYSTAL LAKE D��
R-2
ClkYSTAL LAKE CIR
SUN KING DR
EEDOM DR;
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EXHIBIT "B"
Location Map
Ordinance No. 2000M-85
Ni 213N2I NMVC
MF
Zoning & Vicinity Map
Zone Change 2012-03Z
2426 Cullen
Houston Memorial
Gardens
This product is for information purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground survey
and represents only the approximate relative
location of property boundaries. N
0 185370 740 Feet
I l 1 1 1 1 1 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for
issues, as follows:
No.. / Date 4 .28
20
No. Date
20
No. Date 20
No. Date 20
No. Date
Subscribe and sworn to before me this ;q
20/1
L
I44-(141
LAURA ANN EMMONS
NOTARY PUBLIC
STATE OF TEXAS
My Commission ExpWes 09.09.201
20
EXHIBIT
"C"
Publications
Ordinance No. 2000M-85
CFO
day of kc,
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Published Dec. 28, 2011
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COMMIS-
SION OF THE CITY OF
PEARLAND, TEXAS
ZONE CHANGE
APPLICATION
NO. 2012-03Z
Notice is hereby given
that on January 16,
2012, 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 Louis
McKinney, applicant, on
behalf of Janice and
Bonnie Howard,
owner(s), for approval of
a zone change from the
Planned Development
(PD), General Business
(GB), Cullen Mixed -Use
(C/MU), and Single -
Family Residential -3 (R-
3) zone(s) to Planned
Development (PD) zone
for 133.6907 acres.
more specifically
described as:
General Location:
2426 Cullen, Pearland,
TX
Houston Memorial
Gardens Cemetery
Legal Descriptions:
Houston Memorial
LEGALS
Gardens Cemetery
Sections 34, 35, 36, 37,
38, 39, 40, A perpetual
care cemetery contain-
ing 9.982 acres and
being a partial replat the
amended plat of
Paradise Cemetery
South, Volume 16, Page
275-276, B.C.P.R. and
being in lot 28, of the
Allison Richey Gulf
Coast Home Company
Subdivision, Vol 20, Pg.
67-68, P.R.B.C. out of
the H.T. & B.R.R. CO.
Survey, Sec. 19, A-243
Brazoria County, Texas;
Final Plat of Houston
Memorial Gardens
Cemetery, a 20.0737
acre tract of land being
lots 13 and 29, and part
of lot 12, of the Allison
Richey Gulf Coast Home
Company Subdivision,
Section 19, and being
situated in the H.T.&
B.R.R. Company
Survey, Abstract 243,
Brazoria County, Texas;
Boundary survey of a
8.434 acre tract out of
Section 19, H.T. &
B.R.R. Survey, A-243,
Brazoria County, Texas;
Partial Replat of Hous-
ton Memorial Garden
Cemetery, being a
57.231 acre tract of land,
all of tracts 41, 42, 55,
56, 57, & 58 in the
Allison Richey Gulf
Coast Home Subdivi-
sion, as recorded in Plat
Book 2, Page(s) 24, of
the Brazoria County Plat
Records, located in the
H.T. & B. Company
Survey, Section 20,
Abstract No. 506 in
Brazoria County, Texas;
Boundary survey of a
19.97 acre tract out of
Section 19, H T & B RR
Survey, A-243, Brazoria
County, Texas;
Lot 44 (10 ac) of the
Allison -Richey Gulf
Coast Home Company
Subdivision, Section 19,
H.T. & B.R.R. Company
Survey, Abstract 243,
Brazoria County, Texas,
according to the map or
plat thereof recorded in
Volume 2, Page 23 of
the plat records of
Brazoria County, Texas;
The North 1/2 of Lot 28
(5ac) of Allison Richey
Subdivision out of Sec-
tion 20, H.T. & B.R.R.
Company Survey, Ab-
stract No. 506, Brazoria
County, Texas, accord-
ing to the map or plat
thereof recorded in
Volume 2, Page 23, of
the plat records of
Brazoria County, Texas;
A0506 HT&BRRCo
Survey, Tract 54A1, F B
Drake, 3.000 Acres.
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject. For addi-
tional information,
please contact the
Planning Department at
281-652-1768.
EXHIBIT "D"
P&Z Recommendation Letter
Ordinance No. 2000M-85
Planning & Zoning Commission
Recommendation Letter
January 18, 2012
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2012-03Z
Honorable Mayor and City Council Members:
At their meeting on January 16, 2012, the Planning and Zoning Commission considered the
following:
A request of Louis McKinney, applicant, on behalf of Janice and Bonnie Howard,
owner(s), for approval of a zone change from the Planned Development (PD),
General Business (GB), Cullen Mixed -Use (C/MU), Single -Family Residential -3
(R-3) and Suburban Residential -12 (SR -12) zone(s) to Planned Development
(PD) zone for 133.6907 acres on the following described property:
LEGAL DESCRIPTIONS:
Houston Memorial Gardens Cemetery Sections 34, 35, 36, 37, 38, 39, 40, A
perpetual care cemetery containing 9.982 acres and being a partial replat the
amended plat of Paradise Cemetery South, Volume 16, Page 275-276, B.C.P.R.
and being in lot 28, of the Allison Richey Gulf Coast Home Company Subdivision,
Vol 20, Pg. 67-68, P.R.B.C. out of the H.T. & B.R.R. CO. Survey, Sec. 19, A-243
Brazoria County, Texas;
Final Plat of Houston Memorial Gardens Cemetery, a 20.0737 acre tract of land
being lots 13 and 29, and part of lot 12, of the Allison Richey Gulf Coast Home
Company Subdivision, Section 19, and being situated in the H.T.& B.R.R.
Company Survey, Abstract 243, Brazoria County, Texas;
Boundary survey of a 8.434 acre tract out of Section 19, H.T. & B.R.R. Survey,
A-243, Brazoria County, Texas;
Partial Replat of Houston Memorial Garden Cemetery, being a 57.231 acre tract
of land, all of tracts 41, 42, 55, 56, 57, & 58 in the Allison Richey Gulf Coast
Home Subdivision, as recorded in Plat Book 2, Page(s) 24, of the Brazoria