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Ord. 2000M-0089 2012-10-22ORDINANCE NO. 2000M-89 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 67.4 ACRES OF LAND LOCATED IN THE H.T. & B. R.R. CO. SURVEY, ABSTRACT 233, BRAZORIA COUNTY, TEXAS, MORE PARTICULARLY BEING A PORTION OF LOTS 62, 63, 68, 69, AND 94 OF THE W. ZYCHLINSKI SUBDIVISION OF RECORD IN VOLUME 29, PAGE 43 OF THE DEED RECORDS OF BRAZORIA COUNTY TEXAS (B.C.D.R.). (LOCATED ON THE EAST AND WEST SIDES OF OLD ALVIN ROAD, PEARLAND, TEXAS), ZONE CHANGE 2012-08Z, A REQUEST OF ALAN MUELLER, APPLICANT, ON BEHALF OF S. E. CEMETERIES OF TEXAS, INC., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM THE GENERAL COMMERCIAL (GC) AND SINGLE FAMILY RESIDENTIAL -1 (R-1) TO THE SINGLE FAMILY RESIDENTIAL -2 (R-2) 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, Alan Mueller, applicant, on behalf of S. E. Cemeteries of Texas, Inc., 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 General Commercial (GC) and Single Family Residential -1 (R-1) to Single Family Residential -2 (R-2); 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 17th day of September, 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 ORDINANCE NO. 2000M-89 Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 17th day of September, 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 Alan Mueller, applicant, on behalf of S. E. Cemeteries of Texas, Inc., owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of General Commercial (GC) and Single Family Residential -1 (R-1) to Single Family Residential -2 (R-2), 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 8th day of October, 2012 and; 22th day of October 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 Alan Mueller, applicant, on behalf of S. E. Cemeteries of Texas, Inc., 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 General Commercial (GC) and Single Family Residential -1 (R-1) to Single Family Residential -2 (R-2), in accordance with all conditions and requirements of the current Unified Development Page 2 of 4 Ord No 2000M-89 ORDINANCE NO. 2000M-89 Code and incorporated for all purposes, such property being more particularly described as: Being 67.4 acres of land located in the H.T. & B. R.R. Co. Survey, Abstract 233, Brazoria County, Texas, more particularly being a portion of Lots 62, 63, 68, 69, and 94 of the W. Zychlinski Subdivision of record in Volume 29, Page 43 of the Deed Records of Brazoria County Texas (B.C.D.R.) General Location: East and West sides of Old Alvin Road, north of McHard 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 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-89 ORDINANCE NO. 2000M-89 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 8th day of October, 2012. TOM REID MAYOR PASSED, APPROVED, and ADOPTED on Second and Final Reading this 22nd day of October, 2012. APPROVED AS TO FORM: CITY ATTORNEY TOM REID MAYOR Page 4 of 4 Ord No 2000M-89 Exhibit A Ordinance No. 2000M-89 ZONE CHANGE APPUCATION Page 1 of 5 Updated June 2010) City of Pearland Community Development 3523 Darty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax v+ rww,cityofpserland.com APPLICATION FOR A CHANGE IN ZONING Current Zoning District: &C. , R;1 Proposed Zoning District R 2_ Property Information: / ('� Address or General Location of Property: BSA 51 , dd ,9/v,., goac3 /14,-,1% ifricereS Tax Account No. Tn r z2 b 4 : /657943 /l 5 7, /45707/ /77/4,5 - Subdivision: 77/45Subdivision: Al ned 233, NT 4. Iie.Surve7/ Lot:62163,46 f 9#Block: A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME S ,�. Ge.,eba-, +Ps .CQ3 s-r<"Gto ADDRESS 543 g- .0,7471/1-5,1- / CITY Gr P",,� STATE ?X ZIP 764 -Sr PHONE(Vc l ) 74 'Z -1/96 FAX(_:„. E-MAIL ADDRESS Re-mar/7e sited. cam, APPLICANT/AGEN,,TTINFORMATION: NAME/9/6.) ADDRESS 4.201 Awad : sa CITY ria., STATE ZIP 77.CS1 PHONE(Z7/ ) 412- 9.Z/0 FAX(Zt/ ) 4-14 9060 E-MAIL ADDRESS ct"hr.2 wour x-eXas. (*.Prot. *Property owner must be the current owner of the property at the lime of submittal of the application, and not the party that has the property under contract. As owner and applicant, 1 hereby request approval of the above described request as provided for by the Unified Devel City of Peariand. Owner's Signature: Agents/Appllcant's Signature: OFFICE USE ONLY: Ft;�3 PAID: DATE i[VfENED1 iig.f PAID: p BY: Date: 1`! 1z_ Date: 61/447j/i Z— NUB: 3°3.3 Aoolication No. d- (�• Designated Agent Letter (with documentation of name change of property owner from "Restland of Dallas" to "S.E. Cemeteries of Texas") Lata Krishnarao Director of Planning 01> of Pearland 3519 Liberty Drize Pearland TX 77581 RE. ..1s. Krislmarao: hereby assign Alan Mueller as agent on behalf of S.E, Cemeteries of Texas. Inc. (formerly Restland of Dallas). for the sole purpose of representing S.F. Cemeteries of Texas. Inc, in its zoning application for approximately 78.9 acres on Old Alvin Road, north of Nlaiard Road. This representation as agent is only for this transaction and \N mild not he for an other use, This authorization as agent does not include the power to bind S.E. Cemeteries of Texas. Inc. to any liability or payment obligation. Please contact ine i I uu have questions, Robert C. Murra> President S.E, Cemeteries of Texas. Inc. (Formed> KnoN‘n as Restland of Dallas) 523 South Main Street (rapevine, lexas 761)51 Date Corporations aectzon P.O.14ox 13697 Austin, Texas 78711-3697 February 02, 2005 Office of the Secretary of State Law OfficesChat e, McCall, Phillips, Toler & Sarpy, LLP 2300 Energy Centre, 1100 Poydras Street New Orleans, LA 70163 USA RE: S. E. Cemeteries of Texas, Inc. ( Filing Number: 37248600 ) Geoffrey S. Connor Secretary of State It has been our pleasure to approve and place on record your articles of merger. The appropriate evidence is attached for your files. Payment of the filing fee is acknowledged by this letter. If we can be of further service at any time, please let us know. Sincerely, Corporations Section Statutory Filings Division Enclosure Come visit us on the Internet at http://www.sos.statc.tx.us/ Phone; (512) 463.5555 Fax: (512) 463-5709 TTY; 7-1-1 Prepared by: Angie Hurtado Document: 81460070002 Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 Office of the Secretary of State CERTIFICATE OF MERGER Geoffrey S. Connor Secretary of State The undersigned, as Secretary of State of Texas, hereby certifies that the attached articles of merger of BLUEBONNET HIT JA MEMORIAL PARK, INC. Domestic Business Corporation [Filing Number: 12370700] HIGHLAND MEMORIAL GARDENS, INC. Domestic Business Corporation [Filing Number: 42830400] HILLTOP MEMORIAL PARK Domestic Business Corporation [Filing Number: 10977100] LAUREL LAND MEMORIAL PARK, INC. Domestic Business Corporation [Filing Number. 5662300] LAUREL LAND OF FORT WORTH, INC. Domestic Business Corporation [Filing Number: 101957300] Lrf LE BETE EL MEMORIAL PARK, INC. Domestic Business Corporation [Filing Number: 76152400] ROSBLAWN MEMORIAL GARDBNS, INC. Domestic Business Corporation [Filing Number 63384700] SOUTH MEMORIAL PARK, INC. Domestic Business Corporation [Filing Number: 18339000] into S. E. Cemeteries of Texas, Inc. [Prior Name : RBSTLAND OF DALLAS,INC.] Domestic Business Corporation [Filing Number: 81248600) Phone: (512) 463-5555 Come visit us on dm interne at http://www.sos.state.tx.us/ Fax: (512) 463-5709 TTY: 7-1.1 Prepared by, Angie Mttedo Document: 81460070003 Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 Office of the Secretary of State have been filed in this office as of the date of this certificate. Geoffrey S. Connor Secretary of State Accordingly, the undersigned, as Secretary of State, and by the virtue of the authority vested in the secretary by law, hereby issues this certificate of merger. Dated: 02/01/2005 Effective: 02/01/2005 ®12:01 a.rm Page 2 cont'd Phone: (512) 463-5555 Prepared by: Angie Hurtado Geoffrey S. Connor Secretary of State Conic visit us on the internist at httpdtwww,aoa.statatx.us/ Fax: (512)463-5709 TTY: 7-14 Document 81460070003 Metes & Bounds Description with Exhibit August 16, 2012 Job No. 1406-3102 DESCRIPTION OF 67.4 ACRES Being 67.4 acres of land located in the H.T. & B. R.R. Co. Survey, Abstract 233, Brazoria County, Texas, more particularly being a portion of Lots 62, 63, 68, 69 and 94 of the W. Zychlinski Subdivision of record in Volume 29 Page 43 of the Deed Records of Brazoria County Texas (B.C.D.R.), said 67.4 acres being more particularly described in two (2) parts by metes and bounds as follows; PART 1 BEGINNING at the southwest comer of Crosspoint Fellowship Church, a subdivision of record in Volume 22, Pages 53-54, of the Plat Records of Brazoria County, Texas, (B.C.P.R.), same being a point on the westerly right-of-way line of Old Alvin Road and a point on the northerly line of aforementioned Lot 68; Thence, South 00° 18' 53" West, along said westerly right-of-way line of Old Alvin Road, 1,185.9 feet to a point for comer, same being on the southeasterly line of aforementioned Lot 62 and a point on the common line of the H.T. & B. R.R. Co. Survey and the D.H.M. Hunter Survey, Abstract 76; Thence, South 44° 18' 48" West, along the westerly line of Lot 62 and said common survey line, 115.9 feet to a point for comer, same being an angle point on south line of saki Lot 62; Thence, departing said common survey line, with the south line of Lot 62 and aforementioned Lot 63, West, 1,756.3 feet to a point for corner; Thence, departing the southerly line of Lot 63, North, 1,003.7 feet to a point for comer; Thence, North 21° 31' 03" West, 256.0 feet to a point for comer; Thence, North 38° 28' 57" East, 34.4 feet to a point for comer on the north line of aforementioned Lot 69; Page 1 of 2 I:\Projdskt\SURV EY\1406\3102UN&B\87_4_Acres.doc 67.4 acres August 16, 2012 Job No. 1406-3102 Thence, East, with the north line of said Lot 69 and aforementioned Lot 68, 1,916.2 feet to the POINT OF BEGINNING and containing 53.8 acres of land; PART 2 Beginning at the intersection of north line of aforementioned Lot 94 and the east right-of- way line of Old Alvin Road, same being the southwest comer of Twin Wood Subdivision, of record in Volume 17, Pages 295 and 296, B.C.P.R.; Thence, East, with the common line of said Lot 94 and Twin Wood Subdivision, at 286.07 feet pass the most southerly southeast comer of said Twin Wood Subdivision, continuing with the common line of said Lot 94 and Lot 93 of aforementioned W. Zychlinski Subdivision, in all a distance of 1,071.3 feet to the common easterly comer of said Lots 93 and 94, same being on the common line of aforementioned H.T. & B. R.R. Co. Survey and the D.H.M. Hunter Survey; Thence, with the southeasterly line of said Lot 94, and said common survey line, South 44° 18' 48' West, 1,542.1 feet, to a point for corner on the east right-of-way line of Old Alvin Road; Thence, leaving said southeasterly line and said common survey line, with said east right-of-way line, North 00° 18' 53' East, 1,103.5 feet to the POINT OF BEGINNING and containing 13.6 acres of land; Said Part 1 and Part 2 containing a total of 67.4 acres of land. This description is based on record information only and does not reflect an on the ground survey. Corners were not set at the client's request. Page 2 of 2 IAProjdsk159UFIVEY1140613102\M SB 67_4_Acres.doc UA Engineering, Inc. N38'28'57E 34.4' — CROSSPOINT FELLOWSHIP CHURCH VOL. 22 P. 53 B.C. P.R. East 19162' PDB. LOT 69 LOT 63 Part 1. 53.8 AC `. c..0 5k. G��\A‘ g- LOT 68 &o. PDB. LOT 62 In S4478'48W AREA SUMMARY Part I. 532 ACRES Part 2. /3.6 ACRES Total. 67.4 ACRES West 17562' 9 GO'�2� �. • W. ZYCHL INSK 1 scale: r 500' SUBD I V 151 ON (VOL. 29. PG. 43 B.C. D.R.) LOT 93 East 10713' PDB. Part. 2 13.6 AC. LOT 94 SURVEY LINE LOT 2 Q��v txapr �� OMcHARD ROAD EXHIBIT OF 87.4 ACRES LOCATED IN THE N.T. i 1. R.R. SURVIY, A.233 SRAZORIA COUNTY, TEXAS AUGUST 2012 J00 NO. 1400-3102 Parcel Map Printed from City Website M-1 F-1 A t'RL> f4 AR Ri „up Pia', a Scale 1:6324 Iin-.Stift letter of Intent Gromax Development Lata Krishnarao Director of Community Development City of Pearland 3519 Liberty Drive Pearland TX 77581 RE: Rezoning Application Letter of Intent Ms. Krishnarao: The applicant is requesting rezoning of the subject property to zoning category R-2 Residential. The intended use of the property is a single family residential neighborhood. A separate cluster plan application is anticipated. We believe this zoning category is appropriate for several reasons: • The existing Hickory Creek neighborhood adjacent to the north and east of the applicant's property is already zoned and developed as R-2. • Crosspoint Church is directly north of the applicant's property; an R-2 use would be compatible with the existing use. Crosspoint is currently beginning construction of a larger sanctuary on their property. • The comprehensive plan depicts the subject property as low density residential uses. R-2 is not considered a low density use, but R-2 is consistent with surrounding existing and proposed uses. o The comprehensive plan depicts the property south of the applicant's property as office uses. R-2 is more compatible with the proposed adjacent office uses than larger lot residential uses would be. o The comprehensive plan depicts the property east of the applicant's property as industrial uses. R-2 is more compatible with the proposed adjacent industrial uses than larger lot residential uses would be. • The R-2 category is consistent with surrounding properties and is responsive to current and projected home buyer demands for this area. • A portion of the applicant's property (not part of this zoning request) is already zoned R-2. Upon successful completion of the zoning process, the development/builder team intends to move directly to platting and development of the first phase of the subdivision. Please contact me if you have questions. 5inc/cyel , Alan R. Mueller 4201 bi'. Broadway, Pearly»c1. 7 'xcr.s 77581 281-412-9210 * Fax: 281-41 2-9060 De rc t o pm c' n t @gro rnczxl a xas. c o rn ZONE CHANGE APPLICATION Page 2 of 5 Updated June 2010) APPLICATION CHECKLIST FOR THE FOLLOWING • Zone Changes • Planned Development Districts (PD [Application, filled out completely, and signed by the owner of the property to be considered for the conditional use permit. [t% If the applicant is the designated agent, the application shall include a written statement from the property owner authorizing the agent to file the application on his half. Section 1.2.1.1 (a) of the Unified Development Code. Metes and Bounds Description, (Survey, or a Plat of the property that provides or contains the metes and bounds description). Li'l Parcel map, printed from the City of Pearland website, indicating the location and boundaries of the subject property. VLetter of Intent, explaining the zone change request in detail and why the zoning is being requested to be changed, and state the uses being proposed Application fee, as determined below, by cash, check made payable to the City of Pearland, or credit card (Visa and MasterCard only) *Letter of Intent is not required for a PD. • Zero (0) to less than 25 acres: o $ 250.00, plus $25.00 per each type of zoning district requested; or o $ 400.00 if requesting a Planned Development (PD) • 25 to less than 50 acres: o $ 300.00, plus $25.00 per each type of zoning district requested; or o $ 450.00 if requesting a Planned Development (PD) 50 to less than 75 acres: o $ 350.00, plus $25.00 per each type of zoning district requested; or o $ 500.00 if requesting a Planned Development (PD) • 75 to less than 100 acres: o $ 400.00, plus $25.00 per each type of zoning district requested; or o $ 550.00 if requesting a Planned Development (PD) • 100 acres and above: o $ 450.00, plus $25.00 per each type of zoning district requested; or o $ 600.00 if requesting a Planned Development (PD) ❑ For PD's Only: the proposed PD document in electronic form by date of application (either emailed or on a CD) (see PD Format for guidelines on how to prepare the PD). ZONE CHANGE APPLICATION Page 3 of 5 Updated June 2010) cknowledgement of the sign to be posted on the property 10 days prior to the public hearing. Provide evidence or proof that all taxes and obligations have been paid regarding the subject property. ❑ Application packets that are not complete will not be accepted. When a completed application packet has been accepted and reviewed, additional information may be required by staff as a result of the review, it may be necessary to postpone the proposed CUP/Zone Change and remove it from the scheduled agenda and place it on a future agenda date according to Section 1.2.1.2. of the Unified Development Code. Additional Information: Upon making an application for a zoning change or conditional use permit, the applicant shall place sign(s) as required. The City shall inspect such sign(s) to ensure compliance as required by the UDC. • After the zoning change or conditional use permit request is approved by the City Council, denied by the City Council, or withdrawn by the applicant, the applicant shall remove the sign from the area of the request within ten (10) days of such event. • It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a zoning change or conditional use permit has been requested. • In the event the applicant shall fail to erect and/or maintain signs in accordance with this section, then the public hearing before the Planning and Zoning Commission/City Council shall be postponed to a date in the future, which would allow time for compliance. • The erection of any sign required by this section shall not require a permit under Section 4.1.2.6 of this UDC. • The owner or applicant shall promptly notify the Planning Department of any sign required by this section, which becomes lost, stolen or vandalized. The Planning and Zoning Commission shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of lost, stolen or vandalized signs. Tax Certificates TAX CERTIFICATE RO'VIN GARRETT, RTA BRAZORIA COUNTY TAX ASSESSOR- COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Issued To: GROMAX DEVELOPMENT 4201 W. BROADWAY PEARLAND , TX 77581 Legal Description: A0233 H T & 13 R R (PEARLAND), TRACT 94, ACRES 14.800 Fiduciary Number: 1474828 Parcel Address: OLD ALVIN RD Legal Acres: 14.8000 >-- Account Number: 0233-0036-130 Print Date: 08/14/2012 Certificate No: 194818359 Paid Date: 08/14/2012 Certificate Fee: 510.00 Issue Date: 08/14/2012 Operator ED: JENNY <-- 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 EXAMJNED, UP TO AND INCLUDING THE YEAR 2011. ALL TAXES ARE PAID IN FULL Exemptions: 2011 Value: 148,000 2011 Levy: 84,045.73 2011 Levy Balance: $0.00 Prior Year Levy Balance: 80.00 Total Levy Due: 50.00 P&I + Attorney Fee: 50.00 Total Amount Due: 50.00 Referenc G No: NiA Issued RO'VIN BRAZO'=COU (979) 864-1320, (979 SSESSOR - COLLECTOR 20, (281) 756-1320 delinquent_tax_cenif cats rdf v1.71 Certified Owner: 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 Issued To: GROMAX DEVELOPMENT 4201 W. BROADWAY PEARLAND , TX 77581 RO'VIN GARRETT, RTA BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Legal Description: A0233 H T & B R R (PEARLAND), TRACT 68, ACRES 20.000 Fiduciary Number: 1474828 Parcel Address: OLD ALVIN RD Legal Acres: 20.0000 >-- Account Number: 0233-0036-110 Print Date: 08114/2012 Certificate No: 194818360 Paid Date: 08/14/2012 Certificate Fee: 510.00 Issue Date: 08!142012 Operator ID: JENNY <__ 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: 50.00 Prior Year Levy Balance: $0.00 Total Levy Due: 50.00 P&I + Attorney Fee: 50.00 Total Amount Due: 50.00 Referent No: N1.1 Issued B RO'VI BRAZ tri A COUNT '% (979) 864-1320, (979) ASSESSOR - COLLECTOR 0, (281) 756-1320 dclinquent_tax_cerIVIcatc.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 TAX CERTIFICATE ROWIN GARRETT, RTA BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Issued To: GROMAX DEVELOPMENT 4201 W. BROADWAY PEARLAND , TX 77581 Legal Description: A0233 H T& B R R (PEARLAND), TRACT 62, ACRES 19.850 Fiduciary Number: 1474828 Parcel Address: OLD ALVIN RD Legal Acres: 19.8500 >-- Account Number: 0233-0036-000 Certificate No: 194818361 Certificate Fee: $10,00 Print Date: 08/14/2012 Paid Date: 08/14/2012 Issue Date: 08/142012 Operator ID: JENNY <-- 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: 198,500 2011 Levy: 55,426.20 2011 Levy Balance: 50.00 Prior Year Levy Balance: 50.00 Total Levy Due: 50.00 P&I + Attorney Fee: 50.00 Total Amount Due: 50.00 Reference (GF) No: r Issued 4 t I OS RO' VIN * ' TT, RTA BRAZO OUNTY TA3C4Q'SS£SSQR - COLLECTOR (979)864-1320, (979) 388.1320.(18l) 75:-1320 delinquentta.Y_ccmliicate.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 7B7 TAX CERTIFICATE RO'VIN GARRETT, RTA BRAZORIA COUNTY TAX ASSESSOR - COLLECTOR 111 E. LOCUST ANGLETON, TEXAS 77515 Issued To: GROMAX DEVELOPMENT 4201 W. BROADWAY PEARLAND , TX 77581 Legal Description: DBA SOUTH MEMORIAL PARK LTS 64-74-74A PT LTS 63-69 542 H T & B PEARLAND, ACRES 40.210 Fiduciary Number: 1474828 Parcel Address: N MAIN ST HWY 35 Legal Acres: 40.1985 >-- Account Number: 0542-0076-111 Print Date: 08/14/2012 Certificate No: 194818363 Paid Date: 08/14/2012 Certificate Fee: 510.00 Issue Date: 08/14/2012 Operator ID: 7ENNY <-- TAX CERTIFICATES ARE ISSUED WITII 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: EXEMPT RESTLAND OF DALLAS %CHRIS W THREADGILL 13005 GREENVILLE AVE DALLAS , TX 75243-1916 2011 Value: 401,990 2011 Levy: 50.00 2011 Levy Balance: 50.00 Prior Year Levy Balance: $0,00 Total Levy Due: 50.00 P&1 + Attorney Fee: 50.00 Total Amount Due: Reference o: N/A Issued : 4-4 RO'VIN 1 RTA BRAZO' t UNTY TA$ dtSSESSO R - COL LECTOR (979) 864.1320, (979) 3884. , (28» 75.6-1320 50.00 delinquent_tax_coniflcste.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 blj/77/4 Vicinity and Zoning Map Zone Change 2012-08Z Old Alvin Road North of McHard 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 0 225 450 900 Feet I 1 1 1 I 1 1 1 1 A Planning & Zoning Commission Recommendation Letter September 18, 2012 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change 2012-08Z Honorable Mayor and City Council Members: At their meeting on September 17, 2012, the Planning and Z oning Commission considered the following: A request of Alan Mueller, applicant, on behalf of S. E. Cemeteries of Texas, Inc., owner, for approval of a zone change from the General Commercial (GC) and Single Family Residential -1 (R-1) zone to the Single Family Residential -2 (R- 2) zone for 67.4 acres on the following described property: LEGAL DESCRIPTION: Being 67.4 acres of land located in the H.T. & B. R.R. Co. Survey, Abstract 233, Brazoria County, Texas, more particularly being a portion of Lots 62, 63, 68, 69, and 94 of the W. Zychlinski Subdivision of record in Volume 29, Page 43 of the Deed Records of Brazoria County Texas (B.C.D.R.) GENERAL LOCATION: East and W est sides of Old Alvin Road, north of McHard, Pearland, TX Following staff presentation, discussion ensued regarding nearby City owned property and future development plans, cluster developments in general, lot sizes between R-1 and R-2 zoning districts, and development challenges for the property in question. Following this discussion, Commissioner Linda Cowles made a motion to approve the zone change. The motion was seconded by Commissioner Neil West. The vote was 6- 0 and the motion passed. Sincerely, Harold Ellis, City Planner On behalf of the Planning and Zoning Commission Owner CROSSPOINT FELLOWSHIP RESTLAND OF DALLAS, C/O CHRIS THREADGILL THE CHURCH FOR ALL PEOPLE MACKIN JOSEPH L MCHARD INTERESTS LTD HAIRSTON BETTIE RAE BERNAL FRANCISCO AS ACQUISITION CORP C/O JACOBSEN RICK ALAN MUELLER S. E. CEMETERIES OF TEXAS C/O ROBERT C MURRAY C MURRAY Address 1134 OLD ALVIN RD 13005 GREENVILLE AVE PO BOX 752343 1511 OLD ALVIN RD 9525 KATY FWY STE 130 PO BOX 1608 6141 GRIGGS RD 1323 N MAIN ST 4201 BROADWAY 523 S. MAIN ST City PEARLAND DALLAS HOUSTON PEARLAN D HOUSTON MONTGOMERY HOUSTON PEARLAN D PEARLAN D GRAPEVINE State Zip TX 77581 TX 75243-1916 TX 77275-2343 TX 77581-3005 TX 77024-1434 TX 77356-1608 TX 77023 TX 77581-2224 TX 77581 TX 76051 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF SEPTEMBER 17, 2012 aor Zone Change No. 2012-08Z A request of Alan Mueller, applicant, on behalf of S. E. Cemeteries of Texas, Inc., owner, for approval of a z one change from the General Commercial (GC) and Single Family Residential -1 (R-1) zone to the Single Family Residential -2 (R-2) zone for 67.4 acres on the following described property, to wit: Legal Description: Being 67.4 acres of land located in the H.T. & B. R.R. Co. Survey, Abstract 233, Brazoria County, Texas, more particularly being a portion of Lots 62, 63, 68, 69, and 94 ofthe W. Zychlinski Subdivision of record in Volume 29, Page 43 of the Deed Records of Brazoria County Texas (B.C.D.R.) General Location: East and West sides of Old Alvin Road, north of McHard APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: September 17, 2012* City Council for First Reading: October 8, 2012* City Council for Second Reading: October 22, 2012* (*dates subject to change) SUMMARY: Alan Mueller, applicant, on behalf of S. E. Cemeteries of Texas, Inc., owner, is requesting approval of a zone change from the General Commercial (GC) and Single Family Residential -1 (R-1) zone to the Single Family Residential -2 (R-2) zone. The property is currently undeveloped, and includes 13.6 acres of land on the east side of Old Alvin Road, north of McHard, that is currently zoned Single -Family Residential -1 (R-1) and 53.8 acres of land on the west side of McHard Road currently zoned General Commercial (GC). The applicant would like to rezone the entire property to Single -Family Residential -2 (R-2), and has indicated that if the zone change is approved, they will be submitting a subsequent Cluster Development plan for the entire property. JPH 9-17-12 Zone Change 2012-08Z Page 1 SURROUNDING ZONING AND LAND USES: North South East West Zoning Land Use General Business (GB) and Church/undeveloped Single -Family Residential -2 General Commercial (GC) Undeveloped and Single -Family Residential -1 (R-1) Single -Family Residential -1 Undeveloped (R-1) General Commercial (GC) Undeveloped CONFORMANCE WITH THE UNIFIED DEVELOPMENT CODE (UDC): As previously mentioned, the property is currently zoned General Commercial (GC) and Single -Family Residential -1 (R-1). At this time it appears that all bulk regulations set forth in the Unified Development Code are met for the existing zoning districts, as well as the proposed zoning District of Single -Family Residential -2 (R-2), based on t he size of the property. A comparison of the of the R-1 and R-2 zoning district is listed below: R-1 R-2 Lot Area 8,800 Sq. Ft. 7,000 Sq. Ft. Lot Width 80' 70' Lot Depth 90' 90' Density 3.2 Units/acre 4.0 Units/acre PLATTING STATUS: The property is not currently platted. Platting will be required at the time of development. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The current Comprehensive Plan (latest update in 2009) indicates Low Density Residential for the subject property. As indicated by the Comprehensive Plan, corresponding zoning districts for Low Density Residential are Residential Estate (RE) and Single -Family Residential -1 (R-1). The requested zoning of Single -Family Residential -2 (R-2) would be consistent with the Comprehensive Plan's classification of Medium Density Residential. Prior to the 2004 update of the Comprehensive Plan, the Low Density Residential classification included RE, R-1, and R-2 as appropriate corresponding zoning districts. However, following Councils direction at the time of the 2004 update, the R-2 corresponding classification was moved to Medium Density Residential. Therefore, this request would not be in conformance with the Comprehensive Plan. CONFORMANCE WITH THE THOROUGHFARE PLAN: The subject property has frontage on Old Alvin Road road, a major collector, with a minimum of 80' right-of-way. AVAILABILITY OF UTILITIES: The subject parcel does have access to public water and JPH 9-17-12 Zone Change 2012-08Z Page 2 sewer. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: If the zone change is approved, it may result in potentially negative impacts on the subject property as well as surrounding and nearby properties. The main impact identified at this time would be development of smaller lots than have been planned for this area, based on the Current Comprehensive Plan. A Traffic Impact Analysis (TIA) may be required at the time of subdivision plat review by the City's Engineering department to determine if there are any potentially negative traffic impacts anticipated as a result of the proposed development at that time. Mitigation measures that are deemed necessary as a result would be responsibility of the applicant to implement. 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, as well as property owners within the existing Planned Development. 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. At the time of this report, one information inquiry has been received. STAFF RECOMMENDATION: Staff is unable to recommend approval of Zone Change 2012-08Z as proposed by the applicant for the following reasons and with the following conditions: 1. The property appears to be able to be developed in conformance with the Future Land Use Plan. 2. The proposed zone change will not bring the property into compliance with the latest approved Future Land Use Plan. 3. Approval of the zone change would not be in conformance with the surrounding zoning. 4. The proposed zone change may negatively impact on the surrounding properties and developments. JPH 9-17-12 Zone Change 2012-08Z Page 3 SUPPORTING DOCUMENTS: • Proposed Planned Development Amendment • 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 9-17-12 Zone Change 2012-08Z Page 4 ›- _J _L .. J._ Z CO > E _ zp c> co — z LETHBRIDG a 111111111101 se4 Ar AizAa' Air Airizzi, ea x 0 — ' Lff RD'.._____ — Abutter Map Zone Change 2012-08Z Old Alvin Road North of McHard 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 0 225 450 900 Feet 11111 ill �i' z CO OQ'i Grl z coMEADOWVILLE � O z H - W ti 0 c TRELAWNEY g\`'� D w m 0 Medium Density Residential cc KNAPP RD HICKORY CREEK GLASTONBURY Low Density Residential Public / Semi -Public David L. Smith Project Industrial 0 r ALICE'; Offices GABLEPARK LN z r 7J n p 0 High Density Residential o D-10,000sf Lots (Suburban Res) Retail, Offices and Services FLUP Map Zone Change 2012-08Z Old Alvin Road North of McHard 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. 0 225 450 900 Feet 1 1 1 1 1 1 1 1 1 Aerial Map Zone Change 2012-08Z Old Alvin Road North of McHard This product is for information purposes and may not have been prepared for or be suitabl for legal, engineering, or surveying purposes. It does not represent an on -the -ground surve and represents only the approximate relative location of property boundaries. N 0 210 420 840 Feet 111111 1 1 l A OMNI on.the subject. For add- tional information, aloe contact the DePintment'at a1162-1768. NMI !ells City Pinner Fwbilehed A M, 2012 NOTICE' OF A JONG` RaUC HEARING QF N! CITYCOMM AND THE PLANNING ANi ZONING 'COW` MINION OF THE CITY OP PEARLA'S , TEXAS illOSIE CHANGE YPWCATION IS M12 -08Z NON is hereby given oM September 17, ERG it 8:30 p.m., the Cllr Council -and Penang and Zoning Cmpadssion of the Ciel at Pwland, in Braude, Harris and Fort Bend Cbtrdes, Texas, will tenant a joint public Waft in the Council 011nlbers of City Hal, loaded at 3519 Liberty OM, Pearland, Te Is M toe request of Nan Moder, applicant, on WIWI of S. E. Oemelaries of Teale, Inc., 'gamer, for approvel al a zone change from M General CommensYl (GC) and Single Fainly iledintiai'1 (R•1) zine tq INN Single Family Rslhlentlal-2 (R-2) zone ter 117.4 acres, `mon W edlleally deecribo as: ot Sap 47 4 acmes" lade IMMO in the H.T. & 11.R. Co. Survey, AMIGO 233, "Braze,(. County, Taxan, more pialltalarly being a pa- lm et Lots 82, 83, 191 94 ot • a ~ !!Heirs, � t.ealtlba: Sae Wal lidos 11 Exhibit Ordinance No. 2000M-89 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 g -21 20 /2 - No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 te) 1U?I721r24-) CFO .�D LAURA ANN EMMONS NOTARY PUBLIC STATE OF TEXAS My Commission Expires 0910.2014 day of sal I�11, Laura Ann Emmons, Publisher Notary Public, State of Texas o20I.2,- 0YL