Ord. 2000M-0088 2012-09-24ORDINANCE NO. 2000M-88
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 A SURVEY OF
TWO TRACTS OF LAND BEING A 101.1405 ACRE TRACT OUT OF LOTS 64 &
74 OF THE W. ZYCHLINSKI SUBDIVISION LOCATED IN SECTION 2 OF THE
H. T. & B. R. R. CO. SURVEY, A-542 AND OUT OF LOTS 70, 75, & 79 OF THE
W. ZYCHLINSKI SUBDIVISION LOCATED IN SECTION 3 OF THE H. T. & B. R.
R. CO. SURVEY, A-232 AND A TRACT OF LAND BEING A 2.500 ACRE
TRACT OUT OF LOT 64 OF THE W. ZYCHLINSKI SUBDIVISION LOCATED IN
SECTION 2 OF THE H. T. & B. R. R. CO. SURVEY, A-542, BRAZORIA
COUNTY, TEXAS. (LOCATED AT 1310 N. MAIN, PEARLAND, TEXAS), ZONE
CHANGE 2012-06Z, A REQUEST OF SOUTH PARK FUNERAL HOME,
OWNER AND APPLICANT, FOR APPROVAL OF A ZONE CHANGE FROM
THE LIGHT INDUSTRIAL (M-1) ZONE TO THE GENERAL COMMERCIAL (GC)
ZONE, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, South Park Funeral Home, applicant and owner, 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 Light Industrial (M-1) to General Commercial (GC);
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 20th day of August, 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
ORDINANCE NO. 2000M-88
A survey of two tracts of land being a 101.1405 acre tract out of lots 64 & 74 of
the W. Zychlinski Subdivision located in Section 2 of the H. T. & B. R. R. Co.
Survey, A-542 and out of lots 70, 75, & 79 of the W. Zychlinski Subdivision
located in Section 3 of the H. T. & B. R. R. Co. Survey, A-232 and a tract of land
being a 2.500 acre tract out of lot 64 of the W. Zychlinski Subdivision located in
Section 2 of the H. T. & B. R. R. Co. Survey, A-542, Brazoria County, Texas
Generally located at 1310 N. Main, Pearland, TX
Section II. The City Council of the City of Pearland finds and determines that the
recitations in the preamble hereof are true and that all necessary prerequisites of law
have been accomplished and that no valid protest of the proposed change has been
made. The City Council further finds and determines that there has been compliance
with the mandates of law in the posting and presentation of this matter to the Planning
and Zoning Commission and to the City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the amendment adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
Section IV. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court of
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.
Page 3 of 4
Ord No 2000M-88
ORDINANCE NO. 2000M-88
WHEREAS, on the 20th day of August, 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 South Park Funeral Home, applicant
and owner, whereby the Commission recommended approval of the change of
classification for the described property from its existing classification of Light Industrial
(M-1) to General Commercial (GC), 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 meeting(s) on the 17th day of September,
2012 and; 24th day of September 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 South Park Funeral Home, applicant and owner, 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 Light Industrial (M-1)
to General Commercial (GC), in accordance with all conditions and requirements of the
current Unified Development Code and incorporated for all purposes, such property
being more particularly described as:
Page 2 of 4
Ord No 2000M-88
ORDINANCE NO. 2000M-88
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 17th day of
September, 2012.
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 24th
day of September, 2012.
APPROVED AS TO FORM:
Cire„
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Page 4 of 4
Ord No 2000M-88
Current Zoning District:
Proposed Zoning District:
Exhibit "A"
Ordinance No. 2000M-88
APPLICATION FOR
A CHANGE IN ZONING
vity ui rea► ano
Comm unity Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
1 c.
Property Information:r,a_ J
I�
is -101411
S
Address or General Location of Property: .1.i().ID t O t\at fl E. , 195Q�,1
0233 •40owl- t'4O 0233-oo3+.a-tics 05.41-001W-ogq
Tex Account No% 07.33-0034-000 0t33-oo3i,2-130 0541-00%-tt0542. costa -ow
Subdivision: Lot: Block:
Nbytr' -t 232. Trtt. 7S (PT) Ib.riRDat. 'Trot 5.eitiOat
HT4 Bik,fk complete application itit on muust ici nc udee all information shown on e� at
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME 1Zo\Oetk. C . Wt,urre j '1I
A3ORESS 523 S. Miw+‘ St.
CITY Gr'e.pe,st Ile- STATE ZIP rj (e05(
PHONE( S6111 ) 1%1. 1031
FAC( % V1 ) 'i $1 • 10q3
E-MAIL ADDRESS r hnurray CD Stet .cont
'Property owner must be the
that has the property under c
As owner and applicant,
by the Unified Deve
APPLiCANTfA^ GENT INFORMATJOtH;
NAME -Re.l%Q, Sat'ma S
ADDRESS 1'510 hlcrtit taut St •
Cn Y ria STATE '-TX ZIP rif'i5b.2
PHONE( 2431) t{2 S- 2,712
FAX( 2.9) )412- 81to 1
E-MAIL ADDRESS K` . Com
current owner of the property at the time of submittal of the application, and not the party
ontract.
I hereby request approval of the above described request as provided for
t• • o the City of Pearl
Owner's Signature:
Agent's/Applicant's
Signature:
OFFICE USE ONLY:
PAID: 'I" 00
Date: 1l ! -`
Gate: 7-1-9- 2022
DATE
PA/D: 7 -I - 20la.-
RECEIV
BY:
RECEIPT c5t -?aa2
NUMBER:
Ataulication No.
July 9, 2012
To Whom It May Concern:
Subject: Property Owner Statement and Owner Authorization Letter
I am Regional Vice President of Stewart Enterprises and also President of two of our wholly-owned
subsidiaries S.E. Cemeteries of Texas, Inc. and S.E. Funeral Homes of Texas, Inc.
S.E. Cemeteries of Texas, Inc. owns all of the cemetery property at the South Park Cemetery in Pearland,
Texas.
S.E. Funeral Homes of Texas, Inc. owns the funeral home at South Park.
Agent Authorization
I hereby authorize each of the following individuals as agents for S. E. Cemeteries of Texas, Inc. and S.E.
Funeral Homes of Texas, Inc. for the purpose of filing zoning change or variance applications or permit
applications for those companies:
Robert C. Murray III
Ronald Klein
Rene Salinas
Gary Crespo
George White
This authorization expires on June 1, 2013.
Property Owner Statement
Note that the owner of these properties as shown on the Brazoria County Tax Records is either Restland
of Dallas, Inc. or South Memorial Park, Inc.
Stewart Enterprises undertook a reorganization of all of our Texas properties in 2005. The filings with
the Texas Secretary of State for that reorganization are attached.
To summarize the reorganization as it relates to the properties at South Park, Restland Funeral Home,
Inc. owned 100% of Southpark Funeral Home, Inc. which owned 100% of South Memorial Park, Inc.
which is located in Pearland, Texas.
In addition, Restland Funeral Home, Inc. owned 100% of Restland of Dallas, Inc. which is a cemetery.
When we consolidated the Texas facilities, we put all the funeral homes with Restland Funeral Home,
Inc. and changed its name to S.E. Funeral Homes of Texas, Inc. We also merged all the cemeteries into
Restland of Dallas and changed its name to S.E. Cemeteries of Texas, Inc. South Memorial Park, Inc. was
merged into S.E Cemeteries of Texas, Inc. We will be happy to have our attorney answer any question
you may have on this matter.
Letter of Intent for Zoning Change Application
Currently, we are informed by the City of Pearland Planning staff that the property we own west of Main
Street is zoned M-1 Light Industrial District. We are informed the property we own east of Main Street is
zoned GC General Commercial District. We are informed that our current usage of Mortuary/Cemetery
(including mausoleum/crematorium) are permitted in GC but not in M-1. We currently have all of those
uses on our property and expect to continue them. We believe these uses are grandfathered as we were
conducting these uses before the City of Pearland was incorporated.
In fact, under Texas law, we have dedicated much of the land zoned M-1 to cemetery usage and have
made thousands of interments and, under state law, we are required to maintain that property as
cemetery use in perpetuity or until relieved from this dedication by a Court of proper jurisdiction.
We intend to continue the current uses and request that our zoning be changed to conform with the
current uses i.e. GC.
Robert C. Murray I11
Attachment A — Filing with Texas Secretary of State on Formation of S.E. Funeral Homes of Texas, Inc.
Attachment B — Filing with Texas Secretary of State on Formation of S.E. Cemeteries of Texas, Inc.
EXHIBIT B
TRACT I
Of 101.1405 acres of land out of the W. Zychlinski Subdivision out of Lots 64 and 74 in Section 2 of the
H.T. & B.R.R. Company Survey, Abstract No. 542, Brazoria County, Texas, and of the W. Zychlinski
Subdivision out of Lots 70. 75 and 79 in Section 3 of the H.T. & B.R.R. Company Survey, Abstract No.
232, Brazoria County, Texas, Said 101.1405 acres of land being more particularly described by metes and
bounds as follows:
Beginning at % inch iron rod found in the west Right -Of -Way line of State Highway 35 (based on a
100.00 foot wide Right -Of -Way), with the south line of Knapp Road (based on a 50.00 foot wide Right -
Of -Way);
THENCE South 00° 04' 22 " West along the West Right -Of -Way line of said State Highway 35, passing
at a distance of 1.238.88 feet a 5/8 inch iron rod found in the north line of said Lot 64, same being the
south line of said Lot 74. and continuing for a total distance of 1,358.45 feet to a''/> inch iron rod found
for corner, said corner also being the northeast corner of a called 2.5 acre tract conveyed from South
Memorial Park, Inc. to Niday Funeral Home, Inc., as recorded in Volume 994, Page 559 of the Deed
Records of Brazoria County, Texas;
THENCE West along the north line of said 2.50 acre tract, a distance of 242.00 feet to an "X" found in
concrete for corner;
THENCE South 00° 04' 22" West along the West line of said 2.50 acre tract, a distance of 450.00 feet to a
'/ inch iron rod found for corner;
THENCE West a distance of 2.028.69 feet to a point for corner in the east line of the G.C. & S.F.
Railroad Right -Of -Way, from said point a' inch iron rod was found bearing West, 1.15 feet;
THENCE North 13° 44' 0I" West along said railroad Right -Of -Way, passing at a distance of 586.53 feet a
3" x 3" found concrete monument for the northwest corner of said Lot 70. same being the southwest
corner of said Lot 75, and continuing for a total distance of 1,866.54 feet to a 1/2 inch iron rod found for
corner in the south Right -Of -Way line of said Knapp Road, from said point a 3' x 3" concrete monument
was found bearing North 89°54'00" West, 9.61 feet;
THENCE South 89° 54' 01" East along the south Right -Of -Way line of said Knapp Road, a distance of
2,716.13 feet to the PLACE OF BEGINNING of the herein described tract and containing within these
calls 4,405,678 square feet or 101.1405 acres of land.
TRACT It
Of 78.2063 acres of land being the residue of Lots 62, 63, 68 and 69 of the W. Zychlinski Subdivision of
Section 1 and 2. H.T. & B.R.R. Company Survey, Abstract No. 233 and 542, Brazoria County, Texas,
said 78.2063 acres of land being more particularly described by metes and bounds as follows:
1
BEGINNING at a 5/8 inch iron rod found in the north line of Lot 68. same being the south line of Lot 72,
with the west Right -Of -Way line of Old Alvin Road (based on an 80.00 foot wide Right -Of -Way);
THENCE South 00° 03' 42" West along said west Right -Of -Way line of Old Alvin Road, a distance of
1.179.06 feet to a % inch iron rod found for corner;
THENCE South 44° 14' 02" West a distance of 130.71 feet to a 1 inch iron rod found in the south line of
said Lot 62. same being the north line of Lot 57;
THENCE North 89° 54' 01" West along the common line of Lots 62, 57. 63. and 58. a distance of
2,593.74 feet to a 1 inch iron rod found in the east Right -Of -Way line of State Highway No. 35 (based on
a 100.00 foot wide Right -Of -Way);
THENCE North 00° 04' 39" East along said east Right -Of -Way line of State Highway 35, a distance of
1,268.20 feet to a' inch iron rod found for comer in the north line of said Lot 69. same being the south
line of Lot 73;
THENCE East along the common line of Lots 69, 73. 68, and 72, a distance of 2,684.47 feet to the
PLACE OF BEGINNING of the herein described tract and containing within these calls, 3,406.688
square feet or 78.2063 acres of land.
TRACT III
BEGINNING at a 1 inch iron rod found for the northeast corner of said Lot 93;
THENCE South 00° 46' 16" East along the east line of said Lot 93. a distance of 375.87 feet to a 1 inch
iron rod found for corner;
THENCE South 44° 14' 02" West along the southeast line of said Lot 93 and 94. a distance of 1.887.55
feet to a' inch iron rod found for corner in the east Right -Of -Way line of Old Alvin Road (based on an
80.00 foot wide Right -Of -Way):
THENCE North 00° 03' 42" East along said east Right -Of -Way line of Old Alvin Road, a distance of
1,096.80 feet to a 5/8 inch iron rod found in the north line of said Lot 94, same being the south line of
said Lot 93;
THENCE East along the common line of said Lots 93 and 94. a distance of 286.20 feet to a 1 inch iron
rod found for comer;
THENCE North 000 01' 16" East a distance of 631.37 feet to a 1 inch iron rod found for corner in the
north line of said Lot 93, same being the south line of Lot 92;
THENCE North 89° 59' 41" East along the common line of said Lots 92 and 93, a distance of 1,024.06
feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls
1,202,077 square feet or 27.5959 acres of land.
TRACT IV
Of 2.5000 acres of land out of the W. Zychlinski Subdivision out of Lot 64 in Section 2 of the H.T. &
B.R.R. Company Survey, Abstract No. 542, Brazoria County. Texas, and being that same tract conveyed
2
from South Memorial Park. Inc. to Niday Funeral Horne, Inc., as recorded in Volume 994, Page 559 of
the Deed Records of Brazoria County. Texas. said 2.5000 acres of land being more particularly described
by metes and bounds as follows:
COMMENCING at a '/ inch iron rod found in the west Right -Of -Way line of State Highway 35 (based
on a 100.00 foot wide Right -Of -Way). with the South Right -Of -Way line of Knapp Road (based on a
50.00 feet wide Right -Of -Way);
THENCE South 00° 04' 22" West passing at 1.238.88 feet a 5/8 inch iron rod found in the south line of
Lot 74, same being the north line of said Lot 64, and continuing for a total distance of 11,358.45 feet to a
1/2 inch iron rod found for the PLACE OF BEGINNING of the herein described tract;
THENCE South 000 04' 22" West continuing along the west Right -Of -Way line of said State Highway 35.
a distance of 450.00 feet to a % inch iron rod found for corner;
THENCE West a distance of 242.00 feet to a %z inch iron rod found for corner:
THENCE North 00° 04' 22" East a distance of 450.00 feet to an "X" found in concrete for corner;
THENCE East a distance of 242.00 feet to the PLACE OF BEGINNING of the herein described tract and
containing within these calls 108,900 square feet or 2.5000 acres of land.
3
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R.AT SHOWING A SURVEY OF T80
TRACTS OF LAND MAGA 101 1405
ACRE TRACT OUT OF LD TS 64674
OF ME W IYCHLINSKI SUBDIVISION
LOCATED IN SECTION 2 OF THE HT
118R R. CO SURVEY, A-542 AAV OUT
OF LOTS T0, 75 8 79 OF THE W
ZYCHLJNSKI SUBDIVISION LOCATED
!N SECTION 3 OF THE HT 8 AR . k
CO. SURVEY, A-232 AND A TRACT
OF LAND BEING A 2.7000 ACRE k_TRACT OUT OF LOT 64 OF THE w
YCHLINSKl SUBO1NS10N LOCATED
IN SECTION 2 OF THE H T 8 BR R
CO SURVEY, A-542, BRAZOR/A
COUNTY, TEXAS
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Vicinity Map - Pearland, TX
This product is for informational 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,
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
Exhibit "C"
Ordinance No. 2000M-88
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: i Date 1 20 /l^
No Date 20
No. Date 20
• . No Date 20
. No. Date 20
Subscribe and sworn to before me this
20%-
heeavi
tQ
LAURA ANN EMMONS
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 0949-2014
day of
CFO
Laura Ann Emmons, Publisher
Notary Public, State of Texas
,,87,E,2®4v•41-
i f l 41
Fort Bend Counts.,
Tone, will conduct a
joint public hearing m
the Council Chamitsne
of City Hall, located at
3519 Liberty Drive,
Peartand, Texas, at the
request of South Park
Funeral Home, owner
and applicant, for
approval of a zone
change from the Light
Industrial (M•1) zone to
the General Commerdd
(OC) zone for 103.6405
acme, more specific*
described as:
A
■ 74
survey of two trach of
Ind being a 101.1406
acre tract out of lots 1144 &
of the W. Zychlkneld
Subdivision located In
Semon 2 of the H. T. &
R. R. Co. Survey, A-
542 and out of lots 70,
75,&79ofthe W.
Ziehlinski Subdivision
kicked in Section 3 of
the N. T.&B. R. R. Co.
Survey, A-232 • and a
tract of land being a
2.500 acre tract out of
64 of the W. Zycl*isM
Subdivision located In
Section 2 of the H. T. &
B. R. R. Co. Survey, A-
542, Brazoria County,
TX
PkimMg Oepalaent at
261462-1768. B.
Harald ale
City Planner
Published August 1,
2012
IMI ICE OF A JOINT
POW HEARING OF
YIN! CITY COUNCIL
MA THE PLANNING
NO ZONING COM•
MINON OF THE CITY
OP PEARLAND,
111108
CHANGE APPLI-
CATION NO.2012-06Z
A
that on August 20, 2012,
at 6:30 p.m., the City
Council and Planning
and Zoning Commission
*the City of Pesdand,
In Semens, timid and
Gsnwral Location:
1310 N. Main St,
Pearland, TX
At dohs kiarliNi, ell lallt+
ested parties shall have
the right and oppoituniy
to appear and be heard
on the subject. For alk
Tonal IneonnaYen,
plow contact the
Exhibit "D"
Ordinance No. 2000M-88
Planning & Zoning Commission
Recommendation Letter
August 21, 2012
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Zone Change 2012-06Z
Honorable Mayor and City Council Members:
At their meeting on August 20, 2012, the Planning and Zoning Commission considered
the following:
A request of South Park Funeral Home, owner and applicant, for approval of a
zone change from the Light Industrial (M-1) zone to the General Commercial
(GC) zone for 103.6405 acres on the following described property:
LEGAL DESCRIPTION:
A survey of two tracts of land being a 101.1405 acre tract out of lots 64 & 74 of
the W. Zychlinski Subdivision located in Section 2 of the H. T. & B. R. R. Co.
Survey, A-542 and out of lots 70, 75, & 79 of the W. Zychlinski Subdivision
located in Section 3 of the H. T. & B. R. R. Co. Survey, A-232 and a tract of land
being a 2.500 acre tract out of lot 64 of the W. Zychlinski Subdivision located in
Section 2 of the H. T. & B. R. R. Co. Survey, A-542, Brazoria County, TX
GENERAL LOCATION: 1310 N. Main St, Pearland, TX
Following staff presentation, Commissioner Ginger McFadden made a motion to
approve the zone change. The motion was seconded by Commissioner Daniel
Tunstall. The vote was 5-0 and the motion passed.
Sincerely,
Harold Ellis, City Planner
On behalf of the Planning and Zoning Commission
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF AUGUST 20, 2012
Zone Change No. 2012-06Z
A request of South Park Funeral Home, owner and applicant, for approval of a zone
change from the Light Industrial (M-1) zone to the General Commercial (GC) zone
for 103.6405 acres on the following described property, to wit:
Legal Description: A survey of two tracts of land being a 101.1405 acre tract out of
lots 64 & 74 of the W. Zychlinski Subdivision located in Section
2 of the H. T. & B. R. R. Co. Survey, A-542 and out of lots 70,
75, & 79 of the W. Zychlinski Subdivision located in Section 3
of the H. T. & B. R. R. Co. Survey, A-232 and a tract of land
being a 2.500 acre tract out of lot 64 of the W. Zychlinski
Subdivision located in Section 2 of the H. T. & B. R. R. Co.
Survey, A-542, Brazoria County, TX
General Location: 1310 N. Main St, Pearland, TX
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone
change application will be considered as follows:
Planning and Zoning Commission: August 20, 2012*
City Council for First Reading: September 10, 2012*
City Council for Second Reading: September 24, 2012*
(*dates subject to change)
SUMMARY: South Park Funeral Home, owner and applicant, is requesting approval of
a zone change from the Light Industrial (M-1) zoning district, to the General Commercial
(GC) zoning district for 101.1405 acres for the above referenced location. The property
is generally located at the southwest corner of Main Street and Knapp Road. It is
currently developed and being used as a South Park Funeral Home, classified as
Mortuary/Cemetery (including Mausoleum/Crematorium) and Funeral Home, according
to the City's Land Use Matrix. South Park also owns and operates approximately 18
acres of land on the east side of Main Street for the same type of use.
The City of Pearland's Land Use Matrix in the Unified Development Code (UDC)
indicates that a Mortuary/Cemetery is not permitted in the Light Industrial (M-1) zoning
district, and a Funeral Home is only permitted in the Light Industrial (M-1) zoning district
with the approval of a Conditional Use Permit (CUP). Therefore, the applicant is
JPH 8-20-12
Zone Change 2012-06Z
Page 1
requesting that the property's zoning be changed to General Commercial (GC) which
permits both land use designations by right, thus reflecting the property's actual use.
This will also allow the applicant to expand site operations in the future without
triggering and zoning requirements, such as a zone change or Conditional Use Permit
(CUP).
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Light Industrial (M-1) Commercial
South Light Industrial (M-1) Commercial
East General Commercial (GC) Commercial, Vacant, Cemetery
and Light Industrial (M-1)
West Light Industrial (M-1) and City Vacant, Residential
of Brookside Village
CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC): As previously
mentioned, the property is currently zoned Light Industrial (M-1). As the property is
currently being requested to be rezoned to General Commercial (GC), a breakdown
between those requirements and the site current configuration is provided below:
General Commercial Existing Site
Lot Size: 22,500 sq ft 101.1405 acres
Lot Width: 150' 2,050'
Lot Depth: 125' 2,750
Front Setback: 25' -50' (site operations)
Rear Setback: 25' -75' (site operations)
Side Setback: 10' -15' (site operations)
As discussed, the property is currently being used as a Mortuary/Cemetery (including
Mausoleum/Crematorium) and Funeral Home. As a Mortuary/Cemetery is not permitted in
the Light Industrial (M-1) zoning district, and a Funeral Home is only permitted in the Light
Indisutrical (M-1) zoning district with the approval of a Conditional Use Permit (CUP), the
existing site is considered to be non -conforming. Approval of the requested zone change
will bring the entire site into compliance with the Unified Development Code's Land Use
regulations. Any future expansion of the use for will be required to meet all requirements of
the Unified Development Code.
PLATTING STATUS: The property is not currently platted. Any future expansion of the
property (square footage or paving) will require the property to be platted at that time.
CONFORMANCE WITH THE COMPREHENSIVE PLAN: The current Comprehensive
Plan (latest update in 2009) indicates Public/Semi Public for the subject property. The
JPH 8-20-12
Zone Change 2012-06Z
Page 2
Comprehensive Plan further indicates that any zoning district could be considered a
corresponding zone. As the property is currently developed and used as a
Mortuary/Cemetery (including Mausoleum/Crematorium) and Funeral Home, if the zone
changed is approved staff has determined it would be in compliance with the current
Comprehensive Plan. Further, as indicated in the excerpt below from the current
Comprehensive Plan, the City did take into account the current use for this property at the
time of the last Comprehensive Plan update, and designated the area what was deemed to
be the closest fit to the actual land use operation at the time:
Braz
Medium Density Re
Low Density Residential
r
CONFORMANCE WITH THE THOROUGHFARE PLAN: The subject property has
frontage on Main Street, a major thoroughfare, with a minimum of 120' right-of-way; and
Knapp Rd, a minor collector, with a minimum of 60' right-of-way.
AVAILABILITY OF UTILITIES: The subject parcel does have access to public water and
sewer.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: As this development already
exists with no known negative impacts, the proposed zone change and any potential
expansion is not anticipated to have any negative impacts on existing surrounding or
future developments.
ADDITONAL COMMENTS: This request has been reviewed by the City's Development
Review Committee and there are no additional comments from other departments at the
time of this report.
SITE PLAN CONSIDERATIONS: A site plan is not required for a zone change.
PUBLIC NOTIFICATION: Public notice/comment forms were mailed to property owners
within 200 feet of the subject property under consideration. A legal notice of public hearing
was published in the local newspaper, and a notification sign was placed on the subject
property.
OPPOSITION TO OR SUPPORT OF PROPOSED REQUEST: Staff has not received any
comments either in opposition to or in support of the proposed zone change request.
JPH 8-20-12
Zone Change 2012-06Z
Page 3
STAFF RECOMMENDATION: Staff recommends approval of the Zone Change 2012-06Z
as proposed by the applicant for the following reasons:
1. The proposed zone change will bring an existing non -conforming use into
compliance with the City's current Unified Development Code.
2. The proposed zone chance will bring existing non -conforming property into
compliance with the City's Future Land Use Plan.
3. The current use exists with no known negative impacts to the City or surrounding
properties.
4. Any future expansion is not anticipated to have any negative impacts to the City or
surrounding properties.
SUPPORTING DOCUMENTS:
• Vicinity and Zoning Map
• Property Ownership Map
• Property Owner Notification List
• Future Land Use Plan
• Aerial Photograph
• Zone Change Application and Applicant Documents
• Related Documents
JPH 8-20-12
Zone Change 2012-06Z
Page 4
Industrial
Medium Density Residential
Low Density Residential
High Density Residential
FLUP Map
Zone Change 2012-06Z
1310 N. Main
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.
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1310 N. Main
This producis for information purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes.
It does not represent ari on -the -ground survey
and represents only the approximate relative
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0 125 250 500 Fee
CITY OF PEARUKD
REPRINT
r,* CUSTOMER RECEIPT ,,,
Open: JCOTTER Type: OC Drayer: 1
Date: 7/18/12 81 Receipt co: 276238
restriction CAuantity Amount
BA BOARD OF ADJUSTMENTS
1.88 525.60
Trans number: 3775287
ZONE CHANGE 1318 N MAIN
RENE SALINAS
ROBERT C MURRAY III
PISA
STEWA T ENTERPRISES
Tender detail
ER CREDIT CARD
Total tendered
Total payment
Trans date: 7/19112
25. as
$25.0
$25.0
T.se:
CITY GF PEARLAND
REPRINT
,,, CUSTOMER RECEIPT **,
Gpe:: JCOTTER Type: GC Drayer: 1
Data: 7/18/12 81 Receipt no: 276227
Description CLantitr Amount
BA BOARD OF ADDUSTMENT3
1.06 5455 ee
Trans number: 3775235
ZONE CHANGE FOR 1316 N MAIN
RENE SALINAS
ROBERT C MURRAY III
Tender detail
C1 CHECR n9821 x458.88
Total tendered $458.40
Total payment 545x.
Trans date: 7/19/1' Time: 18:81:4a
ZONE CHANGE APPLICATION Page 4 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:
2c, C CHAN GE'
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.
1/19/2,312-
TAX CERTIFICATE
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Issued To:
SOUTH PARK FUNERAL HOME
1310 N MAIN
PEARLAND , TX 77581
Fiduciary Number:
21963360
>--
Account Number: 0542-0056-000
Certificate No: 185167369
Certificate Fee: $10.00
Legal Description:
DBA NIDAY FUNERAL HOME LT MB 542 H T &
B PEARLAND, ACRES 2.500
Parcel Address: 1310 N MAIN ST HWY 35
Legal Acres: 2.5000
Print Date: 07t20/2012
Paid Date: 07/20/2012
Issue Date: 07/20/2012
Operator ID: STAC
<--
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE
PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED
PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2011. ALL TAXES ARE PAID IN FULL
Exemptions: Certified Owner:
2011 Value:
2011 Levy:
2011 Levy Balance:
Prior Year Levy Balance:
Total Levy Due:
P&I + Attorney Fee:
Total Amount Due:
Reference (GF) No: N/A
Issued By:
RO'VIN GAR TT, R - TA
503,810
$13,772.15
50.00
$0.00
$0.00
$0.00
$0.00
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
(979) 864-1320, (479) 388-1320, (28i) 756.1320
delinquent_ tax_ceniticate.rdf v1.71
RESTLAND OF DALLAS
%CHRIS W THREADG[LL
13005 GREENVILLE AVE
DALLAS , TX 75243-1916
Certified Tax Unit(s):
1 BRAZORIA COUNTY
9 SPECIAL ROAD & BRIDGE
28 PEARLAND ISD
54 BRAZORIA DRAINAGE DIST 4
96 CITY OF PEARLAND
TAX CERTIFICATE
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Issued To:
SOUTH PARK FUNERAL HOME
1310 N MAIN
PEARLAND , TX 77581
Legal Description:
DBA SOUTH MEMORIAL PARK PT LTS 63-69
542 HT & B PEARLAND, ACRES 26,000
Fiduciary Number: 21963360 Parcel Address:
Legal Acres: 26.0000
>--
Account Number: 0542-0076-116
Certificate No: 185167368
Certificate Fee: 510.00
Print Date: 07/20/2012
Paid Date: 07120/2012
Issue Date: 07/20/2012
Operator ID: STAC
<--
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE
PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED
PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2011. ALL TAXES ARE PAID IN FULL
Exemptions: Certified Owner:
2011 Value:
2011 Levy:
2011 Levy Balance:
Prior Year Levy Balance:
Total Levy Due:
P&1 + Attorney Fee:
Total Amount Due:
260,000
S7,107.36
80.00
50.00
50.00
80.00
S0.00
Reference (G ) No: N'A
Issued By; �.{�
s.
RO'VIN GARRET7, R A�y`
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
(979) 864-1320, (979) 388-1320, (281) 756-1320
del i nquent_tax_cen i l icate. rdf v1.71
RESTLAND OF DALLAS
%CHRIS W THREADGILL
13005 GREENVILLE AVE
DALLAS , TX 75243-1916
Certified Tax Unit(s):
t BRAZORIA COUNTY
9 SPECIAL ROAD & BRIDGE
28 PEARLAND ISD
54 BRAZORIA DRAINAGE DIST 4
96 CITY OF PEARLAND
> — —
Account Number: 0542-0076-099
Certificate No: 185167367
Certificate Fee: 510.00
TAX CERTIFICATE
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Issued To:
SOUTH PARK FUNERAL HOME
1310 N MAIN
PEARLAND , TX 77581
Legal Description:
DBA SOUTH MEMORIAL PARK BLDGS ONLY ON
PT LT E4 542 H T & B PEARLAND
Fiduciary Number: 21963360 Parcel Address: N MAIN ST HWY 35
Legal Acres: .0000
Print Date: 07/20/2012
Paid Date: 07/20/2012
Issue Date: 07/20/2012
Operator ID: STAC
<--
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE
PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED
PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2011. ALL TAXES ARE PAID IN FULL
Exemptions: Certified Owner:
RESTLAND OF DALLAS
%CHRIS W THREADGILL
13005 GREENVILLE AVE
DALLAS , TX 75243-1916
2011 Value:
2011 Levy:
2011 Levy Balance:
Prior Year Levy Balance:
Total Levy Due:
P&I + Attorney Fee:
Total Amount Due:
Reference (Gj) No: NIA
Issued By:
RO'VIN GARRETT, RTA
BRALOB1A COUNTY TAX ASSESSOR - COLLECTOR
(979) 864-1320, (979) 388-1320, (281) 756-1320
54,680
$1,494.73
S0.00
80.00
80.00
80.00
80.00
detinquent_tax_certficatc.rdf v 1.71
Certified Tax Unit(s):
1 BRAZORIA COUNTY
9 SPECIAL ROAD & BRIDGE
28 PEARLAND ISD
54 BRAZORIA DRAINAGE DIST 4
96 CITY OF PEARLAND
TAX CERTIFICATE
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Issued To: Legal Description:
SOUTH PARK FUNERAL HOME
1310 N MAIN
PEARLAND, TX 77581
A0233 H T & 13 R R (PEARLAND), TRACT 94,
ACRES 14.800
Fiduciary Number: 21963360 Parcel Address: OLD ALVIN RD
Legal Acres: 14.8000
>--
Account Number: 0233-0036-130
Certificate No: 185167366
Certificate Fee: 510.00
Print Date: 07/20/2012
Paid Date: 07/20/2012
Issue Date: 07/20/2012
Operator ID: STAC
<--
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE
PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED
PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2011. ALL TAXES ARE PAID IN FULL
Exemptions: Certified Owner:
2011 Value:
2011 Levy:
2011 Levy Balance:
Prior Year Levy Balance:
Total Levy Due:
P&I + Attorney Fee:
Total Amount Due:
Reference (G No: N/A
Issued By:
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
(979) 864-1320, (979) 388-1320, (281) 756-1320
148,000
$4.045.73
S0.00
50.00
50.00
50.00
50.00
ddinquent_tax certilicate.rdfv1.71
RESTLAND OF DALLAS
%CHRIS W THREADGILL
13005 GREENVILLE AVE
DALLAS , TX 75243-1916
Certified Tax Unit(s):
1 BRAZORIA COUNTY
9 SPECIAL ROAD & BRIDGE
28 PEARLAND ISD
54 BRAZORIA DRAINAGE DIST 4
96 CITY OF PEARLAND
>--
Account Number: 0233-0036-110
Certificate No: 185167365
Certificate Fee: $10.00
TAX CERTIFICATE
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Issued To:
SOUTH PARK FUNERAL HOME
1310 N MAIN
PEARLAND , TX 77581
Legal Description:
A0233 H T& B R R (PEARLAND), TRACT 68,
ACRES 20.000
Fiduciary Number: 21963360 Parcel Address: OLD ALVIN RD
Legal Acres: 20.0000
Print Date: 07/20/2012
Paid Date: 07/20/2012
Issue Date: 07/20/2012
Operator ID: STAC
<--
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE
PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED
PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2011. ALL TAXES ARE PAID IN FULL
Exemptions: Certified Owner:
2011 Value: 200,000
2011 Levy: 55,467.20
2011 Levy Balance: $0.00
Prior Year Levy Balance: $0.00
Total Levy Due: 50.00
P&1 + Attorney Fee: $0.00
Total Amount Due: $0.00
Reference (GF) No: N/A
Issued By: Acji.
RO'VIN GAA
BRAZORIA COi'NTY TAX ASSESSOR - COLLECTOR
(979) 864-1320, 079) 388-1320, (281) 756-1320
delinquent tax certitieate,rdfvl 71
RESTLAND OF DALLAS
%CHRIS W THREADGILL
13005 GREENVILLE AVE
DALLAS , TX 75243-1916
Certified Tax Unit(s):
1 BRAZORIA COUNTY
9 SPECIAL ROAD & BRIDGE
28 PEARLAND ISD
54 BRAZORIA DRAINAGE DIST 4
96 CITY OF PEARLAND
TAX CERTIFICATE
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Issued To:
SOUTH PARK FUNERAL HOME
1310 N MAIN
PEARLAND. TX 77581
Legal Description:
A0233 H T& B R R (PEARLAND), TRACT 62.
ACRES 19.850
Fiduciary Number: 21963360 Parcel Address: OLD ALVIN RD
Legal Acres: 19.8500
>--
Account Number: 0233-0036-000
Certificate No: 185167363
Certificate Fee: $10,00
Print Date: 07/20/2012
Paid Date: 07/20/2012
Issue Date: 07/20/2012
Operator ID: STAC
<--
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE
PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED
PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2011. ALL TAXES ARE PAID IN FULL
Exemptions: Certified Owner:
2011 Value:
2011 Levy:
2011 Levy Balance:
Prior Year Levy Balance:
Total Levy Due:
P&I + Attorney Fee:
Total Amount Due:
Reference (yFI No: N/A
Issued By:
RO'VtN GARRETT, RTA
BRAZORIA COL NTY TAX ASSESSOR - COLLECTOR
(979)864-1320,(979)388-1320,(231) 756-1320
198,500
$5,426.20
$0.00
50.00
$0.00
50.00
S0.00
delinquent_tax_certificate.rdf v1.71
RESTLAND OF DALLAS
%CHRIS W THREADGILL
13005 GREENVILLE AVE
DALLAS . TX 75243-1916
Certified Tax Unit(s):
1 BRAZORIA COUNTY
9 SPECIAL ROAD & BRIDGE
28 PEARLAND ISD
54 BRAZORIA DRAINAGE DIST 4
96 CITY OF PEARLAND
>--
Account Number: 0233-0034-140
Certificate No: 185167362
Certificate Fee: $10.00
TAX CERTIFICATE
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
111 E. LOCUST
ANGLETON, TEXAS 77515
Issued To:
SOUTH PARK FUNERAL HOME
1310NMAIN
PEARLAND , TX 77581
Legal Description:
A0233 H T & B R R (PEARLAND), TRACT 93,
ACRES 14.250
Fiduciary Number: 21963360 Parcel Address: OLD ALVIN RD OFF
Legal Acres: 14.2500
Print Date: 07/20/2012
Paid Date: 07/20/2012
Issue Date: 07/20/2012
Operator ID: STAC
<--
TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECT TO CHANGE
PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED
PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2011. ALL TAXES ARE PAID IN FULL
Exemptions: Certified Owner:
2011 Value:
2011 Levy:
2011 Levy Balance:
Prior Year Levy Balance:
Total Levy Due:
P&I + Attorney Fee:
Total Amount Due:
142,500
$3,895.39
50.00
50.00
$0.00
$0.00
Reference ( No: N,`��
Issued By:
RO'VIN GARRETT, RTA
BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR
(979)864-1320,(979)388-1320,(281)756-1320
S0.00
del inquent_tax_certilicate.rrdf v1.71
RESTLAND OF DALLAS
%CHRIS W THREADGILL
13005 GREENVILLE AVE
DALLAS , TX 75243-1916
Certified Tax Unit(s):
1 BRAZORIA COUNTY
9 SPECIAL ROAD & BRIDGE
28 PEARLAND ISD
54 BRAZORIA DRAINAGE DIST 4
96 CITY OF PEARLAND
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Vicinity and Zoning Map
Zone Change 2012-06Z
1310 N. Main
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.
0 245 490 980 Feet
N
A