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Ord. 509-812 02-27-06ORDINANCE NO. 509-812 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 2.21 ACRE TRACT OF LAND LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 81, ABSTRACT 300, BEING OUT OF THAT CALLED 173.49 ACRE TRACT CONVEYED TO LINGO SOUTHGATE, LTD., A TEXAS LIMITED PARTNERSHIP, BY SPECIAL WARRANTY DEED WITH VENDOR'S LEIN UNDER CLERK'S FILE NUMBER 01-053025, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, AND FURTHER BEING OUT OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION RECORDED IN VOLUME 2, PAGE 98, MAP RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTHEAST CORNER OF COUNTY ROAD 59 AND KIRBY DRIVE) (ZONE CHANGE APPLICATION NO. 2006- 04Z) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R- 2) TO OFFICE AND PROFESSIONAL DISTRICT (OP), AT THE REQUEST OF KYLE DUCKETT OF GEOSURV, LLC, APPLICANT FOR TRACY GOZA OF LINGO SOUTHGATE, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Kyle Duckett of GeoSurv, LLC, applicant for Tracy Goza of LinGo SouthGate, Ltd., owner, filed on November 29, 2005, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use as provided for in said Section 28, 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 WHEREAS, on the 16th day of January, 2006, 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 1 ORDINANCE NO. 509-812 City, the affidavit of publication being attached thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and WHEREAS, on the 1st day of February, 2006, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Kyle Duckett of GeoSurv, LLC, applicant for Tracy Goza of LinGo SouthGate, Ltd., owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Single Family Dwelling District (R-2) to Office and Professional District (OP); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on February 13, 2006; 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 Kyle Duckett of GeoSurv, LLC, applicant for Tracy Goza of LinGo SouthGate, Ltd., 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: I. The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Single Family Dwelling District (R- 2) is hereby zoned to Office and Professional District (OP), such property being more particularly described as: 2 ORDINANCE NO. 509-812 2.21 acre tract of land located in the H.T. & B.R.R. Company Survey, Section 81, Abstract 300, being out of that called 173.49 acre tract conveyed to LinGo SouthGate, Ltd., a Texas limited partnership, by Special Warranty Deed with Vendor's Lein under Clerk's File Number 01-053025, Official Records of Brazoria County, Texas, and further being out of the Allison -Richey Gulf Coast Home Company Subdivision recorded in Volume 2, Page 98, Map Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (Generally Located on the Northeast Corner of County Road 59 and Kirby Drive) 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. 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. 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. 3 ORDINANCE NO. 509-812 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. VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509 and consistent with the approval herein granted for the reclassification of the herein above described property. 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 , 2006. ATTEST: g._se TOM REID MAYOR 4 ORDINANCE NO. 509-812 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th day of February 2006. ATTEST: YOUNG Y S'RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 5 PATE /I/ q j° PAID: J PHONE( RECEIVED BY: INCOMPL SURVEY AN E May 2005 FOR A CHANGE IN ZONING Ple a check one: Change in Zoning Classification from: ❑ Specific Use Permit Request for : to: (list current zoning) City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com (list proposed zoning) g•el: Property Information: Address: ✓ 1—) " �-�- Subdivision: cUtti��� Lot: Block: (list proposed use) Tax Account No. 0 3 CMG' OCR C 3— Q&C3 ** Attach a copy of the metes and bounds description, survey, or legal description** Current use of property (type of structures on property): V C4C( ,� Future/proposed use of property and reason for zone change: (] CLS• t �� f (• c_l PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME L. VI G a CO Mal Lc . (7&c1NAME k- ADDRESS 3'1 Cam' Ma q �� 01 + 6( ADDRESS P C,j C. CITY i ,_0.v- Iav d STATET,( ZIP r - CITY PHONE(8 3 2) T 3 , c3(, C� FAX( (g" Z) �a 9 L O FAX( 2-El ) -S `>I j 2 STATE -TX ZIP 1-7 E-MAIL ADDRESS Q C f,tA_5or; otie/ h e,( i yam, Co E-MAIL ADDRESS I L. k� -E 5e0..St iet Co en PETITION: As owner/agent, I thereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a truy description of the property upon which I have requested the I, m fully responsible for the correctness of the legal description above checked action. I undefstand �'th given. Owner's Signature: Agent's Signature: ( I /{ Date: Date: I ( 21 S OFFICE USE ONLY: FEES r PAID: Y%:� APPLICATION NUMBER:APPLICA©Q(6 — ®T"� ***APPLICATION IS CONSIDEREDWITHOUT A METES AND BOUNDS DESCRIPTION OR FEE*** Page 103 of 106 SUBJECT PROPERTY Ell IMMO HARRIS AVE GRIMES AVE FREESTONE AVE MADISON CT EDWARDS AVE Inlirr. inn% Lawn olinai -mom I11i*i1 innmj 111111111111,& in NI • • i 11141�11 MU LOCATION MAP Zone Change No. 2006-04Z W+E 0 200 400 Feet Map Prepared on December 16, 2005 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No. / Date 0 20 bG No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this S day of 20 D 6, • • ••�• `' ` LAURA ANN EMMONS •• • Notary Public, State of Texas • • ',lEo�.,�� Commission Expires 09-09-2006.7. • Laura Ann Emmons, Publisher Notary Public, State of Texas Published Dec. 28, 2005, and Jan. 4, 2006 NOTICE OF A JOINT PUB- LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE NO.2006.04Z Notice is hereby given that on January 16, 2006, 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, on the request of Kyle Duckett of GeoSurv, LLC, applicant for Tracy Goza of LinGo SouthGate, Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Single Family Dwelling District (R- 2) to Office and Professional District (OP), on the following described property, to wit: 2.21 acre tract of land locat- ed in the H.T. & B.R.R. Company Survey, Section 81, Abstract 300, being out of that called 173.49 acre tract conveyed to LinGo SouthGate, Ltd., a Texas limited partnership, by Special Warranty Deed with Vendor's Lein under Clerk's File Number 01-053025, Official Records of Brazoria County, Texas, and further being out of the Allison - Richey Gulf Coast Home Company Subdivision recorded in Volume 2, Page 98, Map Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (Generally Located on the Northeast Corner of County Road 59 and Kirby Drive) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner LEGALS LIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE NO. 2006-04Z Notice is hereby given that on January 16, 2006, 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, on the request of Kyle Duckett of GeoSurv, LLC, applicant for Tracy Goza of LinGo SouthGate, Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Single Family Dwelling District (R- 2) to Office and Professional District (OP), on the following described property, to wit: 2.21 acre tract of land locat- ed in the H.T. & B.R.R. Company Survey, Section 81, Abstract 300, being out of that called 173.49 acre tract conveyed to LinGo SouthGate, Ltd., a Texas limited partnership, by Special Warranty Deed with Vendor's Lein under Clerk's File Number 01=053025, Official Records of Brazoria County, Texas, and further being out of the Allison - Richey Gulf Coast Home Company Subdivision recorded in Volume 2, Page 98, Map Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas (Generally Located on the Northeast Corner of County Road 59 and Kirby Drive) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner Planning & Zoning Commission Recommendation Letter February 1, 2006 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 04Z, a request by Kyle Duckett of GeoSurv, LLC, applicant for Tracy Goza of LinGo SouthGate, Ltd., owner, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a change in zoning district from classification Single Family Dwelling District (R-2) to Office and Professional District (OP) Honorable Mayor and City Council Members: At their regular meeting of January 16, 2006, the Planning and Zoning Commission considered the request for a change in zoning district from classification Single Family Dwelling District (R- 2) to Office and Professional District (OP), on the following property: Legal Description: 2.21 acre tract of land located in the H.T. & B.R.R. Company Survey, Section 81, Abstract 300, being out of that called 173.49 acre tract conveyed to LinGo SouthGate, Ltd., a Texas limited partnership, by Special Warranty Deed with Vendor's Lein under Clerk's File Number 01-053025, Official Records of Brazoria County, Texas, and further being out of the Allison -Richey Gulf Coast Home Company Subdivision recorded in Volume 2, Page 98, Map Records of Brazoria County, Texas, City of Pearland, Brazoria County, Texas General Location: Generally Located on the Northeast Corner of County Road 59 and Kirby Drive Commission Member Greiner made a motion to recommend approval of the zone change request, which was seconded by Commission Member locco. The motion to approve passed 7 — 0. The zone change was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Agenda Request 04Z Page 3 of 3 200' NOTIFICATION LIMITS SUBJECT PROPERTY 1 BAILEY JAMES A & DEBORA A • wA r '111--111111111 LINGO SOUTHFORK LTD 111111 FREESTONE AVE MADISON CT ,"11i PPP! LINGO SOUTHGATE LTD PRICE BETTY GEORGE TRST WATKINS ULYSSES W JR OWNERSHIP MAP Zone Change No. 2006-04Z 0 200 400 Feet 11111 I Map Prepared on December 16, 2005 OUT O Nyman CITY LIM ui uII1II rat �1111 I�- ��\IIIII Ma 1111111111111111 : 1111 �IIII\ -G� �1 ZONING MAP W+E Zone Change No. 2006-04Z 0 200 400 Feet lull I Map Prepared on December 16, 2005 * OPERTY III.„.1,' 4...iiI 11_ orMi PAA-sus thvirminumumwo Wum 1r 41111111E' IIIIII/4 WI mi planting. BilItt I1:5111111111t LIM iza 1111110:111::: 1111rIniarr 11111.1111111111111 ifIllint 441011111.1% OVA. FUTURE LAND USE PLAN Zone Change No. 2006-04Z W+E 0 500 hill 1,000 Feet Map Prepared on December 16, 2005 AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation .in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. / Date /- 20 226_ No Date 20 No. Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this day of 20(% LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 Laura Ann Emmons, Publisher Notary Public, State of Texas.. aoo - 0 4-2- CITY COUNCIL AND THE; i PLANNING AND ZONING. COMMISSION -OF THE1 CITY OF PEARLAND, TEXAS , ZONE CHANGE NO. 2006-04Z ,Notice is hereby given that on January 16, 2006, atl 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, on 1 the request of Kyle Duckett of GeoSurv,,LLC, applicant 1, for Tracy Goza of LinGo SouthGate, Ltd., owner, for an amendment to the Land - I Use and Urban Development Ordinance of said City, for approval of a I change in zoning district from dlassification Single 1. Family Dwelling District (R- 2) to Office and Professional District (OP), on the following described I property; to wit: - • 2.21 acre•tract of land locat- ed in the H.T. 8 B:R.R. Company Survey, Section '' 181, Abstract 300, being out of that called 173.49 acre tract conveyed to-LinGo SouthGate, Ltd., a Texas limited partnership, - by Special Warranty Deed with I Vendor's Lein under Clerk's ! File Number 01-053025, i Official Records of Brazoria! County, Texas, and further being out of the Allison • Richey Gulf Coast Home' Company • Subdivision' • recorded in Volume 2, Page 98, Map Records oft Brazoria County, Texas, ;City of Pearland, Brazoria County, Texas (Generally Located on the Northeast Corner of County Road 59: and Kirby Drive) ' At said hearing all interest- ed parties shall- have the . right and opportunity to appear and be heard on the subject. /s/ Theresa Grahmann Senior Planner.